Welcome to the Disability
Discrimination Summer School Intranet which contains the teaching
materials to be accessed and/or downloaded before the Summer School
starts. Participants are responsible for their own teaching materials
and should download materials that they would like to bring with
them to the Summer School in appropriate formats to meet their
own needs. It should be noted that some of
the materials provided is available in PDF format only.
If anyone with a disability finds this format problematic, please
contact the event office (disability@eusummerschool.info).
Adobe Acrobat can be downloaded for free here.
*** Please note that additional materials (PowerPoint
presentations & speedtext notes) are now available here.
***
Section A provides the essential
reading materials. These two documents were provided on the Background
Information section of the website, so you may have already referred
to them. Section B provides specific teaching
materials from the teaching faculty. In some instances, the teaching
faculty have also provided recommended further reading which you
may like to refer to in the future. Section C provides
the key EU legislation. The international and comparative legislative
benchmarks are provided in Section D. Section
E and Section F have some further important
EU reference material. Links to the European Commission Directorate
General for Employment, Social Affairs and Equal Opportunities
is provided in Section G.
It is at the discretion of each student as to
how many of the materials they bring with them at the Summer School.
However, it is recommended, although not compulsory, that all of
the materials in Section C and the majority of materials provided
in Section B should be brought with participants during the Summer
School.
A). Essential Reading Materials
B). Lecture Teaching Materials
(by day and lecturer)
Tuesday, 6 June
Dermot Walsh
Overview of European Union law and the Role of the European Court
of Justice.
- Introduction to the European Union. III Legal System. PDF/ WORD
Further reading:
- Paul Craig and Grainne de Burca EU Law: Text, Cases and Materials
3rd edition (Oxford: Oxford University Press, 2003) chapters
2 - 6.
Laurent Pech
Forms of Action before the European Court of Justice and the Court
of First Instance.
- Forms of Action before the European Court of Justice and the
Court of First Instance. >> PDF / WORD
- Standard form for complaints. >> PDF / WORD
Wednesday, 7 June
Eilis Barry
European Union Gender Discrimination Law: Leading Cases and Lessons
for the Directive.
- Background to EU anti-discrimination law – gender. >> PDF / WORD
Marc De Vos
The European Union Framework Directive: Focus on the Text and
Legal Issues.
- Baseline Study. Disability Discrimination Law in the
European Union Member States by the EU Network of Independent
Experts on Disability Discrimination. Please note that
this document is also available from the Background Section of
the website, so you may have already downloaded this. >> PDF / WORD
- Definition of Disability. >> PDF / WORD
- i) Fighting for our Rights. Using Non-Discrimination
Law to Protect People with Disabilities by Inclusion Europe. >> PDF only.
ii) Fighting for our Rights. Using Non-Discrimination Law
to Protect People with Disabilities by Inclusion Europe. >> PDF / WORD
- Disability Mainstreaming. >> PDF / WORD
- European Union Action Plan 2006-2007. >> PDF / WORD
- Council Directive 2000/78/EC/ of 27 November 2000 establishing
a general framework for equal treatment in employment and occupation
(Framework Employment Directive).>> PDF / Plain
Text
Thursday, 8 June
André Gubbels
The history of European Union disability policy: from charity
towards rights.
- Summary outline of the presentation. >> PDF / WORD
- A New European Community Disability Strategy (COM (1996) 406
of 30 July 1996). Communication of the Commission on equality
of opportunity for people with disabilities. >> PDF only.
- Proposal for a Council Directive Establishing a General Framework
for Equal Treatment in Employment and Occupation (COM (1999)
565 final). >> PDF only.
- Communication from the Commission to the Council, the European
Parliament, The Economic and Social Committee and the Committee
of the Regions – Towards a Barrier Free Europe for People
with Disabilities (COM (2000) 284 final of 12 May 2000). >> PDF only.
- Council Directive 2000/78/EC/ of 27 November 2000 establishing
a general framework for equal treatment in employment and occupation
(Framework Employment Directive). Please note this was
already provided within Marc De Vos’ materials >> PDF / Plain
Text
- The European Disability Forum’s Guide to the Amsterdam
Treaty. >> PDF only.
Friday, 9 June
Caroline Gooding.
United Kingdom Disability Discrimination Law. Leading cases.
- Overview and legal history. >> PDF / WORD
- Key cases under the Disability Discrimination Act 1995 >> PDF / WORD
Further reading:
- Barnes, C. and Oliver, M. (1995): Disability Rights: rhetoric
and reality in the UK, Disability and Society, 10 (4), 111-116.
- Bowers, J., (2003): Disabled Persons Under the Disability Discrimination
Act 1995, Comparative Labor Law and Policy Journal 2003, Vol
24, No 4, pp.631-648.
- Casserley, C., (2004): New Duties, New Rights - Changes to
the Disability Discrimination Act, New Beacon, 2004, No 1034,
pp. 26-31.
- Christie, A.L., (2006): Is the Disability Discrimination Act
Discriminatory? Edinburgh Law Review, 10 (1), 155-167.
- Doyle, B., (1999): From Welfare to Rights? Disability and Legal
Change in the United Kingdom in the Late 1990s, International
Studies in Human Rights, 1999, Vol 56, pp.209-226
- Doyle, B., (2005): Disability Discrimination: Law and Practice,
5th edition, Bristol: Jordan Publishing Ltd.
- Gooding, C., (2000): Disability Discrimination Act: from statute
to practice, Critical Social Policy, 65, 20(4), 533-550.
- Gooding, C. (1994): Disabling Laws, Enabling Acts: Disability
Rights in Britain and America, London: Pluto Press.
