Enforcing the rights and freedoms of disabled people: the role of transnational law (Part II)

In Part I of this article we examined the actual and potential application of global international law (GIL) to the development of rights and freedoms for people with disabilities. We concluded that there is currently no binding and accessible GIL instrument that specifically relates to this group. Instead, an emphasis was placed upon those instruments that have a generic application to human rights and a clear potential application to the protection of disability rights primarily through their provisions relating to non-discrimination. Moreover, we stressed that the instruments of GIL also have the potential to provide an indirect benefit to disabled people as tools of influence and persuasion in the development of non-discrimination and affirmative action empowerment programmes at both a national and international level. In Part II, we apply a similar analysis to the opportunities offered by European international law (EIL).