Abstract
The UN Convention on the Rights of Persons with Disabilities (CRPD) explicitly embeds the concept of reasonable accommodation within the principle of non-discrimination. Article 2 of the CRPD unambiguously recognizes that reasonable accommodation is vital in enabling persons with disabilities to enjoy and exercise their rights on an equal basis with others. This article argues that in the ten years since its entry into force, the CRPD has stimulated a process of cross-fertilization. In particular, it contends that the CRPD has played a crucial role in the advancement of disability equality, and in the recognition of reasonable accommodation as a gateway to the equal enjoyment of all human rights within the European human rights system. By adopting a legal perspective and a traditional doctrinal approach, this article focuses on relevant European Court of Human Rights (ECtHR) case law. It shows the gradual adoption by the ECtHR of the concept of reasonable accommodation as an essential element to remove specific barriers or disadvantages to which a particular disabled individual would otherwise be subject. The primary emphasis of this short article is on the ECtHR case law and on the extent to which it has translated the CRPD and the work of the CRPD Committee into the European human rights system.
Highlights
The legal concept of “reasonable accommodation”1 first appeared in the United States
The European Court of Human Rights (ECtHR) held that discrimination on the grounds of disability under Article 14 European Convention of Human Rights (ECHR) encompasses the denial of reasonable accommodations as defined by Article 2 of the CRPD
In 2011, Brown and Lord argued that the CRPD and its complaint mechanism should rouse and stimulate “the somewhat sluggish development” of the concept of reasonable accommodation in the ECtHR and other regional systems (Brown & Lord, 2011, p. 273)
Summary
The legal concept of “reasonable accommodation” (or its synonym “reasonable adjustment”) first appeared in the United States. Favalli (2018) goes even further and argues that the ECtHR has recognized the core provisions of the CRPD as general principles of international law that must be complied with when applying and implementing the ECHR Against this background, this article contends that the ECtHR decisions in which the influence of the CRPD is most relevant and obvious concern the role of reasonable accommodation in ensuring equal rights for persons with disabilities. It endeavors to discuss the extent to which it has effectively translated the CRPD and the work of the CRPD Committee into the European human rights system In doing so, it tallies with previous research which argues that the CRPD has shed a light on the significance of reasonable accommodation as a primary tool to achieve disability equality across different jurisdictions (Brown & Lord, 2011; Ferri, 2017; Mégret & Msipa, 2014).
Sign-in/Register to view highlights & summary Sign-in/Register to access full text options 
Free) 
Talk to us
Join us for a 30 min session where you can share your feedback and ask us any queries you have
Schedule a call
