On Thursday 30 October, the European Union Agency for Fundamental Rights (FRA) and the European Court of Human Rights (ECHR) published a new joint factsheet on reasonable accommodation for persons with disabilities.
This document, which summarises the main rulings of the Court of Justice of the European Union (CJEU) and the ECHR in this area, follows on from a series of publications aimed at clarifying the interactions between European Union law and the European Convention on Human Rights.
Following on from topics such as mass surveillance and the right to be forgotten, this new publication - intended as a practical reference tool for legal practitioners and policy-makers alike - highlights the key role of reasonable accommodation in enabling persons with disabilities to participate fully in social, educational and professional life.
The concept of reasonable accommodation, defined by the United Nations Convention on the Rights of Persons with Disabilities (UNCRPD) - which came into force in 2008 (https://aeur.eu/f/j7h ) - refers to the necessary and appropriate modifications to enable persons with disabilities to enjoy their fundamental rights on an equal basis with other citizens, without imposing a disproportionate burden on the authorities or employers concerned.
The Court of Justice of the European Union (CJEU) and the ECHR have adopted this definition and consider that a refusal to accommodate constitutes, in this sense, a form of discrimination.
The factsheet points out that the principle of equality and non-discrimination is guaranteed by the Charter of Fundamental Rights (https://aeur.eu/f/j7j ) and the Employment Equality Directive (https://aeur.eu/f/j7i ), both adopted in 2000.
The CJEU thus ruled that the adaptation of a workstation, a reduction in working hours or reassignment to another position may constitute reasonable accommodation, provided that they do not represent a disproportionate burden for the employer.
In addition, the ECHR developed its case law in the areas of education, accessibility of public buildings and participation in political life.
In its view, the absence of appropriate measures may constitute a breach of the right to non-discrimination.
The Court notes, however, that practical implementation is a matter for the national authorities, who must ensure that they act with diligence and take account of the particular vulnerability of the persons concerned.
To see the factsheet: https://aeur.eu/f/j7m (Original version in French by Nithya Paquiry)