Periodic Reporting for period 2 - DANCING (Protecting the Right to Culture of Persons with Disabilities and Enhancing Cultural Diversity through European Union Law: Exploring New Paths)
Período documentado: 2022-03-01 hasta 2023-08-31
The right of people with disabilities to participate in cultural life - which encompasses the rights of access to, and to be involved in cultural activities, as well as the recognition of disability identities, such as Deaf culture – has been long denied. This cultural exclusion of disabled people has engendered their marginalisation. It has also entailed a loss for society as a whole, because of the lack of cultural diversity resulting from an inaccessible and exclusionary cultural realm. DANCING investigates the extent to which the protection of the right to take part in culture of people with disabilities and the promotion of cultural diversity intersect and complement each other in the European Union (EU) legal order. It uses a combination of legal, empirical and arts-based research to pursue three complementary objectives. First, it identifies and categorises barriers and facilitators to cultural participation experienced by disabled people and how they affect the wider cultural domain. Secondly, it provides a normative exploration of how the EU has used and can use its competence to combat discrimination and its supporting competence on cultural matters, in synergy with its wide internal market powers, to ensure the accessibility of cultural activities, to promote disability identities, while achieving cultural diversity. In doing so, it bridges the implementation of the UN Convention on the Rights of Persons with Disabilities (CRPD) and the UNESCO Convention on the Protection and Promotion of the Diversity of Cultural Expressions. Thirdly, it aims to advance the understanding of the legal concept of cultural diversity, which stems from the intersection of different sources of law, and aims to propose a new theorization of the promotion of cultural diversity within the EU legal order. Each of these objectives corresponds to a dedicated Work Package (WP). Those research WPs are complemented by a cross cutting WP focusing on the dissemination of project results, and on ensuring its societal impact. The project commenced in September 2020 and its envisaged duration is 60 months.
Up until month 30 (M30), the legal, empirical, and arts-based research has progressed in line with the envisaged project timeline and has led to academic publications presenting interim results. Further, to ensure broad dissemination of these results, a range of outputs geared towards a wider audience has been deployed. Those include blogs, infographics, comics, and cartoons.
Under WP1, the Principal Investigator (PI) in conjunction with her team conducted an extensive literature review to map barriers and facilitators to cultural participation of people with disabilities. This has been complemented by data gathered from an extensive systematic review of reports of States Parties to the UN Committee on the Rights of Persons with Disabilities (CRPD Committee) as well as Lists of Issues and Concluding Observations of the CRPD Committee. This desk-based research was accompanied by the analysis of empirical data stemming from 2 focus groups and 63 interviews with representatives of umbrella organisations of people with disabilities, national organisations of Deaf people, and organisations working on disability and arts, drawn from 27 European Union (EU) Member States and the UK. This empirical research is complemented by arts-based research which revolves around the creation of an accessible performance of contemporary dance by an inclusive dance company (Stopgap Dance Co.). Data were gathered through observation of the creation process at different junctures, direct participation in the training alongside dancers, as well as interviews with dancers, choreographers, producers and collaborators of Stopgap. As of M30, the choreographic piece created for the DANCING project was performed in studio as “work-in-progress”. Specific feedback on this choreographic piece was gathered through a survey to gauge an understanding of exclusionary features for audience and performers.
Extensive legal doctrinal research was conducted within the remit of WP2. Between M1-M12, this research focused on the interplay between EU and national disability policies, paying particular attention to national disability strategies across the 27 EU Member States and the UK. From M6, the PI and her team researched EU cultural policy, to understand the extent to which the right to cultural participation of persons with disabilities is protected and promoted by such policy. Furthermore, the PI investigated the way in which diverse pieces of EU legislation interact, overlap and complement each other in promoting cultural participation of persons with disabilities, and discussed the current and future role of Article 114 of the Treaty on the Functioning of the European Union in furthering accessibility of cultural goods and services. An analysis of the 2018 Audiovisual Media Services Directive was also conducted to assess the extent to which it aligns with the obligations provided for in the CRPD.
Further, the legal research conducted under WP2 has interrogated the normative foundations of EU disability law as a field of enquiry. The findings of this research support the pursuit of the theoretical objective under WP3.
