Social Structures – Ideas in ALL

Remote Work as Reasonable Accommodation: Insights from Italian and Irish Case Law

Author: Giulia Sberna – PhD candidate in Public administration and innovation for disability and social inclusion at the University of Palermo and University of Campania “L. Vanvitelli”; Visiting PhD Researcher at the School of Law and Criminology & the ALL Institute.

Research Stream: Social Structures

The new millennium has been characterised by the adoption of advanced technologies and new organisational models hat have transformed the work environment. In this new employment context, “flexibility” has become a buzz word: flexibility characterises job roles, but also the places where work is carried out, which have moved beyond the traditional confines of factories and public offices and into digital spaces, made possible by the use of the Internet and other ICT tools.

Remote working has thus become a symbol of this transformation, representing an innovative alternative to traditional organisational models. It has not only supported a better work-life balance, but has also opened up new opportunities for those who have historically faced greater barriers in accessing employment, particularly persons with disabilities. While it is not without drawbacks, remote working has provided a concrete means of overcoming mobility-related barriers and accessing job opportunities on a more equal footing, encouraging active participation in the workplace. This blog post reflects on recent Italian case law, which has begun to conceive of remote working as a typical form of reasonable accommodation. In doing so, the blog aims to offer some reflections that may spur a debate on strengths and pitfalls of remote working in other jurisdictions.

As established internationally by Article 2 of the UN Convention on the Rights of Persons with Disabilities (2006) (CRPD) and, at European level, by Article 5 of Directive 2000/78/EC, reasonable accommodation encompasses all modifications – whether to the environment or to job duties – that allow a person with a disability to work under conditions of equal opportunity. In this context, telework, smart working and remote working can be seen as appropriate and effective solutions, provided they are tailored to the specific needs of the individual worker.

The Italian Court of Cassation, in its recent judgment no. 605 of 10 January 2025, expressly recognised that remote working can indeed constitute a form of reasonable accommodation. As a result, the employer is obliged to provide it, unless they prove that such arrangement would impose an excessive or disproportionate burden on them.

The case in question concerned a worker with severe visual impairment who had requested to perform his duties remotely. The employer refused, arguing that internal company policy excluded remote working for that type of role. The Court of Cassation, after affirming that the principle of identifying reasonable accommodation to ensure equal treatment for persons with disabilities applies in the field of employment protection, considered the employer’s conduct discriminatory. In light of these considerations, the Supreme Court recognised the worker’s right to work remotely, clarifying that reasonable accommodations may be established through mutual agreement and, in cases of dispute, it is for the judge of first instance to determine the most suitable solution to protect the rights of worker with disability.

Therefore, the ruling of the Court of Cassation establishes a fundamental legal principle that may guide future disputes and contribute to strengthening the right of workers with disabilities to fair and non-discriminatory treatment. In fact, including remote working within the broad category of reasonable accommodations has the inherent effect of classifying an employer’s refusal to offer such working arrangements as a form of discrimination.

This Italian case might prove a source of inspiration for other jurisdictions. In Ireland, the employment rate of persons with disabilities is one of the lowest in Western Europe. According to reports from the National Disability Authority (NDA), many are unaware of the existence of the Reasonable Accommodation Fund, which is designed to support businesses in adopting these measures. The report “Reasonable Accommodations: Obstacles and Opportunities” describes a reality where clear internal policies are often lacking, and where concerns about costs or complex procedures discourage the implementation of inclusive measures. Yet, Irish courts had already embraced a broad notion of reasonable accommodation in the significant Nano Nagle School v. Daly (2019) decision. In that decision the Supreme Court recognised that measures such as reduced working hours, job modification, or redistribution of tasks can fall under reasonable accommodation, provided they are compatible with the effective functioning of the organisation. This approach aligns with the views expressed by the Court of Justice of the European Union in HK Danmark and subsequent case law.

