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Acknowledgements | p. v |
List of Abbreviations | p. xv |
Introduction | p. 1 |
Introduction | p. 3 |
Research Questions and Purposes | p. 5 |
Methodology | p. 6 |
Scope and Structure | p. 7 |
Some Definitions | p. 10 |
Disability Employment in Denmark and Sweden in Figures | p. 11 |
This Thesis in the Context of Existing Research | p. 14 |
Conclusion | p. 15 |
Analytical Framework | p. 17 |
Human Rights | p. 19 |
The Contemporary Disability Human Rights Approach | p. 19 |
Methodology for Determining the "Contemporary Disability Human Rights Approach" | p. 20 |
From the End of World War II until the End of the 1960s - Formal Equality and the Medical Model of Disability | p. 23 |
Models of Equality and Disability | p. 23 |
The United Nations | p. 24 |
The Council of Europe | p. 27 |
From the 1970s until 2000s - Substantive Difference Equality and the Minority Model of Disability | p. 28 |
The Models of Equality and Disability | p. 28 |
The United Nations | p. 31 |
The Council of Europe | p. 36 |
European Convention on Human Rights | p. 36 |
European Social Charter | p. 44 |
Current trends - Substantive Diversity Equality and Social Universality Model of Disability | p. 47 |
The Models of Equality and Disability | p. 47 |
TheUnitedNations | p. 51 |
The Council of Europe | p. 55 |
The Involvement of Civil Society and Social Partners | p. 55 |
Involvement of Civil Society | p. 56 |
Involvement of Social Partners | p. 58 |
Conclusion | p. 59 |
gal Status of Human Rights in Denmark and Sweden | p. 60 |
Human Rights Protection under Domestic Law | p. 61 |
Legal Status of International Human Rights Treaties | p. 63 |
National Disability Action Plans | p. 67 |
Conclusion | p. 69 |
Conclusion | p. 69 |
EU and Domestic Law and Policy | p. 71 |
EU Law and Policy | p. 73 |
Introduction | p. 73 |
Development of EU Disability Policies and Laws | p. 73 |
The Early Years from Treaty of Rome to the Mid-1970s | p. 73 |
Mid-1970s to the Treaty of Amsterdam | p. 74 |
From the Amsterdam Treaty and Onwards | p. 75 |
Conclusion | p. 80 |
The EU and Human Rights Protection of Persons with Disabilities | p. 81 |
General Human Rights Instruments | p. 81 |
CRPD | p. 87 |
Conclusion | p. 89 |
Employment Equality Directive | p. 89 |
Definition of Disability | p. 91 |
Models of Disability | p. 91 |
Delimitation of the Concept of Disability | p. 92 |
Definition of Disability and the 'Causal Link' | p. 95 |
Conclusion | p. 97 |
Direct Discrimination | p. 97 |
Indirect Discrimination | p. 103 |
Reasonable Accommodation | p. 106 |
What are "Appropriate Measures"? | p. 108 |
Who is Entitled to Reasonable Accommodation and in Which Situations? | p. 109 |
Limitations on the Duty to Accommodate | p. 110 |
Reasonable Accommodation, Direct and Indirect Discrimination and Positive Action | p. 112 |
Conclusion on Reasonable Accommodation | p. 115 |
Harassment and Instruction to Discriminate | p. 116 |
Scope of Application | p. 116 |
Burden of Proof | p. 119 |
Positive Action | p. 120 |
Definition of Positive Action | p. 121 |
ECJ Case Law on Positive Action | p. 122 |
Disability-Related Positive Action | p. 124 |
Remedies and Sanctions and Victimisation | p. 126 |
Conclusion on Employment Equality Directive | p. 128 |
Employers' Obligations | p. 128 |
Protection Against Dismissals | p. 129 |
Hard-law on Protection Against Dismissals | p. 129 |
