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    Disability and Employment A Contemporary Disability Human Rights Approach Applied to Danish, Swedish and Eu Law and Policy

    ISBN-10: 1780680287
    ISBN-13: 9781780680286
    Edition: 2011
    Description: Based on analysis of the UN Convention on the Rights of Persons with Disabilities, this text identifies four main requirements as characterising the contemporary disability human rights approach on the labour market. It examines Danish and Swedish  More...
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    Copyright Year: 2011
    Publisher: Intersentia Uitgevers N.V.
    Publication Date: 11/30/2011
    Binding: Paperback
    Pages: 430
    Size: 6.50" wide x 9.25" long x 1.00" tall
    Weight: 1.584
    Language: English

    Based on analysis of the UN Convention on the Rights of Persons with Disabilities, this text identifies four main requirements as characterising the contemporary disability human rights approach on the labour market. It examines Danish and Swedish employment law and policy and EU law and policy in the field of disability employment law.

    Acknowledgements
    List of Abbreviations
    Introduction
    Introduction
    Research Questions and Purposes
    Methodology
    Scope and Structure
    Some Definitions
    Disability Employment in Denmark and Sweden in Figures
    This Thesis in the Context of Existing Research
    Conclusion
    Analytical Framework
    Human Rights
    The Contemporary Disability Human Rights Approach
    Methodology for Determining the "Contemporary Disability Human Rights Approach"
    From the End of World War II until the End of the 1960s - Formal Equality and the Medical Model of Disability
    Models of Equality and Disability
    The United Nations
    The Council of Europe
    From the 1970s until 2000s - Substantive Difference Equality and the Minority Model of Disability
    The Models of Equality and Disability
    The United Nations
    The Council of Europe
    European Convention on Human Rights
    European Social Charter
    Current trends - Substantive Diversity Equality and Social Universality Model of Disability
    The Models of Equality and Disability
    TheUnitedNations
    The Council of Europe
    The Involvement of Civil Society and Social Partners
    Involvement of Civil Society
    Involvement of Social Partners
    Conclusion
    gal Status of Human Rights in Denmark and Sweden
    Human Rights Protection under Domestic Law
    Legal Status of International Human Rights Treaties
    National Disability Action Plans
    Conclusion
    Conclusion
    EU and Domestic Law and Policy
    EU Law and Policy
    Introduction
    Development of EU Disability Policies and Laws
    The Early Years from Treaty of Rome to the Mid-1970s
    Mid-1970s to the Treaty of Amsterdam
    From the Amsterdam Treaty and Onwards
    Conclusion
    The EU and Human Rights Protection of Persons with Disabilities
    General Human Rights Instruments
    CRPD
    Conclusion
    Employment Equality Directive
    Definition of Disability
    Models of Disability
    Delimitation of the Concept of Disability
    Definition of Disability and the 'Causal Link'
    Conclusion
    Direct Discrimination
    Indirect Discrimination
    Reasonable Accommodation
    What are "Appropriate Measures"?
    Who is Entitled to Reasonable Accommodation and in Which Situations?
    Limitations on the Duty to Accommodate
    Reasonable Accommodation, Direct and Indirect Discrimination and Positive Action
    Conclusion on Reasonable Accommodation
    Harassment and Instruction to Discriminate
    Scope of Application
    Burden of Proof
    Positive Action
    Definition of Positive Action
    ECJ Case Law on Positive Action
    Disability-Related Positive Action
    Remedies and Sanctions and Victimisation
    Conclusion on Employment Equality Directive
    Employers' Obligations
    Protection Against Dismissals
    Hard-law on Protection Against Dismissals
    Soft-law on Protection Against Dismissals
    Health and Safety
    Hard-law on Health and Safety
    Soft-law on Health and Safety
    Conclusion on Employers' Obligations
    Employment Promotion
    Hard-law on Employment Promotion
    Soft-law on Employment Promotion
    Conclusion on Employment Promotion
    Income-Replacement Benefits
    Hard Law on Income-Replacement Benefits
    Soft-law on Income-Replacement Benefits
    Conclusion on Income-Replacement Benefits
    Involvement of Civil Society and Social Partners
    Civil Society
    Social Partners
    Conclusion
    Legal Status of Denmark and Sweden under EU Law
    Conclusions
    Equality Law and Policy
    Introduction
    Contemporary Disability Human Rights Approach
    Non-Discrimination and Equality
    Definition of Disability
    Positive Action
