Disability and employment : a contemporary disability human rights approach applied to Danish, Swedish and EU law and policy /
Saved in:
Author / Creator: | Ventegodt Liisberg, Maria. |
---|---|
Imprint: | Cambridge ; Portland, Or. : Intersentia, c2011. |
Description: | xv, 414 p. : ill. ; 24 cm. |
Language: | English |
Series: | School of Human Rights Research series ; v. 43 School of Human Rights Research series ; v. 43. |
Subject: | |
Format: | Print Book |
URL for this record: | http://pi.lib.uchicago.edu/1001/cat/bib/8689717 |
Table of Contents:
- Acknowledgements
- List of Abbreviations
- Part I. Introduction
- Chapter I. Introduction
- 1. Research Questions and Purposes
- 2. Methodology
- 3. Scope and Structure
- 4. Some Definitions
- 5. Disability Employment in Denmark and Sweden in Figures
- 6. This Thesis in the Context of Existing Research
- 7. Conclusion
- Part II. Analytical Framework
- Chapter II. Human Rights
- 1. The Contemporary Disability Human Rights Approach
- 1.1. Methodology for Determining the "Contemporary Disability Human Rights Approach"
- 1.2. From the End of World War II until the End of the 1960s - Formal Equality and the Medical Model of Disability
- 1.2.1. Models of Equality and Disability
- 1.2.2. The United Nations
- 1.2.3. The Council of Europe
- 1.3. From the 1970s until 2000s - Substantive Difference Equality and the Minority Model of Disability
- 1.3.1. The Models of Equality and Disability
- 1.3.2. The United Nations
- 1.3.3. The Council of Europe
- 1.3.3.1. European Convention on Human Rights
- 1.3.3.2. European Social Charter
- Current trends - Substantive Diversity Equality and Social Universality Model of Disability
- The Models of Equality and Disability
- 1.4.2. TheUnitedNations
- 1.4.3. The Council of Europe
- 1.5. The Involvement of Civil Society and Social Partners
- 1.5.1. Involvement of Civil Society
- 1.5.2. Involvement of Social Partners
- 1.6. Conclusion
- gal Status of Human Rights in Denmark and Sweden
- 2.1. Human Rights Protection under Domestic Law
- 2.2. Legal Status of International Human Rights Treaties
- 2.3. National Disability Action Plans
- 2.4. Conclusion
- 3. Conclusion
- Part III. EU and Domestic Law and Policy
- Chapter III. EU Law and Policy
- 1. Introduction
- 2. Development of EU Disability Policies and Laws
- 2.1. The Early Years from Treaty of Rome to the Mid-1970s
- 2.2. Mid-1970s to the Treaty of Amsterdam
- 2.3. From the Amsterdam Treaty and Onwards
- 2.4. Conclusion
- 3. The EU and Human Rights Protection of Persons with Disabilities
- 3.1. General Human Rights Instruments
- 3.2. CRPD
- 3.3. Conclusion
- 4. Employment Equality Directive
- 4.1. Definition of Disability
- 4.1.1. Models of Disability
- 4.1.2. Delimitation of the Concept of Disability
- 4.1.3. Definition of Disability and the 'Causal Link'
- 4.1.4. Conclusion
- 4.2. Direct Discrimination
- 4.3. Indirect Discrimination
- 4.4. Reasonable Accommodation
- 4.4.1. What are "Appropriate Measures"?
- 4.4.2. Who is Entitled to Reasonable Accommodation and in Which Situations?
