ENIL is active in the FRA (The European Union Agency for Fundamental Rights) and supports the research the FRA is conducting. The FRA launched a report on ‘The legal protection of persons with mental health problems under non-discrimination law’ in October.
The publication analysed how national and international non-discrimination legislation and case law defines “disability” and the consequences of this for the “duty to provide reasonable accommodation” for people with disabilities in employment.
The findings of the comparative legal research showed that people with mental health problems in the EU can benefit from the prohibition of discrimination on the grounds of disability under EU law.
The research also looked at the duty to provide reasonable accommodation in employment for people with mental health problems. This means, for example, that an employer should consider the needs of employees to enable them to work, such as adapting working hours or some conditions. According to the report, in most EU Member States people with mental health problems can benefit from such “reasonable accommodation” measures at work. Furthermore, some EU Member States are extending these rights to other areas of daily life, such as education and the provision of goods and services, in line with international standards, such as the UN Convention on the Rights of Persons with Disabilities. Such countries includeBelgium,Bulgaria, theCzech Republic,Ireland, theNetherlands,Spainand theUnited Kingdom.
The FRA recommended that other Member States consider the examples given providing even more comprehensive protection.
The FRA is looking at conducting research on the actual experiences of people with mental health problems and people with intellectual disabilities. The results of this research will be made available in 2012. You can find out more about the FRA disability research on the FRA website.
Please find the link to the report mentionned above and web statement: