The Framework Directive for equal treatment in employment and occupation: an analysis from a disability rights perspective

The purpose of this paper is to analyse the recently adopted directive establishing a general framework for equal treatment in employment and occupation from a disability rights perspective. The adoption of this directive represents merely the first stage in the prohibition of discrimination on the grounds falling within its protective remit. The next and arguably most important stage is the implementation of this directive into national law. Of the protected grounds, disability offers what is arguably the greatest challenge for national authorities in the implementation process. It demands flexibility in the legislative approach traditionally used to combat discrimination as well as the introduction of new legal concepts into the national legal order of most Member States. Whilst European Disability Non-Governmental Organisations, together with the European Parliament, are calling on the Commission of the European Union to propose a more expansive directive prohibiting disability discrimination, it is first crucial to ensure that the core aspects of the recently adopted directive are clearly understood and correctly implemented from a disability rights perspective. These core aspects include the definition of disability, the concepts of direct and indirect discrimination, and the duty to provide reasonable accommodations. Given that these core aspects will be common to any disability non-discrimination law, no amount of coverage beyond the context of employment and occupation will compensate for the subsequent loss of opportunity to make a real difference to the lives of disabled people if they are not appropriately addressed.</p

The concept of disability discrimination and its legal construction

The purpose of this paper is to examine the key issues surrounding the legal construction of the concept of discrimination based on disability. This paper examines these issues in the context of the European Community’s framework directive on equal treatment in employment and occupation , in order to highlight the particular needs which must be addressed in developing laws to combat such discrimination. Where relevant, the paper contrasts the approach necessary for disability based discrimination with the traditional approach in relation to sex and race discrimination. The paper therefore examines the following areas: (i) the purpose of enacting non-discrimination laws in the context of disability; (ii) the definition of ‘disability’ as a ground of discrimination; (iii) the concepts of direct and indirect discrimination; and (iv) the duty to provide reasonable accommodations.</p

Ontological Pluralism and Notational Variance

Ontological pluralism is the view that there are different ways to exist. It is a position with deep roots in the history of philosophy, and in which there has been a recent resurgence of interest. In contemporary presentations, it is stated in terms of fundamental languages: as the view that such languages contain more than one quantifier. For example, one ranging over abstract objects, and another over concrete ones. A natural worry, however, is that the languages proposed by the pluralist are mere notational variants of those proposed by the monist, in which case the debate between the two positions would not seem to be substantive. Jason Turner has given an ingenious response to this worry, in terms of a principle that he calls ‘logical realism’. This paper offers a counter-response on behalf of the ‘notationalist’. I argue that, properly applied, the principle of logical realism is no threat to the claim that the languages in question are notational variants. Indeed, there seems to be every reason to think that they are

Why is a European Law on Disability Discrimination important

EU law offers great potential for advancing the rights and interests of disabled people living within the European Union, but this potential is yet to be fully realised. A major step forward in this regard is the recently adopted Framework Directive for equal treatment in employment and occupation – a measure constituting the first European law on disability discrimination. Through a brief outline of what may be described as the two main strands of EU activity from which an advancement in disability rights can be gained, namely the ‘human rights’ and the ‘design for all’ strands, this presentation seeks to place the Framework Directive within the broader context of an evolving EU disability policy. Falling squarely within the ‘human rights strand’, this directive is examined both in terms of its importance to disabled people as a European law, as well as its place within the wider disability agenda of the European Union. By so doing, this presentation aims to provide the audience with a greater awareness of the potential proffered by EU law for the advancement of disability rights and, as a result, a greater facility to fully exploit that potential. Whilst the nature of the question set for this presentation necessitates a generic approach to disability, specific reference will be made to learning disabilities where pertinent.</p

Quality-testing the legal Internet: finding law with the SOSIG Law Gateway

English language version of a preprint of an article by Steven Whittle, Information Systems Manager at the Institute of Advanced Legal Studies, published in Recht Bibliothek Dokumentation, the journal of the AjBD Arbeitsgemeinschaft für juristisches Bibliotheks-und Dokumentationswese

Finding not seeking: Law on the UK’s Social Science Information Gateway

Unpublished article on the Social Science Information Gateway by Steve Whittle, Information Systems Manager at the Institute of Advanced Legal Studie

"Magic in the web of it": more developments in SOSIG

Preprint of a brief article by Steve Whittle, Information Systems Manager at the Institute of Advanced Legal Studies, published in UK Centre for Legal Education’s Directions in Legal Education Newsletter