Under WP1, the Principal Investigator (PI) in conjunction with her team conducted an extensive literature review to map barriers and facilitators to cultural participation of people with disabilities. This has been complemented by data gathered from an extensive systematic review of reports of States Parties to the UN Committee on the Rights of Persons with Disabilities (CRPD Committee) as well as Lists of Issues and Concluding Observations of the CRPD Committee. This desk-based research was accompanied by the analysis of empirical data stemming from 2 focus groups and 63 interviews with representatives of umbrella organisations of people with disabilities, national organisations of Deaf people, and organisations working on disability and arts, drawn from 27 European Union (EU) Member States and the UK. This empirical research is complemented by arts-based research which revolves around the creation of an accessible performance of contemporary dance by an inclusive dance company (Stopgap Dance Co.). Data were gathered through observation of the creation process at different junctures, direct participation in the training alongside dancers, as well as interviews with dancers, choreographers, producers and collaborators of Stopgap. As of M30, the choreographic piece created for the DANCING project was performed in studio as “work-in-progress”. Specific feedback on this choreographic piece was gathered through a survey to gauge an understanding of exclusionary features for audience and performers.
Extensive legal doctrinal research was conducted within the remit of WP2. Between M1-M12, this research focused on the interplay between EU and national disability policies, paying particular attention to national disability strategies across the 27 EU Member States and the UK. From M6, the PI and her team researched EU cultural policy, to understand the extent to which the right to cultural participation of persons with disabilities is protected and promoted by such policy. Furthermore, the PI investigated the way in which diverse pieces of EU legislation interact, overlap and complement each other in promoting cultural participation of persons with disabilities, and discussed the current and future role of Article 114 of the Treaty on the Functioning of the European Union in furthering accessibility of cultural goods and services. An analysis of the 2018 Audiovisual Media Services Directive was also conducted to assess the extent to which it aligns with the obligations provided for in the CRPD.
Further, the legal research conducted under WP2 has interrogated the normative foundations of EU disability law as a field of enquiry. The findings of this research support the pursuit of the theoretical objective under WP3.
DANCING has explored barriers operating in all art forms as well as in cultural heritage, and encompassed participation of people with a broad range of disability types both as audience and as creators of culture. This is unprecedented. Previous research either focused on specific art forms, or specific disability types, or regarded a limited number of venues or organisations. Focus tended to be on audience with disabilities. Barriers to cultural creation received very limited attention. The literature review conducted within the project has highlighted the knowledge gaps that DANCING is filling. In fact, the interim findings of DANCING advance the state of the art, evidencing that a range of interlinked barriers are commonly perceived by people with disabilities across Europe in five areas – lack of effective laws and policies; inadequate services and/or funding; negative attitudes; lack of accessibility; and lack of involvement of persons with disabilities in cultural organisations. Pan-European trends and patterns have been observed. We expect that publication of the final findings will provide a comprehensive mapping and discussion of barriers and facilitators to cultural participation and strengthen the cross-disciplinary approaches to the right to culture of persons with disabilities. In this respect, the project will also provide valuable resources to national governments, EU institutions, and civil society at large, on how to facilitate cultural participation of persons with disabilities, combining its academic impact with enduring societal significance.
DANCING has also contributed to shaping and advancing EU disability law as a stand-alone academic field within the broader remit of EU law. By the end of the project, DANCING is expected to make a significant and distinctive contribution to disability law scholarship.
Finally, expected results at the end of the project will connect prescriptive notions of disability and cultural diversity in the EU legal order in an unprecedented way. The new theoretical framework on cultural diversity that will be produced under WP3 (due to start in M48) aims to be used in subsequent projects to support new research questions.
DANCING has also contributed to shaping and advancing EU disability law as a stand-alone academic field within the broader remit of EU law. By the end of the project, DANCING is expected to make a significant and distinctive contribution to disability law scholarship.
Finally, expected results at the end of the project will connect prescriptive notions of disability and cultural diversity in the EU legal order in an unprecedented way. The new theoretical framework on cultural diversity that will be produced under WP3 (due to start in M48) aims to be used in subsequent projects to support new research questions.