European disability strategy The European Action Plan 2003-2010

1. European disability strategy The European Action Plan 2003-2010 Inmaculada Placencia Porrero Deputy Head of Unit Directorate General Employment, Social affairs and equal opportunities Unit Integration of People with Disabilities Inmaculada.placencia-porrero@ec.europa.eu

2. INCLUDING ALL PEOPLE WITH DISABILITIES Why a DISABILITY STRATEGY AT EU LEVEL? • Disability policies are essentially the responsibility of individual Member States. • However European community policies and actions impact in many ways on situation of people with disabilities. • Hence, there is a need to (1) reinforce the disability dimension in all relevant EU policies and actions and to (2) establish a sustainable and operational approach to disability in the EU.

3. Disability is a right issue and not a matter of discretion: this approach is at the core of the UN Convention of the rights of People with Disabilities, to which the European Community is a signatory. People with disabilities have the same rights as non disabled persons and should have access to them in practice: enabling people with disabilities to enjoy their rights is at the centre of the EU actions. Requires adequate policy and actions defined together with people with disabilities themselves : mainstreaming is a crucial methodology allowing to take into account the needs of people with disabilities at all stages of policy developments. …. From Equal Rights to Equal Opportunities….....From 2003 to 2010...

4. DISABILITY KEY FIGURES • 44.6 MILLION– one in six –persons aged between 16 and 64 report a long standing health problem or disability i.e. at least • 16% of the overall EU working age population.Among young people (16-25), the figure stands at 7,3%. • 63% OF PEOPLE WITH DISABILITIES ARE OLDER THAN 45Nearly 30% of people in the age group 55-64 report a disability and the incidence of disability will increase as the EU population gets older. • 50% OF DISABLED PERSONS ARE EMPLOYED COMPARED TO 68% OF NON DISABLED • Among the 55+ group is 15% versus 45% • THE INACTIVITY RATE OF PEOPLEWITH DISABILITY IS TWICE THAT OF NON DISABLED PEOPLE • Only 15.9 % of working disabled persons are provided with some assistance to work. At the same time, 43.7 % of respondents believe they could work if they were given adequate assistance.

5. 63% (16-19) persons reporting con. restrictions are in education versus 83% persons reporting no restriction Women 23points (61% versus 85%) Men 17 points (65% versus 83%) 50% (25-64) reporting con. restricted versus 32% non restricted with basic education People born with disabilities lower education level than those without disabilities Among people with higher education 48% persons reporting con. restrictions are in employment versus 85% Persons with disabilities 22% less earnings -> poverty risk. Disability Key figures education

6. Fact: 74% of EU population thinks that we need more persons with disability in the work place while perceive having a disability as a disadvantage to get a job. This perception reinforces the conclusion on the need to increase the participation of people with disabilities in society and strengthen action to combat discrimination in employment which is supported by almost 90% of the population.. Fact: 91% of respondent agree to spend more money in eliminating physical barriers for people with disabilities. This overwhelming support is particular important considering the relation between disability and ageing and planning the actions to cope with the demographic shift preventing accessibility problems. The support to expending more money on accessibility supports the work on accessibility requirements in public procurement. Euro barometer "Discrimination in the European Union" 2007 on disability matters

7. The European Disability strategy 2003-2010 …Four pillars… • EU ANTI-DISCRIMINATION LEGISLATION AND MEASURES: Providing access to individual rights • MAINSTREAMING OF DISABILITY ISSUES: Mainstreaming in order to facilitate active inclusion of disabled people. • ACCESSIBILITY:Elimination of obstacles preventing disabled people from exercising their abilities. • MOBILISING STAKEHOLDERS THROUGH DIALOGUE : “Nothing about people with disabilities without people with disabilities”. (1) MS, (2) people with disabilities, (3) civil society representatives and (4) other stakeholders.

8. Social Actions (ESF, Progress) Regulatory and legal actions (Antidiscrimination, employment equality Directive, single market based) Public prourement Structural funds R&D Telecom legislation and Information Society policy Transport Regional policy Education State aid … European activities on disability

9. Policy EMPL ECFIN SANCO ENTR REGIO … Research RTD Accessibility Standards ENTR INFSO COM … Links with other DGs: example disability and Ageing

10. Exchange of information Research results Use of results (web accessibility) Emerging needs (standards) Discussing policy priorities Legislation Common policy actions i.e. Consistency and verification of activities Joint public events: awareness publications Type of join activities

11. Strategic objectives for 2004-2005 Access and retention of employment Lifelong learning Using the potential of new technologies Accessibility to the public built environment Priority areas for 2006-2007 Encouraging activity (beyond employment) Promoting access to quality support and care services Fostering accessibility of goods and services Increasing the EUs analytical capacity European activities, priorities

