This post is cross-posted on the European Law Blog.
Yesterday, the Court of Justice of the European Union handed down its decision in the joined cases of Ring and Skouboe Werge (see judgment here). This ruling is particularly significant as it represents the first decision on the definition of disability under the Framework Directive on Employment 2000/78 since the EU concluded the UN Convention on the Rights of Persons with Disabilities (CRPD) in 2010. In essence, the Court moved away from the restrictive definition it adopted Chacón Navas, and instead interpreted the Framework Directive in light of Article 1 CRPD, which states that
“persons with disabilities include those who have long-term physical, mental, intellectual or sensory impairments which in interaction with various barriers may hinder their full and effective participation in society on an equal basis with others.”
Continue reading “New Decision on Disability Discrimination from the Court of Justice of the European Union”
At a workshop on the rights of persons with disabilities with national human rights structures (ombudsman offices and national human rights institutions) in the Council of Europe in Kiev in May, two cases currently pending before the European Court of Human Rights were brought to my attention. The first case, Gauer v France, relates to the sterilisation of young women with disabilities, and the second case, RP v UK, concerns the removal of a child with physical disabilities from the care of its mother (a young woman with intellectual disability) without her consent to the adoption of the child. Continue reading “Disability cases pending before the European Court of Human Rights”