At this juncture it is important to appreciate the strengths of remote work, which as EFC Remote Working Report 2021 showed, can enhance flexibility and autonomy for many people with disabilities. Yet this remote working has revealed some critical issues, including social isolation among workers with disability, reduced visibility within the organisation, limited access to assistive technologies, and the lack of adequate facilities for home-based work. Thus, it would be important to implement a working model that alternates between remote and on-site work. For example, through the creation of public and shared co-working spaces designed to encourage social interaction, collaboration among colleagues, and access to appropriate technological tools.

In conclusion, Italy has initiated a significant legal reflection on the role and pitfalls of remote working for persons with disabilities, one that is likely to influence both the European and international legal framework with the view to expanding protection for workers with disabilities.

Giulia standing beside screen where she gave a talk. The talk title shows on the screen 'Reasonable accommodation for workers with disabilities: challenges in digital environment

Breaking Barriers: New Tools to Make Culture More Accessible

Research Stream: Social Structures

Authors: Elodie Makhoul & Alessia Palladino, Research Assistants, ERC DANCING, Maynooth University

On Thursday, 13 March 2025, the ERC DANCING Project published two complementary outputs, a Toolkits for Cultural Organisations and a Resource List, both geared at cultural organisations and professionals in the Cultural and Creative Sector (CCS). These outputs aim to support the CCS in advancing cultural participation of people with disabilities, both as audience and professionals.

These outputs contribute to DANCING’s overarching aim of challenging the cultural exclusion often faced by people with disabilities and advancing cultural diversity and inclusivity across the European Union (EU). In particular, the Toolkit and the Resource List aim to raise awareness about barriers faced by persons with disabilities in the cultural domain and to highlight how cultural organisations can ensure inclusion and accessibility and ultimately inspire societal change.

The deployment and publication of this Toolkit and Resource List stem from DANCING’s empirical research and from a close collaboration with persons with disabilities and cultural professionals.

One of the main reasons underpinning the publication of these outputs is the recurring ‘loss’ of good practices. The empirical research undertaken in DANCING showcases that one of the challenges often faced by cultural organisations is that good practices developed remain isolated and often are ‘forgotten’. This happens because good practices are developed within distinct projects and are discontinued at the end of the project, or rely on the distinct expertise of certain employees, artists or cultural workers, and run their course following the exit or retirement of such experts. Further, while there are several good practices across the EU, there is no mutual learning. These outputs aim to address and counter these challenges and to provide guidance and useful information to cultural organisations, with a view to support the creation of a community of practice and the sharing of breakthrough practices.

DANCING Logo

The Toolkit is dedicated to support cultural organisations in their inclusivity journey towards ensuring greater accessibility in cultural spaces and enhancing diversity. The Toolkit provides cultural organisations with key information and recommendations to improve and advance the inclusion and cultural participation of people with disabilities in the CCS both as professionals and as an audience. This Toolkit raises awareness and improves the reader’s understanding of what facilitates cultural participation of people with disabilities and how to foster cultural diversity. It also presents all the preliminary information required to successfully develop an accessible and inclusive disability policy. By prioritising accessibility and inclusion, cultural organisations can reflect the inherent diversity of society, and reimagine the cultural landscape to fully involve people with disabilities both as audience and cultural professionals.

The second output is a non-exhaustive Resource List showcasing existing initiatives improving the cultural participation of people with disabilities as well as the relevant fundings making these efforts possible, both at the EU level and at the local level in all the EU Member States and in the UK. This Resource List developed by DANCING complements the Toolkit. By highlighting relevant projects, initiatives, toolkits, reports and other resources produced by other projects or organisations advancing the cultural participation of people with disabilities, it aims to foster collective learning and knowledge sharing. Further, this Resource List can also support a better understanding of suitable funding streams which could enhance inclusion of people with disabilities in the CCS.

