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Inmaculada Placencia Porrero Deputy Head of Unit

The EU´s upcomming conclusion of the UN Convention on the Rights of Persons with Disabilities. Practical implications and governance issues for the EU, its Member S tates and its institutitions. Inmaculada Placencia Porrero Deputy Head of Unit

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Inmaculada Placencia Porrero Deputy Head of Unit

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  1. The EU´s upcomming conclusion of the UN Convention on the Rights of Persons with Disabilities. Practical implications and governance issues for the EU, its Member States and its institutitions Inmaculada Placencia Porrero Deputy Head of Unit DG Employment social affairs and equal opportunities European Commission Inmaculada.placencia-porrero@ec.europa.eu

  2. Disability Action plan 2003-2010 • 3 Communications on the situation of persons with disabilities: • COM/2003/650 • COM/2005/604 • COM 2007/738 • 3 pillars • Antidiscrimination • Mainstreaming • Accessibility • Significant results at EU level

  3. The UN Convention • 13 December 2006 Adoption by the General Assembly • 30 March 2007 Signed by the European Community • 3 May 2008 entry into force • Signed by all Member States • 20 MS signed OP • Ratified by 15 MS (also 12 the Option protocol) (Austria, Belgium, Germany, France, Hungary, Italy, Portugal, Spain, Slovenia, Sweden, United Kingdom the Czech Republic, Denmark , Latvia and Slovakia)

  4. EU perspective • Formal confirmation = legal engagement • proposals for the Council Decisions concerning the conclusion by the European Community of the UN Convention and the Optional ProtocolCOM (2008) 530 • text of the Decisions • text of the Convention/Optional Protocol • Annexes: declaration of competence + reservation • European Parliament (positive opinion) • rapporteur Ms RumianaJeleva • 24 April 2009 (legislative reports + resolution) • Council (ongoing) • working group – COHOM • 26 Nov 2009 – adoption of the Decision on the UNCRPD • Code of Conduct under negotiation

  5. Policy milestones: towards a new Strategy (1) • First Ministerial meeting on Disabilities in 2007 • German Presidency conclusions: • Alignment of DAP and UNC • Involvement of HLG in the UN C implementation • Identification of common challenges and solutions

  6. Policy milestones: towards a new Strategy (2) • COM 2007/738 conclusion: commitment to tackle common challenges and solutions paves the way for national consistent and comparable targets to reflect the implementation of UNC • Council Resolution (2008/ C 75/01) invites the Commission to begin work on a new European Disability strategy to succeed the current DAP assessing how national actions reflects EC and MS commitments to fully implement UNC and considering setting consistent and comparable national targets to that end.

  7. UN Convention implementation • Annual disability Minister meeting • Presidency Conclusions • Annual Disability High level Group report on implementation http://ec.europa.eu/social/BlobServlet?docId=2790&langId=en • Annual Information Note http://ec.europa.eu/social/main.jsp?catId=431&langId=en • Annual Presidency Conference • European Disability Strategy: Present and future

  8. Elements in the new strategy • Implementation UNC: • Implementation thematic level • Implementation at formal level • Coordination • focal point • independent mechanism • Monitoring: • Statistics • Indicators and targets with dates • UNC report • Thematic Actions for: • European Commission actions • Possible common actions at National level • Support implementation of the UN Convention requires. • EU institutions • Civil society

  9. Commission proposals for conclusion (1) • Proposal for a Council Decision concerning the conclusion (formal confirmation), by the European Community, of the United Nations Convention on the Rights of Persons with Disabilities COM (2008) 530-1 • Proposal for a Council Decision concerning the conclusion (accession), by the European Community, of the Optional Protocol to the United Nations Convention on the Right of Persons with Disabilities COM (2008) 530-2. • 29 August 2008 • COHOM • Content • Approval • Deposition of instrument • Commission organization issues related to art 33 • Reporting • Representation • Procedural articles (amendment, denunciation) • Declaration of Competence • Reservation

  10. Commission proposals for conclusion (2)Article 3 • The Commission to be the Focal point • Community institutions may establish a coordination mechanism (ref to art 33.1 UNC) • Council to decide on Commission proposal for establishment of independent mechanisms (ref to art 33.2 UNC)

  11. Commission proposals for conclusion (3)Other issues • Art 4 Commission to nominate expert to the Committee on behalf of the Community • Art 5 MS to submit report to Commission on matters falling under EC competence. • Modus operandi by Commission • Art 5 Community institutions to decide by common agreement on reporting • Art 6 The Commission to represent the Community in UN bodies in areas falling under Community competence.

