Disability

Relevant EU Directive:

Directive 2000/78/EC.

Even though the Employment Equality Directive does not provide a definition of disability, since the EU became party to the CRPD in 2011, the CJEU stated that “Directive 2000/78 must, as far as possible, be interpreted in a manner consistent with that Convention”, thus reflecting the social model of disability. EU law also recognises that states have obligations to ensure reasonable accommodation to allow persons with disabilities the opportunity to fully realise their rights. Failure to do so amounts to discrimination.

Example:

Examples can include job dismissals with a shortened notice period because of workplace absences resulting from employees’ health problems or a refusal to grant a reduction in working hours where such a reduction makes it possible for a worker to continue their employment.

September 10, 2020

Equinet Compendium: Article 14 Cases from the European Court of Human Rights

In order to identify how equality bodies could best contribute to developing European Court of Human Rights (ECtHR) jurisprudence, the Equinet Equality Law Working Group monitored Article 14 cases to identify those that are directly relevant to equality and non-discrimination and the work of equality bodies. Read their findings in our Compendium
July 29, 2020

Equinet’s first amicus curiae intervention to the European Court of Human Rights

Equinet has submitted its first third-party intervention before the European Court of Human Rights (ECtHR) in the case of Franc TOPLAK v. Slovenia and Iztok MRAK v. Slovenia. This is the first time that the Court will decide on the merits of a case regarding the structural problem of physical accessibility to polling stations regarding persons with disabilities, and the positive duties States have to ensure effective accessibility.