Advancing the cultural participation of people with disabilities requires reaching a large and diverse body of stakeholders, from cultural institutions to organisations of persons with disabilities and from policymakers to civil society. Hence, DANCING has developed tailored tools and resources designed to meet the specific needs of various stakeholders who have the potential to contribute to greater inclusion. By customising tools and strategies for each of these stakeholders, DANCING hopes to support the development of meaningful change that is both practical and impactful. The Toolkit for Cultural Organisations and the Resource List are developed within DANCING’s objective of creating ‘Tools for Change’. While DANCING – as an ERC funded project – has primarily a scholarly focus, it has also developed tools addressed to a wider audience. This approach aligns with research findings that highlight the importance of raising awareness of academic blue-sky scholarship (Linden, 2008) and of ‘democratising’ academic advancements. This approach also aligns with the ethos of the UN Convention on the Rights of Persons with Disabilities and ensures that people with disabilities can reap the benefits of cutting-edge research.

On the whole, these ‘Tools for Change’ developed by DANCING advance the dissemination and enhance the impact of the project, reaching specific stakeholders and ultimately improving the right to cultural participation for people with disabilities.

Ending ‘Disabling Cities’ through Human-Centred Urban Living: A Closer Look at the ‘15th European Union (EU) Access City Awards Ceremony’

Research Stream: Social Structures

Author: Matthew McKenna, PhD Researcher at Maynooth University’s Assisting Living and Learning (ALL) Institute, Research Funded through the Science Foundation of Ireland (SFI) Centre for Research Training in Advanced Networks for Sustainable Societies (ADVANCE CRT)

Friday 29^th November 2024 witnessed the announcement of the winning contending cities for the 15^th ‘EU Access City Awards Ceremony’ (Access City Award 2025). With the launch of the EU Access City Awards in 2010 during the first year of the European Disability Strategy 2010-2020, the EU took an initial but important step towards a more accessible future for all, irrespective of age, mobility or disability. The European Commission (hereinafter referred to as the ‘Commission’) in coordination with the European Disability Forum, created the Access City Award to “reward cities that have prioritised accessibility for persons with disabilities”.

The website of the Commission states that the “Access City Award recognises and celebrates a city’s willingness, ability and efforts to become more accessible, in order to:

Guarantee equal access to fundamental rights;
Improve the quality of life of its population and ensure that everybody – regardless of age, mobility or ability – has equal access to all the resources and pleasures cities have to offer”.

The United Nations (UN) Department of Economic and Social Affairs argues that ‘persons living with disabilities are often the poorest and most vulnerable in cities today’. Indeed, while cities in the twenty-first century are experiencing rapid growth as populations shift from rural dwellings to urban areas in search of employment and greater economic prosperity, increased costs of living alongside inaccessible urban planning, transport infrastructure and architecture, render most cities inaccessible and inundated with hazards for persons with disabilities. Furthermore, cities around the world are experiencing rapid gentrification and rising costs of living, therefore increasing the socio-economic disadvantages that are often experienced by persons with disabilities as a vulnerable demographic.

Although remote working and increased employment prospects in the cyber domain have arguably aided developed countries in creating further career opportunities for persons with disabilities, such initiatives are still in their infancy and are largely confined to the most economically developed states. In the contemporary era, cities around the planet are largely representative of the concept of the ‘disabling city’. Inaccessible built environments can contribute to traditional aspects of ableist social, economic and political marginalisation which often leads to the exclusion of persons with disabilities from cultural, public and private life. As such, the rallying cry and core ethos of ‘nothing about us without us’ in civic policy is even more difficult for people with disabilities to achieve when the architectures of modern cities remain hostile, marginalizing, and hazardous to their person.

