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Table of Contents
Editorial Tracing an Eventful Year in European Disability Law and
Policy
Gerard Quinn and Lisa Waddington� � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � 1
Part I: Articles and Practitioners’ Notes� � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � 5
The UN Disability Convention and (Multiple) Discrimination: Should
EU Non-Discrimination Law Be Modelled Accordingly?
A art Hendriks� � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � 7
1.Introduction� � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � 7
2.What is (Multiple) Discrimination?� � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � 10
2.1.Discrimination� � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � 10
2.2.Forms of Discrimination� � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � 12
2.3.
Multiple Discrimination� � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � 14
3.Disability and Multiple Discrimination� � � � � � � � � � � � � � � � � � � � � � � � � � � � 17
4.Disability, other Protected Grounds and the CRPD Approach
Towards Combating Multiple Discrimination� � � � � � � � � � � � � � � � � � � � � � � 22
5.
Current Protection Offered by EU Law Against Multiple
Discrimination� � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � 23
6.Discussion and Conclusions� � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � 26
The Law and Politics of US Participation in the UN Convention on the
Rights of Persons with Disabilities
Michael Ashley Stein, Janet E. Lord, and Penelope J.S. Stein � � � � � � � � � 29
1.Introduction� � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � �
2.Overview of American Disability Law� � � � � � � � � � � � � � � � � � � � � � � � � � � � �
2.1.Theoretical Underpinnings � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � �
2.2.Practical Limitations� � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � �
3.
Consequences of United States Ratification� � � � � � � � � � � � � � � � � � � � � � � �
3.1.Introspective Review� � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � �
3.2.Fostering Dialogue� � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � �
3.3.International Relations� � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � �
3.4.Transatlantic Dialogue � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � �
4.
Conclusion� � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � �
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The Conclusion of the UN Convention on the Rights of Persons with
Disabilities by the EC/EU: A Constitutional Perspective
Delia Ferri� � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � 47
1.Introduction� � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � �
2.The Text of the UN CRPD: A Brief Overview� � � � � � � � � � � � � � � � � � � � � �
3.The Conclusion of the UN CRPD by the EC/EU � � � � � � � � � � � � � � � � � � �
4.The UN CRPD: Status and Effects Within the EU Legal System� � � � �
5.
Concluding Remarks� � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � �
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Introduction to the Symposium: Digital Freedom and Disability –
Lessons from Europe and the United States
Rune Halvorsen � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � 73
Digital Freedom for Persons with Disabilities: Are Policies to Enhance
e-Accessibility and e-Inclusion Becoming More Similar in the Nordic
Countries and the US?
Rune Halvorsen � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � 77
1.Introduction� � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � 77
2.
Comparing Institutional Differences in e-Accessibility and
e-Inclusion Policy� � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � 78
3.E-Accessibility Regulations and Achievements in the Nordic
Countries and the US � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � 81
4.Social Redistribution and e-Inclusion in the Nordic Countries and
the US� � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � 88
5.Explaining the Differing Profiles of Nordic and US e-Accessibility
and e-Inclusion Policy� � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � 92
6.Will Supranational Organizations Further Convergence in
e-Accessibility and e-Inclusion Policy Between the Nordic
Countries and the US? � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � 96
7.
Conclusions� � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � 101
Law and Policy Challenges for Achieving an Accessible eSociety:
Lessons from the United States
William N. Myhill� � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � 103
1.Introduction� � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � �
2.The Patchwork of Federal Law� � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � �
2.1.Pre-ICT Proliferation Era� � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � �
2.2.Public Internet Era� � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � �
3.Progress and Shortcomings of Federal Law � � � � � � � � � � � � � � � � � � � � � � �
4.Accessibility of the Internet and Higher Education ICTs� � � � � � � � � � �
4.1.Internet Accessibility� � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � �
4.2.
Common Law and Litigation � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � �
5.Bringing About Uniformity of ICT Accessibility: Legislative and
Alternate Mechanisms � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � �
5.1.Select Legislative Solutions� � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � �
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5.2.Alternative Mechanisms� � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � 125
6.
