Carmine Conte
The Un Convention on the Rights of Persons with Disabilities and the European Union
The Impact on Law and Governance
Carmine Conte
The Un Convention on the Rights of Persons with Disabilities and the European Union
The Impact on Law and Governance
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"This book analyses the impact of the UN Convention on the Rights of Persons with Disabilities (CRPD) on EU non-discrimination law and governance. The CRPD places the protection of persons with disabilities at the heart of international human rights law. The Convention is the first human rights treaty open for signatures by regional organisations, and the European Union favourably acceded to it in December 2010. Ten years after this historic event, this book explores whether the theory has been put into practice, and examines the effects of the CRPD on EU non-discrimination law and governance.…mehr
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"This book analyses the impact of the UN Convention on the Rights of Persons with Disabilities (CRPD) on EU non-discrimination law and governance. The CRPD places the protection of persons with disabilities at the heart of international human rights law. The Convention is the first human rights treaty open for signatures by regional organisations, and the European Union favourably acceded to it in December 2010. Ten years after this historic event, this book explores whether the theory has been put into practice, and examines the effects of the CRPD on EU non-discrimination law and governance. This book brings together the practices of the European Court of Justice (CJEU) with regard to disability discrimination to show whether the CRPD is living up to its full potential to substantially improve the protection of the rights of persons with disabilities in the EU. It examines whether the judicial interpretation of the Directive 2000/78/EC, establishing a general framework for equal treatment in employment and occupation, does or does not comply with the new legal background delineated by the CRPD. In addition, it investigates whether the governance mechanisms underlying the EU Framework for promoting, protecting and monitoring the CRPD are effectively fostering the implementation of the CRPD and the role of civil society. The prohibition of discrimination on grounds of disability has undergone substantial changes and developments since it was first introduced under international and EU law. This book highlights the main changes to disability discrimination which have occurred in the EU legal order in the last ten years. The book will be of interest to academics, law students and legal practitioners working in the field of EU non-discrimination and equality law"--
Produktdetails
- Produktdetails
- Verlag: Bloomsbury Academic
- Seitenzahl: 208
- Erscheinungstermin: 22. August 2024
- Englisch
- Abmessung: 234mm x 156mm x 25mm
- Gewicht: 454g
- ISBN-13: 9781509945184
- ISBN-10: 1509945180
- Artikelnr.: 68942328
- Verlag: Bloomsbury Academic
- Seitenzahl: 208
- Erscheinungstermin: 22. August 2024
- Englisch
- Abmessung: 234mm x 156mm x 25mm
- Gewicht: 454g
- ISBN-13: 9781509945184
- ISBN-10: 1509945180
- Artikelnr.: 68942328
Carmine Conte
1. Introducing the CRPD: A New Approach to Equality and Non-Discrimination?
I. Introductory Remarks II. Equality and Non-Discrimination: A New Approach
for Disability Rights III. The Complex and Intriguing Evolution of the
Right to Equality in International Law A. The Controversial 'Sameness'
Model B. Embracing the Symmetrical Approach at International Level C. Is
the Formal Approach Adequate to Combat Discrimination? D. Beyond
Differences: Time to Recognise Social Barriers and Positive Duties E. The
Prohibition of Discrimination under the CRPD: A New Inclusive Model F.
Defining the Concept of Multiple and Intersectional Discrimination IV. The
CRPD's Model of Disability: From a Social Construct Towards a Human Rights
Approach V. Reconceptualising the Human Rights Dichotomy A. Disability
Rights are Universal and Indivisible: Do Civil and Political Rights also
Demand Economic Resources? B. Disability Rights as (Quasi)-Justiciable
Rights 2. The New Role for Civil Society under the CRPD I. The Rise of
Civil Society in Global Governance A. Participatory Democracy and Global
Governance B. Opening Up the Decision-Making Process C. Ensuring
Transparent Procedures II. Mainstreaming Disability in the International
Agenda A. 'Nothing about us without us': A Commitment to Participatory
Democracy III. Civil Society's Role in Implementing the CRPD at National
Level A. Institutionalising Civil Society B. Awareness-Raising: A
Synergetic Action between States Parties and NGOs IV. Participatory
Democracy in the EU: From the White Paper to the Lisbon Treaty A. The
Inclusive Process of the EUCFR's Adoption: The 'Convention' Method B. How
to Improve EU Participatory Democracy? The Good Practice of the CRPD 3. Ten
Years aft er EU Accession to the CRPD: From Theory to Reality I. An
Overview of the Prohibition of Discrimination under EU Law A. The EU
Charter of Fundamental Rights B. The Convention for the Protection of Human
Rights and Fundamental Freedoms II. Disability Rights in the EU III. The EU
Anti-Discrimination Framework: Directive 2000/78/EC A. Exploring the
Meaning of Direct Discrimination B. Introducing the Concept of Indirect
Discrimination C. Reasonable Accommodation: The Paramount Obligation IV.
