Edição V. 8 - N. 14 - Jan/2011
Reasonable Accommodation: The New Concept from an Inclusive Constitutional Perspective
The UN Convention on the Rights of Persons with Disabilities, now part of the Brazilian Constitution of 1988, introduced new concepts and approaches into Brazilian Law. This article intends to define and discuss the concepts of reasonable accommodation and undue burden, offering suggestions for a constitutionally adequate and useful interpretation of these new legal norms. Consequently, research was conducted regarding such concepts and their complexities as treated in other legal systems, particularly those that have featured them for some time. An interpretive proposal is then formulated, addressing conclusions and results primarily obtained by eliminating some interpretations adopted in other countries. The conclusion reached is that reasonable accommodation is made possible and effective through measures for the inclusion of people with disabilities, which are obtained through a process of dialogue between the parties involved. The duty to accommodate is limited by the concept of undue or disproportionate burden, comprised of various elements, for which the burden of proof lies with the party whose duty it is to accommodate.
Original in Portuguese. Translated by Barney Whiteoak.
Received in February 2011. Accepted in May 2011.
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