Prohibition of discrimination on grounds of disability in the light of the European right to education of children
DOI:
https://doi.org/10.12775/30037Keywords
non-discrimination, disability, human rights, access to the general education systemAbstract
The concept of "education" necessarily implies "access" to education, and the possible separation of these co-existing and interdependent concepts would deprive European regulations of the goal of combating discrimination in education. The sources of the principle of non-discrimination in the European Union can be found in the common constitutional traditions of the Member States, as well as in universal human rights – in particular in the European Convention for the Protection of Human Rights and Fundamental Freedoms and in EU law itself. This right has been also protected in The Charter of The Fundamental Rights of EU. However, directive 2000/78/EC protects against discrimination on grounds of disability only in the field of employment. It does not include access to education. The UN Convention on the Rights of Persons with Disabilities dated in 2006 includes the right to education for children with disabilities and requires implementation of reasonable accommodation for all. It is based on the right to full participation in society as a human right. High-quality education is a prerequisite for successful integration into society. The purpose of education is proper preparation for employment. Therefore, the protection of the right of access to education for children with disabilities should not be inferior to the protection of people with disabilities in the field of employment.
References
Błaszczak-Banasiak, A., Director of Equality Departament in Polish Ombudsman Office, Polish Scientific Conference, In Varietate Concordia: Challenges of European Law, (2019), Collegium Iuridicum II WPiA UW, Warsaw, Poland
Favalli, S. and Ferri, D., “Defining disability in EU non-discrimination legislation: Judicial activism and legislative restraints”, 22 EPL (2016)
Goldschmidt J. E., Reasonable accommodation in EU equality law in a broader perspective, ERA Forum (2007)
Hendricks, A. C., “The UN Disability Convention and (multiple) discrimination: Should EU non-discrimination law be modelled accordingly?”, 2 European Yearbook of Disability Law (2010)
Hosking, D. L., “Fat rights claim rebuffed”, 44 Industrial Law Journal (2015)
Lawson A., Disability and Equality Law in Britain: The Role of Reasonable Adjustments.
Oxford, Hart Publishing (2008)
McTique, P., “From Navas to Kaltoft: The European Court of Justice’s evolving definition of disability and the implications for HIV-positive individuals”, 16 International Journal of Discrimination and the Law (2015)
Schiek, D., “EU non-discrimination law & policy: Gender in the maze of multidimensional equalities”, in Hohmann-Dennhardt, Koerner and Zimmer (Eds.), Geschlechtergerechtigkeit, (Nomos, 2010)
Schiek D., Intersectionality and the notion of disability in EU discrimination law, Common Market Law Review 53 (2016)
Verloo, M., “Intersectional and cross-movement politics and policies: Reflections on current practices and debates”, 38 Signs: Journal of Women in Culture and Society (2013)
Waddington L., case note on Case C-13/05 Chacón Navas, 44 CML Rev. (2007)
Waddington L., Hendriks A., The Expanding Concept of Employment Discrimination in Europe: From Direct and Indirect Discrimination to Reasonable Accommodation Discrimination. The International Journal of Comparative Labour Law and Industrial Relations, Volume 1 8, Issue 4 (2002)
Waddington L., Implementing and Interpreting the Reasonable Accommodation Provision of the Framework Employment Directive: Learning from Experience and Achieving Best Practice (2004)
Waddingtom L, Hendriks A., The Expanding Concept of Employment Discrimination in
Europe: From Direct and Indirect Discrimination to Reasonable Accommodation Discrimination. The International Journal of Comparative Labour Law and Industrial Relations, Volume 1 8, Issue 4 (2002)
Waddington L., Implementing and Interpreting the Reasonable Accommodation Provision of the Framework Employment Directive: Learning from Experience and Achieving Best Practice (2004)
Waddington L., Lawson A., Disability and non-discrimination law in the European Union, An analysis of disability discrimination law within and beyond the employment field. European Commission, Directorate-General for Employment, Social affairs and Equal Opportunities, Unit G.2, Brussels (2009)
Wróblewski M., (red.), Karta Praw Podstawowych Unii Europejskiej jako żywy instrument, INPRIS, Ośrodek Badań Studiów i Legislacji, Warszawa (2014)
UN Convention on the Rights of Persons with Disabilities, UN Doc. A/RES/61/611, 13 December 2006
Downloads
Published
How to Cite
Issue
Section
Stats
Number of views and downloads: 486
Number of citations: 0