    Conclusion
    Overview of Danish and Swedish Equality Law
    Definition of Disability
    Danish Definition of disability
    Swedish Definition of Disability
    Conclusion
    Direct Discrimination
    Less favourable treatment
    Comparable Situation
    Causal Link Between Disability and the Differential Treatment
    Exceptions
    Conclusion
    Indirect Discrimination
    Indirect Differential Treatment
    Objective Justification Clause
    Reasonable Accommodation Clause
    Conclusion
    Reasonable Accommodation
    Meaning of "Reasonable Accommodation"
    What are "Appropriate Measures"?
    Who is Entitled to Reasonable Accommodation and in Which Situations?
    Limitations on the Duty to Accommodate
    Reasonable Accommodation, Direct and Indirect Discrimination and Positive Action
    Conclusion
    Scope of Application
    Employer-Employee Relationship
    Membership of Workers' or Employers' Organisations
    Armed Forces
    Self-Employment
    Education and Training
    Related Areas of Transport, Infrastructure and Social Security
    Conclusion
    Positive Action
    Public Employers
    Private Employers
    Conclusion
    Conclusion
    Employers' Obligations
    Introduction
    Contemporary Disability Human Rights Approach
    Employers' Obligations Towards Employees with Disabilities and Disability-Related Reduced Working Capacity
    Protection Against Unfair Dismissals
    Dismissals Due to Shortage of Work
    Conclusion
    Dismissal Due to Disability-Related Reduced Working Capacity
    Material Limitations
    Denmark
    Sweden
    Conclusion
    Protection against Unfair Dismissal
    Denmark
    Sweden
    Conclusion
    Conclusion
    Adjustment for Reduced Working Capacity
    Denmark
    Sweden
    General Duty to Adjust Working Tasks and Conditions
    Duty to Rehabilitate Employees on Sick Leave
    Reorganisation of Work and Transfer to Another Position
    Conclusion
    Protection against Dismissals Due to Shortage of Work
    Denmark
    Sweden
    Criteria for Choosing Employees set by Law
    Special Protection of Persons with Disabilities
    Conclusion
    EU Law and Policy
    Conclusion
    Employment Promotion
    Introduction
    Contemporary Disability Human Rights Approach
    Sheltered Employment
    Supported Employment
    Conclusion
    Introduction to Danish and Swedish Labour Market Policy
    Danish and Swedish Employment Promotion Policies
    Implementation of Danish and Swedish Employment Promotion Policy
    Conclusion
    Supported Employment in the Open Labour Market
    Overview
    Reserved to Persons Otherwise Excluded from the Labour Market
    Available to Those Who Need It
    Promote Transition to Open Labour Market
    Usual Benefits of Labour Law
    Conclusion
    Sheltered Employment
    Overview
    Reserved to Persons Excluded from the Open Labour Market
    Available to Those Who Need It
    Promote Transition to Open Labour Market
    Usual Benefits of Labour Law
    Conclusion
    EU Law and Policy
    Conclusion
    Income Replacement Benefits
    Introduction
    Contemporary Disability Human Rights Approach
    Disability-Specific Provisions
    Non-Disability-Specific provisions
    Work Injury Benefit from a Human Rights' Perspective
    Conclusion
    Disability Pension
    Available to Those Who Need it and Ensures an Adequate Standard of Living
    Long-Lasting Reduced Working Capacity
    Partially Reduced Working Capacity
    Documentation of Reduced Working Capacity
    Level of Benefit
    Conclusion
    Dignified Support for Entry into Labour Market
    Suspension of Disability Pension
    Design and Administration of Disability Pension
    Conclusion
    Sickness Benefit
    Available to Those Who Need It and Ensures an Adequate Standard of Living
    Measurement of Working Capacity
    Level of Sickness Benefits
    Dignified Support for Entry into the Labour Market
    Design and Administration of Sickness Benefits
    Conclusion
    Rehabilitation
    Available to Those Who Need It and Ensures an Adequate Standard of Living
    Promotes Re-entry into Labour Market in a Dignified Manner
    Design and Administration of Rehabilitation Benefits
    Conclusion
    Work Injury Compensation
    Design and Administration of Work Injury Compensation
    Equal Right of Persons with Disabilities to Public Work Injury Compensation
    Conclusion
    EU Law and Policy
    Conclusion
    Conclusion
    Conclusion
    Main Findings
    Employers' Obligations
    Equality Law and Policy
    Employment Promotion
    Income-Replacement Benefits
    Disability Organisations and Social Partners
    Rights-Based Approach
    EU Law and Policy
    Main Recommendations
    Summary in English
    Summary in Dutch (Samenvatting)
    List of Literature

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