CEU Electronic Theses and Dissertations, 2015
| Author | Mikola, Orsolya Iren |
|---|---|
| Title | 'Reasonable Accommodation' and 'Disability' in Comparison with the Regulations of the UN Convention on the Rights of Persons with Disabilities, the Americans with Disabilities Act, and the European Union's Regulation |
| Summary | ‘Reasonable accommodation’ and ‘disability’ are key phrases in this critical analysis of the United Nations Convention on the Rights of People with Disabilities, the Americans with Disabilities Act and the European Union’s regulation in connection with the labour market. As cornerstones of the disability law, following the principle of the ‘social model’ and ‘substantive equality’, reaching equality, they face numerous challenges: according to the current system, to claim ‘reasonable accommodation’, the employee needs to be qualified as disabled, the limiting barriers should be removed, unless it means undue burden for the employer. Meanwhile its aim to ensure equality and the possibility for the full enjoyment and participation as employee, this system of ‘reasonable accommodation’ has its own checks: firstly, it requires to be in the “category” of disabled; secondly, the necessary adjustment is up to the employer, whether it is reasonable or not. Through selected cases, it seems that it is a very precarious field for the most dependent people. My aim is, based on the analytical and critical interpretation of the different systems, to suggest a solution without these checks, creating real equality without labeling. |
| Supervisor | Kollonay-Lehoczky, Csilla |
| Department | Legal Studies LLM |
| Full text | https://www.etd.ceu.edu/2015/mikola_orsolya.pdf |
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