12. Endorsement of UN Convention-> quick ratification Coherent & coordinated approach: EU implementation Non discrimination -> art. 13 initiative EU Disability Action plan – implementation of UNC Sustainable Framework: Disability at Ministerial level High level group: identify common challenges & solutions Report to Ministerial disability conferences Presidency Conclusions June 2007

13. 2 Areas with 5 priorities: Actions for inclusive participation through accessibility: Fostering accessibility of the labour market Boosting accessibility of goods, services and infrastructures, addressing transport ICT and built environment. 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 against discrimination 2007 Commission Communication on the situation of disabled people:

14. Strengthen efforts to combat discrimination based on disability Implementation of the UN Convention Full enjoyment of human rights Accessibility…the ongoing work on the development of shared European standards for accessibility should be promoted and its use in public procurement encouraged. Guarantee full enjoyment of rights as passengers Involvement of users Council Resolution 2008 on the situation of persons with disabilities

15. Regulation 1107/2006 in air transportconcerning the rights of disabled persons and persons with reduced mobility when travelling by air Not specific focus on accessibility as such , but set the principle of access to air transport. provision of assistance and prevention of discrimination, accesibility principle Prevention of refusal of carriage Right of reimbursement and rerouting in case of denied embarkation on the ground of disability Designation of points of arrival and departure by airport managing body ->(Airport Council International work) Transmission of notification of the need of assistance Guidance note on seating of disabled people European Civil Aviation conference PRM Regulation 1371/2007 on railway transport  The text will enter into force on 3 December 2009. Article on accessibility is the following (TIS are standards for railways On-going work on legislative proposals for rights of passengers in bus and coach and maritime transport. Legislation and legislative proposals on transport services (persons with disabilities and with reduced mobility)

16. Article 21 Accessibility 1. Railway undertakings and station managers shall, through compliance with the TSI for persons with reduced mobility, ensure that the station, platforms, rolling stock and other facilities are accessible to disabled persons and persons with reduced mobility. 2. In the absence of accompanying staff on board a train or of staff at a station, railway undertakings and station managers shall make all reasonable efforts to enable disabled persons or persons with reduced mobility to have access to travel by rail. CEN TC 256 standards to complement the TSI International Public Transport UNION Working group on accessibility to conventional rail Regulation 1371/2007 on railway transport 

17. RTD starting with TIDE…->FP7 eEurope 2002…->2005…->i2010 European Action plan 2010 Communication Key documents Web Accessibility Communication eAccessibility Communication Council resolutions on eAccessibility 2004, 2005 Council resolutions on eInclusion, 2004 Ministerial declaration Crete and Riga 2006 EP resolutions on web accessibility eInclusion Communication 2007 (section on eAccessibility) eAccessibility consultation and response….. eAccessibility strategy

18. Approach Improve the consistency of eAccessibility requirements in Public Procurement Explore the possible benefits of certification schemes and standardisation for accessible products Make better use of the «eAccessibility potential» of existing legislation . . . Complemented by several background measures Accessibility requirements and standards. Design for All Web accessibility Benchmark and monitoring. Research and technological development. Progress will be reviewed in two years from now when additional measures may be proposed including new legislation Key Areas:Communication on eAccessibility

19. TIDE 1991->7th Framework programme Coherent, comprehensive, multidisciplinarity,.... Over 200 projects –over 200 MEuros PREVENTION -> DFA Real life problems Policy and legislation support Basic research User involvement Market issues, exploitation Professional and organisational responsibility -> regulation of professional qualifications RTD

20. Disability Action Plan Communication 2007/724 Single Market review Consumer Empowerment-> accessibility standards Communication 2008/133 on standardisation & innovation Public procurement: accessibility standards Accessibility Standards

21. Generalobligations…realisation of Human rights legislative, administrative measure, policies and programmes; To undertake or promote research and development of universally designed goods, services, equipment and facilities, as defined in article 2 of the present Convention, which should require the minimum possible adaptation and the least cost to meet the specific needs of a person with disabilities, to promote their availability and use, and to promote universal design in the development of standards and guidelines; UN Convention & Standards

22. Accessibility to: the physical environment Transportation to information and communications, including information and communications technologies and systems & internet other facilities and services open or provided to the public, both in urban and in rural areas To develop, promulgate and monitor the implementation of minimum standards and guidelines for the accessibility of facilities and services open or provided to the public; private entities that offer facilities and services which are open or provided to the public Promote the design, development, production and distribution of accessible information and communications technologies and systems at an early stage, so that these technologies and systems become accessible at minimum cost -> Design for All UN Convention art 9

