THE CHALLENGES AND
CONSEQUENCES OF
IMPLEMENTATION OF THE UN
CRPD FOR THE EUROPEAN
UNION, WITH A FOCUS ON
ACCESSIBILITY
By Stelios Charitakis
Main objective

The implications of the accession of the UNCRPD in the EU, on the ground of
accessibility. How this accession would affect the laws and policies of the EU?
Research questions
1.
2.
3.
4.
What is ‘accessibility’ in the context of UNCRPD?
What is the nature of the obligations generated by article 9 UN CRPD, in relation
to accessibility?
How these obligations will be implemented in EU law and policies?
Who should implement these obligations in the field of shared competences,
the Member States or the EU?
Methodology

Vienna Convention on the Law of the Treaties (VCLT)
1.
Literal Interpretation
2.
Historical Interpretation
3.
Systematic Interpretation
4.
Teleological Interpretation

The works of the UN Committee on the rights of persons with disabilities

UN General Comments and other instruments of the UN

Relevant legal doctrine

National legislation and case law
Methodology

Competences in specific fields-Inductive method (from the special to the general)
1.
EU legal instruments-Preamble and Content (special)
2.
Identify the reasons behind the adoption of the instrument
3.
Identify the reasons for the inclusion of the provision about accessibility
4.
Conclude the extend of the competence declared in each instrument related to
accessibility in each section
5.
Combine the competences of each instrument in each section separately and
discover the competence of each section (general)

Not exercised competences
1.
Barriers of persons with disabilities in each field
2.
Obligations of Article 9&2 UNCRPD
THANK YOU FOR YOUR ATTENTION
THE END