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This paper looks at the UN Convention on the Rights of Persons with Disabilities and the tension between ‘reasonable accommodation’ for persons with disabilities and ‘disproportionate or undue burden’ for those who need to provide the accommodation. The paper does so through the lens of experiences with Australian legislation, which includes similar terms; ‘different accommodation or services’ and ‘unjustifiable hardship’ respectively. The paper examines a landmark decision in Australia to identify the consequences that result for the kind of economic analyses that are able to identify what accommodation is ‘reasonable’ and what burden is ‘disproportionate or undue’.
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