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Ph.D. Research on Non-discrimination, full and effective participation and inclusion in society

Ph.D. Research on Non-discrimination, full and effective participation and inclusion in society. Brussels 25.11.2011 Emilija Dodevska. The principles of equality and non-discrimination. Keystone to human rights law The foundation principles set in Article 3 UN CRPD

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Ph.D. Research on Non-discrimination, full and effective participation and inclusion in society

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  1. Ph.D. Research on Non-discrimination, full and effective participation and inclusion in society Brussels 25.11.2011 Emilija Dodevska

  2. The principles of equality and non-discrimination • Keystone to human rights law • The foundation principles set in Article 3 UN CRPD • Definition of discrimination on the basis of disability ( Article 2 UN CRPD) • Article 5; ensures that reasonable accommodation is provided;

  3. Research Objectives First objective: To understand how the principals of non-discrimination and equality are embedded in the relevant provisions of UN CRPD. Second objective: To examine the extent to which the selected states implement non-discrimination and equality principles for the inclusion of disabled individuals in the society.

  4. Methodology To understand how the principals of non discrimination and equality are embedded in the relevant provisions of CRPD. Historical method: to establish a picture of the legal background and the instruments preceding the UN CRPD. Textual interpretation: Vienna Convention on the Law of Treaties; The drafting history of the UNCRPD as its supplementary means of interpretation. Legal dogmatic method: to clarify the state’s obligations to guarantee the principles of equality and non-discrimination in relation to disability. Legal comparative method: to examine whether a particular State Party played an important role, and whether a particular domestic legal system influenced the drafting of the relevant provisions. Semi -Structured Interviews: people with disabilities will be interviewed; Case law analysis: to assess the Court interpretations of the principles of non-discrimination and equality and reasonable accommodation

  5. 2) To examine the extent to which the selected states’ implement non discrimination and equality principles for the inclusion of disabled individuals in the society. • Identify 2 EU Member States: • With more advanced disability laws (United Kingdom) • A former Yugoslavian country (Slovenia) • Review and analyze the disability laws of the selected state, in terms of, for instance, employment rates, accessibility to services, freedom of movement. • Determine the degree of differences in the implications of the laws.

  6. Expected Outcomes • Critical insight into the equality and non-discrimination principles and the relevant provisions of the UN CRPD. • Comprehensive analysis of the current disability laws in terms of non-discrimination and equality in United Kingdom and Slovenia • Recommendations for improving the disability laws in the Slovenia. • Recommendations for better aligning and harmonizing the disability laws with the relevant UN CRPD provisions of the selected EU states and the FYR. • Recommendations for clarifying the term insignificant burden or cost when implementing the Convention.

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