Chapter 23 The European Convention on Human Rights and Disability
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In the last decade, the United Nations Convention on the Rights of Persons with Disabilities (CRPD) has become the main legal benchmark against which the protection and promotion of the rights of persons with disabilities must be assessed in Europe. Hence, the CRPD has been integrated in the system of the sources of European Union (EU) law and in the system of protection of disability rights provided by the Council of Europe. In particular, the CRPD has profoundly influenced the European Court of Human Rights (ECtHR) case law on disability, stimulating a fruitful process of cross-fertilization between the Strasbourg case law and EU disability law. Against this background, this chapter analyzes the most recent decisions of the ECtHR referring to discrimination on the ground of disability and reasonable accommodation, with the aim to carve out the relevance of EU law for the most recent ECtHR disability case law.

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