- Lawson, A., and Gooding, C. (eds), (2005): Disability Rights
in Europe: From theory to practice, Oxford: Hart Publishing.
- Monaghan, K, (2005): Blackstone's Guide to the Disability Discrimination
Legislation, Oxford: Oxford University Press.
- Sayce, L and O'Brien, N., (2004): The Future of Equality and
Human Rights in Britain: Opportunities and risks for disabled
people, in Disability & Society, 19 (6), pp.663-667.
- Wells, K, (2003): The Impact of the Framework Employment Directive
on UK Disability Discrimination Law, Industrial Law Journal,
32 (4), PP.253-273.
- Williams, P.J., (2004): A personal history of the DDA, in Access
By Design, Issue 100, Autumn, pp. 6-8.
- Woodhams, C., Corby, S., (2003): Defining Disability in Theory
and Practice: A Critique of the British Disability Discrimination
Act 1995, in Journal of Social Policy, 2003, Vol 32, Part 2,
pp.159-178.
Shivaun Quinlivan
Irish Disability Discrimination Law. Leading cases.
- Irish anti-discrimination law and disability. The caselaw. >> PDF / WORD
Monday, 12 June
Olivier De Schutter
European Human Rights Law. Non-Discrimination Norms under
the European Convention on Human Rights and the European Social
Charter.
Andrea Coomber
- Presentation overview. >> PDF / WORD
- The Standard Rules on the Equalization of Opportunities for
Persons with Disabilities. http://www.ohchr.org/english/law/opportunities.htm
- The Committee on Economic, Social and Cultural Rights, General
Comment No. 5. >> PDF / WORD
- The Human Rights Committee views in Hamilton v. Jamaica. >> PDF / WORD
- Treaty provisions. >> PDF / WORD
- The Human Rights Committee, General Comment No. 18.
- A Survey of International, Comparative and Regional Disability
Law Reform by Theresia Degener and Gerard Quinn at the following
link: http://www.dredf.org/international/degener_quinn.html Please
note that this document has been provided in the Background Section
of the website, therefore you may have already accessed this
document.
Tuesday, 13 June
Patricia Bregman
Canadian Disability Discrimination Law. Leading cases.
- Course outline. To be provided. >> PDF / WORD
- Sources, legislation, case law and legal issues, etc. >> PDF / WORD
- Charter guarantee of rights and freedoms. >> PDF / WORD
- Law v. Canada (Minister of Employment and Immigration). >> PDF / WORD
- Granovsky v. Canada (Minister of Employment and Immigration). >> PDF / WORD
- Eldridge v. British Columbia (Attorney General). >> PDF / WORD
- British Columbia (Superintendent of Motor Vehicles) v. British
Columbia (Council of Human Rights). >> PDF / WORD
- Entrop v. Imperial Oil Ltd. >> PDF / WORD
- Quebec (Commission des droits de la personne et des droits
de la jeunesse) v. Boisbriand (City). >> PDF / WORD
Peter Blanck
Americans with Disabilities Act * focus on ‘Reasonable
Accommodation’.
- Peter will be referring to his book during his presentation
and some copies will be available to students at Summer School. >> PDF / WORD
Blanck, Peter et al. (2005) Disability Civil Rights Law and
Policy: Cases and Materials.
If you would like to purchase a copy of this book after the Summer
School, it is available from the following websites:
Please note that there is a new supplement now available to Disability
Civil Rights Law & Policy: Cases and Materials. Click here for
further details.
In meantime, please refer to the following three articles which
are developed in Peter's casebook.
- Workplace Accommodations for Persons with Disabilities. >> PDF / WORD
- Keynote Address. Justice for All? Stories about Americans with
Disabilities and Their Civil Rights. >> PDF / WORD
- Calibrating the Impact of the ADA 's Employment Provisions. >> PDF / WORD
Please also, visit the Burton Blatt Institute website http://bbi.syr.edu and
download the first two articles from the Burton Blatt Institute
in the Syracuse Law Review (The Burton Blatt Institute: Centers
of Innovation on Disability at Syracuse University and Americans
with Disabilities and their Civil Rights: Past, Present, and Future). Download
- >> PDF / WORD -
at:
Wednesday, 14 June
Michael Stein
Case Study: Litigating the Definition of Disability before the
US Courts – Lessons for the Directive.
Robin Allen
Case Study: Litigating Disability Cases through the United Kingdom
Courts – Lessons for the Directive.
Thursday, 15 June
Theresia Degener
Case Study: Litigating ‘Reasonable Accommodation’ before
the European Court of Justice.
- Implementing and Interpreting the Reasonable Accommodation
Provision of the Framework Employment Directive: Learning from
Experience and Achieving Best Practice. By Lisa Waddington. >> PDF / WORD.
Lisa Waddington and Michael Stein
- Moot Court exercise to be provided during the Summer School.
Friday, 16 June
Gerard Quinn
- Closing address. No materials to be provided.
C). Key EU Legislation
- Council Directive 2000/78/EC of 27 November 2000 establishing
a general framework for equal treatment in employment and occupation
(EU Framework Employment Directive) Please note that this document
is available from Andre Gubbels' teaching materials.
- Council Directive 2000/43/Ec of 29 June 2000 implementing the
principle of equal treatment between persons irrespective of
racial or ethnic origin (EU Race Directive) http://europa.eu.int/eur-lex/pri/en/oj/dat/2000/l_180/l_18020000719en00220026.pdf
- Gender Directives (to be provided)
D). Comparative Legislation
E). General EU Reference Material
F). EU Employment Reference
Material
G). European Commission web links
Directorate General for Employment, Social
Affairs and Equal Opportunities
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