1. Giampiero Griffo Disabled Peoples International - DPI T he UNCRPD implementation in Europe: a tool and a challenge for DPI

2. 3.5.2008 Entry in force of UN Convention on the rights of PwD EU ratify 23.1.2011

3. Higher recognition of the rights of pwd

4. From the recognition of the needs To recognition of the rights

5. 154 States has signed CRPD 90 States has signed Optional Protocol 125 States has ratified CRPD 75 States has ratified Optional Protocol

6. World ratification process  CRPD is an international standard both for persons with disabilities programs and policies and for general development

7. Ratification in Europe (36 + 1 – 24 of EU) Armenia, Austria, Azerbaijan, Belgium, Bosnia and Herzegovina, Bulgaria, Cyprus, Czech republic, Croatia, Denmark, Estonia, France, Germany, Greece, Hungary, Italy, Latvia, Lithuania, Luxembourg, Macedonia, Malta, Moldova, Montenegro, Poland, Portugal, S. Marino, Romania, Russia Federation, Serbia, Slovakia, Slovenia, Spain, Sweden, Turkey, Ukraine, United Kingdom of Great Britain and Northern Ireland European Union DPI-EuropeEuropean Disability Forum

8. New perspectives for PwD in the world 1 billions of Persons with Disabilities can Change their Quality of life (15% of world population)

9. Condition of PwD in the world 82% live in developing countries (about 800 millions, 1/3 of the poor population)

10. Condition of PwD in the world Only 2% receives services or support

11. DPI-EuropeEuropean Disability Forum Condition of PwD in the world 90% of pwd are unemployed (OIL)

12. Condition of PwD in the world 98% children with disabilities not have access to a formal education

13. Condition of PwD in European Union 80 millions in 27 countries

14. Condition of PwD in European Union The unemployment rate is about 80% 2003 – EUROSTAT) 17% of active population in European Union have a disability

15. Condition of PwD in European Union 500.000 PwD are segregated in 2.500 Mega-instituts (2004, INCLUDED IN SOCIETY)

16. The Condition of PwD Societies’ low regard for the abilities of persons with disabilities has resulted in discrimination and stigma attached to disability which pose great barriers in their participation in economic, cultural, political and social life

17. DPI-Europe 17 The Condition of PwD PwD are discriminated citizen and live conditions of lack of equal opportunity PwD meet obstacles and barriers to social participation PwD = INVISIBLE CITIZEN

18. The contents of the UN Convention will be the base of intervention in all countries Article 1 - Purpose The purpose of the present Convention is to promote, protect and ensure the full and equal enjoyment of all human rights and fundamental freedoms by all persons with disabilities, and to promote respect for their inherent dignity.

19. Persons with disabilities are part of society DPI-EuropeEuropean Disability Forum

20. Economical crisis in Europe Strong resistance from the governments to accept the human rights approach: first time in Europe a solution against the economical crisis is cut the social funds mains resistances are on the education, on independent living, on social protection DPI-EuropeEuropean Disability Forum

21. Convention on the Rights of PwD Article 24 – Education 1. States Parties recognize the right of persons with disabilities to education. With a view to realizing this right without discrimination and on the basis of equal opportunity, States Parties shall ensure an inclusive education system at all levels and life long learning directed to: (a) The full development of human potential and sense of dignity and self-worth, and the strengthening of respect for human rights, fundamental freedoms and human diversity; (b) The development by persons with disabilities of their personality, talents and creativity, as well as their mental and physical abilities, to their fullest potential; (c) Enabling persons with disabilities to participate effectively in a free society.

22. Statistics of EADSNE 2008 Total pupils in primary school 54.891.009 Total pupils with disabilities 2.273.041 (4,14%) Pupils with disabilities 889.482 (1,6%) in ordinary setting 39,1% Pupils with disabilities 1.383.559 (2,54%) in segregated setting60,9%

23. Condition of PwD in European Union 60% of children with disabilities are segregated in special classes or schools (2008, EURIDYCE)