- 4.4.3. Limitations on the Duty to Accommodate
- 4.4.4. Reasonable Accommodation, Direct and Indirect Discrimination and Positive Action
- 4.4.5. Conclusion on Reasonable Accommodation
- 4.5. Harassment and Instruction to Discriminate
- 4.6. Scope of Application
- 4.7. Burden of Proof
- 4.8. Positive Action
- 4.8.1. Definition of Positive Action
- 4.8.2. ECJ Case Law on Positive Action
- 4.8.3. Disability-Related Positive Action
- 4.9. Remedies and Sanctions and Victimisation
- 4.10. Conclusion on Employment Equality Directive
- 5. Employers' Obligations
- 5.1. Protection Against Dismissals
- 5.1.1. Hard-law on Protection Against Dismissals
- 5.1.2. Soft-law on Protection Against Dismissals
- 5.2. Health and Safety
- 5.2.1. Hard-law on Health and Safety
- 5.2.2. Soft-law on Health and Safety
- 5.3. Conclusion on Employers' Obligations
- 6. Employment Promotion
- 6.1. Hard-law on Employment Promotion
- 6.2. Soft-law on Employment Promotion
- 6.3. Conclusion on Employment Promotion
- 7. Income-Replacement Benefits
- 7.1. Hard Law on Income-Replacement Benefits
- 7.2. Soft-law on Income-Replacement Benefits
- 7.3. Conclusion on Income-Replacement Benefits
- 8. Involvement of Civil Society and Social Partners
- 8.1. Civil Society
- 8.2. Social Partners
- 8.3. Conclusion
- 9. Legal Status of Denmark and Sweden under EU Law
- 10. Conclusions
- Chapter IV. Equality Law and Policy
- 1. Introduction
- 2. Contemporary Disability Human Rights Approach
- 2.1. Non-Discrimination and Equality
- 2.2. Definition of Disability
- 2.3. Positive Action
- 2.4. Conclusion
- 3. Overview of Danish and Swedish Equality Law
- 4. Definition of Disability
- 4.1. Danish Definition of disability
- 4.2. Swedish Definition of Disability
- 4.3. Conclusion
- 5. Direct Discrimination
- 5.1. Less favourable treatment
- 5.2. Comparable Situation
- 5.3. Causal Link Between Disability and the Differential Treatment
- 5.4. Exceptions
- 5.5. Conclusion
- 6. Indirect Discrimination
- 6.1. Indirect Differential Treatment
- 6.2. Objective Justification Clause
- 6.3. Reasonable Accommodation Clause
- 6.4. Conclusion
- 7. Reasonable Accommodation
- 7.1. Meaning of "Reasonable Accommodation"
- 7.2. What are "Appropriate Measures"?
- 7.3. Who is Entitled to Reasonable Accommodation and in Which Situations?
- 7.4. Limitations on the Duty to Accommodate
- 7.5. Reasonable Accommodation, Direct and Indirect Discrimination and Positive Action
- 7.6. Conclusion
- 8. Scope of Application
- 8.1. Employer-Employee Relationship
- 8.2. Membership of Workers' or Employers' Organisations
- 8.3. Armed Forces
- 8.4. Self-Employment
- 8.5. Education and Training
- 8.6. Related Areas of Transport, Infrastructure and Social Security
- 8.7. Conclusion
- 9. Positive Action
- 9.1. Public Employers
- 9.2. Private Employers
- 9.3. Conclusion
- 10. Conclusion
- Chapter V. Employers' Obligations
- 1. Introduction
- 2. Contemporary Disability Human Rights Approach
- 2.1. Employers' Obligations Towards Employees with Disabilities and Disability-Related Reduced Working Capacity
- 2.2. Protection Against Unfair Dismissals
- 2.3. Dismissals Due to Shortage of Work
- 2.4. Conclusion
- 3. Dismissal Due to Disability-Related Reduced Working Capacity
- 3.1. Material Limitations
- 3.1.1. Denmark
- 3.1.2. Sweden
- 3.1.3. Conclusion
- 3.2. Protection against Unfair Dismissal
- 3.2.1. Denmark
- 3.2.2. Sweden
- 3.2.3. Conclusion
