Rights of workers with disabilities under EU law after ratification of UN Convention on the Rights of Persons with disabilities: Prawa pracowników z niepełnosprawnościami w prawie UE po ratyfikacji Konwencji ONZ o prawach osób z niepełnosprawnościami

Abstract

The elaboration aims to analyse the influence of the UN Convention on Rights of Persons with disabilities on the EU regulations concerning the status of workers with disabilities. Author presents the EU legal framework on disability, including EU Charter of Fundamental Rights and the Directive 2000/78 on equal treatment in employment, as well as those provisions of the UN Convention that pertain to prohibition of discrimination, accessibility and right to work. Against this background, Author analyses the influence of the UN Convention on the EU Court of Justice case-law on the notion of disability and reasonable accommodations under EU law. He emphasizes that both the European Union and its Member States have competence in the fields covered by the UN Convention. European Union is obliged to inform periodically the UN Committee on the Rights of Persons with Disabilities about the measures taken to implement the UN Convention, and that conformity of EU regulations on persons with disabilities with the said Convention is subject to regular assessment. The UN Convention can constitute a point of reference to promote within the European Union the right to work for persons with disabilities and to adjust employment conditions to their needs