25. Article 44 - Regional integration organizations 1.“Regional integration organization” shall mean an organization constituted by sovereign States of a given region, to which its member States have transferred competence in respect of matters governed by this Convention. Such organizations shall declare, in their instruments of formal confirmation or accession, the extent of their competence with respect to matters governed by this Convention. Subsequently, they shall inform the depositary of any substantial modification in the extent of their competence. 2.References to “States Parties” in the present Convention shall apply to such organizations within the limits of their competence. 3.For the purposes of article 45, paragraph 1, and article 47, paragraphs 2 and 3, any instrument deposited by a regional integration organization shall not be counted. 4.Regional integration organizations, in matters within their competence, may exercise their right to vote in the Conference of States Parties, with a number of votes equal to the number of their member States that are Parties to this Convention. Such an organization shall not exercise its right to vote if any of its member States exercises its right, and vice versa. DPI-EuropeEuropean Disability Forum

26. EU fonctioning EU Parliament EU Commission Council of Ministries EU institutions DPI-EuropeEuropean Disability Forum

27. NATIONAL COMPETENCE European Union competence, delegate by state members in a EU Treaty DPI-EuropeEuropean Disability Forum

28. EU instruments Directives and regulations (30% of national legislation) Programs Policies EU unit on disability in the DG justice (from DG social) DPI-EuropeEuropean Disability Forum

29. European disability forum 27 national council 40 European organizations Lobbying activity toward European institutions European Parliament National govermants DPI-EuropeEuropean Disability Forum

30. EDF initiative Periodical Meeting with head of EU institutions to evaluate implementation of CRPD Intergroup on disability in EU Parliament Participation to HLG and other EU bodies Meeting with DG of EC Seminar on disability during each presidency DPI-EuropeEuropean Disability Forum

31. EU Comptetences - exclusive a)the compatibility of State aid with the internal market (b) the common custom tariff (c) its own public administration (d) any other matter to the extent that provisions of the Convention or legal instruments adopted in implementation thereof affect or alter common rules previously established by the Union DPI-EuropeEuropean Disability Forum

32. EU Comptetences - shared competence and on matters where the Union coordinates, supports and/or supplements the actions of the Member States — action to combat discrimination on the ground of disability - free movement of goods, persons, services and capital — agriculture — transport by rail, road, sea and air transport — taxation — internal market — equal pay for male and female workers — trans-European network policy — statistics DPI-EuropeEuropean Disability Forum

33. Union legal acts or policy measures, where there is close and substantial connection with the implementation of the CRPD — employment — development of quality of education and implementation of a vocational training policy — economic and social cohesion — development cooperation — cooperation with industrialised countries DPI-EuropeEuropean Disability Forum

34. European Union initiative Ratification produce: European disability startegy (2010-2020) Directive of access to market on equal basys System of monitoring Forum of discussion DPI-EuropeEuropean Disability Forum

35. European strategy on disability (2010-2020) Accessibility Participation Equality Employment Education and vocational training Social protection Health External relationship

36. European strategy on disability (2010-2020) Accessibility Ensure accessibility to goods, services including public services and assistive devices for people with disabilities. Regulations for passenger with disabilities in Air, bus, train, boat and ITC and television Public procurements Directive on equal access of market provisions (services and goods)

37. European strategy on disability (2010-2020) Participation Achieve full participation of people with disabilities in society by: -enabling them to enjoy all the benefits of EU citizenship -Freedom of movement campaign -Parking card - removing administrative and attitudinal barriers to full and equal participation; -providing quality community-based services, including access to personal assistance -Community living programme

38. European strategy on disability (2010-2020) Equality Eradicate discrimination on grounds of disability in the EU Directive on employment, Ombdusperson, EU Agency on HR Employment Enable many more people with disabilities to earn their living on the open labour market Specific provisions

39. European strategy on disability (2010-2020) Education and vocational training Promote inclusive education and lifelong learning for pupils and students with disabilities EU Agency on development for SEN, programs Social protection Promote decent living conditions for people with disabilities

40. European strategy on disability (2010-2020) Health Foster equal access to health services and related facilities for people with disabilities External relationship Promote the rights of people with disabilities within the EU external action Lobbying activities to EC Italian network on disability and development

41. European strategy on disability (2010-2020) Implementation of the Strategy: Awareness-raising Raise society’s awareness of disability issues and foster greater knowledge among people with disabilities of their rights and how to exercise them

42. European strategy on disability (2010-2020) Implementation of the Strategy: Financial support Optimise use of EU funding instruments for accessibility and non-discrimination and increase visibility of disability-relevant funding possibilities in post-2013 programmes (structural funds)

43. European strategy on disability (2010-2020) Implementation of the Strategy: Statistics and data collection and monitoring Supplement the collection of periodic disability-related statistics with a view to monitoring the situation of persons with disabilities. Statistical indicators

