Article 27 of the CRPD and the Right of Inclusive Employment of People with Autism

Abstract

The protection of the rights to work of persons with disabilities is since long a challenge for international community. However, it is only with Article 27 of the United Nations Convention on the Rights of Persons with Disabilities that a coherent and complete protection of persons with disabilities in the employment sphere has been foreseen. The present paper addresses this issue with the aim of highlighting both the obligations stemming for States Parties and the obligations stemming for EU Countries, in particular after the accession to the Convention by the latter. The paper, indeed, analyses the pivotal impact that the UN Convention has exercised on the EU rules applicable to the protection of the right to work of persons with disabilities, especially on those fixed in the 2000/78/EC Employment Equality Directive. The paper, hence, addresses the judicial enlargement provided by the Luxemburg Court as far as the notions of ‘disability’ and of ‘reasonable accommodation’ with the goal of aligning EU law with the UN Convention. Finally, the implementation of such provisions within main EU legal systems is also reviewed. These keywords were added by machine and not by the authors. This process is experimental and the keywords may be updated as the learning algorithm improves.

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