In conjunction with the challenges posed by ableist architecture in contemporary global cities, ableism often intersects with ageism in city life as urban renewal and regeneration projects can contribute to rising costs and increased gentrification. This threatens the ability of older adults to ‘age in-place’ in an environment where they may have spent their entire lives. In turn, this can result in older adults, including those with disabilities, falling below the poverty line. Rapid technological progress and the exponential growth of high-tech computational industries over the past decades has led to increasing levels of marginalisation and unfamiliarity with changes to urban dwelling among a significant proportion of older adults. On 29^th September 2015, the ‘United Nations Independent Expert on the Enjoyment of all Human Rights by Older Persons’, Rosa Kornfeld-Matte, said:

“We need to re-think our cities. Over 900 million older persons will be living in cities across the world by 2050, but our cities are not fit for this global demographic revolution”.

The Commission provides an overview of the values that underpin the Access City Award, encouraging cities to address these new age challenges, specifically by describing it as a ceremony for, “recognising cities that have worked to become more accessible for their citizens”.It is an EU initiative that:

Recognises efforts by cities to become more accessible
Promotes equal access to urban life for people with disabilities
Allows local authorities to promote and share their best practices

Additionally, commonplace modalities and trajectories of urban development are often decided by economic requirements in the form of accommodating big businesses, heavy goods traffic, tourism, rapid mobility and regular transport for millions of people; profit and business comprise the historic approach that engenders traditional urban development. The Commission provides the following definition of a ‘Smart City’:

“A smart city is a place where traditional networks and services are made more efficient with the use of digital solutions for the benefit of its inhabitants and business”.

As such, while the future of urban development and the advent of the Smart City has brought humanity to the cusp of a new epoch, it is only through inclusivity and an emphasis on a human-centred approach that cities will become fully inclusive of all, irrespective of age or ability. As UN Secretary General, António Guterres, said on World Cities Day on October 31^st 2020:

“When urban communities are engaged in policy and decision making, and empowered with financial resources, the results are more inclusive and durable. Let’s put our communities at the heart of the cities of the future”.

It is therefore imperative that the principle of ‘nothing about us without us’ underpins the future of urban planning and development alongside the creation of Smart Cities and that the UN, EU and international civil society work together to achieve significant consensus on accessible smart cities and build a mutual understanding that the future of urban environments will be wholly inclusive. People with disabilities are entitled to a leading role and an active voice in the design and development of modern, inclusive, accessible and high-tech built environments.

The European Accessibility Act and the EU ‘Marrakesh Package’: Will We Still Need the Marrakesh Directive and Regulation in June 2025?*

Research Stream: Social Structures

Author: Delia Ferri, Principal Investigator, Protecting the Right to Culture of Persons with Disabilities and Enhancing Cultural Diversity in EU Law: Exploring New Paths (DANCING)

The adoption of the Marrakesh Treaty to Facilitate Access to Published Works for Persons Who Are Blind, Visually Impaired, or Otherwise Print Disabled (Marrakesh Treaty) by the World Intellectual Property Organisation (WIPO) on 27 June 2013 has been heralded as historic and groundbreaking by scholars, policy makers and disability activists alike. In fact, the Marrakesh Treaty is the first treaty entirely based on exceptions to copyright, and the first WIPO treaty to address the rights of persons with print disabilities to access cultural material.

In a nutshell, the Marrakesh Treaty requires Parties to enact a copyright exception in their national legislation to facilitate the availability of works in accessible format copies for the benefit of blind persons, visually impaired people, persons with a perceptual or reading disability and those who are ‘otherwise unable, through physical disability, to hold or manipulate a book or to focus or move the eyes to the extent that would be normally acceptable for reading; that cannot access effectively printed material’. Enthusiasm has also surrounded the EU ratification of the Marrakesh Treaty and the ensuing adoption of the so-called ‘Marrakesh Package’, which is comprised of Directive (EU) 2017/1564 and of Regulation (EU) 2017/1563. However, approximately seven years after the adoption of the Marrakesh package, its usefulness and timeliness has been called into question. Alongside its inherent limitations, already commented upon in previous articles, the coming to effect (in June 2025) of accessibility requirements provided for in the Directive (EU) 2019/882 on the accessibility requirements for products and services, better known as European Accessibility Act (EAA), has raised doubts as to whether the Marrakesh Package has still a role to play in supporting access to printed material for persons with disabilities. This blog post briefly highlights, on foot of previous research and qualitative interviews conducted within the remit of the project DANCING, funded by the European Research Council, why the EAA and the Marrakesh Package need to be seen as complementary, and pieces of what I have elsewhere called the ‘accessibility jigsaw’.

