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Chacón Navas V Eurest Colectividades SA
''Chacón Navas v Eurest Colectividades SA'' (2006C-13/05is an EU labour law case that sets forth a uniform definition of disability in the European Union. Both the Treaty of Amsterdam and the EU Framework Directive on Employment left open the definition of disability, which allowed the Court to adopt its own definition. The judgment has been criticised by academics as potentially being too close to a medical model of disability (although it does not require medical diagnosis of a disability), rather than the social model of disability. Facts Ms Navas, an employee of a catering company, was sick and waiting for an operation. The ECJ decision does not contain any detail about what illness prevented her from working for eight months. After eight months her employers wrote to her purporting to end her employment. In the letter they admitted that the termination was 'unlawful' (Spanish industrial law allows unlawful termination with financial compensation). She claimed that the te ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
EU Labour Law
European labour law regulates basic transnational standards of employment and partnership at work in the European Union and countries adhering to the European Convention on Human Rights. In setting regulatory floors to competition for job-creating investment within the Union, and in promoting a degree of employee consultation in the workplace, European labour law is viewed as a pillar of the "European social model". Despite wide variation in employment protection and related welfare provision between member states, a contrast is typically drawn with conditions in the United States. The European Union, under the Treaty on the Functioning of the European Union, article 153(1) is able to use the ordinary legislation procedure on a list of labour law fields. This notably excludes wage regulation and collective bargaining. Four main fields of EU regulation of labour rights include (1) individual labour rights, (2) anti-discrimination regulations, (3) rights to information, consultatio ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Disability
Disability is the experience of any condition that makes it more difficult for a person to do certain activities or have equitable access within a given society. Disabilities may be Cognitive disability, cognitive, Developmental disability, developmental, Intellectual disability, intellectual, mental disorder#Disability, mental, physical disability, physical, Sense, sensory, or a combination of multiple factors. Disabilities can be present from birth or can be acquired during a person's lifetime. Historically, disabilities have only been recognized based on a narrow set of criteria—however, disabilities are not binary and can be present in unique characteristics depending on the individual. A disability may be readily visible, or Invisible disability, invisible in nature. The United Nations Convention on the Rights of Persons with Disabilities defines disability as: Disabilities have been perceived differently throughout history, through a variety of different theoretical len ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Treaty Of Amsterdam
The Treaty of Amsterdam, officially the Treaty of Amsterdam amending the Treaty on European Union, the Treaties establishing the European Communities and certain related acts, was signed on 2 October 1997, and entered into force on 1 May 1999; it made substantial changes to the Treaty of Maastricht, which had been signed in 1992. Under the Treaty of Amsterdam, member states agreed to transfer certain powers from national governments to the European Parliament across diverse areas, including legislating on immigration, adopting civil and criminal laws, and enacting common foreign and security policy (CFSP), as well as implementing institutional changes for expansion as new member nations join the EU. Background The treaty was the result of long negotiations which began in Messina, Italy, on 2 June 1995, nearly forty years after the signing of the Treaty of Rome, and reached completion in Amsterdam on 18 June 1997. Following the formal signing of the Treaty on 2 October 1997, th ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Directive Establishing A General Framework For Equal Treatment In Employment And Occupation
The Equality Framework Directive''2000/78/ECis an EU Directive, and a major part of EU labour law which aims to combat discrimination on grounds of disability, sexual orientation, religion or belief and age in the workplace. It accompanies the Directive 2000/43/EC on equal treatment between persons irrespective of racial or ethnic origin and the Directive 2006/54/EC on equal treatment of men and women in matters of employment and occupation. It is implemented in the UK with the Equality Act 2010. Germany implemented the directive by creation of its General Act on Equal Treatment, (AGG). Background Since the Treaty of Amsterdam came into force in 1999, new EU laws, or Directives, have been enacted in the area of anti-discrimination. The Directive entered into force on 2 December 2000 and gave member states three years to transpose the Directive into law, with an additional three years for legislation in the area of age and disability. In Directive 2000/43/EC, there were two ex ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Medical Model Of Disability
The medical model of disability, or medical model, is based in a biomedical perception of disability. This model links a disability diagnosis to an individual's physical body. The model supposes that this disability may reduce the individual's quality of life and aims to diminish or correct this disability with medical intervention. It is often contrasted with the social model of disability. The medical model focuses on curing or managing illness or disability. By extension, the medical model supposes a "compassionate" or just society invests resources in health care and related services in an attempt to cure or manage disabilities ''medically''. This is in an aim to expand functionality and/or improve functioning, and to allow disabled persons a more "normal" life. The medical profession's responsibility and potential in this area is seen as central. History Before the introduction of the biomedical model, patients relaying their narratives to the doctors was paramount. Through ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Social Model Of Disability
