The Sustainable Development Goals (SDGs) aspire to “leave no-one behind”. Universal access to assistive products is a critical link between the realization of the SDGs and those most likely to be left behind. However, assistive technology provision in many countries, particularly low- and middle-income countries, has traditionally been conducted through small-scale local providers, manufacturing products of varying degrees of quality at a limited price range. An effective way to scale these production and provision enterprises to the required level is needed to close the gap between available and required assistive technology. We argue that better access to assistive technology will only be realized through the adoption of a far stronger systems thinking and market shaping approach. We undertook a rapid literature review to explore the relationship between market shaping and assistive technology. Based on our review, we present an emergent framework for conceptualizing intersections between systems thinking and market shaping for assistive technology—the SMART (Systems-Market for Assistive and Related Technologies) Thinking Matrix.
In this first textbook on international and European disability law and policy, Broderick and Ferri analyse the interaction between different legal systems and sources. Guided by the global legal standards of the CRPD, students are equipped with the necessary background on disability, and are given a comprehensive overview of the legal and policy frameworks on disability. The narrative maintains the balance between theory and practice, focusing on the legal framework and challenges in the realm of policy-making, and ensuring that students are aware of current legal debates and controversial issues in the field. Accommodating different learning styles, the book employs a range of accessible features which include learning outcomes for each chapter, problem questions, group activities, extracts from legal debates and more. Including case studies and examples from around the world, this book has a truly global perspective, suitable for introductory and advanced modules in law departments, as well as interdisciplinary courses.
Despite the drawbacks and the challenges highlighted by several scholars, Information and Communication Technology (ICT), in particular the World Wide Web, has the potential to foster social inclusion of people with disabilities. The UN Convention on the Rights of Persons with Disabilities (UNCRPD), which entered into force in 2008, has illuminated the role technology can play as a tool to promote the human rights of people with disabilities, and their participation and inclusion in society. The UNCRPD has also conceptualized ICT accessibility as a precondition for the enjoyment of rights, prompting a series of reforms in domestic legal frameworks globally and in the European Union (EU). Against this background, this article aims to address the role played by the EU in fostering "digital inclusion", and critically evaluates relevant EU policies and legal rules, locating them within the broader realm of the implementation of the UNCRPD. It pays particular attention to Directive 2016/2102 on the accessibility of the websites and mobile applications of public sector bodies, as well as on the proposal for a European Accessibility Act (EAA). It attempts to show that, while the EU has thus far played an extremely important role in fostering web accessibility, many remaining obstacles must be eradicated to fully ensure access to the web to people with disabilities. This article adopts a doctrinal legal research methodology and is primarily concerned with the analysis of relevant legal rules and related scholarship. In addition, it is informed by a socially-oriented understanding of disability and builds upon the multifaceted and multidisciplinary literature on disability and technology.
In 2014, the European Joint Procurement Agreement (JPA) was introduced as an innovative instrument to organise the procurement of vaccines and medications in preparation for pandemics. An overriding purpose of the JPA is to secure equitable and cost-effective access to medical supplies for participating EU Member States during serious health crises. This article aims to understand the current use of the JPA in response to the COVID-19 pandemic. Post-analysis of the recent use of the JPA, the article will discuss how the regional procurement mechanism can be strengthened to support the development of a European Health Union. In particular, the article will firstly question whether the four recent JPA procurement actions facilitated equitable access to medical supplies and services. Secondly, it will ask whether the centralised procurement actions preserved the integrity of the Internal Market. The importance and originality of this study are that it addresses an instrument, the JPA, which has been largely overlooked by legal scholars, and it explores how the provisions for the joint procurement of medical countermeasures as included in Article 5 of Decision 1082/2013/EU on serious cross-border threats to health could be extended to support the functioning of a European Health Union.
Reflecting the commitments undertaken by the EU through the conclusion of the United Nations Convention on the Rights of Persons with Disabilities (UNCRPD), the European Disability Strategy 2010-2020 not only gives a prominent position to accessibility, broadly interpreted, but also suggests an examination of the obligations for access to cultural goods and services. The European Disability Strategy 2010-2020 expressly acknowledges that EU action will support national activities to make sports, leisure, cultural and recreational organizations and activities accessible, and use the possibilities for copyright exceptions in the Directive 2001/29/EC (Infosoc Directive). This article discusses to what extent the EU has realized the principle of accessibility and the right to access cultural goods and services envisaged in the UNCRPD. Previous research has yet to explore how web accessibility and digitization interact with the cultural dimension of disability policy in the European Union. This examination attempts to fill this gap by discussing to what extent the European Union has put this cultural dimension into effect and how web accessibility policies and the digitization of cultural materials influence these efforts.
This article discusses the role of EU State aid law in the COVID-19 crisis. It contends that different Treaty derogations have played unique roles in addressing the core determinants of the economic risk linked to the pandemic - i.e. the “exposure” to lockdown measures and the “vulnerability” of certain sectors to them - and in increasing the resilience of national economies. Moreover, this article discusses the extent to which EU State aid law has also been used to manage and mitigate health risks, by allowing Member States to enhance the preparedness and capacity of their healthcare sector (broadly conceived) to respond to the pandemic. On the whole, this article maintains that State aid control has been used by the European Commission as an important “risk management tool”, and highlights the role of the Commission as the crisis-management authority.
The UN Convention on the Rights of Persons with Disabilities (CRPD) explicitly embeds the concept of reasonable accommodation within the principle of non-discrimination. Article 2 of the CRPD unambiguously recognizes that reasonable accommodation is vital in enabling persons with disabilities to enjoy and exercise their rights on an equal basis with others. This article argues that in the ten years since its entry into force, the CRPD has stimulated a process of cross-fertilization. In particular, it contends that the CRPD has played a crucial role in the advancement of disability equality, and in the recognition of reasonable accommodation as a gateway to the equal enjoyment of all human rights within the European human rights system. By adopting a legal perspective and a traditional doctrinal approach, this article focuses on relevant European Court of Human Rights (ECtHR) case law. It shows the gradual adoption by the ECtHR of the concept of reasonable accommodation as an essential element to remove specific barriers or disadvantages to which a particular disabled individual would otherwise be subject. The primary emphasis of this short article is on the ECtHR case law and on the extent to which it has translated the CRPD and the work of the CRPD Committee into the European human rights system.
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