Disability discrimination because of denial of “reasonable accommodations”: a very positive connection between the ECHR and the UNCRPD in Çam v. Turkey

This guest post was written by Joseph Damamme, PhD student at the Centre of European Law of the Université libre de Bruxelles (Belgium) and member of the Equality Law Clinic.

The Strasbourg Court recently delivered a significant judgment on the inclusion of students with disabilities in the field of (non-compulsory) education. Çam v. Turkey (ruling only in French for the time being) concerns a person who was refused enrolment at the Music Academy because of her blindness.

In this judgment, the ECtHR examines the issue of discrimination (art. 14 ECHR) under several dimensions. Indeed, in addition to the prohibition of discrimination, attention is focused on the importance of positive steps to ensure that students with disabilities are provided education on a non-discriminatory basis. In this vein, the ECtHR states that the denial of reasonable accommodations is a form of discrimination under article 14 ECHR. As far as we can ascertain, this is a statement that had never been expressed so clearly by the Strasbourg Court.

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