Filling in the Gap: The Evolving Concept of Disability A. The EU Approach
to Disability B. An Intriguing Evolution: The Case of Ring and Skouboe
Werge C. Obesity and Disability: The Case of Kaltoft v Municipality of
Billund D. The Case of Daouidi: Clarifying the Long-Term Nature of the
Impairment E. Absence from Work on Grounds of Sickness: The Case of Ruiz
Conejero F. Defining Disability beyond the Labour Market: The Case of
Glatzel G. Is the CJEU Still a Real Promoter of Disability Rights? 4. The
EU Legal Framework: Associative and Intersectional Discrimination I.
Discrimination by Association on Grounds of Disability A. The Coleman
Case: Factual Background B. The Advocate General's Opinion C. Analysis of
the Judgment: Who Falls under the Protection of Discrimination by
Association? D. The Controversial Nature of Reasonable Accommodation E.
Concluding Remarks: A Shift Towards Substantive Equality II. Why Does
Multiple and Intersectional Discrimination Matter? III. The Odar Case:
Disability and Age Discrimination IV. Surjit Singh Bedi v Bundesrepublik
Deutschland: Collective Agreement and Intersectional Discrimination V. The
Case of Z v A Government Department: Gender and Disability A. The Court's
Findings B. How to Deal with Multiple and Intersectional Discrimination
under EU Law C. The Failure to Apply the Human Rights Model of Disability
D. The Complex Interplay between International Law and EU Law E. The
Incongruous CJEU Reasoning: Time for a Change 5. EU Governance and the
Framework for Monitoring the CRPD I. Ratifying and Implementing the UN
Convention: Winners and Losers in the EU Institutional Game II. The
Negotiations of the CRPD and the EU A. The Commission's Contribution to the
Drafting of the CRPD B. Ensuring Coordination between Various EU Actors C.
The Commission and the Union's External Policy Representation III.
Monitoring the CRPD's Implementation: New Governance Mechanisms A. The
Experimentalist Paradigm B. The Open Method of Coordination (OMC) C. The
Focal Point D. Coordination Mechanism between the EU and the Member States
IV. The EU Framework for Promoting, Protecting and Monitoring the CRPD A.
The Commission's Experimentalist Approach B. The European Parliament and
the Protection of Disability Rights C. The European Ombudsman D. The
Monitoring Role of the EU Agency for Fundamental Rights E. The EDF's
Challenge to Open Up the EU Decision-Making Process F. Focal Point and
Coordination Mechanism: Innovative or Inefficient Practices? V. Light and
Shadow in the EU Independent Framework A. The Commission's Withdrawal from
the Framework: What Next? B. Is the European Parliament Marginalised? C. Is
the OMC Appropriate? 6. Conclusion: Time to Unleash the CRPD's Full
Potential I. The EU Legal Framework: Main Findings A. The Definition of
Disability: A Missed Opportunity B. The Legal Gaps in Addressing Multiple
and Intersectional Discrimination C. Indirect Discrimination and Reasonable
Accommodation: Towards a Better Judicial Interpretation? D. The Inclusive
Equality Paradigm under the CRPD E. The Complicated Relationship between
the CRPD and the EU Legal System F. Key Recommendations for Improving the
Interpretation of EU Equality Norms II. EU Governance: Main Findings A. The
Importance of Reforming the EU Independent Framework B. Key Recommendations
for Improving EU Governance Mechanisms C. Good Governance and Participatory
Democracy: The CPRD's Positive Practice III. Time to Unleash the CRPD's
Full Potential
I. Introductory Remarks II. Equality and Non-Discrimination: A New Approach
for Disability Rights III. The Complex and Intriguing Evolution of the
Right to Equality in International Law A. The Controversial 'Sameness'
Model B. Embracing the Symmetrical Approach at International Level C. Is
the Formal Approach Adequate to Combat Discrimination? D. Beyond
Differences: Time to Recognise Social Barriers and Positive Duties E. The
Prohibition of Discrimination under the CRPD: A New Inclusive Model F.
