Protecting the rights and improving the lives of persons with disabilities by Carlotta Besozzi European Disability Forum

10 years fighting for disability rights The representative voice of disabled people and parents of disabled people in Europe since 1996 MHE among the founders of EDF Fighting for the rights and promoting non- discrimination of disabled people in EU policy- making One national federation in all EU-27, Norway and Iceland, 50 European platforms representing specific impairments and sectors

Key achievements Art 13 of the EU Treaty Disability reference in the Charter of Fundamental Rights Employment Directive Accessibility of urban buses Public procurement Air passengers’ rights EU Structural Funds

EDF and the UN Convention Human rights and equal opportunities at the core of EDF agenda All EU member States involved Mandate for EC negotiation in 2003 Opportunity to advance disability rights in EU and international agenda

History of the Convention  Proposal for drafting presented by Mexico in 2001, after failures by Sweden and Italy in the 90s  Decision to appoint an Ad Hoc Committee for drafting in 2001  First meeting August 2002 followed by 2-3 weeks bi-annual sessions in NY  January 2004 – restricted drafting working group  August 2006 final text  Final adoption by General Assembly December 2006

Nothing about us without us  At the core of the negotiations  Convention with the most active involvement of civil society and no closed sessions  EDF among first 9 NGOs accredited in 2002  EDF as representative of disabled people towards the EU member States and European Commission  EDF supported the establishment and running of the International Disability Caucus

What does the Convention bring to disabled people? Disability recognised as a human rights issue Completes and interprets universal declaration of human rights and exisiting conventions All human rights (economic, social, cultural, political) are presented from a disablity perspective brings new concepts Provides international morally binding standards Enforceable when ratified

Who is covered? Disability is an evolving concept: Social model of disability Ensure that all disabled people are covered accross the world «Persons with disabilities include those who have long-term physical, mental, intellectual or sensory impairments which in interaction with various barriers may hinder their full and effective participation in society on an equal basis with others”.

Main concepts Respect for the inherent dignity, individual autonomy, freedom to make one’s own choices and independence Non-discrimination Full and effective participation and inclusion in society Respect for difference and acceptance of persons with disabilities as part of human diversity and humanity Equality of opportunity Accessibility Equality between men and women Respect for the evolving capacities of children with disabilities and respect for the right of children with disabilities to preserve their identities

Innovations Promoting Equality, eliminating discrimination in all forms, providing reasonable accommodation Twin track approach for women and children Right to life and situations of risk Equal recognition before the law Living independently and being included in the community Habilitation and rehabilitation

Mental health issues Moving from guardianship systems to support decision-making systems The existence of a disability does in no case justify a deprivation of liberty Persons with disabilities not subjected to cruel, inhuman, degrading treatment punishment Right to physical and mental integrity Living independently and being included in the community

Towards enforcement 96 states have signed, 52 optional protocol (22 EU) Binding when ratified Need for accurate translations Awareness raising is key Review national legislations in the light of Convention Need for a plan of action Implications at European Communities level Non discrimination legislation