Conclusion� � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � 129
Challenging Disabling Barriers to Information and Communication
Technology in the Information Society: A United Kingdom Perspective
Anna Lawson� � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � 131
1.Introduction� � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � �
2.Equality Law Mechanisms� � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � �
2.1.Overview � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � �
2.2Types of Claim � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � �
2.2.1.Disability-Related Discrimination� � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � �
2.2.2.Reasonable Adjustment Duties� � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � �
2.2.2.1.Scope� � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � �
2.2.2.2.Employment� � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � �
2.2.2.3.Goods and Services (Including Education, Transport and Public
Functions)� � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � �
2.2.2.4.Reasonable Adjustment and Access to Information� � � � � � � � � � � � � � � �
2.2.3.The Disability Equality Duty � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � �
2.3.Enforcement � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � �
3.
Market Regulation Mechanisms� � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � �
4.Social Protection Mechanisms� � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � �
5.
Conclusion� � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � �
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Removing Accessibility Barriers to Telecommunications:
A Pre-Requisite for Social Inclusion of Persons with Disabilities
Contribution from the European Disability Forum
Rodolfo Cattani� � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � 149
Contribution from the Commissioner for Human Rights of the Council
of Europe
Thomas Hammarberg� � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � 153
1.Introduction� � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � �
2.The Commissioner’s Approach and Working Methods � � � � � � � � � � � � �
3.Specific Issues of Concern to the Commissioner Regarding the
Human Rights of Persons with Disabilities� � � � � � � � � � � � � � � � � � � � � � � �
3.1.Implementation of the UN Convention on the Rights of Persons
with Disabilities� � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � �
3.2.
Children with Disabilities � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � �
3.3.Ageing Persons with Disabilities� � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � �
3.4.Persons with Mental Disabilities� � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � �
3.4.1.Legal Capacity � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � �
4.Future Challenges - Conclusions� � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � �
4.1.
Combating Discrimination� � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � �
4.2.National Action Plans� � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � �
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Part II: Annual R eview of European Law and Policy � � � � � � � � � � � � � � � � � 161
The European Union� � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � 163
1.Background to the European Union and Disability� � � � � � � � � � � � � � � � �
1.1.Strategic Direction� � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � �
1.1.1. Current Strategy: The European Disability Action Plan 2003-2010� �
1.1.2.EU Disability Strategy 2010-2020� � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � �
1.2.Legislative Measures� � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � �
1.2.1.Entry into Force of the Lisbon Treaty� � � � � � � � � � � � � � � � � � � � � � � � � � � � �
1.2.2. Council Directive 2000/78/EC of 27 November 2000 Establishing
a General Framework for Equal Treatment in Employment and
Occupation� � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � �
1.2.3.Proposal for a Council Directive on Implementing the Principle
of Equal Treatment Between Persons Irrespective of Religion or
Belief, Disability, Age or Sexual Orientation (2008)� � � � � � � � � � � � � � �
1.2.4.Proposal for a Regulation Concerning the Rights of Passengers
when Traveling by Sea and Inland Waterway; � � � � � � � � � � � � � � � � � � � � �
Proposal for a Regulation on the Rights of Passengers in Bus and
Coach Transport� � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � �
1.2.5.EU Telecoms Reform Package� � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � �
1.3.The EU and International Legal Developments� � � � � � � � � � � � � � � � � � � �
1.3.1.Signature and Conclusion by the EC/EC of the UN Convention on
the Rights of Persons with Disabilities� � � � � � � � � � � � � � � � � � � � � � � � � � � �
1.4.Recent Developments in Miscellaneous Fields � � � � � � � � � � � � � � � � � � � �
2.Activities of the European Commission� � � � � � � � � � � � � � � � � � � � � � � � � � �
2.1.Directorate General for Employment, Social Affairs and Equal
Opportunities� � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � �
2.1.1.Unit for the Integration of People with Disabilities � � � � � � � � � � � � � � � �
2.1.2.Unit for Equality, Action against Discrimination: Legal Questions� �
2.1.3.Unit on Action against Discrimination, Civil Society � � � � � � � � � � � � � �
2.2.Directorate General for Health and Consumers� � � � � � � � � � � � � � � � � � � �
2.3.Directorate General for Mobility and Transport� � � � � � � � � � � � � � � � � � � �
2.4.Directorate General for Internal Market and Services� � � � � � � � � � � � � �
2.5.Directorate General for Competition � � � � � � � � � � � � � � � � � � � � � � � � � � � � �
2.6.Directorate General for Enterprise and Industry� � � � � � � � � � � � � � � � � � �
2.7.The Information Society and Media Directorate General� � � � � � � � � � �
2.8.Eurostat� � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � �
3.Activities of the Council of the European Union� � � � � � � � � � � � � � � � � � �
3.1.Activities Under the Open Method of Coordination� � � � � � � � � � � � � � � �
3.1.1.Open Method of Coordination - Social Protection and Social
Inclusion� � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � �
3.1.2.Open Method of Coordination – European Employment Strategy� � �
3.2.EU Presidency and Ministerial Conferences on Disability� � � � � � � � � �
4.
