Layering Rights: The Case of Disability Policies in France (2006-2016)

Abstract

In France, public policies in the field of disability was transformed by the law in 11 February 2005 on ‘Equal Rights and Opportunities, Participation, and Citizenship of People with Disabilities’. The law was framed as the introduction in France of the international ‘social model of disability’, in order to combat discrimination. Yet international references in parliamentary debates leading to the adoption of this law were all but absent. How do we explain this paradox? This article aims to answer this question by showing how the newly introduced measures reflected the needs of different stakeholders involved in this public policy to maintain their positions and reform their mutual agreements. This transfer was not characterised by a thorough rethinking of the public policy subsystem, but rather resulted in layering of new rights on top of old frameworks. How then did the organisations promoting these measures manage to implement public policies despite clear contradictions between old and new goals? This article suggests that the organisational regulation of political conflict (conflict avoidance and circumvention of obstacles) and the safeguarding of embedded interests (by limiting possibilities for compromise and administrative obstruction of legal disputes) played a decisive role in this process.