Publications

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

List of Publications

Work Package 1 – Experiential

D. Ferri and A. Leahy (2021) ‘The Right of People with Disabilities to Participate in Cultural Life: Is Cinderella Going to the Ball?‘, in S. Robinson & K. R. Fisher (eds) Research Handbook on Disability Policy (Edward Elgar, forthcoming 2023), available at SSRN: https://ssrn.com/abstract=4165588

A. Leahy and D. Ferri (2022) ‘The right to participate in cultural life of persons with disabilities in Europe: Where is the paradigm shift?‘, Alter (online), Article in pre-publication as of 28/7/22. Available at http://journals.openedition.org/alterjdr/989

D. Ferri, A. Leahy, N. Šubic and L. Urzel (2022) ‘Implementing the Right of People with Disabilities to Participate in Cultural Life across Five European Countries: Narratives and Counternarratives’, Journal of Human Rights Practice,  DOI: https://doi.org/10.1093/jhuman/huac035

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

Work Package 2 – Normative

N. Šubic, and D. Ferri (2022) ‘Characterizing Access to Culture for People with Disabilities in EU Cultural Policy: European Identity, Market integration and Social Inclusion‘, DPCE Online, [S.l.], 52(2). Available at: http://www.dpceonline.it/index.php/dpceonline/article/view/1611

N. Šubic and D. Ferri (2022) ‘National disability strategies as rights-based cultural policy tools‘, International Journal of Cultural Policy, DOI: http://doi.org/10.1080/10286632.2022.2053960

N. Šubic, (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 18(1):59-81. DOI: http://doi.org/10.1017/S1574019622000037 

The Right of People with Disabilities to Participate in Cultural Life: Is Cinderella Going to the Ball?

by Delia Ferri and Ann Leahy

Abstract

Article 30 of the UN Convention on the Rights of Persons with Disabilities (CRPD) requires States Parties to ensure accessibility of cultural materials, activities and heritage. It also obliges them to ‘enable persons with disabilities to have the opportunity to develop and utilize their creative, artistic and intellectual potential’, highlighting the need for appropriate policies to enhance cultural participation of persons with disabilities. The chapter argues that Article 30 CRPD plays a pivotal role in the realization of the ‘human rights model of disability’ embedded in the Convention. By examining States Parties’ reports, related Lists of Issues and Concluding Observations of the Committee on the Rights of Persons with Disabilities, the chapter detects trends, challenges, and gaps in States’ approaches to cultural rights of persons with disabilities. It then discusses new paths to operationalizing the human rights model of disability in the cultural field.

Read full article: The Right of People with Disabilities to Participate in Cultural Life: Is Cinderella Going to the Ball?

Citation

D. Ferri and A. Leahy (2021) ‘The Right of People with Disabilities to Participate in Cultural Life: Is Cinderella Going to the Ball?‘, in S. Robinson & K. R. Fisher (eds) Research Handbook on Disability Policy (Edward Elgar, forthcoming 2023), available at SSRN: https://ssrn.com/abstract=4165588

The right to participate in cultural life of persons with disabilities in Europe: Where is the paradigm shift?

by Ann Leahy and Delia Ferri

Abstract

The UN Convention on the Rights of Persons with Disabilities (CRPD) is associated with a paradigm shift in how disability is approached, as it views persons with disabilities as holders of rights and as active members of society. It aims to ensure that people with disabilities are fully included in communal life, and, in Article 30, addresses participation in culture. This research article focuses on the implementation of Article 30, investigating whether there is evidence of the paradigm shift underpinning the CRPD in how cultural participation is approached by States Parties. Focusing on Europe and on the basis of a systematic qualitative document analysis of States’ reports to the Committee on the Rights of Persons with Disabilities and recommendations made by the Committee in response to them, this article shows that the medical model of disability still underpins cultural participation. Signs of a paradigm shift are, however, evident in the way States address accessibility and identities of some groups. Physical access to buildings and heritage is a prominent issue, and awareness of the need to facilitate access to cultural content is emerging. This article concludes that full realisation of the paradigm shift in the cultural domain, while being essential to achieve full inclusion of persons with disabilities, is yet to come.

Read full article: The right to participate in cultural life of persons with disabilities in Europe: Where is the paradigm shift?

Citation

A. Leahy and D. Ferri (2022) ‘The right to participate in cultural life of persons with disabilities in Europe: Where is the paradigm shift?’, Alter (online), Article in pre-publication as of 28/7/22. Available at http://journals.openedition.org/alterjdr/989

Characterizing Access to Culture for People with Disabilities in EU Cultural Policy: European Identity, Market integration and Social Inclusion

by Neža Šubic and Delia Ferri

Abstract

This article discusses the emergence of access to culture for people with disabilities, among other underrepresented audiences, as an integral part of the EU ‘explicit’ cultural policy, and identifies and analyses its underlying justifications. It posits that this emerging disability dimension is not only linked to the implementation of the UN Convention on the Rights of Persons with Disabilities (CRPD), but can be traced back to the three main overarching functions of EU cultural policy, i.e. European identity building, market integration and social inclusion.

Read full article: Characterizing Access to Culture for People with Disabilities in EU Cultural Policy: European Identity, Market integration and Social Inclusion

Citation

N. Šubic, and D. Ferri (2022) ‘Characterizing Access to Culture for People with Disabilities in EU Cultural Policy: European Identity, Market integration and Social Inclusion’, DPCE Online, [S.l.], 52(2). Available at: http://www.dpceonline.it/index.php/dpceonline/article/view/1611

Implementing the Right of People with Disabilities to Participate in Cultural Life across Five European Countries: Narratives and Counternarratives

by Delia Ferri, Ann Leahy, Neža Šubic and Léa Urzel

Abstract

The UN Convention on the Rights of Persons with Disabilities is a ground-breaking treaty that constitutes persons with disabilities as holders of rights and active members of society, and encompasses civil, political, economic, social and cultural rights. Article 30 of the Convention provides for the right of persons with disabilities to participate in cultural life. The importance of this provision lies in its detailed normative content, and also in that it sheds a light on the need for appropriate policies and practices that enhance cultural participation of persons with disabilities. By investigating the extent to which Article 30 of the Convention has been implemented across five European states (Austria, the Netherlands, Poland, Portugal, Sweden), this article identifies common narratives and counternarratives related to the realization of the right to participate in cultural life. It adopts a socio-legal approach and a blended methodology combining desk-based and empirical research. It contrasts official narratives, which highlight good practices and steps taken to improve access to culture, with counternarratives that reveal a fragmentary approach to cultural participation of persons with disabilities, persisting barriers, limited recognition of artists with disabilities, and the perpetuation of stigma and stereotypes.

Read full article: Implementing the Right of People with Disabilities to Participate in Cultural Life across Five European Countries: Narratives and Counternarratives Delia Ferri, Ann Leahy, Neža Šubic and Léa Urzel

Citation

D. Ferri, A. Leahy, N. Šubic and L. Urzel (2022) ‘Implementing the Right of People with Disabilities to Participate in Cultural Life across Five European Countries: Narratives and Counternarratives’, Journal of Human Rights Practice,  DOI: https://doi.org/10.1093/jhuman/huac035

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

N. Šubic and D. Ferri (2022) ‘National disability strategies as rights-based cultural policy tools’, International Journal of Cultural Policy, DOI: http://doi.org/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

N. Šubic, (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 18(1):59-81. DOI: http://doi.org/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

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