Disability Rights Expanding Accessible Markets (DREAM) Marie Curie Initial Training Network Appointment of Two PhD Early Stage Research positions (Marie Curie Fellows) at Maastricht University (Full Time, Fixed Term for three years, from 1 September 2011) The Faculty of Law of Maastricht University is seeking to recruit two Ph.D. Researchers within the Department of International and European Law as of 1 September 2011. The researchers will be recruited within the framework of the Marie Curie Initial Training Network, DREAM. Research within the DREAM Network focuses on how the rights contained in the United Nations Convention on the Rights of Persons with Disabilities can be transformed into practical applications. Description of DREAM The United Nations Convention on the Rights of Persons with Disabilities (UN CRPD, 2006) imposes legal obligations on States Parties to promote and achieve accessibility across the board for people with disabilities. This includes areas as diverse as access to Information and Communications Technologies and consumer goods and services more generally, access to employment, having legal capacity to act and take decisions, and access to independent living. Accessibility can be achieved through a variety of means, ranging from ensuring goods and services meet Design for All requirements, reasonable accommodation, non-discrimination, and inclusive social and economic policies and legislation. All Member States of the EU and the EEA have signed the Convention, as has the European Union, and all have ratified or concluded the Convention, or are committed to doing so. Within the framework of the DREAN Network, 14 Early Stage Researchers (Ph.D. researchers) will be recruited, two of which will be based at the Faculty of Law, Maastricht University. The Marie Curie Initial Training Network DREAM (Disability Rights Expanding Accessible Markets) consists of the National University of Ireland, Galway, Technosite (Spain), Maastricht University (Netherlands), University of Leeds (UK), NOVA Norwegian Social Research, the University of Iceland and Swiss Paraplegic Research / University of Lucerne. In addition, the Network consists of eight associated partners, including leading civil society groups. Each researcher will do an internship with at least one associated partner. The associated partners include the European Disability Forum, Interights, Mental Disability Advocacy Centre, European Network for Independent Living, the European Group of National Human Rights Institutions, the World Health Organisation and Digital Europe. More information on the DREAM ITN Network can be found at: www.nuigalway.ie/dream Vacancy One Ph.D. researcher on The Challenges and Consequences of Implementation of the UN CRPD for the European Union, with a focus on accessibility Article 9 of the UN CRPD imposes an obligation on States Parties to “ensure to persons with disabilities access, on an equal basis with others, to the physical environment, to transportation, to information and communication, including information and communications systems, and to other facilities and services open or provided ot the public”. The EU concluded the Convention at the end of 2010, and is consequently bound by this obligation, as well as the other provisions of the Convention that address accessibility. The successful applicant will explore the obligations relating to accessibility, as broadly defined in Article 9, which flow from the conclusion of the Convention by the EU. Specifically, the applicant will acquire a clear understanding of the nature of obligations under Article 9; establish the extent to which existing EU instruments meet those obligations and the extent to which the EU has the competence to act with regard to meeting any unmet obligations; gain a clear understanding of EU competences (and the dividing line between them and those of the Member States); understand how EU competences engage with the UN CRPD in the field of accessibility; and understand the importance of implementation mechanisms at the EU level in the field of accessibility and make recommendations accordingly. The successful candidate is expected to work towards the completion of a Ph.D. that will examine the drafting history of Article 9 CRPD and involve an in-depth study of EU level competences on disability across a broad range of policy fields relating to accessibility. These include competences related to: free movement of goods and services; internal market legislation; non-discrimination; EU citizenship; standardisation mandates; and human rights issues. The Ph.D. will also explore the legal and policy implications of the conclusion of the UN CRPD by the EU, and attempt to identify a framework for addressing these complicated issues. Lastly, the Ph.D. will analyse the role of the EU in the field of accessibility, including with respect to areas in which it has no competence (e.g., explore whether there is a need for a Open Method of Coordination on disability). The successful candidate will carry out a six month internship at the European Disability Forum (EDF) in Brussels, and will produce an internal research report relating to the subject of the research for EDF. The successful applicant will participate in the Graduate School of Law Programme and in the Ius Commune Research School, as well as following research training provided by the DREAM Network. Individual supervision of the candidate will be provided by Profs. Lisa Waddington and Bruno de Witte. The successful applicant will have a graduate law degree (LL.M) with a specialisation in European Union law, and a strong background in international law / human rights. Previous experience of academic research, and research relating to the UN CRPD or disability law is desirable. The successful applicant must have excellent writing and communication skills in English. Knowledge of Dutch is not required. The researcher should have a full draft of the Ph.D., which has been approved by the researcher’s supervisors, by the end of the 3 year contract. Vacancy Two Ph.D. researcher on Non-discrimination, full and effective participation and inclusion in society Non-discrimination and equality are red threads running through the UN CRPD. Numerous Convention articles seek to guarantee access or treatment for people with disabilities “on an equal basis with others” and non-discrimination and equality of opportunity are amongst the general principles recognised in Article 3 UN CRPD. Moreover, the Convention addresses equality and non-discrimination explicitly in Article 5 and clearly defines a failure to make a reasonable accommodation as a form of discrimination. The successful applicant will carry out research to gain a deep and critical insight into the nature of the non-discrimination tool, its limits as well as possibilities, as a lever for change throughout Europe. The successful candidate is expected to work towards the completion of a Ph.D. that will examine and reflect on the obligation to ensure non-discrimination and equality in the UN CRPD from a comparative and theoretical perspective; examine the drafting history of, in particular, Article 5 UN CRPD, and reflect on the relationship between this Article and other provisions of the Convention; examine how the obligations to provide equality and non-discrimination and the obligation to provide accessibility interact; and reflect on how the “balancing