44. European work forum Annual meeting to evaluate in the state members and in EU the Progress on implementation of CRPD Participation of experts, DPOs, NIHR, EU unit on disability DPI-EuropeEuropean Disability Forum

45. Other issues Reasearch on disability Participation to ANED work EU programs on research Support National council in accession countries (Balkan area, ex-Russia countries) Bioethics Document on persons with disabilities in S. Marino DPI-EuropeEuropean Disability Forum

46. National level DPI-EuropeEuropean Disability Forum

47. CONVENTION ON THE RIGHTS OF PERSONS WITH DISABILITIES ARTICLE 3 - GENERAL PRINCIPLES The principles of the present Convention shall be: (a) Respect for inherent dignity, individual autonomy including the freedom to make one’s own choices, and independence of persons; (b) Non-discrimination; (c) Full and effective participation and inclusion in society; (d) Respect for difference and acceptance of disability as part of human diversity and humanity; (e) Equality of opportunity; (f) Accessibility; (g) Equality between men and women; (h) Respect for the evolving capacities of children with disabilities and respect for the right of children with disabilities to preserve their identities.

48. DPI-Europe48 UN Convention on the rights of PwD Article 5 – Equality and non discrimination 1.States Parties recognize that all persons are equal before and under the law and are entitled without any discrimination to the equal protection and equal benefit of the law. 2.States Parties shall prohibit all discrimination on the basis of disability and guarantee to persons with disabilities equal and effective legal protection against discrimination on all grounds. 3.In order to promote equality and eliminate discrimination, States Parties shall take all appropriate steps to ensure that reasonable accommodation is provided. 4.Specific measures which are necessary to accelerate or achieve de facto equality of persons with disabilities shall not be considered discrimination under the terms of the present Convention.

49. Examples of discrimination in Europe OrdinaryPCD Unemployment 11,0%70,0% Railway Access 100%<5% Access to information100%<3%

50. Discrimination on the basis of disability “Discrimination on the basis of disability” means any distinction, exclusion or restriction on the basis of disability which has the purpose or effect of impairing or nullifying the recognition, enjoyment or exercise, on an equal basis with others, of all human rights and fundamental freedoms in the political, economic, social, cultural, civil or any other field. It includes all forms of discrimination, including denial of reasonable accommodation;

51. Multidiscrimination for women with disabilities DPI-EuropeEuropean Disability Forum

52. National antidiscrimination legislation Transposition of EU directives 78/2000 Specific antidiscrimination law in: Chech rep, Finland, Germany, Ireland, Italy, Serbia, Sweden, UK, … National independent Human right institutions DPI-EuropeEuropean Disability Forum

53. The condition of persons with disabilities is a Human Rights matter

54. Discrimination is the different treatment without justification

55. DPI-Europe55 Equal opportunities (UN Standard rules - 1993) “24. To realize ’"equal opportunities" means to make possible the process through which the different societies and different environments, as well as the services, activities, information and documentation, are rendered accessible to all, especially to persons with disability. 25. The principle of equality of rights implicates that the needs of each person and of all individuals are of equal importance, that these needs must become the foundation for the planning of society and that all the resources are committed in such a way to assure that each individual has the same opportunity to take part.

56. DPI-Europe 56 Equal opportunities (UN Standard rules - 1993) 26. Persons with disability are members of society and have the right to stay within their community. They should receive the support they need within ordinary structures for education, health, the commitment and welfare services. 27. When persons with disability acquire equal rights, they should have equal duties. When these rights have been acquired, society should increase their expectations towards persons with disability. As part of the process for equal opportunities, we should see to it that, persons with disability take on their full responsibility as members of society.

57. Disability in not only a competence field for professionals, but mainly a political and cultural problem

58. The Condition of PwD The disability condition is both cause and effect of poverty

59. Poverty and PwD Poverty for economic and social condition: lack of economic resources, degradated conditions (health, food, igienic, social, etc.) POVERTY OF RESOURCES

60. Poverty and PwD Poverty for social impoverishment: obstacles and barriers for access to rights, unequal and discriminated treatment, more cost to enjoy goods and services, etc. POVERTY OF RIGHTS

61. Research of Leonard Cheshire in United Kingdom A family in which live a person with disabilities have the double probability to become poor

62. Poverty and PwD Economic poverty and social condition + Poverty for social impoverishment = POVERTY OF SOCIAL RECOGNITION Social Exclusion