The social model of disability identifies systemic barriers, derogatory attitudes, and social exclusion (intentional or inadvertent), which make it difficult or impossible for disabled people to attain their valued functionings. The social model of disability diverges from the dominant medical model of disability, which is a functional analysis of the body as a machine to be fixed in order to conform with normative values. While physical, sensory, intellectual, or psychological variations may result in individual functional differences, these do not necessarily have to lead to disability unless society fails to take account of and include people intentionally with respect to their individual needs. The origin of the approach can be traced to the 1960s, and the specific term emerged from the United Kingdom in the 1980s. The social model of disability seeks to redefine ''disability'' to refer to the restrictions caused by society when it does not give equitable social and structur ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Ad Geelhoed
Leendert Adrie "Ad" Geelhoed (12 November 1942 – 20 April 2007) was a Dutch professor, civil service worker, and Advocate-General of the European Court of Justice. Biography Geelhoed was born in 1942 in Vught, he finished his study of Dutch law at Utrecht University in 1970. He stayed on at the university for one year to work as a scientific employee for the Europe Institute. Geelhoed then moved to Luxembourg to work as an assistant for the Dutch judge André Donner at the European Court of Justice. In 1974 he returned to the Netherlands and became an advisor to the Ministry of Justice. In 1983 he took his role as advisor to a higher level when he became member of the Scientific Council for Government Policy. He worked for this institution until 1990. From 1985 to 1989 he also worked as a professor of European and economic law at the Erasmus University Rotterdam. In 1990 he became the Secretary-General, the highest civil servant, of the Ministry of Economic Affairs, in 1997 he t ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
European Court Of Justice
The European Court of Justice (ECJ, french: Cour de Justice européenne), formally just the Court of Justice, is the supreme court of the European Union in matters of European Union law. As a part of the Court of Justice of the European Union, it is tasked with interpreting EU law and ensuring its uniform application across all EU member states under Article 263 of the Treaty of the Functioning of the European Union (TFEU). The Court was established in 1952, and is based in Luxembourg. It is composed of one judge per member state – currently – although it normally hears cases in panels of three, five or fifteen judges. The Court has been led by president Koen Lenaerts since 2015. The ECJ is the highest court of the European Union in matters of Union law, but not national law. It is not possible to appeal against the decisions of national courts in the ECJ, but rather national courts refer questions of EU law to the ECJ. However, it is ultimately for the national court ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Treaty Establishing The European Community
The Treaty of Rome, or EEC Treaty (officially the Treaty establishing the European Economic Community), brought about the creation of the European Economic Community (EEC), the best known of the European Communities (EC). The treaty was signed on 25 March 1957 by Belgium, France, Italy, Luxembourg, the Netherlands and West Germany, and it came into force on 1 January 1958. Originally the "Treaty establishing the European Economic Community", and now continuing under the name "Treaty on the Functioning of the European Union", it remains one of the two most important treaties in what is now the European Union (EU). The treaty proposed the progressive reduction of customs duties and the establishment of a customs union. It proposed to create a single market for goods, labour, services, and capital across member states. It also proposed the creation of a Common Agriculture Policy, a Common Transport Policy and a European Social Fund and established the European Commission. The ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Community Charter Of The Fundamental Social Rights Of Workers
The Community Charter of the Fundamental Social Rights of Workers (9 December 1989) is a principles-based charter of human rights that apply specifically to the workforce in the European Union. It is used as an interpretative aid by the Court of Justice of the European Union in construing the meaning of legislation and developing case law. It was initially drafted in 1989. All member states have adopted the text. (Initially, the United Kingdom under Margaret Thatcher's government did not adopt the charter, but the UK subsequently adopted the Charter in 1998). Contents *articles 1-3, free movement of workers *articles 4-6, freedom to choose employment, for fair remuneration, with access to free job placement services *articles 7-10, improvement of working conditions, rest time, paid annual leave, stipulated by law, collective or individual agreement *article 10, right to social protection and adequate social security, and adequate social assistance *articles 11-14, freedom of asso ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Americans With Disabilities Act
The Americans with Disabilities Act of 1990 or ADA () is a civil rights law that prohibits discrimination based on disability. It affords similar protections against discrimination to Americans with disabilities as the Civil Rights Act of 1964, which made discrimination based on race, religion, sex, national origin, and other characteristics illegal, and later sexual orientation and gender identity. In addition, unlike the Civil Rights Act, the ADA also requires covered employers to provide reasonable accommodations to employees with disabilities, and imposes accessibility requirements on public accommodations. In 1986, the National Council on Disability had recommended the enactment of an Americans with Disabilities Act (ADA) and drafted the first version of the bill which was introduced in the House and Senate in 1988. A broad bipartisan coalition of legislators supported the ADA, while the bill was opposed by business interests (who argued the bill imposed costs on business) ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Convention On The Rights Of Persons With Disabilities
The Convention on the Rights of Persons with Disabilities is an international human rights treaty of the United Nations intended to protect the rights and dignity of persons with disabilities. Parties to the convention are required to promote, protect, and ensure the full enjoyment of human rights by persons with disabilities and ensure that persons with disabilities enjoy full equality under the law. The Convention serves as a major catalyst in the global disability rights movement enabling a shift from viewing persons with disabilities as objects of charity, medical treatment and social protection towards viewing them as full and equal members of society, with human rights. The convention was the first U.N. human rights treaty of the twenty-first century. The text was adopted by the United Nations General Assembly on 13 December 2006, and opened for signature on 30 March 2007. Following ratification by the 20th party, it came into force on 3 May 2008. As of April 2022, it ha ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