Defining the Concept of Multiple and Intersectional Discrimination IV. The
CRPD's Model of Disability: From a Social Construct Towards a Human Rights
Approach V. Reconceptualising the Human Rights Dichotomy A. Disability
Rights are Universal and Indivisible: Do Civil and Political Rights also
Demand Economic Resources? B. Disability Rights as (Quasi)-Justiciable
Rights 2. The New Role for Civil Society under the CRPD I. The Rise of
Civil Society in Global Governance A. Participatory Democracy and Global
Governance B. Opening Up the Decision-Making Process C. Ensuring
Transparent Procedures II. Mainstreaming Disability in the International
Agenda A. 'Nothing about us without us': A Commitment to Participatory
Democracy III. Civil Society's Role in Implementing the CRPD at National
Level A. Institutionalising Civil Society B. Awareness-Raising: A
Synergetic Action between States Parties and NGOs IV. Participatory
Democracy in the EU: From the White Paper to the Lisbon Treaty A. The
Inclusive Process of the EUCFR's Adoption: The 'Convention' Method B. How
to Improve EU Participatory Democracy? The Good Practice of the CRPD 3. Ten
Years aft er EU Accession to the CRPD: From Theory to Reality I. An
Overview of the Prohibition of Discrimination under EU Law A. The EU
Charter of Fundamental Rights B. The Convention for the Protection of Human
Rights and Fundamental Freedoms II. Disability Rights in the EU III. The EU
Anti-Discrimination Framework: Directive 2000/78/EC A. Exploring the
Meaning of Direct Discrimination B. Introducing the Concept of Indirect
Discrimination C. Reasonable Accommodation: The Paramount Obligation IV.
Filling in the Gap: The Evolving Concept of Disability A. The EU Approach
to Disability B. An Intriguing Evolution: The Case of Ring and Skouboe
Werge C. Obesity and Disability: The Case of Kaltoft v Municipality of
Billund D. The Case of Daouidi: Clarifying the Long-Term Nature of the
Impairment E. Absence from Work on Grounds of Sickness: The Case of Ruiz
Conejero F. Defining Disability beyond the Labour Market: The Case of
Glatzel G. Is the CJEU Still a Real Promoter of Disability Rights? 4. The
EU Legal Framework: Associative and Intersectional Discrimination I.
Discrimination by Association on Grounds of Disability A. The Coleman
Case: Factual Background B. The Advocate General's Opinion C. Analysis of
the Judgment: Who Falls under the Protection of Discrimination by
Association? D. The Controversial Nature of Reasonable Accommodation E.
Concluding Remarks: A Shift Towards Substantive Equality II. Why Does
Multiple and Intersectional Discrimination Matter? III. The Odar Case:
Disability and Age Discrimination IV. Surjit Singh Bedi v Bundesrepublik
Deutschland: Collective Agreement and Intersectional Discrimination V. The
Case of Z v A Government Department: Gender and Disability A. The Court's
Findings B. How to Deal with Multiple and Intersectional Discrimination
under EU Law C. The Failure to Apply the Human Rights Model of Disability
D. The Complex Interplay between International Law and EU Law E. The
Incongruous CJEU Reasoning: Time for a Change 5. EU Governance and the
Framework for Monitoring the CRPD I. Ratifying and Implementing the UN
Convention: Winners and Losers in the EU Institutional Game II. The
Negotiations of the CRPD and the EU A. The Commission's Contribution to the
Drafting of the CRPD B. Ensuring Coordination between Various EU Actors C.
The Commission and the Union's External Policy Representation III.