  12. Commission proposals for conclusion (4) • Optional protocol • Approval • Deposition of instrument • Obligation of mutual information and cooperation when community law is involved • Submission of communications • Procedural articles (amendment, denunciation) • Declaration of Competence • Reservation

  13. Council Decision Conclusion UNCRPD • 26 November 2009: Council Decision 2010/48/EC concerning the conclusion (formal confirmation), by the European Community*, of the United Nations Convention on the Rights of Persons with Disabilities • Article 2 (deposit of instruments of formal confirmation) • Article 3 (COM as the focal point) • Article 4 (external representation, close cooperation) • Articles 3 – 4 (Code of Conduct) • Annex I (UNCRPD) • Annex II (declaration of competence + appendix) • Annex III (reservation)

  14. Areas of competence of the Community • Does not create new competences • The extent of the Community’s competence ensuing from these acts must be assessed by reference to the precise provisions of each measure, and in particular, the extent to which these provisions establish common rules that are affected by the provisions of the Convention. • regarding accessibility • in the field of independent living and social inclusion, work and employment • in the field of personal mobility • regarding access to information • regarding statistics and data collection • in the field of international cooperation

  15. Role of the EC • Regional Integration Organization art 44.1 UNC • Double implication of the UNCRPD • Vis a vis MS (declaration of competences) • Community institutions (art 300.7 TEC) • Art 33 organizations at both levels: EC as Regional Integrations organisations + EC Institution: • Focal point ( matters of implementation) • Independent mechanism (promote, protect and monitor implementation) • Coordination mechanism (sectors and levels) • Civil society participation monitoring • Governance (EC Participation to): • Conference of State Parties • Committee on the Rights of Persons with disabilities

  16. EU perspective • UNCRDP mixed agreement • European Union as a party to the Convention • declaration of competences • Added value for implementation: • EU law • 1) improves the coherence of the legal interpretations of overlapping provisions of the UN Convention at the European level, and • 2) provides for uniform and minimal protection with regards to the relevant obligations of the UN Convention, and also for the provision for legal enforcement mechanism • Platform for exchange of good practices and mutual learning • 1) annual HLG Report on progress in implementation of the UNCRPD, • 2) Work Forum for the EU focal points, coordination and independent mechanisms for the UN Convention

  17. Impact on European institutions • Double application: • within the Community competences across the EU (UN Convention) • internally to the European institutions (Art 216.2 TFEU, ex 300.7 TEC) • Relevant provisions and obligations • Employment (Article 27) • Accessibility (Article 9) • Statistics and data collection (Article 31) • Others...

  18. Organization and actorsdisability matters EC • High level group on disability • Inter service group on disability • DGs disability sector activities • Sectors High level groups • Disability units • Instruments: • ISC • IA • Other institutions • CWG, • EP • (inter institutional mechanism)

  19. Considerations • Link to article 31 on statistics and data collection • Links to article 35 on reports by State Parties (measures, progress, 2 years ) • Committee shall decide guidelines for reports • Involvement persons with disabilities (involvement and support)

  20. Impact on HR Policy • Right to work on an equal basis with the others • Non-discrimination in all stages* and all forms** of employment • Just and favourable working conditions • Labour and trade union rights • Access to guidance and training • Reasonable accommodation • Rehabilitation, job-retention, return-to-work (Employment, Article 27)

  21. Impact on European institutions Enforcement of UNCRPD provisions: • Staff Regulations (Article 1d + Articles 90&91) • Civil Service Tribunal (Article 270 TFEU, ex Article 236 TEC) • Ombudsman (Article 228 TFEU, ex Article 195 TEC)

  22. New disability strategy • Implement the UNC • Common challenges and solutions • Indicators, targets, • NGOs support and involvement • Consultations for preparation • Work forum in 2010 coordination

  23. Conclusion • Cooperation with MS • Implementation within Community institutions • Participation of civil society • Best practices

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