Promoting Equality and Non-Discrimination for Persons with Disabilities ____________________________________________ Report written by Professor Lisa Waddington and Dr. Andrea Broderick, Maastricht University

Introduction The UN CRPD and the Council of Europe Disability Strategy 2017-2023 address equality and equalisation of opportunities for persons with disabilities Article 5 CPRD requires States to adopt positive measures to ensure equality across the substantive rights in the Convention The Council of Europe Disability Strategy aims at guiding and supporting the activities of Council of Europe member States in their implementation of the CRPD and Council of Europe standards regarding disability

Structure of presentation Outline of the structure and content of the report The CRPD and non-discrimination legislation: Scope of legislation Forms of disability-based discrimination The duty to reasonably accommodate Mechanisms to support victims of discrimination Monitoring and data collection Overview of initiatives and good practice in the context of employment

Outline of the structure and content of the report Section I: Obligations contained in Article 5 CRPD with respect to guaranteeing equality and non-discrimination for persons with disabilities Section II: Non-discrimination legislation, employment initiatives and education; paying particular attention to the duty to reasonably accommodate Section III: A recommended set of measures (checklist) to assist States in implementing Article 5 CRPD in light of the Council of Europe Disability Strategy

Scope of non-discrimination legislation Broad scope of CRPD Prohibition of discrimination must be implemented in numerous fields A wide range of individuals must be protected from disability discrimination Definition of disability should be broad

Forms of disability-based discrimination Denial of a reasonable accommodation Direct discrimination Indirect discrimination Harassment Instruction to discriminate Discrimination by association Multiple discrimination Discrimination based on perceived or past disability

Reasonable accommodation duty & limitations Article 5(3) CRPD: Reasonable accommodation is an individualised response to the particular needs of a disabled individual to ensure equal opportunities Denial of a reasonable accommodation is a form of discrimination Duty bearer is not required to provide an accommodation, where such accommodation would result in a disproportionate or undue burden

Reasonable accommodation duty Establish the duty in national laws and policies and ensure compliance with the duty by public and private entities Effective remedies should be in place so that persons with disabilities can obtain redress where a reasonable accommodation has been unfairly denied to them Access to financial aid in order to support the provision of reasonable accommodations

Mechanisms to support victims of discrimination Good Practice: Bulgaria Protection Against Discrimination Commission (PADC), which is a specialised equality body with the task of promoting and enforcing non-discrimination on a variety of grounds, including disability

Monitoring: Collection of data and statistics Good Practice: Italy The Italian National Observatory of Disability has, as one of its tasks, the collection of statistical data on disability in line with Article 31 CRPD (in cooperation with the National Statistical Office, Istat) Good Practice: Austria In early 2014, the University of Vienna conducted an online survey to identify the level of diversity within the student body (performance agreement between the University of Vienna and the Federal State of Austria)

Article 27 CRPD: Employment Prohibit discrimination on the basis of disability (including in recruitment procedures etc.) Reasonable accommodation of the individual’s requirements Promotion of employment opportunities and career advancement

Employment initiatives: Financial measures Good Practice: Estonia The Labour Market Services and Benefits Act provides for targeted support for unemployed disabled persons, including the adaptation of working premises and the provision of specialised equipment The fund compensates the employer for between 50 and 100% of the cost of making the necessary adaptation

Employment initiatives: Non-financial measures Good Practice: Italy  A project entitled ‘Diversity at work’ (diversitalavoro) was launched in 2008 to create an opportunity for businesses to meet persons with disabilities, thus allowing for contact between employers and persons who often experience discrimination

THANK YOU FOR YOUR ATTENTION Contact: andrea.broderick@maastrichtuniversity.nl