63. EU ENCOURAGE INCLUSION OF PWD IN THE NATIONAL POLICIES RELATED TO POVERTY, SOCIAL COHESION, EMPLOYMENT AND ACCESS TO MARKET The planning activitiy sharing with 27 country members is the Plan of reform DPI-EuropeEuropean Disability Forum

64. Paradigma’s Change From Medical Model of Disability  To Social Model of Disability based on Human rights respect

65. Medical Model Social Model on HR PWD are ill, invalid Treatment is recovery and protection The PWD need to be segregated Prevalent competences for PwD are medical PWD are citizen with different abilities PWD live discrimination & lack of equal opportunity Treatment is social inclusion All society is competent

66. Definition of disability into UN Convention “disability results from the interaction between persons with impairments and attitudinal and environmental barriers that hinders their full and effective participation in society on an equal basis with others” (preamble e)

67. DPI-EuropeEuropean Disability Forum Human Diversity Convention on the rights of persons with Disabilities UN 2006 Environmental & social factors Empowerment/Impoverishment Personal factors Empowerment/ impovesishment Functions and body structures (characteristics) Activities (Limitation & Discrimination) Participation (Restrinction & Inclusion)

68. Convention on the rights of persons with Disabilities The condition of persons with specific characteristics depend from social and individual factors Disability isn’t an health condition Prevent disability in medical and social policies Disability is an ordinary condition of all human being

69. Prevent disability isn’t a cost but economical and social convenience DPI-EuropeEuropean Disability Forum

70. Strategical actions Legal protection New Treatment Collecting Data Appropriate Policies Inclusive development CBR-CBID Monitoring DPI-EuropeEuropean Disability Forum

71. DPI-Europe 71 Convention on the Rights of Persons with Disabilities Article 4 – General Obligations 2.With regard to economic, social and cultural rights, each State Party undertakes to take measures to the maximum of its available resources and, where needed, within the framework of international cooperation, with a view to achieving progressively the full realization of these rights, without prejudice to those obligations contained in the present Convention that are immediately applicable according to international law.

72. Actions for Legal protection Training on Human Rights legal protection PwD, DPOs and lawyers Create legal protection centers Building alliance with HR Commission and other HR independent bodies DPI-EuropeEuropean Disability Forum

73. Sentences in various contries based on CRPD Italy on inclusive education UK on employment … DPI-EuropeEuropean Disability Forum

74. Empowerment  Enforce the capacity and skills  Give power in society  Support the participation of PwD into society and their communities, support involvement of DPOs in the process of ratification, implementation and monitoring of CRPD  Training Pwd on Human Rights

75. Empowerment  Individual  Social  Political

76. Empowerment

77. DPI-Europe77 UN Convention on the rights of PwD Article 26 – Habilitation and rehabilitation 1.States Parties shall take effective and appropriate measures, including through peer support, to enable persons with disabilities to attain and maintain maximum independence, full physical, mental, social and vocational ability, and full inclusion and participation in all aspects of life. To that end, States Parties shall organize, strengthen and extend comprehensive habilitation and rehabilitation services and programmes, particularly in the areas of health, employment, education and social services, in such a way that these services and programmes: (a)Begin at the earliest possible stage, and are based on the multidisciplinary assessment of individual needs and strengths; (b)Support participation and inclusion in the community and all aspects of society, are voluntary, and are available to persons with disabilities as close as possible to their own communities, including in rural areas.

78. DPI-Europe78 Re-habilitate Habilitate

79. Read with closed eyes Move without walking Communicate without speaking Living with open heart

80. DPI-Europe80 Re-habilitate society Habilitate all professionals & politicians

87. Addis Abeba (Etiopia) Donna sorda vasaia

89. UN Convention on the rights of PwD Article 31 - Statistics and data collection 1. States Parties undertake to collect appropriate information, including statistical and research data, to enable them to formulate and implement policies to give effect to the present Convention. The process of collecting and maintaining this information shall: (a) Comply with legally established safeguards, including legislation on data protection, to ensure confidentiality and respect for the privacy of persons with disabilities; (b) Comply with internationally accepted norms to protect human rights and fundamental freedoms and ethical principles of statistics. 2. The information collected in accordance with this article shall be disaggregated as appropriate and used to help assess the implementation of States Parties’ obligations under the present Convention, and to identify and address the barriers faced by persons with disabilities in exercising their rights. 3. States Parties shall assume the responsibility for the dissemination of these statistics and ensure their accessibility to people with disabilities and others.

