Persons with Disabilities and Their Right to Fly

Abstract:     
Beginning the year of 2008, a landmark ruling was issued by the Canadian Transportation Agency (CTA): the decision ordered some carriers to adopt a “one person-one fare” policy for persons with severe disabilities who travel within Canada by air. The rule provided the airlines a one-year period for the implementation of the new policy. Such decision was unsuccessfully challenged before a Canadian Federal Court and the Supreme Court of Canada. Hence, the rule became effective as of January 10, 2009. This article analyzes this decision, as well as the legislation in force in the European Union and the United States addressing the rights of air passengers with disabilities. It is also included a brief commentary on the pertaining rules contained in Annex 9 of the Chicago Convention and the most relevant and recent jurisprudential developments in this matter are summarized. In addition, the possibility of adoption of a similar regulation in other countries and some nuances derived of the construction and implementation of the Canadian regulation are presented.

Keywords: persons with disabilities, discrimination, One person-One fare Policy, Canadian Transportation Agency, ICAO Annex 9, EU Regulation 1107/06, US Air Carrier Access Act

Accepted Paper Series