Reasonable accommodations, proportionality and the role of the judge.

The central concept of this research project is the duty to make "reasonable accomodations". It is a legal obligation that originated in the USA and has found its entry into our legal system through a European Directive. It requires employers and other people to whom it applies to take the necessary measures to attenuate the hindrances people with disabilities face. Examples are: lowering thresholds, changing work schedules, supplying language interpreters etc. Courts struggle with this concept because the legislature gave little guidance as to how it is to be applied. As a result of this, a disabled person often does not receive the protection he is entitled to. The goal of this project is to find a workable interpretation of this duty in order to substantiate the obligation that already exists. On the one hand, attention will be paid to the equality concepts underlying disability discrimination law in different countries. On the other hand, legal practice and theory concerning this duty in Canada, the USA, South Africa and the Netherlands will be studied. This research project will result in normative conclusions that will have relevance for the Flemish, Belgian and European legal order.

Keywords:Judge's role, Proportionality, Equality, Disability, Reasonable accomodations

Disciplines:Law