Soft-law on Protection Against Dismissals | p. 130 |
Health and Safety | p. 130 |
Hard-law on Health and Safety | p. 131 |
Soft-law on Health and Safety | p. 135 |
Conclusion on Employers' Obligations | p. 136 |
Employment Promotion | p. 136 |
Hard-law on Employment Promotion | p. 137 |
Soft-law on Employment Promotion | p. 140 |
Conclusion on Employment Promotion | p. 141 |
Income-Replacement Benefits | p. 141 |
Hard Law on Income-Replacement Benefits | p. 142 |
Soft-law on Income-Replacement Benefits | p. 146 |
Conclusion on Income-Replacement Benefits | p. 147 |
Involvement of Civil Society and Social Partners | p. 147 |
Civil Society | p. 148 |
Social Partners | p. 150 |
Conclusion | p. 153 |
Legal Status of Denmark and Sweden under EU Law | p. 153 |
Conclusions | p. 155 |
Equality Law and Policy | p. 159 |
Introduction | p. 159 |
Contemporary Disability Human Rights Approach | p. 159 |
Non-Discrimination and Equality | p. 159 |
Definition of Disability | p. 162 |
Positive Action | p. 163 |
Conclusion | p. 167 |
Overview of Danish and Swedish Equality Law | p. 167 |
Definition of Disability | p. 171 |
Danish Definition of disability | p. 171 |
Swedish Definition of Disability | p. 177 |
Conclusion | p. 180 |
Direct Discrimination | p. 181 |
Less favourable treatment | p. 182 |
Comparable Situation | p. 182 |
Causal Link Between Disability and the Differential Treatment | p. 187 |
Exceptions | p. 190 |
Conclusion | p. 192 |
Indirect Discrimination | p. 192 |
Indirect Differential Treatment | p. 193 |
Objective Justification Clause | p. 194 |
Reasonable Accommodation Clause | p. 196 |
Conclusion | p. 198 |
Reasonable Accommodation | p. 198 |
Meaning of "Reasonable Accommodation" | p. 199 |
What are "Appropriate Measures"? | p. 200 |
Who is Entitled to Reasonable Accommodation and in Which Situations? | p. 203 |
Limitations on the Duty to Accommodate | p. 207 |
Reasonable Accommodation, Direct and Indirect Discrimination and Positive Action | p. 212 |
Conclusion | p. 215 |
Scope of Application | p. 215 |
Employer-Employee Relationship | p. 216 |
Membership of Workers' or Employers' Organisations | p. 218 |
Armed Forces | p. 219 |
Self-Employment | p. 219 |
Education and Training | p. 220 |
Related Areas of Transport, Infrastructure and Social Security | p. 220 |
Conclusion | p. 221 |
Positive Action | p. 221 |
Public Employers | p. 223 |
Private Employers | p. 225 |
Conclusion | p. 227 |
Conclusion | p. 228 |
Employers' Obligations | p. 231 |
Introduction | p. 231 |
Contemporary Disability Human Rights Approach | p. 232 |
Employers' Obligations Towards Employees with Disabilities and Disability-Related Reduced Working Capacity | p. 232 |
Protection Against Unfair Dismissals | p. 237 |
Dismissals Due to Shortage of Work | p. 239 |
Conclusion | p. 240 |
Dismissal Due to Disability-Related Reduced Working Capacity | p. 241 |
Material Limitations | p. 242 |
Denmark | p. 242 |
Sweden | p. 248 |
Conclusion | p. 252 |
Protection against Unfair Dismissal | p. 253 |
Denmark | p. 253 |
Sweden | p. 256 |
Conclusion | p. 258 |
Conclusion | p. 259 |
Adjustment for Reduced Working Capacity | p. 260 |
Denmark | p. 260 |
Sweden | p. 263 |
General Duty to Adjust Working Tasks and Conditions | p. 264 |
Duty to Rehabilitate Employees on Sick Leave | p. 265 |
Reorganisation of Work and Transfer to Another Position | p. 267 |
Conclusion | p. 270 |
Protection against Dismissals Due to Shortage of Work | p. 270 |
Denmark | p. 271 |
