Disability rights in the UK post-Brexit Dr Anthony Valcke Supervising Solicitor, EU Rights Clinic 30/04/2019 Disability rights in the UK post-Brexit

EU legislation in force Article 19 TFEU Articles 21 & 26 EU Charter of Fundamental Rights Directive 2000/78 equal treatment in employment and occupation Rights of passengers with disabilities Regulation 1107/2006 on air travel Regulation 181/2011 on bus and coach transport Regulation 1371/2007 on rail transport Regulation 1177/2010 as regards sea and inland waterway 30/04/2019 Disability rights in the UK post-Brexit

Option 1 – The Norway model EU Charter does not apply Directive 2000/78 equal treatment in employment and occupation EEA Agreement, Annex XVIII (social policy) Rights of passengers with disabilities EEA Agreement, Annexes XIII (Transport) 30/04/2019 Disability rights in the UK post-Brexit

Option 2 – The Swiss Model EU Charter does not apply Directive 2000/78 does not apply Rights of passengers with disabilities Agreement between the European Community and the Swiss Confederation on Air Transport (1999), Article 18 and Annex Regulations relating to other means of transport not covered Swiss proposal to grant same level of protection under national law 30/04/2019 Disability rights in the UK post-Brexit

Option 3 - The Canada Model EU Charter does not apply Directive 2000/78 does not apply Rights of passengers with disabilities Canada not bound Limited application journey originates in EU ends in EU with EU-registered carrier 30/04/2019 Disability rights in the UK post-Brexit

Option 4 - The Turkey Model EU Charter does not apply Directive 2000/78 does not apply Rights of passengers with disabilities Turkey not bound Limited application journey originates in EU ends in EU with EU-registered carrier 30/04/2019 Disability rights in the UK post-Brexit

Disability rights in the UK post-Brexit Options compared Directive 2000/78 Rights of passengers with disabilities EU membership Norway Switzerland Canada, Turkey EU membership Norway Switzerland Canada, Turkey 30/04/2019 Disability rights in the UK post-Brexit

What happens in the event of no deal? Until UK withdraws from EU in March 2019(?) EU law continues to apply until Brexit day UK’s Equality Act must continue to meet the minimum standards of Directive 2000/78 UK courts must interpret the Equality Act in conformity with Directive 2000/78 and case law of the EU Court of Justice 30/04/2019 Disability rights in the UK post-Brexit

What happens in the event of no deal? After UK withdraws from EU in March 2019(?) EU law ceases to apply on Brexit day “Great Repeal Bill” Repeals European Communities Act 1972 Converts EU law into domestic law Parliament (?) will be able to amend or repeal EU instruments UK courts no longer bound to interpret the Equality Act in conformity with Directive 2000/78 and case law of the EU Court of Justice No references for preliminary rulings 30/04/2019 Disability rights in the UK post-Brexit

What happens in the event of no deal? UN Convention on the Rights of Persons with Disabilities European Convention of Human Rights 30/04/2019 Disability rights in the UK post-Brexit

Disability rights in the UK post-Brexit 30/04/2019 Disability rights in the UK post-Brexit