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Interdiction de la discrimination, droit d'accès et aménagements raissonables : le point sur les droits des personnes en situation de handicap en Suisse (Morgane Ventura)

In Switzerland, disabled people have received protection in recent years through the Convention on the Rights of Persons with Disabilities (CRPD). However, Swiss practice has lost track of the different types of rights that exist. European case law is not helpful as it blurrs the line between the right of access and the right to accommodation. This article defines these rights, explains the differences and analyses Swiss and European case law to understand when and how these two rights apply to disabled people. In addition to this analysis, the article also focuses on structural discrimination and reasonable accommodation as a new way to fight discrimination in general. It is indeed necessary to recall the importance of protection against discrimination in order to propose a coherent reflexion on these issues and a better understanding and application of protection for disabled people.