Chapter 24 The European Social Charter and disability
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Since 1961, the right of persons with disabilities to independence, social integration and participation in the life of the community is enshrined in Article 15 of the European Social Charter (ESC), a legally binding treaty for the protection of social rights, which is embedded in the institutional framework of the Council of Europe. This chapter examines and clarifies the history, contents, scope and implications of the State obligation to ensure to persons with disabilities the effective exercise of this right, according to Article 15 of the ESC, as interpreted and applied by the monitoring body of the Charter, the European Committee of Social Rights (ECSR). In this respect, it specifically elaborates on the relevant case law developed by the ECSR within the framework of the so-called collective complaints procedure in a number of cases concerning the area of education and employment.

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