Professor Gerard Quinn has shared with ENIL a legal memorandum, entitled “Segregation and segregated facilities as a prima facie form of discrimination: the impermissibility of using the ESIF to invest monies in long term care residential institutions for persons with disabilities”.
This memo represents the considered views of an independent group of eminent legal academics from around Europe and internationally about the interpretation of the European Structural and Investment Funds (ESI Funds) Regulations. It advances the argument that segregated or separate treatment – especially where it leads to institutions – is a prima facie form of discrimination prohibited under international law as well as in EU law. It counters the often cited argument that ESI Funds investment in institutions is allowable to ‘improve’ living conditions. And it is essential reading for anyone concerned about the future shape of the ESI Funds Regulations.
The authors come from Lund University & the Wallenberg Institute, Maastricht University, Leeds University, Trinity College Dublin, Harvard Law School and NYU.
ENIL considers this memo a useful tool for anyone advocating against using ESI Funds for the building or renovation of institutions (of any size) for disabled people
To read the memo, please click here.