Current Activities of the European Parliament� � � � � � � � � � � � � � � � � � � � �
4.1.Activities of the Disability Intergroup of the European Parliament� �
5.
Case Law of the Court of Justice of the European Union� � � � � � � � � � �
5.1.The Powers of the Court of Justice of the European Union � � � � � � � � �
5.2.Recently Decided Cases� � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � �
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5.2.1. Gottwald v. Bezirkshauptmannschaft Bregenz� � � � � � � � � � � � � � � � � � � � �
5.2.2. Joined Cases Gerhard Schultz-Hoff v. Deutsche
Rentenversicherung Bund and Stringer and Others v. Her Majesty’s
Revenue and Customs� � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � �
5.2.3.Francisco Vicente Pereda v. Madrid Movilidad SA� � � � � � � � � � � � � � � � �
5.2.4.Ketty Leyman v Institut national d’assurance maladie-invalidite
(INAMI)� � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � �
5.2.5.Evangelina Gomez-Limon Sanchez-Camacho v Instituto Nacional
de la Seguridad Social (INSS), Tesoreria General de la Seguridad
Social (TGSS) and Alcampo SA � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � �
5.2.6.Petra von Chamier-Glisczinski v Deutsche AngestelltenKrankenkasse � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � �
5.3.
Cases Pending� � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � �
5.3.1.Lucy Stewart v Secretary of State for Work and Pensions � � � � � � � � � �
5.3.2.Ralph James Bartlett, Natalio Gonzalez Ramos, Jason Michael
Taylor v Secretary of State for Work and Pensions� � � � � � � � � � � � � � � � �
6.European Economic and Social Committee� � � � � � � � � � � � � � � � � � � � � � �
6.1.
2009 Opinions with a Disability Dimension� � � � � � � � � � � � � � � � � � � � � � �
7.Activities of the European Union Fundamental Rights Agency � � � � �
8.Studies and Reports� � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � �
8.1.Study on the Situation of Women with Disabilities in Light of the
UN Convention on the Rights of Persons with Disabilities – A
Final Report for the DG Employment, Social Affairs and Equal
Opportunities of the European Commission� � � � � � � � � � � � � � � � � � � � � � �
8.2.Report of the Ad Hoc Expert Group on the Transition from
Institutional to Community-Based Care� � � � � � � � � � � � � � � � � � � � � � � � � � �
8.3.International Perspectives on Positive Action Measures – A
Comparative Analysis in the European Union, Canada, The United
States and South Africa� � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � �
8.4.
Various Reports Published By The Academic Network of European
Disability Experts (ANED)� � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � �
8.4.1.European Comparative Data on the Situation of Disabled People:
An Annotated Review� � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � �
8.4.2.The Labour Market Situation of Disabled People in European
Countries and Implementation of Employment Policies: A
Summary of Evidence from Country Reports and Research Studies�
8.4.3. Monitoring the Implementation of the UN Convention on the
Rights of Persons with Disabilities in Europe: Principles for the
Identification and Use of Indicators � � � � � � � � � � � � � � � � � � � � � � � � � � � � � �
8.4.4.The Implementation of EU Social Inclusion and Social Protection
Strategies in European Countries with Reference to Equality for
Disabled People � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � �
8.4.5.Annotated Review of European Legislation which Makes a
Reference to Disability� � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � �
8.4.6.Indicators of Disability Equality in Europe (IDEE) – A Preliminary
List of Indicator Proposals for Discussion� � � � � � � � � � � � � � � � � � � � � � � � �
8.4.7.The Implementation of Policies Supporting Independent Living for
Disabled People in Europe: Synthesis Report� � � � � � � � � � � � � � � � � � � � � �
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8.5.European Research Agendas for Disability Equality (EuRADE) –
Policy Statement� � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � 240
9.European Day of People with Disabilities� � � � � � � � � � � � � � � � � � � � � � � � � 241
9.1.European Day of People with Disabilities 2009 (3-4 December
2009)� � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � 241
The Council of Europe� � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � 243
1.Background to the Council of Europe and Disability� � � � � � � � � � � � � � �
1.1.The Role and Institutions of the Council of Europe� � � � � � � � � � � � � � � �
1.2.The Strategic Direction of the Council of Europe on Disability� � � � �
2.The European Court of Human Rights and Recent Case Law on
Disability � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � �
2.1.The Convention and the Court� � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � �
2.2.Background, Proceedings and Jurisdiction of the Court � � � � � � � � � � � �
2.3.