Sweden | p. 274 |
Criteria for Choosing Employees set by Law | p. 275 |
Special Protection of Persons with Disabilities | p. 276 |
Conclusion | p. 280 |
EU Law and Policy | p. 281 |
Conclusion | p. 281 |
Employment Promotion | p. 283 |
Introduction | p. 283 |
Contemporary Disability Human Rights Approach | p. 284 |
Sheltered Employment | p. 285 |
Supported Employment | p. 287 |
Conclusion | p. 291 |
Introduction to Danish and Swedish Labour Market Policy | p. 291 |
Danish and Swedish Employment Promotion Policies | p. 291 |
Implementation of Danish and Swedish Employment Promotion Policy | p. 293 |
Conclusion | p. 296 |
Supported Employment in the Open Labour Market | p. 296 |
Overview | p. 296 |
Reserved to Persons Otherwise Excluded from the Labour Market | p. 300 |
Available to Those Who Need It | p. 302 |
Promote Transition to Open Labour Market | p. 304 |
Usual Benefits of Labour Law | p. 306 |
Conclusion | p. 309 |
Sheltered Employment | p. 309 |
Overview | p. 309 |
Reserved to Persons Excluded from the Open Labour Market | p. 313 |
Available to Those Who Need It | p. 315 |
Promote Transition to Open Labour Market | p. 315 |
Usual Benefits of Labour Law | p. 317 |
Conclusion | p. 321 |
EU Law and Policy | p. 322 |
Conclusion | p. 324 |
Income Replacement Benefits | p. 327 |
Introduction | p. 327 |
Contemporary Disability Human Rights Approach | p. 328 |
Disability-Specific Provisions | p. 329 |
Non-Disability-Specific provisions | p. 332 |
Work Injury Benefit from a Human Rights' Perspective | p. 334 |
Conclusion | p. 335 |
Disability Pension | p. 335 |
Available to Those Who Need it and Ensures an Adequate Standard of Living | p. 337 |
Long-Lasting Reduced Working Capacity | p. 337 |
Partially Reduced Working Capacity | p. 333 |
Documentation of Reduced Working Capacity | p. 338 |
Level of Benefit | p. 340 |
Conclusion | p. 341 |
Dignified Support for Entry into Labour Market | p. 342 |
Suspension of Disability Pension | p. 344 |
Design and Administration of Disability Pension | p. 344 |
Conclusion | p. 345 |
Sickness Benefit | p. 346 |
Available to Those Who Need It and Ensures an Adequate Standard of Living | p. 347 |
Measurement of Working Capacity | p. 348 |
Level of Sickness Benefits | p. 350 |
Dignified Support for Entry into the Labour Market | p. 351 |
Design and Administration of Sickness Benefits | p. 354 |
Conclusion | p. 355 |
Rehabilitation | p. 356 |
Available to Those Who Need It and Ensures an Adequate Standard of Living | p. 356 |
Promotes Re-entry into Labour Market in a Dignified Manner | p. 358 |
Design and Administration of Rehabilitation Benefits | p. 359 |
Conclusion | p. 360 |
Work Injury Compensation | p. 360 |
Design and Administration of Work Injury Compensation | p. 361 |
Equal Right of Persons with Disabilities to Public Work Injury Compensation | p. 363 |
Conclusion | p. 366 |
EU Law and Policy | p. 366 |
Conclusion | p. 368 |
Conclusion | p. 371 |
Conclusion | p. 373 |
Main Findings | p. 373 |
Employers' Obligations | p. 377 |
Equality Law and Policy | p. 377 |
Employment Promotion | p. 379 |
Income-Replacement Benefits | p. 380 |
Disability Organisations and Social Partners | p. 381 |
Rights-Based Approach | p. 382 |
EU Law and Policy | p. 382 |
Main Recommendations | p. 383 |
Summary in English | p. 385 |
Summary in Dutch (Samenvatting) | p. 393 |
List of Literature | p. 401 |
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