Professor Delia Ferri smiling and wearing black

The ‘Marrakesh Package’ in a Nutshell

The Marrakesh Directive, widely commented upon by copyrights scholars, introduces a mandatory exception to the harmonised rights of authors, empowering beneficiaries (i.e. people who are blind, have a visual impairment, people that have a perceptual or reading disability and people who are otherwise unable, due to a physical disability, to hold or manipulate a book or to focus or move their eyes to the extent that would be required for reading) and authorised entities (AEs) to convert a printed work into an accessible format without prior authorisation of the copyright holder. In substance, the Marrakesh Directive allows, without prior authorization of the copyright holder, conversion of existing printed material (books, newspapers, magazines, sheet music, and related illustrations and any other kind of written works, regardless of the media in which they are made available) in accessible formats (e.g. the creation of an audiobook from a printed volume) and the reproduction of accessible format copies (making additional copies of books in Braille). The Regulation, which is complementary to the Directive, provides for a copyright exception allowing for the cross-border exchange between EU Member States and Non-EU Member States who are party to the Marrakesh Treaty of accessible format copies of certain works that are ordinarily protected by copyright.

The EAA and Accessibility of Printed Material

Without engaging in the technicalities of the EAA, which I have commented on generally in an article published in the European Law Review in 2020, for the purpose of this brief blog, it suffices to highlight that it provides for a wide obligation for publishers to address accessibility concerns ex ante and produce accessible e-books. In fact, it has been highlighted that, when it comes to ebooks ‘the EAA is very thorough’ as it ‘takes into account the whole value chain from book production to consumption’. Although the EAA was enacted in 2019 and should have been transposed by the Member States by 2022, accessibility obligations will come into effect from 28 June 2025.

The EAA and the Marrakesh Package

The imminent coming into effect of EAA accessibility obligations has prompted some publishers to suggest that, in fact, the Marrakesh Directive in particular has lost, at least partially, its relevance. The Fédération des Editeurs européens highlights that the EAA is “a game changer in terms of the commercial availability of accessible books” and the enhanced availability of commercially available accessible copies should prompt for a careful approach in terms of disability copyright exceptions which should be reflected in any revision. The Fédération des Editeurs européens suggests that AEs should be able to “focus even more on cooperation with stakeholders, to avoid duplication and conflict with the commercial exploitation” of works, and similar arguments are put forward by the French Publishers Association (SNE). However, as highlighted in the recent “Study to support the evaluation of Directive (EU) 2017/1564 and of Regulation (EU) 2017/1563, which implement into EU law the Marrakesh Treaty to Facilitate Access to Published Works for Persons Who Are Blind, Visually Impaired, or Otherwise Print Disabled”, the EAA and the Marrakesh Package diverge in their material and personal scope and do not clash or overlap. The EAA in fact will improve availability of ‘born-accessible’ works. However, it will only cover one format, that of e-books, and only apply to works published in digital formats after the cut-off date of 28 June 2025. Notably, the EAA has also a different personal scope than the Marrakesh Package. While the EAA covers people with disabilities, meaning that ebooks will need to be accessible to all people with disabilities (not just people with print disabilities). Further, given that the EAA does not apply to micro-enterprises, it substantially exempts small publishing houses from its obligations.