Monitoring the CRPD's Implementation: New Governance Mechanisms A. The
Experimentalist Paradigm B. The Open Method of Coordination (OMC) C. The
Focal Point D. Coordination Mechanism between the EU and the Member States
IV. The EU Framework for Promoting, Protecting and Monitoring the CRPD A.
The Commission's Experimentalist Approach B. The European Parliament and
the Protection of Disability Rights C. The European Ombudsman D. The
Monitoring Role of the EU Agency for Fundamental Rights E. The EDF's
Challenge to Open Up the EU Decision-Making Process F. Focal Point and
Coordination Mechanism: Innovative or Inefficient Practices? V. Light and
Shadow in the EU Independent Framework A. The Commission's Withdrawal from
the Framework: What Next? B. Is the European Parliament Marginalised? C. Is
the OMC Appropriate? 6. Conclusion: Time to Unleash the CRPD's Full
Potential I. The EU Legal Framework: Main Findings A. The Definition of
Disability: A Missed Opportunity B. The Legal Gaps in Addressing Multiple
and Intersectional Discrimination C. Indirect Discrimination and Reasonable
Accommodation: Towards a Better Judicial Interpretation? D. The Inclusive
Equality Paradigm under the CRPD E. The Complicated Relationship between
the CRPD and the EU Legal System F. Key Recommendations for Improving the
Interpretation of EU Equality Norms II. EU Governance: Main Findings A. The
Importance of Reforming the EU Independent Framework B. Key Recommendations
for Improving EU Governance Mechanisms C. Good Governance and Participatory
Democracy: The CPRD's Positive Practice III. Time to Unleash the CRPD's
Full Potential
1. Introducing the CRPD: A New Approach to Equality and Non-Discrimination?
I. Introductory Remarks II. Equality and Non-Discrimination: A New Approach
for Disability Rights III. The Complex and Intriguing Evolution of the
Right to Equality in International Law A. The Controversial 'Sameness'
Model B. Embracing the Symmetrical Approach at International Level C. Is
the Formal Approach Adequate to Combat Discrimination? D. Beyond
Differences: Time to Recognise Social Barriers and Positive Duties E. The
Prohibition of Discrimination under the CRPD: A New Inclusive Model F.
Defining the Concept of Multiple and Intersectional Discrimination IV. The
CRPD's Model of Disability: From a Social Construct Towards a Human Rights
Approach V. Reconceptualising the Human Rights Dichotomy A. Disability
Rights are Universal and Indivisible: Do Civil and Political Rights also
Demand Economic Resources? B. Disability Rights as (Quasi)-Justiciable
Rights 2. The New Role for Civil Society under the CRPD I. The Rise of
Civil Society in Global Governance A. Participatory Democracy and Global
Governance B. Opening Up the Decision-Making Process C. Ensuring
Transparent Procedures II. Mainstreaming Disability in the International
Agenda A. 'Nothing about us without us': A Commitment to Participatory
Democracy III. Civil Society's Role in Implementing the CRPD at National
Level A. Institutionalising Civil Society B. Awareness-Raising: A
Synergetic Action between States Parties and NGOs IV. Participatory
Democracy in the EU: From the White Paper to the Lisbon Treaty A. The
Inclusive Process of the EUCFR's Adoption: The 'Convention' Method B. How
to Improve EU Participatory Democracy? The Good Practice of the CRPD 3. Ten
Years aft er EU Accession to the CRPD: From Theory to Reality I. An
Overview of the Prohibition of Discrimination under EU Law A. The EU
Charter of Fundamental Rights B. The Convention for the Protection of Human
Rights and Fundamental Freedoms II. Disability Rights in the EU III. The EU
Anti-Discrimination Framework: Directive 2000/78/EC A. Exploring the
Meaning of Direct Discrimination B. Introducing the Concept of Indirect
Discrimination C. Reasonable Accommodation: The Paramount Obligation IV.
Filling in the Gap: The Evolving Concept of Disability A. The EU Approach
to Disability B. An Intriguing Evolution: The Case of Ring and Skouboe
Werge C. Obesity and Disability: The Case of Kaltoft v Municipality of
Billund D. The Case of Daouidi: Clarifying the Long-Term Nature of the
Impairment E. Absence from Work on Grounds of Sickness: The Case of Ruiz
Conejero F. Defining Disability beyond the Labour Market: The Case of
Glatzel G. Is the CJEU Still a Real Promoter of Disability Rights? 4. The
EU Legal Framework: Associative and Intersectional Discrimination I.
