The legal protection of persons with mental health problems under non-discrimination law: Understanding disability as defined by law and the duty to provide reasonable accommodation in European Union Member States

Summary:

This report is the second publication from the legal study carried out in the context of the European Union Agency for Fundamental Rights' (FRA) project on the ‘Fundamental rights of persons with intellectual disabilities and persons with mental health problems'.

The report examines how disability is defined in international and European law and then explores the obligation to provide reasonable accommodation as contained in international and European standards. The report's findings show that in almost all EU Member States non-discrimination legislation does indeed protect persons with mental health problems. In most cases persons with mental health problems also benefit from reasonable accommodation measures, or other protection measures, in the employment context. The report concludes by presenting examples where legislation extends the duty to provide reasonable accommodation to other areas.

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