Court Reform � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � �
2.4.Disability and the Court� � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � �
2.5.Recent Disability Related Case Law� � � � � � � � � � � � � � � � � � � � � � � � � � � � � �
2.5.1. General Disability Related Case Law� � � � � � � � � � � � � � � � � � � � � � � � � � � � �
2.5.1.1. Glor v. Switzerland � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � �
2.5.1.2. G.N. and others v. Italy� � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � �
2.5.1.3.Savin and Savina v. Ukraine � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � �
2.5.1.4.Salontaji-Drobnjak v. Serbia� � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � �
2.5.1.5. Codarcea v. Romania� � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � �
2.5.2. Case Law Concerning Conditions of Detention for Persons with
Disabilities� � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � �
2.5.2.1.Paladi v Moldova� � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � �
2.5.2.2.Sławomir Musiał v. Poland� � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � �
2.5.2.3.Kats and Others v. Ukraine � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � �
2.5.2.4.Kılavuz v. Turkey� � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � �
2.3.Pending Applications of Interest � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � �
2.3.1. Câmpeanu v. Romania � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � �
2.3.2.Farcas v. Romania � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � �
3.European Social Charter� � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � �
3.1.Background of the European Social Charter and Committee� � � � � � � �
3.2.Recent Conclusions of the European Committee of Social Rights
on State Party Reports on Disability� � � � � � � � � � � � � � � � � � � � � � � � � � � � � �
3.3.Recent Decisions of the European Committee of Social Rights on
Collective Complaints and Disability� � � � � � � � � � � � � � � � � � � � � � � � � � � � �
3.3.1.European Roma Rights Centre (ERRC) v. Bulgaria (Revised Social
Charter, Decision of June 2008)� � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � �
4.European Committee for the Prevention of Torture and Inhumane
or Degrading Treatment or Punishment (CPT).� � � � � � � � � � � � � � � � � � � �
4.1.Background of the CPT� � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � �
4.2.The CPT Standards and Disability � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � �
4.3.The 2009 CPT General Report� � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � �
4.4.
Country Visits of the CPT and Disability � � � � � � � � � � � � � � � � � � � � � � � � �
4.4.1. CPT Visit to Azerbaijan (2008) � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � �
4.4.2. CPT Visit to the United Kingdom (2008) � � � � � � � � � � � � � � � � � � � � � � � � �
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4.4.3. CPT Visit to Greece (2008)� � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � �
4.4.4. CPT Visit to French Guyana (2008)� � � � � � � � � � � � � � � � � � � � � � � � � � � � � �
4.4.5. CPT Visit to Slovakia (2009)� � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � �
4.4.6. CPT Visit to Sweden (2009)� � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � �
4.4.7. CPT Visit to Latvia (2009)� � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � �
4.4.8. CPT Visit to Abkhazia, Georgia (2009)� � � � � � � � � � � � � � � � � � � � � � � � � � �
4.4.9. CPT Visit to Moldova (2009) � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � �
5.The Council of Europe Human Rights Commissioner and
Disability � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � �
5.1.Background and Role� � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � �
5.2.Recent Activity of the Commissioner on Disability� � � � � � � � � � � � � � � �
5.2.1. Viewpoints� � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � �
5.2.1.1. Viewpoint on Intellectual Disability� � � � � � � � � � � � � � � � � � � � � � � � � � � � � �
5.2.1.2. Viewpoint on Legal Capacity� � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � �
5.2.1.3.Viewpoint on De-Institutionalization of Orphans and Children with
Disabilities� � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � �
5.2.2. Country Visits� � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � �
5.2.2.1.Report on Visit to the Netherlands� � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � �
5.2.2.2.Report on Visit to Serbia � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � �
5.2.2.3.Report on Visit to Monaco� � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � �
5.2.2.4.Report on Visit to Kosovo � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � �
5.2.2.5.Report on Visit to Turkey� � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � �
