Delia Ferri

Reasonable accommodation for people with disabilities in Europe: from 'Transatlantic Borrowing' to 'Cross Fertilization'

  • Abstract

Informations and abstract

Keywords: Persons with Disabilities; Reasonable Accommodation; Equality; CRPD; European Convention on Human Rights; European Court of Human Rights; European Union; Employment Equality Directive; Court of Justice of the European Union.

This article discusses what reasonable accommodation means in the Convention on the Rights of Persons with Disabilities (CRPD) and exhibits how the CRPD has stimulated a process of cross-fertilization and cross-contamination in the European legal space. By analysing the Committee on the Rights of Persons with Disabilities jurisprudence, the European Social Committee decisions and Strasbourg and Luxembourg courts case law, it suggests that a gradual convergence around a broad concept of reasonable accommodation has occurred in Europe, though some inconsistencies remain. This article ultimately suggests that reasonable accommodation has become a gateway to equality for people with disabilities across European jurisdictions.

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