of interests” foreseen with regard to non-discrimination, and specifically through the “reasonable accommodation” requirement (covered party is obliged to accommodate the needs of a disabled individual unless this would amount to a disproportionate burden) is also reflected implicitly in some other provisions of the Convention, and, in particular in those provisions which require progressive implementation, such as accessibility (in line i.a. with priorities set by States Parties and the availability of resources). The candidate will reflect on whether the balancing and sharing of burdens already required with regard to reasonable accommodation can facilitate a greater understanding of how other provisions of the Convention should be implemented. The successful candidate will carry out a six month internship with one of the associated partners within the DREAM Network, e.g. the European Disability Forum, Interights, or the European Grouping of National Human Rights Institutes, and will produce an internal research report for the internship host relating to the subject of the research. The successful applicant will participate in the Graduate School of Law Programme and in the Human Rights Research School, as well as following research training provided by the DREAM Network. Individual supervision will be provided by Profs. Lisa Waddington and Fons Coomans. The successful applicant will have a graduate law degree (LL.M) with a specialisation in international law / human rights. Knowledge of EU law is also highly desirable. Previous experience of academic research, and research relating in particular to equality and nondiscrimination, as well as the UN CRPD or disability law is desirable. The successful applicant must have excellent writing and communication skills in English. Knowledge of Dutch is not required. The researcher should have a full draft of the Ph.D., which has been approved by the researcher’s supervisors, by the end of the 3 year contract. Maastricht University Maastricht University distinguishes itself as a European research university with a strong international outlook. Currently the University has approximately 14,500 students and 3,800 employees. The Faculty of Law is renowned for its Problem Based Learning teaching in both the Dutch Law programme and the programmes taught in English. Student body and staff are international. The Faculty consists of the following 6 departments: fiscal law; international and European law; foundations and methods of Law; private law; public law and criminal law. Research is concentrated in the accredited Ius Commune and Human Rights Research Schools. Major research areas are: comparative (private, public and criminal) law, international and European law and human rights. Academic interaction is further stimulated in research institutes such as the Centre for Human Rights, the Montesquieu Institute, the IGIR Institute for Globalization and International Regulation, the Maastricht Forensic Institute and in the Graduate School of Law. More than 50 PhD researchers participate in the Graduate School of Law, half of whom are foreign nationals. For further details on the faculty and the research conducted see: www.maastrichtuniversity/law and www.law.unimaas.nl/graduateschooloflaw Salary and Benefits for both Positions Researchers will be appointed on a full-time (38 hours per week) fixed term contract for a period three years, including a six-month internship at an organisation that is an associated partner in the DREAM Network. The recruited researchers will be Marie Curie Fellows and will profit from all Marie Curie benefits, including travel, living, mobility and career exploratory allowances. Monthly salary: € 2.042, gross per month in the first year, rising to € 2.492, gross per month in the third year. For more information on the general terms of employment at Maastricht University, visit http://www.maastrichtuniversity.nl/ and select “prospective employees”. Applications should include: - clear indication of the position or positions applicant is applying for. - motivation letter. - Curriculum Vitae. - certified transcripts of results of Masters’ degree in law. - two recent reference letters sent directly by the referees via mail. - all non-native English speakers must pass the academic IELTS (minimum score: 7.5) or TOEFL internet-based (minimum score: 113) tests. - in addition, all applicants must submit a first draft of a research proposal for the Ph.D. they are applying for as outlined in this job announcement. The proposal must be submitted on the form attached to this announcement. The successful applicants are expected to refine the research proposal, in consultation with their future academic supervisors at Maastricht University, prior to taking up their positions. Formal applications should be sent to the DREAM Initial Training Network consortium at dream@nuigalway.ie (not to Maastricht University). Any personal information or evidence submitted may be shared with members of the DREAM Supervisory Board as well as with Maastricht University. Closing date: Friday 31 March 2011 Interviews will be scheduled for end April in Maastricht, and successful applicants are expected to commence employment on or around 1 September 2011. Details of the application process and more information about the DREAM ITN is available at: www.nuigalway.ie/dream or can be obtained by emailing dream@nuigalway.ie Final decisions regarding appointment will be taken by Maastricht University, in consultation with the DREAM Supervisory Board. DREAM Network partners including Maastricht University welcome and encourage applications from qualified individuals with a disability and women. Additional Nationality and Mobility Requirements: Marie Curie Early Stage Researchers are required to undertake trans-national mobility (i.e. move from one country to another) when taking up an appointment. At the time of selection, researchers must not have resided or carried out their main activity (e.g. work, study etc.) in the Netherlands for more than 12 months in the last 3 years. As an exception to the general rule, a researcher holding the Dutch nationality will only be eligible if s/he can provide evidence testifying that s/he has legally resided and had his/her main activity outside the EU / EEA for at least three years between 1 September 2007 and 31 August 2011. Potential candidates who have doubts as to their eligibility, and all potential candidates who have the Dutch nationality and believe they meet the above mentioned criteria, should contact dream@nuigalway.ie to determine their eligibility before applying. Applicants must meet the Marie Curie definition of an early stage researcher, meaning that they have not yet been awarded a doctorate degree and are in the first 4 years (fulltime equivalent) of their research careers. This includes the period of research training, starting at the date of obtaining the degree that would formally entitle them to embark on a doctorate. Therefore, an individual who was awarded a masters degree on or after 1 September 2007 is eligible to apply. Other potential candidates who think they may be eligible should contact dream@nuigalway.ie to confirm eligibility before applying. Additional Information: If applicants require addition information regarding these two vacancies, they can contact Prof. Lisa Waddington. Email: lisa.waddington@maastrichtuniversity.nl