1. Promoting Equality and Non-Discrimination for Persons with Disabilities ____________________________________________
Report written by Professor Lisa Waddington and Dr. Andrea Broderick, Maastricht University

2. Introduction
The UN CRPD and the Council of Europe Disability Strategy address equality and equalisation of opportunities for persons with disabilities
Article 5 CPRD requires States to adopt positive measures to ensure equality across the substantive rights in the Convention
The Council of Europe Disability Strategy aims at guiding and supporting the activities of Council of Europe member States in their implementation of the CRPD and Council of Europe standards regarding disability

3. Structure of presentation
Outline of the structure and content of the report
The CRPD and non-discrimination legislation:
Scope of legislation
Forms of disability-based discrimination
The duty to reasonably accommodate
Mechanisms to support victims of discrimination
Monitoring and data collection
Overview of initiatives and good practice in the context of employment

4. Outline of the structure and content of the report
Section I: Obligations contained in Article 5 CRPD with respect to guaranteeing equality and non-discrimination for persons with disabilities
Section II: Non-discrimination legislation, employment initiatives and education; paying particular attention to the duty to reasonably accommodate
Section III: A recommended set of measures (checklist) to assist States in implementing Article 5 CRPD in light of the Council of Europe Disability Strategy

5. Scope of non-discrimination legislation
Broad scope of CRPD
Prohibition of discrimination must be implemented in numerous fields
A wide range of individuals must be protected from disability discrimination
Definition of disability should be broad

6. Forms of disability-based discrimination
Denial of a reasonable accommodation
Direct discrimination
Indirect discrimination
Harassment
Instruction to discriminate
Discrimination by association
Multiple discrimination
Discrimination based on perceived or past disability

7. Reasonable accommodation duty & limitations
Article 5(3) CRPD: Reasonable accommodation is an individualised response to the particular needs of a disabled individual to ensure equal opportunities
Denial of a reasonable accommodation is a form of discrimination
Duty bearer is not required to provide an accommodation, where such accommodation would result in a disproportionate or undue burden

8. Reasonable accommodation duty
Establish the duty in national laws and policies and ensure compliance with the duty by public and private entities
Effective remedies should be in place so that persons with disabilities can obtain redress where a reasonable accommodation has been unfairly denied to them
Access to financial aid in order to support the provision of reasonable accommodations

9. Mechanisms to support victims of discrimination
Good Practice: Bulgaria
Protection Against Discrimination Commission (PADC), which is a specialised equality body with the task of promoting and enforcing non-discrimination on a variety of grounds, including disability

10. Monitoring: Collection of data and statistics
Good Practice: Italy
The Italian National Observatory of Disability has, as one of its tasks, the collection of statistical data on disability in line with Article 31 CRPD (in cooperation with the National Statistical Office, Istat)
Good Practice: Austria
In early 2014, the University of Vienna conducted an online survey to identify the level of diversity within the student body (performance agreement between the University of Vienna and the Federal State of Austria)

11. Article 27 CRPD: Employment
Prohibit discrimination on the basis of disability (including in recruitment procedures etc.)
Reasonable accommodation of the individual’s requirements
Promotion of employment opportunities and career advancement

12. Employment initiatives: Financial measures
Good Practice: Estonia
The Labour Market Services and Benefits Act provides for targeted support for unemployed disabled persons, including the adaptation of working premises and the provision of specialised equipment
The fund compensates the employer for between 50 and 100% of the cost of making the necessary adaptation

13. Employment initiatives: Non-financial measures
Good Practice: Italy 
A project entitled ‘Diversity at work’ (diversitalavoro) was launched in 2008 to create an opportunity for businesses to meet persons with disabilities, thus allowing for contact between employers and persons who often experience discrimination

14. THANK YOU FOR YOUR ATTENTION
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