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Dutch legislation has prohibited disability discrimination with regard to post-secondary education since 2003, when the Equal Treatment of Disabled and Chronically Ill People Act came into force. The Act prohibits disability discrimination with regard to, inter alia, further and higher education. The Netherlands Institute for Human Rights (NIHR) plays an important role in interpreting and applying all Dutch equality legislation. It has a quasi-judicial task and, in this capacity, hears individual complaints and issues Opinions. The NIHR, and its predecessor, the Equal Treatment Commission, have issued numerous Opinions in the context of post-secondary education and (alleged) disability discrimination. For this reason, the Netherlands has been selected for a case study on disability discrimination in post-secondary education. This article examines 70 Opinions in this area and explores: whether individuals with particular forms of disabilities or chronic illnesses are over-represented in the cases brought; the main areas in which cases (alleging) disability discrimination in the context of post- secondary education have arisen; and the types of (alleged) discrimination which are at issue. [ABSTRACT FROM AUTHOR]

This paper addresses the challenges of building capacity for collaborative participatory research with disabled people's organisations in European countries. The paper presents initial findings from the project "European Research Agendas for Disability Equality" (EuRADE), which seeks to build the capacity of civil society organisations to participate in future research collaborations in partnership with academic institutions. The findings draw on survey data identifying the research capacity, needs and priorities of 68 organisations in 25 countries and focuses, in particular, on responses from national or European level representative organisations of disabled people. The findings demonstrate a high degree of motivation and readiness for collaboration in academic research but raise concerns about the readiness of academic institutions to engage disabled people as equal partners within social model and rights-based approaches. Respondent organisations identified a wide range of research needs that raise challenges for collaborative responses from the academic community. In this way, the findings provide a basis for developing user-led agendas for European funded research within the emancipatory paradigm, and identify important opportunities for new international research collaborations between activists and academics. (Contains 1 note.)

This article explores the understanding and use of the concept of vulnerability in European Union (EU) law, with a particular focus on the fields of criminal law and consumer protection law It draws on Fineman's understanding of vulnerability as a universal phenomenon, and considers the scopefor, and policy implications of, incorporating (further) such an approach within these fields of law The article reveals that there is no common understanding of the concept of vulnerability in the fields of EU criminal law and consumer protection law, and there is a lack of overall coherence across these two fields cf law. In fact, a common understanding is not even necessarilyfound within single jields. The purposes served by highlighting -vulnerable" groups and individuals in legislation dilfers, and references to "vulnerability" result in astrongerfocus on the need for individualised assessments, and tailored measitres, in EU criminal law than is the case for EU consumer protection law. Indeed, the provisions addressing "vulnerable" consumers are particularly brief and provide very little extra protection. However, both fields of EU law also reveal evidence of a universal approach to vulnerability being taken with regard to communication and information provision, which should be tailored to individual needs and abilities. [ABSTRACT FROM AUTHOR]

This article seeks to explore the concept of the "vulnerable" consumer and to reflect on how EU law protects, or fails to protect, such consumers. It first examines key EU consumer protection instruments to establish how they address the position of "vulnerable" consumers, before proceeding to review relevant case law of the Court of Justice on this issue. The article then examines in more detail the concept of "vulnerability" with regard to consumers, and considers the many different causes of vulnerability. This is linked to a discussion of the related concept of "average" consumers. The third part of the article reflects on how EU law could better provide protection to disadvantaged or "one size fits all" category of "vulnerability" found in EU law is inadequate to provide protection for the many different kinds of disadvantaged consumers who can fall under the general category of "vulnerable", and that more targeted measures, and a recognition of the diversity of all consumers, would provide greater levels of protection. [ABSTRACT FROM AUTHOR]

The article offers a quest for conceptual clarity over the boundaries of positive action, an element of European Union (EU) anti-discrimination legislation. It presents an overview of the provisions on positive action within EU anti-discrimination Directives. It explores dimensions of understanding of what positive action is. In particular, it examines terminology, temporality and proportionality, reasonable accommodation, positive duties, and general policies to promote social inclusion.

This article is based on a large-scale European Commission project on international perspectives on positive action measures. The paper presents an analysis of the perceptions of positive action held by respondents from all the countries participating in an international survey, focussing specifically upon differences across equality grounds, sector and organisation type. This paper will also provide examples of positive action being applied in European and non-European countries that participated in the study. The study adopted extensive literate and online survey to obtain data from designers of positive action. Findings are discussed, conclusions drawn and wide-ranging recommendations are made at the European Commission, individual countries and organisational levels. [ABSTRACT FROM AUTHOR]

Positive action is a highly contested concept and its meaning varies across states. Law plays a key role in shaping the boundaries of positive action. This paper presents the findings of a comparative study of law and positive action both inside and outside the European Union. It sets out the approach to positive action within European Community (EC) law and, based on that, constructs a legal definition of positive action. It then turns to consider practice at domestic level and uncovers a broad diversity of approaches. The non-EU comparator countries (USA, Canada and South Africa) have been more willing to impose obligations on public and private bodies to engage in positive action than have been the EU Member States considered in this study. Notwithstanding the constraints deriving from EC legislation on positive action measures, there is some evidence of a trend towards duties to take positive action emerging within the EU Member States. [ABSTRACT FROM AUTHOR]