5.2.2.6.Report on Visit to Bulgaria � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � �
5.2.3.Recommendations� � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � �
6.The Parliamentary Assembly and the Committee of Ministers and
Disability � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � �
6.1.Resolution 1642 (2009) and Recommendation 1854 (2009) Access to Rights for People with Disabilities and Their Full and
Active Participation in Society, and Committee of Ministers
Response� � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � �
6.2.Recommendation of the Committee of Ministers to Member
States on Ageing and Disability in the 21st Century: Sustainable
Frameworks to Enable Greater Quality of Life in an Inclusive
Society� � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � �
6.3.Recommendation of the Committee of Ministers to Member States
on Monitoring the Protection of Human Rights and Dignity of
Persons with Mental Disorder� � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � �
6.4.Recommendation of the Committee of Ministers to Member States
on Achieving Full Participation Through Universal Design� � � � � � � � �
6.5.Recommendation of the Committee of Ministers to Member States
to Encourage the Education and Social Inclusion of Children and
Young People with Autism Spectrum Disorders � � � � � � � � � � � � � � � � � � �
6.6.Recommendation of the Committee of Ministers to Member States
on Principles Concerning Continuing Powers of Attorney and
Advance Directives for Incapacity� � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � �
6.7.Recommendation of the Committee of Ministers to Member States
on Deinstitutionalization and Community Living of Children with
Disabilities� � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � �
6.8.
Council of Europe Conference on Women and Disabilities� � � � � � � � �
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Other European Intergovernmental Organizations and Civil Society
Groups� � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � 303
1.European Intergovernmental Organizations� � � � � � � � � � � � � � � � � � � � � � �
1.1.Organization for Economic Co-operation & Development (OECD)�
1.2.World Health Organization – Regional Office for Europe � � � � � � � � � �
1.3.The Proposed Treaty on Copyright Exceptions and Limitations for
Persons with Visual Impairments at the World Intellectual Property
Organization � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � �
2.European Civil Society Organizations� � � � � � � � � � � � � � � � � � � � � � � � � � � �
2.1.The European Disability Forum� � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � �
2.2.Inclusion Europe� � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � �
2.3.European Network on Independent Living (ENIL)� � � � � � � � � � � � � � � � �
2.4.The European Coalition for Community Living (ECCL)� � � � � � � � � � �
2.5.
Mental Disability Advocacy Centre (MDAC)� � � � � � � � � � � � � � � � � � � � � �
3.Studies & Reports � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � �
3.1.The International Convention on The Rights of People with
Disabilities and Its Impact on the Spanish Legal System � � � � � � � � � � �
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317
322
327
331
333
337
337
Part III: Literature R eview� � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � 339
Literature R eview� � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � 341
1.Disability Law and Policy Books� � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � 341
2.Disability Law and Policy Journal Articles� � � � � � � � � � � � � � � � � � � � � � � � 347
Part IV: Annex of K ey Documentation � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � 365
Council Decision of 26 December 2009 Concerning the Conclusion, by the
European Community of the United Nations Convention on the Rights of
Persons With Disabilities� � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � 367
Council Conclusions on Accessible Information Society� � � � � � � � � � � � � � � � � � 379
Recommendation CM/Rec(2010)2 of the Committee of Ministers to member
states on deinstitutionalisation and community living of children with
disabilities� � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � �
385
EDF Proposal for a European Pact on Disability � � � � � � � � � � � � � � � � � � � � � � � � 395
Wasted Time, Wasted Money, Wasted Lives…A Wasted Opportunity? Executive Summary
ECCL Focus Report on how the current use of Structural Funds
perpetuates the social exclusion of disabled people in Central and Eastern
Europe by failing to support the transition from institutional care to
community-based services� � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � 403
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