Chapter 3: Disability in the EU Charter of Fundamental Rights
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This chapter aims to discuss the extent to which the Charter of Fundamental Rights (CFR or Charter) of the European Union (EU) has contributed to the protection of the rights of persons with disabilities. It focuses on selected articles of the Charter, which have been referred to by national courts, in their requests for preliminary rulings to the Court of Justice of the EU (CJEU), as a ground for judicial review of EU legislation, and/or have been used by the CJEU as an aid to the interpretation of EU secondary law. Following a brief overview of the Charter and its scope of application, the chapter examines the extent to which Articles 21 and 26 CFR have contributed to enhancing equality and participation of disabled people in society. It goes on to briefly engage with Article 4 CFR, on the prohibition of torture and inhuman or degrading treatment or punishment, which is relevant in the context of asylum. Finally, it discusses the role of Article 6 CFR, on the right to liberty and security of the person, in preventing arbitrary detention in psychiatric hospitals.

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