European Disability Strategy Inmaculada Placencia Porrero Deputy Head of Unit Unit D3 Rights of Persons with Disabilities European Commission DG Justice

DISABILITY POLICY AT EU LEVEL Disability policies are mainly the responsibility of the EU Member States People with disabilities have similar concerns throughout the EU: rights, obstacles, discrimination, barriers etc. Administration and provision of social care, social services, healthcare, child care, recognition of disability status, allocation of benefits and pensions > main role of national / regional / local authorities 16% of Europeans (or 80 million people) are living with a disability

It clarifies and qualifies how all categories of rights apply to persons with disabilities and identifies areas where adaptations have to be made for persons with disabilities to effectively exercise their rights UN Convention on the Rights of Persons with Disabilities

LEGAL BASIS for EU action No specific single legal basis providing for legislative or other action in the disability field Article 10 TFEU => mainstreaming approach In defining and implementing its policies and activities, the Union shall aim to combat discrimination based on sex, racial or ethnic origin, religion or belief, disability, age or sexual orientation. Article 19 TFEU => specific legislation Appropriate action to combat discrimination based on sex, racial or ethnic origin, religion or belief, disability, age or sexual orientation. Other (sectoral) legal bases can be relevant, e.g. Internal market (Art 114) Transport (Art TFEU) State Aid ( TFEU) Employment ( TFEU) Social Policy (151, 153 TFEU) Education (Art. 165 TFEU) Public health (Art. 168 TFEU)

The EU Charter of Fundamental Rights Does NOT GIVE additional competence to the EU but Has to be respected in the implementation of EU law Article 21: Discrimination on the grounds of disability shall be prohibited Article 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

The EU and the UNCRPD adopted by the United Nations General Assembly on 13 December 2006 entered into force on 3 May March 2007: the European Community signs the UN Convention 26 November 2009: Council Decision on the conclusion (ratification) of the Convention by the European Community 22 January 2011: entry into force for the EU All MS signed, 25 have ratified it

EU competence in UNCRPD matters EU has concluded the UNCPRD to the extent of its competences the EU cannot act in relation to all UNCPRD areas (limited competence) The UNCPRD is a mixed agreement (some articles concern only member states, other the EU and the member states)

EU competence with regard to the UNCRPD The rights recognised cover almost all policy fields: accessibility, employment, education, health, independent living, participation in culture and sport, civil rights Mixed competences between EU and MS Annex II Decision 2010/48: list of acts on accessibility, independent living and social inclusion, work and employment, personal mobility, access to information, statistics and data collection and international cooperation Declaration of competence can be updated as competences evolve

Declaration of competence 18 legal acts dealing with accessibility 10 legal acts dealing with independent living, social inclusion work and employment 9 dealing with personal moblity 5 dealing with access to information 5 dealing with statistics and data collection 3 dealing with development cooperation

EU and UNCPRD (mixed agreement) EU competence UNCPRD 27 MS competences Legal order & Conferral of powers 1-Treaties 2-UNCRPD 3-Secondary Legislation Competences

In internal areas in the European institutions – Statute for employees Access to employment Accommodation Insurances Family related issues … – Relations to the public Buildings Information websites – CPAS group Revision of UNCRPD relevant areas Identify measures – Report on issues

EU Governance Focal point: European Commission; Unit for the Rights of Persons with Disabilities Coordination mechanism: Human Rights Group of the Council (COHOM) EU Framework art 33.2: Adopted 2012

The members : European Parliament's Petitions Committee European Ombudsman European Commission EU Agency for Fundamental Rights (FRA) European Disability Forum (EDF) The rationale: Limited EU competence: complementarity with the MS frameworks Focus on the tasks: the proposed EU institutions and bodies exercise tasks relevant to art 33.2 within their existing mandates Simple, efficient and practical arrangement to maximise the synergies between existing bodies and institutions No legal changes / additional resources are necessary EU Framework

Reporting to the UN: art 35 CRPD Each State Party shall submit to the Committee on the Rights of Persons with Disabilities a report: oon measures taken to give effect to its obligations under the Convention and on the progress made otwo years after the entry into force of the Convention for that state party oArticle 44 CRPD oConvention open to ‘regional integration organizations’ for signature and ratification oProvisions of the Convention will apply to such organizations as States Parties within the limits of their competence

Addressing The guidelines (general aspects) Comprehensive stock taking of EU work related to Disability policy and legislation Progress in promoting the rights of persons with disabilities Distinguish Problems and shortcomings  --  competences Policy plans Involvement of NGOs and consultation The common core document The Treaty specific document

