ARTICLE 16 OF REGULATION (EC) 1083/2006 Regional Policy DG Employment, Social Affairs and Equal Opportunities DG ARTICLE 16 OF REGULATION (EC) 1083/2006 COMMISSION SERVICES INTRODUCTORY REMARKS 21st meeting of the Coordination Committee of the Funds Brussels, 21-22 October 2008

Article 16 of of Regulation (EC) 1083/2006 The Member States and the Commission shall ensure that “equality between men and women and the integration of the gender perspective is promoted during the various stages of implementation of the Funds.” “The Member States and the Commission shall take appropriate steps to prevent any discrimination based on sex, racial or ethnic origin, religion or belief, disability, age or sexual orientation during the various stages of implementation of the Funds and, in particular, in the access to them. In particular, accessibility for disabled persons shall be one of the criteria to be observed in defining operations co-financed by the Funds and to be taken into account during the various stages of implementation.“

I. GENDER MAINSTREAMING What has changed compared to 2000-06 period? No substantial change in the approach: (EC) N°1260/1999 includes references to equality between men and women in several paragraphs (Articles 1, 2, 8 §1, 12, 29, 41 §2c), and 46 § 2 a) Novelty of Art. 16: general call for gender mainstreaming (“integration of gender perspective in the various stages of implementation of the Funds” in a single article

I. GENDER MAINSTREAMING What is gender mainstreaming in the Structural Funds? Not only restricting efforts to promote equality by the implementation of specific measures to help women Taking into account actively and openly at the planning stage the possible effects of operations on the respective situation of men and women (gender perspective) Examining systematically the gender perspective of SF priorities and interventions and take into account such possible effects at the various stages of implementation (e.g. project selection, monitoring, evaluation)

II. NON-DISCRIMINATION What has changed compared to 2000-06 period? The general regulation for 2000-2006 mentioned non-discrimination only in its Preamble (Recital 5 Regulation (EC) N°1260/1999) general EC and national anti-discrimination legislation applied Article 16 introduces a general obligation for Member States to take appropriate steps to prevent discrimination on various grounds Legal obligation more concrete Active approach

II. NON-DISCRIMINATION What is discrimination? Where one person is treated less favorably than another is, has been or would be treated in a comparable situation on any of the grounds covered by the directives What is indirect discrimination? Where an apparently neutral provision, criterion or practice would put persons in any of the protected categories at a particular disadvantage compared with other people. Except if this provision, criterion or practice is objectively justified by a legitimate aim and the means of achieving that aim are appropriate and necessary

II. NON-DISCRIMINATION Managing authorities should be aware of legislative requirements on Anti-Discrimination and possible indirect discrimination When elaborating actions: for example choice of a day compatible with religious activity etc, When registering participants: for example registration form available in minority groups' languages, limitation of administrative requirements for mobile people (Roma) etc…

II. NON-DISCRIMINATION Disability Discrimination: Not enough to NOT discriminate: Employers are required to provide reasonable accomodation to persons with disabilities (Article 5 of Directive 2000/78/EC) : Appropriate measures, where needed in a particular case, to enable a person with disability to have access to/or advance in employment or training. Except where it would impose a disproportionate burden on the employer (not the case if support subsidies/measures exist)

II. NON-DISCRIMINATION Exceptions: Not all differences of treatment will be unlawful Determining occupational requirement Objective justification of indirect discrimination Churches, religious-based institutions Nationality Age (article 6 of Directive 2000/78) Limitations on reasonable accommodation Positive action

II. NON-DISCRIMINATION Proposal for a new Directive adopted by the European Commission (2 July 2008)

III. ACCESSIBILITY FOR DISABLED PEOPLE New legal obligation in the 2007-13 period Accessiblity should be understood as removal and prevention of barriers that pose problems to persons with disabilities One of the criteria to be observed during the various stages of implementation Project selection Management verification Monitoring Evaluation Audit Disability toolkit to provide examples of good practices

III. ACCESSIBILITY FOR DISABLED PEOPLE General principle of accessibility: precondition for participation and inclusion of persons with disabilities in Society use products, services and infrastructures on equal terms public use and ownership of goods services and infrastructures anticipatory measures

III. ACCESSIBILITY FOR DISABLED PEOPLE “Design for all“: extending standard design to people with some type of performance limitation maximize the number of potential customers by: readily usable by most users without any modification, adaptable to different users (adapting user interfaces), and by having standardized interfaces to be compatible with assistive solutions

III. ACCESSIBILITY FOR DISABLED PEOPLE European standards in the pipeline: Accessibility requirements for public procurement of products and services in the ICT domain (Mandate 376) Support of European accessibility requirements for public procurement in the built environment (Mandate 420) Work approach of the standardisation process: Inventory Conformity assessment Standards development Toolkit Supporting participation of persons with disabilities

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