Structural Funds We have to act now! Javier Güemes Acting Director European Disability Forum

Present – new context The UN Convention on the Rights of Persons with Disabilities (UNCRPD) Structural Funds Regulations Partnership contracts What type of priorities shall be funded? Promoting the labor market and social inclusion of persons with disabilities Promoting Accessibility for persons with disabilities Mainstream participation of persons with disabilities in actions Involvement and partnership with organisations of persons with disabilities?

Present: Horizontal principles: –Art. 16 General regulation (EC 1083/2006) on structural funds) Non discrimination and Accessibility –Art. 11 of the General Regulation - Partnership ESF specific measures –Consultation of non-governmental stakeholders at the appropriate territorial level, in the programming; implementation and monitoring of ESF support (Article 5, ESF Regulation) –Annual and final report (Article 10, ESF Regulation) Reporting: –the use of European Social Funds (ESF) that should focus on “actions to strengthen integration in employment and social inclusion of other disadvantage group, including people with disabilities”.

Employment and disability Persons with disabilities and the EU 2020 goals Employment rate of persons with disabilities is far below the EU average (EU-SILC 2008) Persons with disabilities and the EU 2020 goals Employment rate of persons with disabilities is far below the EU average (EU-SILC 2008)

Education and disability Persons with disabilities and the EU 2020 goals Persons with disabilities have a significant lower level of tertiary education (EU-SILC 2008) Persons with disabilities and the EU 2020 goals Persons with disabilities have a significant lower level of tertiary education (EU-SILC 2008)

Poverty and disability Persons with disabilities and the EU 2020 goals Persons with disabilities are at higher risk of living below the poverty line (EU-SILC 2008) Persons with disabilities and the EU 2020 goals Persons with disabilities are at higher risk of living below the poverty line (EU-SILC 2008)

2011 – New context  The United Nations Convention in the Rights of Persons with Disabilities – concluded by the European Union in December 2010  Council Decision on the Conclusion by the EC  The European Disability Strategy –  Crisis

The UN Convention on the Rights of Persons with Disabilities (UNCRPD)  Became a legally binding document for the EU in January  Article 4: States Parties are bound to take into account the protection and promotion of the human rights of persons with disabilities in all policies and programmes  UN Convention as a frame of reference for the future Structural Funds’ (SF) General Regulation. Key substantive provisions:  Accessibility (Article 9)  Education (Article 24)  Employment (Article 27)  Statistics (Article 31)

Structural Funds Regulations Funds included: 376 billion /  European Regional Development Fund  European Social Fund  Cohesion Fund  European Agricultural Fund for Rural Development  European Maritime and Fisheries Fund

Partnership contracts The Common Provision regulation requires the European Commission and the Member States (MS) to sign partnership contract Currently each Member State is in the process of identifying: a)What type of priorities shall be funded? (collecting proposals for priorities from every ministry) b)Which partners to consult and involve in the use of the Funds and how? Organise a partnership with the following partners: Bodies representing civil society, including environmental partners, non- governmental organisations, and bodies responsible for promoting equality and non discrimination

what type of priorities shall be funded? (1) Partnership contracts shall select thematic objectives (art 9) 8.Promoting employment and supporting labour mobility 9.Promoting social inclusion and combating poverty 10. Investing in education, skills and lifelong learning 11. Enhancing institutional capacity and an efficient public administration

what type of priorities shall be funded? (2) -A specific Operational Programme for persons with disabilities -Partnership contracts should ensure promotion of accessibility for persons with disabilities in the following ways:  PC should set up as horizontal principle disability and accessibility  PC based on ex-ante evaluations to remove barriers to accessibility.  PC should make sure that the priority axes will include investments on accessible infrastructure and investments towards social and health, educational, cultural, sport and tourism infrastructures.  PC shall include transition from institutional to community-based services  PC should include the assessment of the of the ex-ante conditionalities

what type of priorities shall be funded? (3)  Particular attention should be paid to the general ex-ante conditionalities 1,2,3 on anti-discrimination, gender equality and disabilities  PC shall be prepared in collaboration with partners  PC should include planned technical assistance for as defined in article 51. This article, as modified by the European Parliament, calls for technical assistance for capacity building of partners, including umbrella organisations.  Capacity building for stakeholders is also required in article 3 of the European Social Fund on the scope of support and under article 9 on social innovation

Promoting the labor market and social inclusion of persons with disabilities According to article 3 of the European Social Fund :  Pathways to work for persons with disabilities: socialization, training, and counseling, insertion into employment, teleworking, and self-employment  Education and training: social and language skills development, purchase of special tools and assistive devices and equipment, fight against early school leaving addressing learners with disabilities in primary and secondary education Example: Austria – Computer training for the deaf or hard of hearing

Promoting Accessibility for persons with disabilities Future Structural Funds should promote and invest on accessibility for persons with disabilities:  Article 7 accessibility as horizontal principle  Article 48 states that ex-ante evaluations shall include measures to remove barriers  Article 3 of the ERDF, includes under scope of support of the Fund investments on accessible infrastructure  Article 100 of the CPR regulation calls for monitoring committees to examine in particular actions on acess  Article 101 include reporting obligations. Example 1: Sweden – Action Support Accessibility Example 2: Hungary – “Providing accessibility to public services maintained by municipalities”

Mainstream participation of persons with disabilities in actions Traditionally:  Basic vocational training and access to training in ICT skills  Measures to increase participation in mainstream education  Job creation in SMEs, support for self-employment The future ESF regulation:  Recital 11 states that the ESF should support inter alia to education, work and employment and accessibility.  Transition from institutional to community-based care  Integration into employment, education or training  Consistency with national disability strategies  Capacity building for stakeholders Example: Ireland – Third level Access

Involvement and partnership with organisations of persons with disabilities? Partnership with civil society and non governmental organisations and their involvement in all phases (art 5)  Guidelines on the European Code of Conduct  Partners, as described above, should be included in the monitoring of the funds and in particular should participate with voting rights in the meetings  Access to the Funds should also be ensured by allowing organisations of persons with disabilities to manage an operation programme Example 1: Monitoring committee - Greece Example 2: Operational Programme – Spain

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