Update of EU disability

strategy

Javier Güemes

Improving the integration of people with disabilities/ Sofia/ October 2006

definition of disability

General framework laid down in Employment Directive 2000, definition at Member State level

• no universal definition• medical vs social approach• definition varies according to purpose of law• can change in time• what about association with disability?

article 13

Article 13 of the EC Treaty:

the Council may

take action to combat discrimination based on sex, racial or ethnic origin, religion or belief, disability, age or sexual orientation

employment directive 2000

•scope – employment, vocational training, working conditions, union membership

•four types of discriminations: Direct, Indirect, Instructions to discriminate and harassment

•reasonable accommodation - Employers must take appropriate measures to adapt the workplace to the disability

•positive action – allowed but not required

•burden of proof – shared between parties

regulation 1107/2006/EC on rights of disabled

persons traveling by air

• Cannot deny boarding on basis of disability• Access to free of charge assistance provided by airport’s

managing body• Right not to be denied boarding or booking – applicable

from the summer of 2007• Entire regulation - totally effective by summer 2008 and

directly applicable to European airports and airlines.

structural funds

• Regulatory package was adopted in July 2006• Represents one third of EU budget (336.1 bln euro)

• Disability-related provisions:• Non-discrimination• Accessibility for persons with disabilities• Partnership with civil society• Specific measures for people with disabilities with

European Social Fund

disability action plan 2004 – 2010

Operational objectives:• Full implementation of the Employment Directive• Mainstreaming of disability issues• Improving accessibility for all• Priorities for the 3rd phase (2008-2009):

– Actions for inclusive participation through accessibility• Fostering accessibility of the labour market• Boosting accessibility of goods, services and

infrastructures• Consolidating the Commission’s analytical capacity to

support accessibility– Actions towards full enjoyment of fundamental rights

• Facilitating the implementation of the UN Convention• Complementing the Community legislative framework of

protection againstdiscrimination

european year of equal opportunities 2007• Rights – raising awareness of the right to

equality and non-discrimination

• Representation – stimulating a debate on inclusion of under-represented groups in society

• Recognition – accommodating diversity

• Respect and tolerance – promoting a more cohesive society

• http://europa.eu.int/comm/employment_social/fundamental_rights/index_en.htm

other initiatives• Communication on Social Services of General

Interest– A framework for quality and accessibility?

• 7th Framework Programme on Research and Development– An opportunity to develop the knowledge on the field of disability

• Future Proposals for a on Passengers’ Rights maritine transport and bus transport – Expanding the accessibility transport to all transport areas

• E-Inclusion communication– The Commission will undertake an impact assessment to produce legislation on e-

accessibility

what’s next?

• Commission work programme 2008 : proposal to expand the non-discrimination legislation

• Consultation with stakeholders on future of European non-discrimination policy

• Commission is in an impact assessment process• Comprehensive across-grounds legislation, OR• Disability-specific directive??

un convention on the rights of persons with disabilities

• Scope – comprehensive legislation, covers all fields, incl civil, political, economic, social and cultural rights, non-discrimination, children/women with disabilities, development cooperation

• Formal adoption – December 2006 in New York

• European Communities has ratified the Convention; so individual Member States (except Latvia) national/European legislation must be adopted; provisions can be used against EU bodies

http://www.edf-feph.org

European Disability Forum

Rue du Commerce 39-41

1000 Brussels, Belgium

T: +32-2-282.46.00

F: +32-2-282.46.09

E: info@edf-feph.org