Publications

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Here you will find links to all the publications from project DANCING.

National Disability Strategies as Rights-based Cultural Policy Tools

by Neža Šubic and Delia Ferri

Abstract

A growing attention to cultural participation of people with disabilities has been propelled by the entry into force of the UN Convention on the Rights of Persons with Disabilities (CRPD). Being strictly connected to the implementation of the CRPD, the focus on cultural participation of people with disabilities has accrued outside the remit of national cultural policy. This article carries out a thematic analysis of national disability strategies across 27 Member States of the European Union plus the UK and explores the extent to which these strategies can be considered rights-based cultural policy tools. It identifies four themes recurring across those strategies: enhancing accessibility of cultural heritage, cultural institutions and cultural content; supporting persons with disabilities as creators of culture; awareness-raising about cultural participation of persons with disabilities; and protecting disability identity and culture. It then discusses the measures linked to these themes that national disability strategies adopt. On the whole, this article argues that national disability strategies can be, to varying degrees, considered cultural policy tools, and display significant rights-based elements. It concludes with reflections on the broader implications of those findings for cultural policy.  Read full article by Neža Šubic and Delia Ferri

Citation

Neža Šubic & Delia Ferri (2022) National disability strategies as rights-based cultural policy tools, International Journal of Cultural Policy, DOI: 10.1080/10286632.2022.2053960

Challenging the Use of EU Funds: Locus Standi as a Roadblock for Disability Organisations: ECJ Order of 15 April 2021, Case C-622/20 P, Validity and Center for Independent Living v Commission

by Neža Šubic

On 15 April 2021, in Case C-622/20 P, Validity and Center for Independent Living v Commission, the European Court of Justice dismissed the appeal to the order of the General Court, T-613/19 in which the General Court found inadmissible the action for annulment lodged by three non-governmental organisations that defend and represent persons with disabilities, due to a lack of legal standing. The succinct order of the Court of Justice is prima facie in line with previous case law and does not seem to offer any noteworthy developments in the jurisprudence. However, the decision is relevant because, whilst it consolidates previous case law, it is the first case brought by a non-governmental organisation seeking to ensure the use of EU funding in line with the rights of persons with disabilities, as protected by the UN Convention on the Rights of Persons with Disabilities (UN Convention) and the EU Charter of Fundamental Rights (the Charter). As such, it offers a stark illustration of how the restrictive interpretation of the rules on locus standi for non-privileged applicants, as set out in Article 263(4) TFEU, and the accompanying reliance (and rhetoric) on ‘a complete system of legal remedies’ by the Court of Justice, further perpetuates the systemic and structural inequalities faced by persons with disabilities in EU member states. Read full article by Neža Šubic.

Citation

Šubic, N. (2022). Challenging the Use of EU Funds: Locus Standi as a Roadblock for Disability Organisations: ECJ Order of 15 April 2021, Case C-622/20 P, Validity and Center for Independent Living v Commission. European Constitutional Law Review, 1-23. doi:10.1017/S1574019622000037

Barriers and Facilitators to Cultural Participation by People with Disabilities: A Narrative Literature Review

by Ann Leahy and Delia Ferri

Article 30 of the UN Convention on the rights of Persons with Disabilities obliges States Parties to ensure accessibility of cultural goods, services and heritage and to adopt measures enabling persons with disabilities to utilize their artistic potential. However, people with disabilities experience barriers to engagement in cultural life as audiences and as creators. This article presents a narrative literature review that classifies barriers and facilitators to cultural participation identified in previous studies. It does so under five headings: (1) lack of effective/adequate legislation, policies and legal standards; (2) lack of funding and/or of adequate services; (3) negative attitudes; (4) lack of accessibility; (5) lack of consultation with, and involvement of, persons with disabilities in cultural organisations. This provides a novel contribution to the state of art by synthesising findings from different yet related fields. It forms the basis for future multi-method research addressing barriers to participation in culture. Read full article by Ann Leahy and Delia Ferri.

Citation

Leahy A, Ferri D. Barriers and Facilitators to Cultural Participation by People with Disabilities: A Narrative Literature Review. Scandinavian Journal of Disability Research. 2022;24(1):68–81. DOI: http://doi.org/10.16993/sjdr.863