Discrimination by Association on Grounds of Disability A. The Coleman
Case: Factual Background B. The Advocate General's Opinion C. Analysis of
the Judgment: Who Falls under the Protection of Discrimination by
Association? D. The Controversial Nature of Reasonable Accommodation E.
Concluding Remarks: A Shift Towards Substantive Equality II. Why Does
Multiple and Intersectional Discrimination Matter? III. The Odar Case:
Disability and Age Discrimination IV. Surjit Singh Bedi v Bundesrepublik
Deutschland: Collective Agreement and Intersectional Discrimination V. The
Case of Z v A Government Department: Gender and Disability A. The Court's
Findings B. How to Deal with Multiple and Intersectional Discrimination
under EU Law C. The Failure to Apply the Human Rights Model of Disability
D. The Complex Interplay between International Law and EU Law E. The
Incongruous CJEU Reasoning: Time for a Change 5. EU Governance and the
Framework for Monitoring the CRPD I. Ratifying and Implementing the UN
Convention: Winners and Losers in the EU Institutional Game II. The
Negotiations of the CRPD and the EU A. The Commission's Contribution to the
Drafting of the CRPD B. Ensuring Coordination between Various EU Actors C.
The Commission and the Union's External Policy Representation III.
Monitoring the CRPD's Implementation: New Governance Mechanisms A. The
Experimentalist Paradigm B. The Open Method of Coordination (OMC) C. The
Focal Point D. Coordination Mechanism between the EU and the Member States
IV. The EU Framework for Promoting, Protecting and Monitoring the CRPD A.
The Commission's Experimentalist Approach B. The European Parliament and
the Protection of Disability Rights C. The European Ombudsman D. The
Monitoring Role of the EU Agency for Fundamental Rights E. The EDF's
Challenge to Open Up the EU Decision-Making Process F. Focal Point and
Coordination Mechanism: Innovative or Inefficient Practices? V. Light and
Shadow in the EU Independent Framework A. The Commission's Withdrawal from
the Framework: What Next? B. Is the European Parliament Marginalised? C. Is
the OMC Appropriate? 6. Conclusion: Time to Unleash the CRPD's Full
Potential I. The EU Legal Framework: Main Findings A. The Definition of
Disability: A Missed Opportunity B. The Legal Gaps in Addressing Multiple
and Intersectional Discrimination C. Indirect Discrimination and Reasonable
Accommodation: Towards a Better Judicial Interpretation? D. The Inclusive
Equality Paradigm under the CRPD E. The Complicated Relationship between
the CRPD and the EU Legal System F. Key Recommendations for Improving the
Interpretation of EU Equality Norms II. EU Governance: Main Findings A. The
Importance of Reforming the EU Independent Framework B. Key Recommendations
for Improving EU Governance Mechanisms C. Good Governance and Participatory
Democracy: The CPRD's Positive Practice III. Time to Unleash the CRPD's
Full Potential
I. Introductory Remarks II. Equality and Non-Discrimination: A New Approach
for Disability Rights III. The Complex and Intriguing Evolution of the
Right to Equality in International Law A. The Controversial 'Sameness'
Model B. Embracing the Symmetrical Approach at International Level C. Is
the Formal Approach Adequate to Combat Discrimination? D. Beyond
Differences: Time to Recognise Social Barriers and Positive Duties E. The
Prohibition of Discrimination under the CRPD: A New Inclusive Model F.
Defining the Concept of Multiple and Intersectional Discrimination IV. The
CRPD's Model of Disability: From a Social Construct Towards a Human Rights
Approach V. Reconceptualising the Human Rights Dichotomy A. Disability
Rights are Universal and Indivisible: Do Civil and Political Rights also
Demand Economic Resources? B. Disability Rights as (Quasi)-Justiciable
Rights 2. The New Role for Civil Society under the CRPD I. The Rise of
Civil Society in Global Governance A. Participatory Democracy and Global
Governance B. Opening Up the Decision-Making Process C. Ensuring
Transparent Procedures II. Mainstreaming Disability in the International
Agenda A. 'Nothing about us without us': A Commitment to Participatory
Democracy III. Civil Society's Role in Implementing the CRPD at National
Level A. Institutionalising Civil Society B. Awareness-Raising: A
Synergetic Action between States Parties and NGOs IV. Participatory
Democracy in the EU: From the White Paper to the Lisbon Treaty A. The
Inclusive Process of the EUCFR's Adoption: The 'Convention' Method B. How
to Improve EU Participatory Democracy? The Good Practice of the CRPD 3. Ten
Years aft er EU Accession to the CRPD: From Theory to Reality I. An
Overview of the Prohibition of Discrimination under EU Law A. The EU
Charter of Fundamental Rights B. The Convention for the Protection of Human
Rights and Fundamental Freedoms II. Disability Rights in the EU III. The EU
Anti-Discrimination Framework: Directive 2000/78/EC A. Exploring the
Meaning of Direct Discrimination B. Introducing the Concept of Indirect
Discrimination C. Reasonable Accommodation: The Paramount Obligation IV.