90. Data and persons with disabilities From Statistics data based on medical model of disability to  Statistics data based on social model of disability From Statistics data focused on institutions to  Statistics data centered on respect of human rights

91. Data and persons with disabilities Collecting data on real condition of persons with disabilities: Check the condition of discrimination,lack of equal opportunities and participation Mainstreaming disability in statistics Evaluate social inclusion policies

92. EMANCIPATORY RESEARCH IN MANDHYA DISTRICT (INDIA) EU statistical indicators to check the progress in implementation of CRPD DPI-EuropeEuropean Disability Forum

93. Data and persons with disabilities No data No policies Poor data Poor policies Appropriate data New policies

94. Reformulate the concept of justice for PwD The model of disability based on respect of human rights for persons with disabilities as neuw paradigma of justice, ethic and praxis of society and individuals

95. Reformulate the concept of justice for PwD No a Justice based on Metaphisic Charity Reimboursement Protection

96. Reformulate the concept of justice for PwD Yes to a new concept Of Justice based on Inclusion Empowerment respect of Human Rights Put in value the Human Diversity

97. From a welfare based on social protection to a development based on social inclusion

98. Mainstreaming policies Use of the economical and human resources for all

99. Inclusive development  Include the “social” as element of development  Building a development that respect Human Rights of all  Link the development to inclusion (development without exclusion)

100. Globalization of the Rights vs Globalization of the market

101. Social Inclusion = Inclusive development

102. Community-based Rehabilitation   Community-based inclusive development

103. Community based Rehabilitation - CBR CBR is a strategy of local community development, based on respect of Human rights of all members, organizing habilitation and rehabilitation services to garantee equal opportunity and social inclusion of PwD CBR is building by an inclusive development strategy, with direct participation of PwD, their families and all member of communities, removing barriers and obstacles and deleting discrimination in all society and creating adequate services and programmes particular in the area of health, education, employment and social services.

104. UN Convention on the rights of PwD Article 33 – National implementation and monitoring 1.States Parties, in accordance with their system of organization, shall designate one or more focal points within government for matters relating to the implementation of the present Convention, and shall give due consideration to the establishment or designation of a coordination mechanism within government to facilitate related action in different sectors and at different levels. 2.States Parties shall, in accordance with their legal and administrative systems, maintain, strengthen, designate or establish within the State Party, a framework, including one or more independent mechanisms, as appropriate, to promote, protect and monitor implementation of the present Convention. When designating or establishing such a mechanism, States Parties shall take into account the principles relating to the status and functioning of national institutions for protection and promotion of human rights. 3.Civil society, in particular persons with disabilities and their representative organizations, shall be involved and participate fully in the monitoring process.

105. EU system of monitoring Reports of the Union and its Member States will cover their respective competences Agreements and conflicts Space of political action from Dpos, in the reccommendation of the UN Committee on the right of persons with disabilities Presence of leaders of the disability movement in the UN committee ; in Spain CERMI recognize independent body

106. EU Member states that present report to UN Croatia, Hungary, Italy, Slovakia, Spain, … Shadow report in Italy, Slovakia, Spain,..

107. Monitoring respect of Human rights of PwD National and local Action plan on disability

108. Disability is an envolving concept DPI-EuropeEuropean Disability Forum

110. Insertion, Integration, Inclusion… Inclusion is a complex and systemic process to transform rules, aptitudes, behavior Inclusion needs instruments of participation and support of training and inclusive rules

111. Social Inclusion Inclusion is a right based on full participation of PwD in all fields of life on equal base by the others, without discriminations, respecting dignity and valorising human diversity, throught appropriate interventions, removing barriers and prejudices and support based on mainstreaming to live in local communities

112. Inclusion is effective only with direct participation of excluded and discriminated Persons

113. Nothing about us without us We are really experts on our own life Hamburg declaration “ enable people and communities to take control of their destiny and society”

114. UN Convention on the rights of PwD Article 4 – General Obligations 3.In the development and implementation of legislation and policies to implement the present Convention, and in other decision- making processes concerning issues relating to persons with disabilities, States Parties shall closely consult with and actively involve persons with disabilities, including children with disabilities, through their representative organizations.

117. Put in Value human diversity

118. Old Greece  Kalòs = man health and beautiful  Kai = is also  Agathòs = good and appropiate

121. The participative and inclusive societies  Right to be different  Difference to be right

122. DPI-EuropeEuropean Disability Forum