The European Social Charter and EU Anti-discrimination Law in the Field of Disability: Two Gravitational Fields with One Common Purpose

This chapter explores the synergy that currently exists and can be further developed between the Council of Europe and the European Union (EU) in order to secure the full and equal enjoyment of all human rights for persons with disabilities. More specifically, it explores the complementarity between the existing case law of the European Social Charter (ESC) and the future potential of the Framework Employment Directive on the ground of disability. The chapter argues that the EU, now that it has introduced legislation dealing with disability discrimination in employment, could learn from the ESC's human rights approach to defining disability and from its understanding of the notion of 'reasonable accommodation' as simply an adjustment of the non-discrimination norm to meet the circumstances of persons with disabilities.