Protecting the rights and improving the lives of persons

with disabilities

by Carlotta BesozziEuropean Disability Forum

10 years fighting for 10 years fighting for disability rightsdisability rights

The representative voice of disabled people and parents of disabled people in Europe since 1996MHE among the founders of EDFFighting for the rights and promoting non-discrimination of disabled people in EU policy-makingOne national federation in all EU-27, Norway and Iceland, 50 European platforms representing specific impairments and sectors

Key achievementsKey achievements Art 13 of the EU Treaty Disability reference in the Charter of

Fundamental Rights Employment Directive Accessibility of urban buses Public procurement Air passengers’ rights EU Structural Funds

EDF and the UN ConventionEDF and the UN Convention

• Human rights and equal opportunities at the core of EDF agenda

• All EU member States involved • Mandate for EC negotiation in 2003• Opportunity to advance disability rights in

EU and international agenda

History of the ConventionHistory of the Convention Proposal for drafting presented by Mexico in 2001, after failures by Sweden and Italy in the 90s Decision to appoint an Ad Hoc Committee for drafting in 2001 First meeting August 2002 followed by 2-3 weeks bi-annual sessions in NY January 2004 – restricted drafting working group August 2006 final text Final adoption by General Assembly December 2006

Nothing about us without usNothing about us without usAt the core of the negotiationsConvention with the most active involvement of civil society and no closed sessionsEDF among first 9 NGOs accredited in 2002EDF as representative of disabled people towards the EU member States and European CommissionEDF supported the establishment and running of the International Disability Caucus

What does the Convention bring What does the Convention bring to disabled people?to disabled people?

•Disability recognised as a human rights issue•Completes and interprets universal declaration of human rights and exisiting conventions•All human rights (economic, social, cultural, political) are presented from a disablity perspective• brings new concepts•Provides international morally binding standards•Enforceable when ratified

Who is covered?Who is covered?Disability is an evolving concept:

Social model of disability

Ensure that all disabled people are covered accross the world

•«Persons with disabilities include those who have long-term physical, mental, intellectual or sensory impairments which in interaction with various barriers may hinder their full and effective participation in society on an equal basis with others”.

Main conceptsMain conceptsRespect for the inherent dignity, individual autonomy, freedom to make one’s own choices and independenceNon-discriminationFull and effective participation and inclusion in societyRespect for difference and acceptance of persons with disabilities as part of human diversity and humanityEquality of opportunityAccessibilityEquality between men and womenRespect for the evolving capacities of children with disabilities and respect for the right of children with disabilities to preserve their identities

InnovationsInnovationsPromoting Equality, eliminating discrimination in all forms, providing reasonable accommodationTwin track approach for women and childrenRight to life and situations of riskEqual recognition before the lawLiving independently and being included in the communityHabilitation and rehabilitation

Mental health issuesMental health issues

Moving from guardianship systems to support decision-making systemsThe existence of a disability does in no case justify a deprivation of libertyPersons with disabilities not subjected to cruel, inhuman, degrading treatment punishmentRight to physical and mental integrityLiving independently and being included in the community

Towards enforcementTowards enforcement

96 states have signed, 52 optional protocol (22 EU)Binding when ratifiedNeed for accurate translationsAwareness raising is key

Review national legislations in the light of ConventionNeed for a plan of action

Implications at European Communities levelNon discrimination legislation