The qualitative research conducted in the DANCING project from the perspective of organisation of persons with disabilities further highlights that the EAA, in spite of its importance to support access of people with disabilities to printed material, neither diminishes nor hampers the relevance of the Marrakesh exception to copyright, which needs to be applied consistently. In particular, qualitative data collected through 10 semi-structured interviews with umbrella disability organisations active at the EU level – designed, deployed and conducted between June 2023 and January 2024[1] – revealed the need to fully and consistently apply the Marrakesh copyright exception and confirmed the importance of the Marrakesh Treaty and of the EU legislation transposing it. A thematic analysis ‘a la’ Braun and Clarke, unveiled that persons with disabilities do see the Marrakesh package as ‘one of the key initiatives from the EU on access to culture for persons with disabilities’ (NGO/OPD_1). One participant further added:

we have heard from certain industry that since now we have the European Accessibility Act that maybe the Marrakesh Treaty is not needed and that is entirely not true… Because I mean even if the Accessibility Act cover ebooks, which are important for access to culture obviously and education, this doesn’t mean that the Marrakesh Treaty is not needed… [by contrast it is essential] to have accessible formats specifically designed for persons with disabilities such as braille, ebooks, DAISY, you know, easy to read books etc. So we see that some industry players are using the Accessibility Act to say, hey now the Marrakesh Treaty is not needed anymore. And that is obviously not true… (NGO/OPD_1)

Another interviewee suggested that

…the [Marrakesh Package] have had a very significant impact and not even fully felt yet …. and I know we have been working a lot with national organisation[s] for blind people… around access to increasing access to alternative formats and … with […] publishers around making books accessible in alternative formats so if you need a digital version that you can listen to with your text to speech that you can get that really easily and quickly. Which is, I think, such a transformation from the past (NGO/OPD_9)

This tallies with the consideration that digital publishing is still relatively underdeveloped and uneven across the EU. Thus, regardless of the different scope of the two acts, the Marrakesh package is also perceived as essential because of existing accessibility shortcomings in the publishing.As one interviewee suggested that ‘[n]ot all the industries are on top of things when it comes to accessibility…’ (NGO/OPD_6). Interviewees also confirmed, in line with previous research, that the Marrakesh Package has stimulated access to, and enhanced availability of, printed material in accessible formats. Such impact is destined to remain even after June 2025.

*This blog post is a short dissemination output of the project entitled ‘Protecting the Right to Culture of Persons with Disabilities and Enhancing Cultural Diversity through European Union Law: Exploring New Paths – DANCING’ which commenced in September 2020 (https://ercdancing.maynoothuniversity.ie/). This project has received funding from the European Research Council (ERC) under the European Union’s Horizon 2020 research and innovation programme (Grant Agreement No 864182). It reflects only the author’s views and does not necessarily reflect those of the European Union or the ERC. I am grateful to Dr. Ann Leahy and Ms Eva Krolla for their support in the data collection process and in carrying out the interviews. I also wish to acknowledge with thanks the contributions of interview participants.

[1] The project encompassed a wide set of interviews. This particular dataset comes from 10 interviews with representatives of umbrella non-governmental organisations (NGOs) working on disability issues at the EU level and organisations of people with disabilities (OPDs). For the purpose of this research, OPDs were identified according to the definition proffered by the CRPD Committee in its General Comment No. 7. The CRPD Committee ‘considers that organizations of persons with disabilities should be rooted, committed to and fully respect the principles and rights recognized in the Convention. Ethical approval was obtained by the relevant Maynooth Ethics Committee.

The Big Race: Artificial Intelligence and Healthy Ageing

Research stream: Social Structures

Author: Ilia Marcev, PhD Candidate at the Department of Psychology, Maynooth University, and a Research Assistant with the ALL Institute’s SHAPES Project

Unless your internet connection has been as unreliable as the weather forecast, or you were marooned on a desert island over the past few weeks, there is a strong chance you heard of the alleged “alien” bodies discovered in Mexico recently. While this strange discovery made international news, it drew very poor engagement and attention from the average UFO-enthusiast, let alone the average person like you and me. I believe it is fair to say that ten years ago this story would have exploded like a supernova across the internet, but today, the majority of people seem rather unconcerned with this novel development in humanity’s timeline. I can only speculate that the reason the world is unconcerned with potentially discovering our Martian neighbours is because, as exciting as alien intelligent life may sound, we are likely far closer to discovering new intelligent life here on Earth that would rival our own. This new intelligence is better known as – Artificial Intelligence (A.I.).