Filling in the Gap: The Evolving Concept of Disability A. The EU Approach
to Disability B. An Intriguing Evolution: The Case of Ring and Skouboe
Werge C. Obesity and Disability: The Case of Kaltoft v Municipality of
Billund D. The Case of Daouidi: Clarifying the Long-Term Nature of the
Impairment E. Absence from Work on Grounds of Sickness: The Case of Ruiz
Conejero F. Defining Disability beyond the Labour Market: The Case of
Glatzel G. Is the CJEU Still a Real Promoter of Disability Rights? 4. The
EU Legal Framework: Associative and Intersectional Discrimination I.
Discrimination by Association on Grounds of Disability A. The Coleman
Case: Factual Background B. The Advocate General's Opinion C. Analysis of
the Judgment: Who Falls under the Protection of Discrimination by
Association? D. The Controversial Nature of Reasonable Accommodation E.
Concluding Remarks: A Shift Towards Substantive Equality II. Why Does
Multiple and Intersectional Discrimination Matter? III. The Odar Case:
Disability and Age Discrimination IV. Surjit Singh Bedi v Bundesrepublik
Deutschland: Collective Agreement and Intersectional Discrimination V. The
Case of Z v A Government Department: Gender and Disability A. The Court's
Findings B. How to Deal with Multiple and Intersectional Discrimination
under EU Law C. The Failure to Apply the Human Rights Model of Disability
D. The Complex Interplay between International Law and EU Law E. The
Incongruous CJEU Reasoning: Time for a Change 5. EU Governance and the
Framework for Monitoring the CRPD I. Ratifying and Implementing the UN
Convention: Winners and Losers in the EU Institutional Game II. The
Negotiations of the CRPD and the EU A. The Commission's Contribution to the
Drafting of the CRPD B. Ensuring Coordination between Various EU Actors C.
The Commission and the Union's External Policy Representation III.
Monitoring the CRPD's Implementation: New Governance Mechanisms A. The
Experimentalist Paradigm B. The Open Method of Coordination (OMC) C. The
Focal Point D. Coordination Mechanism between the EU and the Member States
IV. The EU Framework for Promoting, Protecting and Monitoring the CRPD A.
The Commission's Experimentalist Approach B. The European Parliament and
the Protection of Disability Rights C. The European Ombudsman D. The
Monitoring Role of the EU Agency for Fundamental Rights E. The EDF's
Challenge to Open Up the EU Decision-Making Process F. Focal Point and
Coordination Mechanism: Innovative or Inefficient Practices? V. Light and
Shadow in the EU Independent Framework A. The Commission's Withdrawal from
the Framework: What Next? B. Is the European Parliament Marginalised? C. Is
the OMC Appropriate? 6. Conclusion: Time to Unleash the CRPD's Full
Potential I. The EU Legal Framework: Main Findings A. The Definition of
Disability: A Missed Opportunity B. The Legal Gaps in Addressing Multiple
and Intersectional Discrimination C. Indirect Discrimination and Reasonable
Accommodation: Towards a Better Judicial Interpretation? D. The Inclusive
Equality Paradigm under the CRPD E. The Complicated Relationship between
the CRPD and the EU Legal System F. Key Recommendations for Improving the
Interpretation of EU Equality Norms II. EU Governance: Main Findings A. The
Importance of Reforming the EU Independent Framework B. Key Recommendations
for Improving EU Governance Mechanisms C. Good Governance and Participatory
Democracy: The CPRD's Positive Practice III. Time to Unleash the CRPD's
Full Potential