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