Chapter 6 argues that in interpreting the right to legal capacity ‘on an equal basis with others’, a substantive notion of inclusive equality must be applied. In doing so, it applies but also critiques General Comment No 6: On Equality and Non-Discrimination, published by the United Nations Committee on the Rights of Persons with Disabilities. Inclusive equality demands recognition of the difference of impairment and associated disadvantages. Once difference is acknowledged, either supported decision-making or decision-making by substitutes may be required to recognise an adult’s legal capacity ‘on an equal basis with others’ and to promote inclusion. This chapter draws on existing commentary explaining the ‘hybrid’ nature of the right to equality in bridging both socio-economic and civil and political rights and driving the principle of indivisibility.

Chapter 3 starts with a history of disability discrimination in the workplace and beyond, leading up to the current protections we now have—most notably, the Americans with Disabilities Act (ADA). The chapter then turns to the difficulty of defining and conceptualizing disability, both legally and normatively. Courts, legislatures, scholars, and society in general do not agree on how broadly or narrowly to define disability. This chapter then discusses one of the primary reasons courts and employers have leaned toward a narrow definition of disability—the reasonable accommodation mandate in the ADA. I will first provide a conceptual analysis and defense of the accommodation obligation before turning to the law surrounding the reasonable accommodation provision of the ADA, including the employer’s defense to the accommodation mandate—the undue hardship provision.

The chapter identifies three rules of law which ground the general right to conscientious exemption in Canadian law. The primary source of this right is to be found in anti-discrimination statutes and the duty of reasonable accommodation that case law has read into them. This rule of law is the most extensive. It arises in each Canadian jurisdiction; it binds public and private persons; and it arises in a variety of contexts, including employment and provision of goods and services. The right to freedom of conscience and religion under the Canadian and Quebec Charters also gives rise to a general right to conscientious exemption which applies to public bodies but not to private persons. Depending on which exercise of public power is concerned (administrative action or law of general application) the legal analysis will differ. Administrative bodies’ refusal to grant an exemption cannot be unreasonable. Legislative measures cannot infringe that right disproportionately.

Chapter 11 traces the development of EU legislation concerning non-discrimination on the grounds of disability. The chapter examines the key concepts of ‘direct discrimination’, ‘indirect discrimination’, the ‘burden of proof’ and ‘causation’. The chapter provides an overview of the key legislative enactment regulating disability discrimination within the EU, the Employment Equality Directive. In addition, it examines the case law of the CJEU relating to disability discrimination pre- and post-CRPD. The chapter highlights that, under the influence of the CRPD, the CJEU’s case law demonstrates a shift from the medical model to the social model of disability. Finally, the chapter reflects on the Commission’s proposal for a new non-discrimination directive.

Chapter 4 analyses Article 5 CRPD, as a key norm to ensuring the exercise and enjoyment by persons with disabilities of all human rights without any discrimination. It also provides an analysis of the relevant constituent elements of Article 2 CRPD, which contains important definitions, for the purpose of applying Article 5 CRPD. It discusses in detail the duty to reasonably accommodate persons with disabilities, and it analyses the principle of equality in connection with positive action. The chapter examines the prohibition of multiple and intersectional discrimination, contained in Article 6 CRPD, and the rights of children with disabilities, as provided for in Article 7 CRPD. Finally, the chapter analyses from a theoretical and comparative perspective, the model of equality contained in the CRPD.

Chapter 8 provides an analysis of Article 27 CRPD, a key norm in ensuring the exercise and enjoyment by persons with disabilities of the right to work without any discrimination and in contributing to the enjoyment of other substantive rights in the CRPD, including the right to live independently and be included in the community. After briefly discussing the right to work in international human rights law, the chapter provides an overview of the obligations imposed on States Parties under Article 27 CRPD. In that regard, it discusses the role of reasonable accommodation and accessibility in employment settings. It also reflects on sheltered and supported employment, and their compatibility with the CRPD.

Chapter 8 provides an analysis of Article 27 CRPD, a key norm in ensuring the exercise and enjoyment by persons with disabilities of the right to work without any discrimination and in contributing to the enjoyment of other substantive rights in the CRPD, including the right to live independently and be included in the community. After briefly discussing the right to work in international human rights law, the chapter provides an overview of the obligations imposed on States Parties under Article 27 CRPD. In that regard, it discusses the role of reasonable accommodation and accessibility in employment settings. It also reflects on sheltered and supported employment, and their compatibility with the CRPD.

Chapter 4 analyses Article 5 CRPD, as a key norm to ensuring the exercise and enjoyment by persons with disabilities of all human rights without any discrimination. It also provides an analysis of the relevant constituent elements of Article 2 CRPD, which contains important definitions, for the purpose of applying Article 5 CRPD. It discusses in detail the duty to reasonably accommodate persons with disabilities, and it analyses the principle of equality in connection with positive action. The chapter examines the prohibition of multiple and intersectional discrimination, contained in Article 6 CRPD, and the rights of children with disabilities, as provided for in Article 7 CRPD. Finally, the chapter analyses from a theoretical and comparative perspective, the model of equality contained in the CRPD.

Chapter 11 traces the development of EU legislation concerning non-discrimination on the grounds of disability. The chapter examines the key concepts of ‘direct discrimination’, ‘indirect discrimination’, the ‘burden of proof’ and ‘causation’. The chapter provides an overview of the key legislative enactment regulating disability discrimination within the EU, the Employment Equality Directive. In addition, it examines the case law of the CJEU relating to disability discrimination pre- and post-CRPD. The chapter highlights that, under the influence of the CRPD, the CJEU’s case law demonstrates a shift from the medical model to the social model of disability. Finally, the chapter reflects on the Commission’s proposal for a new non-discrimination directive.