23. Communication General principles Equality & non discrimination:...Reasonable accommodation Awareness raising Access to justice Living independently and being included in the community Personal mobility Freedom of expression and opinion, and access to information Respect for privacy Education Habilitation and rehabilitation : …AT Work and employment Participation in political and public life Participation in cultural life, recreation, leisure and sport Accessible ICT- UNC

24. Revised public procurement Directives PP 16% EU gross domestic product 1500 Billion Euros ICT sector 6% EU GDP with a Total value of the ICT market of 594 billion Euro European public sector ICT average spending is 0,8 % of GDP =76billion Euro The European average of public sector ICT spend that goes to external services such as consultancy and outsourcing is 16% Public procurement comprises about 40% of the total production value in construction The European construction market is about 10% of GDP and 7% of the workforce. The residential sector represents 46% of the total EU production, the non-residential sector 31% and infrastructure 23%. Modernisation of existing buildings and infrastructure versus new construction 40% of the entire construction sector production has the public hand as a customer, mostly outside the residential housing segment Public procurement: the market

25. Lisbon Agenda Employment of people with disabilities: 52% of people with disabilities are economically inactive compared with 28% of non-disabled people; 42% of people with disabilities are employed compared with 65% of non-disabled people. People with disabilities and older persons 20% of EU population Article 5 of the Employment Equality Directive reasonable accommodation…adapting workplace equipment (whereas 20) European competitiveness report 2004 Government employment is 16,7 of total employment in EU 15 (some countries up to 30%) Average EU-15 general government expenditure in 2003 was 49% of GDP Public procurement: the case of employment

26. Phase I: Inventory on accessibility requirements and existing standards (ETSI) Report on testing and conformity assessment (CEN/CENELEC) Phase II: European standard (EN) Technical report (TR) and support guidelines On line freely accessible toolkit Mandate 376: ACCESSIBILITY REQUIREMENTS FOR PUBLIC PROCUREMENT OF PRODUCTS AND SERVICES IN THE ICT DOMAIN

27. Standards for addressing accessibility of the built environment in the context of public procurement. Covering: Public buildings, public places, parking, roads, schools, hospitals, sport facilities, etc Transport facilities such as airports, train/coach stations, ports, etc At 2 levels: Functional requirements Minimum detailed specifications Taking into account: The distinction between the design of the built environment for accessibility and accessibility aspects of construction products Addressing the wide spectrum of people with different impairments of all ages and age-related limitations In coordination with Mandate M 376 (Accessibility issues in ICT products and services for public procurement) Mandate 420: Accessibility of the Built Environment

28. Concept of discrimination Direct discrimination Indirect discrimination Harassment Instructions to discriminate Not enough to NOT discriminate: Employers are required to provide reasonable accomodation to persons with disabilities (Article 5 of Directive 2000/78/EC) : appropriate measures, where needed in a particular case, to enable a person with disability to have access to/or advance in employment or training. Except where it would impose a disproportionate burden on the employer (not the case if support subsidies/measures exist) Directive 2000/78 on equal treatment in employment & training on grounds of religion or belief, age, disability or sexual orientation

29. Scope Social protection, including social security and healthcare; Social advantages; Education; Access to and supply of goods and other services which are available to the public, including housing. Principle of equal treatment of persons with disabilities Art 4 Effective non-discriminatory access Anticipatory Conditions: Disproportionate burden Fundamental alteration Provisions of alternatives Reasonable accomodation Conditions: Disproportionate burden Art 13 EC Treaty proposal COM (2008) 426

30. Positive Action Minimum requirements Defence of rights (conciliation) Burden of the proof Victimisation Dissemination of information (appropriate means) Dialogue Bodies for the promotion of equal treatment Sanctions (effective, proportionate, dissuasive) Art 13 EC Treaty proposal COM (2008) 426

31. Eurostat Labour Force Survey (LFS) Survey on living conditions (SILC) European Disability and Social Integration Module (EDSIM) Eurobarometers Studies MEAC UN Convention Measuring Disability and Accessibility

32. European Commitment to Rights of people with disabilities ->individual & diverse needs People with disabilities as socioeconomic actors Synergies and complementarities with MS Implementation of the UN Convention: Common challenges and solutions National consistent and comparable targets Annual ministerial meeting Cooperation with people with disabilities and other stakeholders. Conclusions

33. On European accessibility strategy http://ec.europa.eu/employment_social/disability/index_en.html projects financed in RTD in previous frame work programmes http://www.cordis.lu/ist/directorate_f/einclusion/previous-research.htm On the preparatory work for eInclusion research for Frame work programme 7 http://www.cordis.lu/ist/directorate_f/einclusion/future.htm On eInclusion and eAccessibility policies http://europa.eu.int/information_society/soccul/eincl/index_en.htm http://europa.eu.int/information_society/policy/accessibility/index_en.htm Inmaculada.placencia-porrero@ec.europa.eu For further information …