Around the world, inequalities exist around boundaries of race, social class, gender, disability, religious beliefs and sexual orientation, often resulting from past and current discriminatory practices. Governments have taken certain measures, including enacting policies such as positive action, to remedy such discrimination. This paper provides a comparative analysis of perceptions of the impact of positive action in seven EU and three non-EU countries. The study adopted participatory methods including consensus workshops, interviews and policy analysis to obtain data from designers of positive action. Findings are discussed, conclusions drawn and wide-ranging recommendations are made at the EC, individual countries and organisational levels. [ABSTRACT FROM AUTHOR]

This paper highlights some of the methodological challenges which have arisen in collecting data for an international study on positive action measures. It will describe strategies employed to encourage participation in the study from as wide a range of organisations and individuals using a mixed method approach. The paper will also discuss the methodological and sensitive issues related to this type of research in organisations and strategies adopted by the research team to ameliorate any problems that have arisen whilst maintaining trustworthiness and rigour in the study. [ABSTRACT FROM AUTHOR]

Individuals with a disability who wish to use goods and services can have a variety of specific needs, ranging from accessible written information to standard products and services which have disability accessibility features built into them. In light thereof, this article focuses on the impact which Community law has had, and could potentially have, on ensuring an EU-wide market in products and services which are accessible to consumers with a disability. The article examines the (possible) impact of a variety of provisions, including the rules relating to the free movement of goods and services (Articles 28 and 49 EC, respectively), the internal market (Articles 94 and 95 EC), non-discrimination (Article 13 EC), EU citizenship provisions, and the work of the European standardisation bodies such as CEN. The central question throughout the article is does EC law allow for, or discourage, the establishment of mandatory disability accessibility standards at the national or EU level, and have the provisions been used to permit or establish such standards to date? [ABSTRACT FROM AUTHOR]

The article discusses a court case that concerns the question of whether European Commission (EC) non-discrimination law prohibits discrimination against an individual on the grounds that they associate with a disabled person. The facts which gave rise to the dispute in the main proceedings, the opinion of European Court of Justice Advocate General Poiares Maduro and the judgment of the court are detailed.

The article discusses the case Chacón Navas v. Eurest Colectividades SA which involved the European Court of Justice (ECJ) ruling on the Employment Equality Directive concerning disability or illness. In the case, Navas sued his former employer for violation of the Employment Equality Directive when he was dismissed after a period of absence resulting from his being sick. The ECJ ruled that sickness cannot be added to the list of grounds covered by the directive.

The article focuses on the Green Paper, Equality and Non-Discrimination in an Enlarged European Union of European Community (EC) Treaty in the European Commission in Europe. It notes that the paper has two objectives including the analyses of European Union's (EU) efforts to combat discrimination and to promote equal treatment. It is divided in three sections, which assess the EC achievements in the implementation of non-discrimination policy.

The article discusses Article 13 EC, the new general non-discrimination clause established under the Amsterdam Treaty. A Council directive establishing a general framework directive for equal treatment in employment and occupation was introduced by the European Commission as it followed the horizontal approach of the Article. The article also discusses disability and a new form of discrimination and religion and belief.

Article 13 EC, the new general non-discrimination article, gives the Community the competence to adopt measures to combat discrimination on the grounds of sex, racial or ethnic origin, religion or belief, disability, age or sexual orientation. In this paper the likely impact of the new provision is considered. The potential for the adoption of instruments based on Article 13, as well as the Article's possible effect on legislation and policy based on other Treaty articles and the case law of the Court of Justice is examined. It is argued that Article 13 is not only likely to prompt Commission proposals for concrete non-discrimination measures but also, perhaps more significantly, exert more subtle influences on Community policy by, for example, allowing greater scope for the inclusion of equal opportunity clauses and 'mainstreaming' in Community instruments, and encouraging an expansion of the general principle of equality recognised by the Court. [ABSTRACT FROM PUBLISHER]

Disabled citizens are overlooked and ignored in the Treaty on European Union and as a result the European Community has limited competences to address disability related issues, and specifically disability discrimination. This article argues that this situation needs to be remedied at the present Inter Governmental Conference, which is being held to review the Treaty. There are sound justifications, based on political, economic and social grounds, for extending the competences of the Community in this way. Disability discrimination results in many disabled citizens being unable to fully exercise the rights conferred on them by Community law, such as the right to free movement and the right to vote: furthermore, European economies are suffering as disability discrimination artificially restricts the contribution which disabled citizens could make as both consumers and workers; and, lastly disability discrimination is leading to poverty and social exclusion throughout the European Union today. [ABSTRACT FROM AUTHOR]

The article offers information on the preparation of Intergovernmental Conference (IGC) which was held in the year 1996. It mentions that a summit of European Council has confirmed that a Reflection Group should be unite in advance of the IGC for analyzing and elaborating the ideas associated with the provisions of the Treaty on European Union.