UN International Day of Older Persons, 1st October: Time to Discuss a United Nations Convention on the Rights of Older Persons

Social Structures

Author: Matthew McKenna, PhD Researcher at Maynooth University’s Assisting Living and Learning Institute (ALL), Research Funded through the Science Foundation of Ireland (SFI) Centre for Research Training in Advanced Networks for Sustainable Societies (ADVANCE CRT)

‘The disability convention should accelerate the trend underway in most corners of the world toward respecting and advancing the rights of persons with disabilities. It will reinforce reform efforts underway in many countries. It will help put in place a dynamic of reform in those countries that have yet to begin a serious reform effort’ (Quinn, as cited in Quinn and Waddington ed., 2009, p. 114).

The above quote from Quinn and Waddington was made in the aftermath of the entry into force of the United Nations Convention on the Rights of Persons with Disabilities (CRPD/Convention) in 2008. Their prediction proved to be correct as the CRPD provided a global framework for the advancement of human rights for and by, persons with disabilities, and helped to bolster existing frameworks for legal and policy reform efforts. It also helped to usher in new multilateral initiatives and strategic programmes to tackle disability discrimination and was intended to foster inclusion and human rights for all people irrespective of age or disability status. Whilst its implementation is still very much a work in progress, the CRPD proved to be a pivotal legal and policy instrument of international law by highlighting the discriminatory and inaccessible nature of modern society, thus raising the question of a need for a UN Convention on the Rights of Older People. On 1^st October, the UN International Day of Older Persons, this proposed convention is worthy of serious discussion and renewed consideration.

Climate Change Litigation: Emerging Trends and Implications

Social Structures

Author: Firdavs Kabilov, PhD Fellow at the Maynooth University School of Law and Criminology, Maynooth University

Climate change has become a defining global challenge, with far-reaching implications for the governments and businesses. As the urgency to address climate change increases, novel avenues are being explored to catalyse action. One such avenue is climate litigation, a strategy that seeks to hold governments and businesses accountable for their contributions to climate change. The United Nations Environment Programme’s latest report Global Climate Litigation Report: 2023 Status Review shows that climate change-related lawsuits have substantially increased in recent years. As of December 2022, there were 2,180 climate-related cases filed in 65 jurisdictions, including international and regional courts. This brief post will focus on some of the most recent and notable cases to highlight emerging trends on climate change litigation and their impact on government policies and business practices.

Understanding the Role of Language and Discourse in Dynamics of Power and Discrimination

Social Structures

The mission and work of the Assisting Living and Learning (ALL) Institute implements a novel, inclusive, and human-rights based perspective on ‘the development and application of appropriate technologies, person-centred systems and evidence-based policies and laws’. This highly complex and entangled web of social, legal, scientific and philosophical disciplines requires the skills and input from persons and professionals from a hugely diverse array of fields, who all share the common unifying goal of promoting a human-rights based approach to social inclusion, development and technological integration in society. Inclusive social policies and laws play a critical role in ensuring the equitable realisation of these goals. However, in order to challenge and disassemble discriminatory power structures supported by non-inclusive laws and policies inherited from an often problematic and segregated human history, it is imperative that future decisions are made with ‘eyes wide open’ to the role of humanitarian and inclusive discourse. These goals can only be achieved with social awareness and utmost caution to the powers of discourse, and through an understanding of how past wrongs can be repeated when there is collective ignorance towards the immense social influence and symbolic force wielded by language and social interaction.

“Every discourse, even a poetic or oracular sentence, carries with it a system of rules for producing analogous things and thus an outline of methodology”(Jacques Derrida, 1995)

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