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Human Rights in Practice

Disabled people report high levels of harassment worldwide, often based on intersectional characteristics such as race, gender and age. However, while #MeToo and #BlackLivesMatter have highlighted ongoing experiences of sexual and racial harassment, disability harassment has received little attention.

This book focuses on legal measures to combat disability harassment at work. It sets disability harassment in its international context, including its human rights framework, and confronts the lack of empirical information by evaluating the Irish legal framework in practice.

It explores the capacity of the law to address intersectional harassment, particularly that faced by disabled women, and outlines the barriers to effective legal solutions.

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the Elimination of All Forms of Discrimination against Women (CEDAW), the Convention on the Elimination of All Forms of Racial Discrimination (CERD) and regional instruments, such as the European Convention on Human Rights (ECHR) and the Protocol to the African Charter on Human and People’s Rights on the Rights of Women in Africa (the Maputo Protocol). The chapter then focuses particularly on the Convention on the Rights of Persons with Disabilities (CRPD), the Framework Employment Directive (FED) in the European Union (EU) 1 and the recent ILO Violence and

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This chapter outlines the social and legal context for disability harassment in Ireland. It highlights similarities between disability harassment rates in Ireland and internationally, and outlines the key legal provisions on disability harassment at work contained in the Employment Equality Acts 1998–2021. The chapter argues that, while Irish law complies with European Union requirements under the Framework Employment Directive, it fails to satisfy the requirements of the Convention on the Rights of Persons with Disabilities in relation to intersectional discrimination.

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One also highlights the connections between disability harassment and other characteristics, and explains the importance of intersectional approaches to discrimination. Chapter Two outlines the human rights framework for addressing disability harassment, focusing particularly on the United Nations (UN) Convention on the Rights of Persons with Disabilities (CRPD) and, in the European Union (EU) context, the Framework Employment Directive (FED), 8 with additional attention to the recent International Labour Organization (ILO) Violence and Harassment Convention

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