Working Group European Statistical System – Learning and Development Framework (ess-ldf) & Human Resources Management (hrm) Equal Opportunities as Regards Diversity and Disability: Experience and Exchange of Views Item 5b of the agenda Luxembourg, 7–8 May 2015

Equal opportunities: disability issues 1. Disability – EU legal frame 2. Disability – definition and statistics at the European Commission 3. Guidelines on reasonable accommodation 4. Visitors with special needs 5. Exchange of information and best practices

Disability – European Union Frame The Treaty of Lisbon (Art. 19): a legal basis to combat all forms of discrimination based on sex, racial or ethnic origin, religion or belief, disability, age or sexual orientation. Charter of Fundamental Rights of the EU (Art. 26) Council Directive 2000/78/EC of 27.11.2000 establishing a general framework for equal treatment in employment and occupation. European Parliament resolution on the situation as regards fundamental rights in the European Union 2000/2231(INI) 1. The Treaty of Lisbon (Article 19 of the Treaty on the Functioning of the EU) provides the EU with a legal basis to combat all forms of discrimination based on sex, racial or ethnic origin, religion or belief, disability, age or sexual orientation. 2. Charter of Fundamental Rights of the EU, art. 26: "The Union recognises and respects the right of persons with disabilities to benefit from measures designed to ensure their independence, social and occupational integration and participation in the life of the community. 3. Council Directive 2000/78/EC: (8) The Employment Guidelines for 2000 agreed by the European Council at Helsinki on 10 and 11 December 1999 stress the need to foster a labour market favourable to social integration by formulating a coherent set of policies aimed at combating discrimination against groups such as persons with disability. They also emphasise the need to pay particular attention to supporting older workers, in order to increase their participation in the labour force. (11) Discrimination based on religion or belief, disability, age or sexual orientation may undermine the achievement of the objectives of the EC Treaty, in particular the attainment of a high level of employment and social protection, raising the standard of living and the quality of life, economic and social cohesion and solidarity, and the free movement of persons. (12) To this end, any direct or indirect discrimination based on religion or belief, disability, age or sexual orientation as regards the areas covered by this Directive should be prohibited throughout the Community. This prohibition of discrimination should also apply to nationals of third countries but does not cover differences of treatment based on nationality and is without prejudice to provisions governing the entry and residence of third-country nationals and their access to employment and occupation. (16) The provision of measures to accommodate the needs of disabled people at the workplace plays an important role in combating discrimination on grounds of disability. (20) Appropriate measures should be provided, i.e. effective and practical measures to adapt the workplace to the disability, for example adapting premises and equipment, patterns of working time, the distribution of tasks or the provision of training or integration resources. (will be mentioned again when speaking of the guidelines on reasonable accommodation) 4. European Parliament resolution on the situation as regards fundamental rights in the European Union (2000) (2000/2231(INI)) In part III. Equality between citizens (Articles 20 to 26), under the point on “Discrimination” 65. Recommends that the Member States transpose and implement swiftly the European directives adopted on the basis of Article 13 of the EC Treaty with the aim of combating all discrimination on grounds of sex, race or ethnic origin, religion or belief, disability, age or sexual orientation;

Disability – Definition and Statistics at the European Commission Disability is " a long term physical, mental, intellectual or sensory impairment, which may hinder the full and effective participation of an individual on an equal basis with others”. Self-declared disabilities (EC SOS 2014) – 5,7%* No other data apart from the "obvious" disabilities According to different surveys at EU and national level, only 20% of disabilities are visible. A very small percent of these disabilities are acquired at birth. Most disabilities are acquired during a person’s professional life. *We can only share data from the latest EC SOS where the respondents were asked if they had a disability, 5,7% of the participants declared they had a disability. We do not have information on what type of disability. The information on disabilities per DG from the above SOS is not yet available. We know that the EC is making efforts at the entry level, via EPSO, to encourage candidates with disabilities to apply for jobs at EU institutions. Last year, at the International day of People with Disabilities Conference at the EC, a colleague recruited by DG SANCO who is visually impaired spoke about his experience working at the European Commission. He shared that his experience was very positive and it was a success story.

Guidelines on reasonable accommodation Legal grounds: Staff Regulations Who is covered? Procedure (I spoke to Conrado Tromp from DG HR who said that the "Guidelines" are for internal use only. Therefore, we cannot distribute copies of the guidelines in the meeting room. He said, however, that we can speak about the contents of the document). In march 2015, the European Commission issued "guidelines on reasonable accommodation for people with disabilities. This is a document aimed at the HR units and line managers that helps deal with the issue of reasonable accommodation. Staff Regulations Who is covered? Officials, temporary agents and contract agents (covered by SR and CEOS) regardless of function or grade. Requests from SNEs and trainees are discussed on a case-by-case basis. The duty only applies to individuals with disabilities (already employed or applicants). For example: making rooms wheelchair-accessible, provision of assistance to a visually impaired person, part-time working or modified work schedules (TW), adjustment of training materials. 2. What is reasonable? Reasonable accommodation is not only about physical changes or equipment. It includes the need to “alter policies or practice”. What could be offered is for example IT equipment to read out loud, or a desk that can go up or down, ergonomic pc mice 3. Process to be followed (1). staff member submits of a request (2). the medical service examines the staff member and gives advice (3). Internal service follow up (IRM, DIGIT or OIL/OIB) to provide or purchase the equipment (4). piece of equipment /furniture sis delivered to the staff member Although the Commission is making efforts, providing reasonable accommodation can be a slow process that requires patience and understanding from both sides.

Visitors with special needs Eurostat guidelines on welcoming visitors with disabilities @Petra/Annika: I will make colour copies of our guidelines for delegates to take if they want to have a copy Eurostat has a 3-page guideline document on welcoming visitors with disabilities. This information is meant to assist colleagues when they prepare to welcome a visitor with special needs (visual, hearing or speech impairments, reduced mobility) to the BECH building or to assist in their participation in a meeting or a conference. They provide some basic advice and give practical information on how to reach the BECH building by car or public transport, which entrances are wheel-chair friendly, where are the special toiletes, etc. The guidelines are not exhaustive. The EO officer and correspondent are there to help with additional information when possible.

Information sharing: Best practices Thank you for sharing information about the best practices in your NSIs concerning disability