"This book analyses the impact of the UN Convention on the Rights of Persons with Disabilities (CRPD) on EU non-discrimination law and governance. The CRPD places the protection of persons with disabilities at the heart of international human rights law. The Convention is the first human rights treaty open for signatures by regional organisations, and the European Union favourably acceded to it in December 2010. Ten years after this historic event, this book explores whether the theory has been put into practice, and examines the effects of the CRPD on EU non-discrimination law and governance. This book brings together the practices of the European Court of Justice (CJEU) with regard to disability discrimination to show whether the CRPD is living up to its full potential to substantially improve the protection of the rights of persons with disabilities in the EU. It examines whether the judicial interpretation of the Directive 2000/78/EC, establishing a general framework for equal treatment in employment and occupation, does or does not comply with the new legal background delineated by the CRPD. In addition, it investigates whether the governance mechanisms underlying the EU Framework for promoting, protecting and monitoring the CRPD are effectively fostering the implementation of the CRPD and the role of civil society. The prohibition of discrimination on grounds of disability has undergone substantial changes and developments since it was first introduced under international and EU law. This book highlights the main changes to disability discrimination which have occurred in the EU legal order in the last ten years. The book will be of interest to academics, law students and legal practitioners working in the field of EU non-discrimination and equality law"--

1. Introducing the CRPD: A New Approach to Equality and Non-Discrimination?I. Introductory RemarksII. Equality and Non-Discrimination: A New Approach for Disability RightsIII. The Complex and Intriguing Evolution of the Right to Equality in International LawA. The Controversial 'Sameness' ModelB. Embracing the Symmetrical Approach at International LevelC. Is the Formal Approach Adequate to Combat Discrimination?D. Beyond Differences: Time to Recognise Social Barriers and Positive DutiesE. The Prohibition of Discrimination under the CRPD: A New Inclusive ModelF. Defining the Concept of Multiple and Intersectional DiscriminationIV. The CRPD's Model of Disability: From a Social Construct Towards a Human Rights ApproachV. Reconceptualising the Human Rights DichotomyA. Disability Rights are Universal and Indivisible: Do Civil and Political Rights also Demand Economic Resources?B. Disability Rights as (Quasi)-Justiciable Rights2. The New Role for Civil Society under the CRPDI. The Rise of Civil Society in Global GovernanceA. Participatory Democracy and Global GovernanceB. Opening Up the Decision-Making ProcessC. Ensuring Transparent ProceduresII. Mainstreaming Disability in the International AgendaA. 'Nothing about us without us': A Commitment to Participatory DemocracyIII. Civil Society's Role in Implementing the CRPD at National LevelA. Institutionalising Civil SocietyB. Awareness-Raising: A Synergetic Action between States Parties and NGOsIV. Participatory Democracy in the EU: From the White Paper to the Lisbon TreatyA. The Inclusive Process of the EUCFR's Adoption: The 'Convention' MethodB. How to Improve EU Participatory Democracy? The Good Practice of the CRPD3. Ten Years aft er EU Accession to the CRPD: From Theory to RealityI. An Overview of the Prohibition of Discrimination under EU LawA. The EU Charter of Fundamental RightsB. The Convention for the Protection of Human Rights and Fundamental FreedomsII. Disability Rights in the EUIII. The EU Anti-Discrimination Framework: Directive 2000/78/ECA. Exploring the Meaning of Direct DiscriminationB. Introducing the Concept of Indirect DiscriminationC. Reasonable Accommodation: The Paramount ObligationIV. Filling in the Gap: The Evolving Concept of DisabilityA. The EU Approach to DisabilityB. An Intriguing Evolution: The Case of Ring and Skouboe WergeC. Obesity and Disability: The Case of Kaltoft v Municipality of BillundD. The Case of Daouidi: Clarifying the Long-Term Nature of the ImpairmentE. Absence from Work on Grounds of Sickness: The Case of Ruiz ConejeroF. Defining Disability beyond the Labour Market: The Case of GlatzelG. Is the CJEU Still a Real Promoter of Disability Rights?4. The EU Legal Framework: Associative and Intersectional DiscriminationI. Discrimination by Association on Grounds of DisabilityA. The Coleman Case: Factual BackgroundB. The Advocate General's OpinionC. Analysis of the Judgment: Who Falls under the Protection of Discrimination by Association?D. The Controversial Nature of Reasonable AccommodationE. Concluding Remarks: A Shift Towards Substantive EqualityII. Why Does Multiple and Intersectional Discrimination Matter?III. The Odar Case: Disability and Age DiscriminationIV. Surjit Singh Bedi v Bundesrepublik Deutschland: Collective Agreement and Intersectional DiscriminationV. The Case of Z v A Government Department: Gender and DisabilityA. The Court's FindingsB. How to Deal with Multiple and Intersectional Discrimination under EU LawC. The Failure to Apply the Human Rights Model of DisabilityD. The Complex Interplay between International Law and EU LawE. The Incongruous CJEU Reasoning: Time for a Change5. EU Governance and the Framework for Monitoring the CRPDI. Ratifying and Implementing the UN Convention: Winners and Losers in the EU Institutional GameII. The Negotiations of the CRPD and the EUA. The Commission's Contribution to the Drafting of the CRPDB. Ensuring Coordination between Various EU ActorsC. The Commission and the Union's External Policy RepresentationIII. Monitoring the CRPD's Implementation: New Governance MechanismsA. The Experimentalist ParadigmB. The Open Method of Coordination (OMC)C. The Focal PointD. Coordination Mechanism between the EU and the Member StatesIV. The EU Framework for Promoting, Protecting and Monitoring the CRPDA. The Commission's Experimentalist ApproachB. The European Parliament and the Protection of Disability RightsC. The European OmbudsmanD. The Monitoring Role of the EU Agency for Fundamental RightsE. The EDF's Challenge to Open Up the EU Decision-Making ProcessF. Focal Point and Coordination Mechanism: Innovative or Inefficient Practices?V. Light and Shadow in the EU Independent FrameworkA. The Commission's Withdrawal from the Framework: What Next?B. Is the European Parliament Marginalised?C. Is the OMC Appropriate?6. Conclusion: Time to Unleash the CRPD's Full PotentialI. The EU Legal Framework: Main FindingsA. The Definition of Disability: A Missed OpportunityB. The Legal Gaps in Addressing Multiple and Intersectional DiscriminationC. Indirect Discrimination and Reasonable Accommodation: Towards a Better Judicial Interpretation?D. The Inclusive Equality Paradigm under the CRPDE. The Complicated Relationship between the CRPD and the EU Legal SystemF. Key Recommendations for Improving the Interpretation of EU Equality NormsII. EU Governance: Main FindingsA. The Importance of Reforming the EU Independent FrameworkB. Key Recommendations for Improving EU Governance MechanismsC. Good Governance and Participatory Democracy: The CPRD's Positive PracticeIII. Time to Unleash the CRPD's Full Potential