Resumen de The role of soft law in advancing the rights of persons with disabilities in the EU: A ‘hybridity’ approach to EU disability law
This article discusses the role of soft law in advancing the rights of persons with disabilities in theEuropean Union (EU). In doing so, it revisits the emergence of the standalone, yet cross-cutting, fieldof‘EU disability law’through the lens of the‘hybridity theory’advancedinter aliaby Trubek andTrubek. Being speculative in nature, this article construes EU disability law as a fruitful area for anenquiry into the dynamic relationship between hard and soft law. Until the entry into force of theTreaty of Amsterdam, soft law was crucial to attract disability within the sphere of action of the EUand to embed the social model of disability, displaying a value-setting role. In the post-Amsterdamperiod, soft law and hard law coexisted, being complementary to one another. Both contributed to acommon objective, namely that of advancing equality of opportunities for persons with disabilities.After the conclusion of the UN Convention on the Rights of Persons with Disabilities, the dynamicrelationship between hard and soft law has become more complex and akin to what Trubek andTrubek define as‘transformation’.
