Title: Update of EU disability strategy
1Update of EU disability strategy
Javier Güemes Improving the integration of
people with disabilities/ Sofia/ October 2006
2definition 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?
3article 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
4employment 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
5regulation 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
airports 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.
6structural 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
7disability 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 Commissions 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
8european 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/fundam
ental_rights/index_en.htm
9other 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
10whats 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??
11un 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
12http//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_at_edf-feph.org