FLAC TCD - Disability Rights

Page 52

Introduction There are multiple identifiable needs and issues which concern persons with disabilities on a global scale. Throughout Europe it is estimated that 80 million people are living with disabilities.143 Therefore, the necessity of international co-operation to create a universal framework to uphold and enforce rights obligations towards persons with disabilities cannot be understated. The United Nations Convention on the Rights of Persons with Disabilities attempts to realise these rights and places a particular emphasis on tackling the issues of nondiscrimination, under Article 5, and encouraging improved accessibility, under Article 9. These will allow affected individuals to enjoy their human rights at the fullest capacity. The European Union and many of its member states are party to this convention. As a result, they are committed to implementing a legislative framework which will create measures which will limit and eradicate barriers faced by people with disabilities across the European Union. This chapter will examine two recent directives of the European Union which attempt to tackle issues related to persons with disabilities and their subsequent implementation and impact on people living with disabilities in Ireland.

I.

The European Accessibility Act

Overview of the European Accessibility Act Following three years of legislative and interinstitutional negotiations, the European Accessibility Act was adopted by the European Union on the 9th of April 2019. The Act attempts to regulate and set accessibility requirements to assist persons with disabilities in the private sector with regards to products and services.144 The framework of the EAA is intended to assist the realisation of the CRPD, which as noted in the Act is binding and therefore it is necessary to ensure its development by adopting ‘concrete, enforceable and timebound benchmarks for monitoring the gradual implementation of accessibility.’145 The EAA is structured to harmonise with prior successful directives regarding 143

European Commission, 'European Accessibility Act' (Ec.europa.eu, 2021) <https://ec.europa.eu/social/main.jsp?catId=1202> accessed 17 November 2021. 144 Council Directive 2019/882 of 17 April 2019 on the accessibility requirements for products and services, [2019] OJ L151/70. 145 Council Directive 2019/882 of 17 April 2019 on the accessibility requirements for products and services, [2019] OJ L151/70.

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Scope and limitations of the Act

12min
pages 124-130

Overview of the Act

1min
page 120

Changes implemented by the Act

5min
pages 121-123

Changes introduced by the Act

10min
pages 113-119

Wardship in Ireland

5min
pages 110-112

Future Directions and Recommendations for Reform

9min
pages 104-109

International Comparative: Legal Models for Workplace Inclusion

7min
pages 93-97

Overview of Irish Social Welfare Supports

9min
pages 98-102

Ireland’s comprehensive Employment Strategy for People with Disabilities

10min
pages 87-92

disabilities

4min
pages 82-85

Primary legislative and policy context for persons with disabilities and employment in Ireland

1min
page 86

Educational Needs Assessments and Curriculum Design Case-study: School closure during Covid 19 and the rights of children with

8min
pages 78-81

The Irish Probation Service

3min
pages 70-72

The right to an ‘appropriate’ education under Irish law

2min
page 73

The Criminal Trial of Persons with Disabilities

5min
pages 65-67

The Employment Equality Directive

11min
pages 57-64

Framework in Response to the UNCRPD

9min
pages 46-51

The Irish Prison Service

4min
pages 68-69

The European Accessibility Act

8min
pages 52-56

United Nations Convention on the Rights of Persons with Disabilities A Critical Commentary on the Evolution of Ireland’s Legal and Policy

6min
pages 43-45

The right to political participation for persons with disabilities

2min
page 26

Case Study: ‘Invisible’ Disabilities

6min
pages 21-25

Differing Models of Disability

3min
pages 15-16

The European Convention on Human Rights and The Protection of Persons with Disabilities

6min
pages 40-42

Page

9min
pages 6-14

Denmark and Rosenlind v Denmark

8min
pages 34-39

Progress in lifting administrative and legal barriers in political participation for persons with disabilities Analysing the European Court of Human Rights Decisions in Strøbye v

13min
pages 27-33

Defining Disability in Irish Law

7min
pages 17-20
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