- 3.3. Conclusion
- 4. Adjustment for Reduced Working Capacity
- 4.1. Denmark
- 4.2. Sweden
- 4.2.1. General Duty to Adjust Working Tasks and Conditions
- 4.2.2. Duty to Rehabilitate Employees on Sick Leave
- 4.2.3. Reorganisation of Work and Transfer to Another Position
- 4.3. Conclusion
- 5. Protection against Dismissals Due to Shortage of Work
- 5.1. Denmark
- 5.2. Sweden
- 5.2.1. Criteria for Choosing Employees set by Law
- 5.2.2. Special Protection of Persons with Disabilities
- 5.3. Conclusion
- 6. EU Law and Policy
- 7. Conclusion
- Chapter VI. Employment Promotion
- 1. Introduction
- 2. Contemporary Disability Human Rights Approach
- 2.1. Sheltered Employment
- 2.2. Supported Employment
- 2.3. Conclusion
- 3. Introduction to Danish and Swedish Labour Market Policy
- 3.1. Danish and Swedish Employment Promotion Policies
- 3.2. Implementation of Danish and Swedish Employment Promotion Policy
- 3.3. Conclusion
- 4. Supported Employment in the Open Labour Market
- 4.1. Overview
- 4.2. Reserved to Persons Otherwise Excluded from the Labour Market
- 4.3. Available to Those Who Need It
- 4.4. Promote Transition to Open Labour Market
- 4.5. Usual Benefits of Labour Law
- 4.6. Conclusion
- 5. Sheltered Employment
- 5.1. Overview
- 5.2. Reserved to Persons Excluded from the Open Labour Market
- 5.3. Available to Those Who Need It
- 5.4. Promote Transition to Open Labour Market
- 5.5. Usual Benefits of Labour Law
- 5.6. Conclusion
- 6. EU Law and Policy
- 7. Conclusion
- Chapter VII. Income Replacement Benefits
- 1. Introduction
- 2. Contemporary Disability Human Rights Approach
- 2.1. Disability-Specific Provisions
- 2.2. Non-Disability-Specific provisions
- 2.3. Work Injury Benefit from a Human Rights' Perspective
- 2.4. Conclusion
- 3. Disability Pension
- 3.1. Available to Those Who Need it and Ensures an Adequate Standard of Living
- 3.1.1. Long-Lasting Reduced Working Capacity
- 3.1.2. Partially Reduced Working Capacity
- 3.1.3. Documentation of Reduced Working Capacity
- 3.1.4. Level of Benefit
- 3.1.5. Conclusion
- 3.2. Dignified Support for Entry into Labour Market
- 3.2.1. Suspension of Disability Pension
- 3.3. Design and Administration of Disability Pension
- 3.4. Conclusion
- 4. Sickness Benefit
- 4.1. Available to Those Who Need It and Ensures an Adequate Standard of Living
- 4.1.1. Measurement of Working Capacity
- 4.1.2. Level of Sickness Benefits
- 4.2. Dignified Support for Entry into the Labour Market
- 4.3. Design and Administration of Sickness Benefits
- 4.4. Conclusion
- 5. Rehabilitation
- 5.1. Available to Those Who Need It and Ensures an Adequate Standard of Living
- 5.2. Promotes Re-entry into Labour Market in a Dignified Manner
- 5.3. Design and Administration of Rehabilitation Benefits
- 5.4. Conclusion
- 6. Work Injury Compensation
- 6.1. Design and Administration of Work Injury Compensation
- 6.2. Equal Right of Persons with Disabilities to Public Work Injury Compensation
- 6.3. Conclusion
- 7. EU Law and Policy
- 8. Conclusion
- Part IV. Conclusion
- Chapter VIII. Conclusion
- 1. Main Findings
- 2. Employers' Obligations
- 3. Equality Law and Policy
- 4. Employment Promotion
- 5. Income-Replacement Benefits
- 6. Disability Organisations and Social Partners
- 7. Rights-Based Approach
- 8. EU Law and Policy
- 9. Main Recommendations
- Summary in English
- Summary in Dutch (Samenvatting)
- List of Literature