EU social rights in a (post-)pandemic era: Peering through the lens of disability and vulnerability

Crises throughout the European Union (EU), including the COVID-19 pandemic, have created unprecedented challenges to the enjoyment of the socio-economic rights in the Charter of Fundamental Rights of the EU (CFR) and the European Pillar of Social Rights. This holds true especially for marginalized groups, including persons with disabilities. The EU institutions adopted legal, policy and budgetary initiatives, to mitigate the socio-economic impact of the pandemic on EU citizens, including those with disabilities. This chapter examines the role and position of social rights in the case law of the Court of Justice of the European Union (CJEU), as well as in relevant EU policy, legislative and budgetary initiatives. It then explores the implications of the pandemic on the rights of persons with disabilities with respect to a range of socio-economic rights protected under EU law. Furthermore, it examines the extent to which the EU institutions adopted a human rights-based approach in relation to persons with disabilities in dealing with the COVID-19 pandemic. Finally, it assesses the potential impact of the European Health Union in reinforcing its crisis preparedness in accordance with the principle of ‘building back better’.