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The European Union

Brexit

See Brexit and the Equality Act 2010.

Framework Employment Directive

This is currently the key European directive obliging member states to enact anti-discrimination legislation for disabled people. The directive covers employment and related areas. The UK had to amend its disability discrimination rules to comply with the directive. The directive is also of ongoing importance in the effect it is having on how the courts interpret and apply British legislation, now the Equality Act 2010.

In the 2010 case of Kücükdeveci on age discrimination - but presumably the same applies to disability - the European Court said it was applying European primary law rather than the Framework Employment Directive as such. The Court said that the Framework Employment Directive gives expression to a general principle of European Union law on non-discrimination, rather than itself laying down the principle of equal treatment in the field of employment and occupation.

More: Framework Employment Directive.

Proposals for wider measures on accessibility

There are two proposals for measures to cover discrimination beyond the workplace:

European Accessibility Act

In December 2011 the European Commission issued a Public consultation with a view to a European Accessibility Act (link to ec.europa.eu). There is also a Press Release. The consultation was open until 29th February 2012.

"The consultation will help the Commission to prepare its proposals for a European Accessibility Act, planned for autumn 2012." The aim is to further the accessibility of goods and services, particularly for disabled people.

The European Disability Forum is arguing for a legally binding directive which "would clearly establish the requirement of accessibility on the covered sectors, but leave Member states sufficient freedom to take account of particular national circumstances..."

New services directive proposed

In July 2008 the European Commission adopted a proposal for a new directive covering discrimination beyond the workplace, where the discrimination is based on disability or various other grounds. If it ever becomes law, the proposed directive would apply to provision of goods and services. More: Proposals for a new non-discrimination directive.

Charter of Fundamental Rights

This Charter affirms fundamental rights of EU law, and contains some express provisions on disability. It has legal effect, but its importance as regards discrimination law has yet to be determined. See EU Charter of Fundamental Rights.

The background: European Union Treaty

The 1997 Treaty of Amsterdam introduced an express basis for EU legislation to combat disability discrimination. This is now in Article 19(1) of the Treaty on the functioning of the European Union (pdf, link to europa.eu). Before December 2009, when the Lisbon Treaty came into force, it was Article 13 of the 'Treaty establishing the European Community'. The current Article 19(1) reads:

Without prejudice to the other provisions of the Treaties and within the limits of the powers conferred by them upon the Union, the Council, acting unanimously in accordance with a special legislative procedure and after obtaining the consent of the European Parliament, may take appropriate action to combat discrimination based on sex, racial or ethnic origin, religion or belief, disability, age or sexual orientation.

Article 19(1) does not prohibit discrimination (though it seems there is a general principle of European law which prohibits it: Kücükdeveci, 2010). Rather, Article 19(1) provides authority for the European Union to pass legislation to combat discrimination, in areas where the Union has competence. The Union has used Article 19(1) (it was then 'Article 13') to pass the Framework Employment Directive, which is currently the key directive obliging member states to enact anti-discrimination legislation for disabled people.

As well as the authority in Article 19, Article 10 of the Treaty requires the EU to combat discrimination based on disability when defining and implementing its policies and activities.

United Nations Convention

In December 2010 the EU became a party to the UN Convention on the Rights of Persons with Disabilities (UNCRPD).

The European Disability Strategy 2010-2020 (pdf, external link) defines EU mechanisms to implement this Convention, which will supplement national action.

Council of Europe

The Council of Europe is distinct from the European Union. It is responsible for the European Convention on Human Rights and European Social Charter.

Other measures

There are other EU measures aimed at combatting discrimination, including disability discrimination. For example, there is

See also under Further information below.

Further information

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© Allan Tyrer 2000-2012
Last updated 6th October, 2012