The contingency reserve as a barrier to the implementation of the conventional right to reasonable accommodation for people with disabilities

Abstract

The concept of reasonable accommodation is highlighted in the International Convention on the Rights of Persons with Disabilities as one of its foundational principles, essential in guiding the entire normative system of protection for this group at the international level, with the primary mission of ensuring various forms of accessibility. Since it is an inherently service-oriented right, reasonable accommodation conflicts with the shield of the “contingency reserve” theory. Thus, this paper aims to reflect on the clash between the right to reasonable accommodation for persons with disabilities and its contrast with the contingency reserve. A bibliographic method is adopted through a review of specialized literature on both subjects. Among the findings and conclusions reached, it is possible to state that the contingency reserve indeed constitutes a barrier to the realization of the right to accessibility for persons with disabilities, but this does not eliminate the public administration's duty to provide adequate spaces for this group.