Content of the Report Focus UNCRPD entry into force for EU January 2011 to 2013 but previous information where relevant Under each article : relevant measures, legislation, programmes, funding,… -Introduction to EU legal framework -Charter of Fundamental Rights -Internal implementation in EU institutions -Addressed the declaration of competences but not limited -Legislation adopted, repealed, amended after the Council Decision for Conclusion -Case law of the Court of Justice (Dir 2000/78) -EU level statistics describing rights enjoyments and gaps

Examples of the content -EU legal order -General EU data Statistics -General provisions -purpose -definitions -general principles and general obligations -Specific substantive rights( equality, accessibility, education, employment, mobility,…. -Specific situation women and children -Statistics, international cooperation, Governance (art 33) -Internal implementation in EU institutions Annexes: statistics, Declaration of competences, European Disability Strategy , references

Examples Article 12 Competences Charter Fundamental Rights Exchanges at the DHLG FRA reports Support to DPOs Article 9 Legal Acts (thematic, consumer) Standards Research Policy frameworks

European Disability Strategy Adopted on 15 November 2010 Objectives: To empower people with disabilities to enjoy their full rights To Create a barrier-free Europe for all > It provides a strategic and multiannual framework to facilitate the implementation of the UNCRPD by the EU and support Member States in their implementation Three main documents: Communication on a European Disability Strategy List of Actions Background Document with facts and figures

Areas for action Accessibility of goods and services Participation as equal citizens in Europe and quality community-based services Equality and combating discrimination Employment in the open labour market Inclusive education and training Social protection to combat poverty and social exclusion Equal access to health services and related facilities EU external action including EU enlargement, neighbourhood and international development programmes > List of Actions ( )

How does it work Legislation Mainstreaming Cooperation Governance Funding Information exchange Awareness-raising Reporting Studies Data collection and monitoring Training

Funding The Rights, Equality and Citizenship Programme will finance actions to promote and protect the rights of persons with disabilities and the effective implementation of the principle of non-discrimination through:Rights, Equality and Citizenship Programme research, analytical activities, data collection, the development of common methodologies and indicators or benchmarks, - experts’ meetings and conferences, training, mutual learning, cooperation, awareness-raising and dissemination activities - Support to NGOs and European-level networks through grants for actions or operating costs.

ANED Europe 2020 more early school leavers (31% vs. 12%) fewer people with tertiary education attainment (22% vs. 35%) lower employment rates (38% vs. 67%) and higher risk of poverty and social exclusion (38% vs. 23%) Statistics Overview of Policy and law Independent living Transition between education and employment Benefits and entitlements Accessibility Consumer protection Health

Individual record contains: Country Theme (e.g. Accessibility) Instrument (e.g. a law) Description of the instrument Web link to the source Additional links Date of update

Commission Actors and New Instruments Services level – Units – Focal Point – Inter service group on disabilities (coordination) – Steering groups Impact Assessments – Social, economic environmental and Fundamental Rights Proposals – Inter service consultations Cabinets level – meetings

Other Actors in coordination with the Commission The Council (Code of Conduct) COHOM and the UNCRPD Other Council working groups(Transport, Telecom, Social Questions….) Disability High level Group Other thematic High level groups (INCOM, Transport, Standards…) The European Parliament – European Parliament Disability Intergroup – The Petitions Committee – Reports and initiatives The Economic and Social Committee, The Committee of the Regions – Opinions, and other initiatives

Useful weblinks EU Treaties making/treaties/index_en.htmhttp://europa.eu/about-eu/basic-information/decision- making/treaties/index_en.htm How the EU works European Disability Strategy : lex.europa.eu/LexUriServ/LexUriServ.do?uri=COM:2010:0636:FIN:EN:PDFhttp://eur- lex.europa.eu/LexUriServ/LexUriServ.do?uri=COM:2010:0636:FIN:EN:PDF Initial plan to implement the Strategy: List of Actions : OT OT Council Decision 2010/48/EC (26/11/2009): Conclusion by the European Community of the UN CRPD lex.europa.eu/LexUriServ/LexUriServ.do?uri=OJ:L:2010:023:0035:0061:EN:PDFhttp://eur- lex.europa.eu/LexUriServ/LexUriServ.do?uri=OJ:L:2010:023:0035:0061:EN:PDF Academic Network of European Disability Experts (ANED) europe.net/ europe.net/ "DOTCOM" – the on-line tool presenting instruments to implement UNCRPD in EU Member States