{"title":"Autistic Persons in the Labour Market in the Light of ECtHR Case-law","authors":"Maciej Oksztulski, Maciej Perkowski, Wojciech Zoń","doi":"10.1163/18719732-bja10113","DOIUrl":null,"url":null,"abstract":"The European acquis on the protection of human rights is indisputable. This also applies to the case-law of the European Court of Human Rights. However, this acquis is not extensive enough to cover all the problems Europeans have. The aim of this article is to establish the status quo in the area of anti-discrimination against persons on the autism spectrum in the labour market, taking into account the related Strasbourg jurisprudence in question, as a starting point for potential proceedings (in this area) before the European Court of Human Rights. Currently, the body of doctrine in this area is not extensive, and the increasing number of diagnosed cases of autism may in the future necessitate a deeper reflection on the guarantees provided by international law. The article will generally characterise autism, discuss ECtHR jurisprudence relating to persons with disabilities and (briefly) the right to work, discuss the labour market participation of persons on the autism spectrum in selected countries as a challenge to jurisprudence, and present a conclusion.","PeriodicalId":43487,"journal":{"name":"International Community Law Review","volume":"26 6","pages":""},"PeriodicalIF":0.4000,"publicationDate":"2023-11-22","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":"0","resultStr":null,"platform":"Semanticscholar","paperid":null,"PeriodicalName":"International Community Law Review","FirstCategoryId":"1085","ListUrlMain":"https://doi.org/10.1163/18719732-bja10113","RegionNum":0,"RegionCategory":null,"ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":null,"EPubDate":"","PubModel":"","JCR":"Q3","JCRName":"LAW","Score":null,"Total":0}
引用次数: 0
Abstract
The European acquis on the protection of human rights is indisputable. This also applies to the case-law of the European Court of Human Rights. However, this acquis is not extensive enough to cover all the problems Europeans have. The aim of this article is to establish the status quo in the area of anti-discrimination against persons on the autism spectrum in the labour market, taking into account the related Strasbourg jurisprudence in question, as a starting point for potential proceedings (in this area) before the European Court of Human Rights. Currently, the body of doctrine in this area is not extensive, and the increasing number of diagnosed cases of autism may in the future necessitate a deeper reflection on the guarantees provided by international law. The article will generally characterise autism, discuss ECtHR jurisprudence relating to persons with disabilities and (briefly) the right to work, discuss the labour market participation of persons on the autism spectrum in selected countries as a challenge to jurisprudence, and present a conclusion.
欧洲在保护人权方面的成就是无可争辩的。这也适用于欧洲人权法院的判例法。然而，这种收购还不足以涵盖欧洲人面临的所有问题。本文的目的是确立劳动力市场上反歧视自闭症患者领域的现状，同时考虑到相关的斯特拉斯堡判例，作为欧洲人权法院(European Court of Human Rights)在这一领域进行潜在诉讼的起点。目前，这一领域的理论体系并不广泛，而且越来越多的自闭症诊断病例将来可能需要对国际法提供的保障进行更深入的反思。这篇文章将概括地描述自闭症的特征，讨论欧洲人权法院与残疾人和(简要地)工作权有关的判例，讨论某些国家自闭症患者参与劳动力市场对判例的挑战，并提出结论。
期刊介绍：
The Journal aims to explore the implications of various traditions of international law, as well as more current perceived hegemonic trends for the idea of an international community. The Journal will also look at the ways and means in which the international community uses and adapts international law to deal with new and emerging challenges. Non-state actors , intergovernmental and non-governmental organisations, individuals, peoples, transnational corporations and civil society as a whole - have changed our outlook on contemporary international law. In addition to States and intergovernmental organizations, they now play an important role.
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