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Update of EU disability strategy

Update of EU disability strategy. Javier Güemes Improving the integration of people with disabilities/ Sofia/ October 2006. definition of disability. General framework laid down in Employment Directive 2000, definition at Member State level no universal definition

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Update of EU disability strategy

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  1. Update of EU disability strategy Javier Güemes Improving the integration of people with disabilities/ Sofia/ October 2006

  2. definition of disability General framework laid down in Employment Directive 2000, definition at Member State level • no universal definition • medical vs social approach • definition varies according to purpose of law • can change in time • what about association with disability?

  3. article 13 Article 13 of the EC Treaty: the Council may take action to combat discrimination based on sex, racial or ethnic origin, religion or belief, disability, age or sexual orientation

  4. employment directive 2000 • scope – employment, vocational training, working conditions, union membership • four types of discriminations: Direct, Indirect, Instructions to discriminate and harassment • reasonable accommodation - Employers must take appropriate measures to adapt the workplace to the disability • positive action – allowed but not required • burden of proof – shared between parties

  5. regulation 1107/2006/EC on rights of disabled persons traveling by air • Cannot deny boarding on basis of disability • Access to free of charge assistance provided by airport’s managing body • Right not to be denied boarding or booking – applicable from the summer of 2007 • Entire regulation - totally effective by summer 2008 and directly applicable to European airports and airlines.

  6. structural funds • Regulatory package was adopted in July 2006 • Represents one third of EU budget (336.1 bln euro) • Disability-related provisions: • Non-discrimination • Accessibility for persons with disabilities • Partnership with civil society • Specific measures for people with disabilities with European Social Fund

  7. disability action plan 2004 – 2010 Operational objectives: • Full implementation of the Employment Directive • Mainstreaming of disability issues • Improving accessibility for all • Priorities for the 3rd phase (2008-2009): • Actions for inclusive participation through accessibility • Fostering accessibility of the labour market • Boosting accessibility of goods, services and infrastructures • Consolidating the Commission’s analytical capacity to support accessibility • Actions towards full enjoyment of fundamental rights • Facilitating the implementation of the UN Convention • Complementing the Community legislative framework of protection againstdiscrimination

  8. european year of equal opportunities 2007 • Rights – raising awareness of the right to equality and non-discrimination • Representation – stimulating a debate on inclusion of under-represented groups in society • Recognition – accommodating diversity • Respect and tolerance – promoting a more cohesive society • http://europa.eu.int/comm/employment_social/fundamental_rights/index_en.htm

  9. other initiatives • Communication on Social Services of General Interest • A framework for quality and accessibility? • 7th Framework Programme on Research and Development • An opportunity to develop the knowledge on the field of disability • Future Proposals for a on Passengers’ Rights maritine transport and bus transport • Expanding the accessibility transport to all transport areas • E-Inclusion communication • The Commission will undertake an impact assessment to produce legislation on e-accessibility

  10. what’s next? • Commission work programme 2008 : proposal to expand the non-discrimination legislation • Consultation with stakeholders on future of European non-discrimination policy • Commission is in an impact assessment process • Comprehensive across-grounds legislation, OR • Disability-specific directive??

  11. un convention on the rights of persons with disabilities • Scope – comprehensive legislation, covers all fields, incl civil, political, economic, social and cultural rights, non-discrimination, children/women with disabilities, development cooperation • Formal adoption – December 2006 in New York • European Communities has ratified the Convention; so individual Member States (except Latvia)  national/European legislation must be adopted; provisions can be used against EU bodies

  12. http://www.edf-feph.org European Disability Forum Rue du Commerce 39-41 1000 Brussels, Belgium T: +32-2-282.46.00 F: +32-2-282.46.09 E: info@edf-feph.org

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