Jun 11 2012 Posted: 14:50 IST

Gerard Quinn and Eilionóir Flynn

Peer-reviewed article by Prof. Gerard Quinn and Dr. Eilionóir Flynn, Centre for Disabiliity Law and Policy, “Transatlantic borrowings: The past and future of EU non-discrimination law and policy on the grounds of disability” (2012) 60 American Journal of Comparative Law 23. Online version available here:http://bjc.oxfordjournals.org/content/early/2012/01/27/bjc.azr097.


This Paper explores the interrelationship between U.S. and EU disability discrimination law in terms of founding principles, implementation and practice. It addresses the evolution of a “civil rights” model (broadly based on a social construct of disability) which underpins discrimination law in the United States, and its subsequent adaptation in the EU context to fit with a broader European social model. This Paper also examines the role of the UN Convention on the Rights of Persons with Disabilities in furthering the shift from civil rights approaches to locating disability rights within a broader theory of social justice, and the significance of the EU's conclusion of procedures necessary to ratify the Convention. Finally, it offers some perspectives on the future of a transatlantic dialogue on ensuring that people with disabilities are viewed as rights-holders, supported, and enabled to exercise their rights.

Law School, NUI Galway