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Social Regulation in the Air Transport Industry – An Examination of Regulation 1107/2006 concerning the Rights of Disabled Persons and Persons with Reduced Mobility when travelling by Air

Varney, Eliza

Authors



Abstract

The regulation of the air transport industry has implications for individuals not just in their capacity as consumers, but also as citizens. Transport goes beyond the mere provision of an economic service and enables us to be actively involved in economic and social life. It is, therefore, surprising that in the current framework for regulating the air transport industry, economic regulation seems to have the predominant voice, while social regulation is not given significant emphasis. Regulation 1107/2006 concerning the rights of disabled persons and persons with reduced mobility (PRM) when travelling by air appears to redress the balance in favour of social regulation. In Recital 1, the measure emphasises the citizenship rights of disabled persons and PRM. Yet, the provisions of the Regulation fail to reflect the tone of the preamble. The provisions make no reference to the need to respect the dignity of disabled persons and PRM. Instead, the measures concentrate on the provision of services to disabled persons and PRM, and on ensuring that airline operators do not discriminate against these passengers. This paper suggests that by failing to make any specific reference to “dignity” in the body of the Regulation, the measure does not protect effectively the values inherent in the notion of citizenship, such as equality of citizenship. By providing a framework in which airlines are required to refrain from discriminating on the basis of disability and age, the EU does not necessarily succeed in promoting equality.

Citation

Varney, E. (2007). Social Regulation in the Air Transport Industry – An Examination of Regulation 1107/2006 concerning the Rights of Disabled Persons and Persons with Reduced Mobility when travelling by Air. Zeitschrift für Rechtssoziologie, 28(2), 191-201. https://doi.org/10.1515/zfrs-2007-0208

Journal Article Type Article
Online Publication Date Mar 12, 2016
Publication Date Nov 1, 2007
Deposit Date Feb 17, 2023
Journal Zeitschrift für Rechtssoziologie
Print ISSN 0174-0202
Electronic ISSN 2366-0392
Publisher Lucius and Lucius Verlagsgesellschaft
Peer Reviewed Peer Reviewed
Volume 28
Issue 2
Pages 191-201
DOI https://doi.org/10.1515/zfrs-2007-0208
Keywords Equality, Persons with disabilities, Persons with reduced mobility, Airlines, Social Regulation.
Public URL https://nottingham-repository.worktribe.com/output/17386614
Publisher URL https://www.degruyter.com/document/doi/10.1515/zfrs-2007-0208/html