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| 1. OVERVIEW |
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In accordance with the principle of non-discrimination, the rights of persons with disabilities are recognised by the United Nations and the Council of Europe in the context of their work (resolutions or recommendations) in the social and employment fields. The revised European Social Charter of 1996 is the only binding text which expressly protects the rights of persons with disability, beyond access to work, but it has been ratified by only six member states of the European Union. |
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Explanations relating to the complete text of the Charter as set out in the Charter. |
| 2. INTERNATIONAL LAW |
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UNITED NATIONS Declaration on the Rights of Disabled Persons by General Assembly, resolution 3447 (XXX) of 9 December 1975. Vienna Declaration and Programme of Action, as adopted by the World Conference on Human Rights on 25 June 1993. United Nations General Assembly Resolution A/RES/48/96, of 4 March 1994, ‘Standard Rules on the Equalization of Opportunities for Persons with Disabilities’. International Labour Organisation Convention concerning Vocational Rehabilitation and Employment of Disabled Persons, (C159) 20 June 1983. Recommendation concerning vocational rehabilitation and employment of DISABLED PERSONS, (R168) 20 June 1983. UNHCHR Website of the UNHCHR on Disabilities. Website of United Nations Enable - Promoting the rights of persons with disabilities: Full participation and equality in social life and development. Résolution 2005/65 of 20 april 2005, of the Commission on Human Rights of persons with disabilities. COUNCIL OF EUROPE Convention for the Protection of Human Rights and Fundamental Freedoms (CPHR) (ETS No.005) of 4 November 1950. European Social Charter (ETS No.163) of 3 May 1996. (revised) European Code of Social Security (ETS No.139) of 6 November 1990. (revised) Committee of Ministers R (92) 6, of 9 April 1992 on a coherent policy for people with disabilities. Towards full social inclusion of people with disabilities Parliamentary Assembly Recommendation 1592 (2003). (Reply adopted by the Committee of Ministers on 24 September 2003 at the 853rd meeting of the Ministers' Deputies) Reply adopted by the Committee of Ministers on 16 June 2004 to Recommendation 1598 (2003), of the Parliamentary Assembly ‘Freedom of expression in the media in Europe’. Parliamentary Assembly Recommendation 1592 (2003), Towards full social inclusion of people with disabilities, 29 January 2003. Recommendation 1598 (2003), of 1 April 2003 ‘Protection of sign languages in the member states of the Council of Europe’. Card for substantially handicapped persons |
| 3. EUROPEAN UNION LAW |
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Article 13 EC: "Without prejudice to the other provisions of this Treaty and within the limits of the powers conferred by it upon the Community, the Council, acting unanimously on a proposal from the Commission and after consulting the European Parliament, may take appropriate action to combat discrimination based on sex, racial or ethnic origin, religion or belief, disability, age or sexual orientation." Declaration (No 22) annexed to the Final Act of the Amsterdam Treaty regarding persons with a disability Community charter of the social fundamental rights of workers adopted by the Heads of State and of Government (11 Member States) on 9 December 1989. Resolution of the Council of 31 May 1990, concerning the integration of children and young people with disabilities into ordinary systems of education. Decision of the Council 93/136/EEC, of 25 February 1993 establishing a third Community action programme to assist disabled people (Helios II 1993 to 1996) Decision of the Council 93/512/EEC, of 21 September 1993 on a Community technology initiative for disabled and elderly people (TIDE) (1993 to 1994) Resolution of the Council of 20 December 1996, on equality of opportunity for people with disabilities. Recommendation of the Council 98/376/EC, of 4 June 1998 on a parking card for disabled persons. Resolution of the Council of 17 June 1999, on equal employment opportunities for people with disabilities. Directive 2000/78/EC, of 27 November 2000, establishing a general framework for equal treatment in employment and occupation. Decision 2000/750/EC, of 27 November 2000, establishing a Community action programme to combat discrimination. (2001 to 2006) Communication from the Commission of 12 May 2000, "Towards a Barrier Free Europe for People with Disabilities." Communication from the Commission of 17 November 2000 An Evaluation of the Bridge Phase of TIDE. (Technology Initiative for Disabled and Elderly people) COM (2000) 727) Communication from the Commission of 25 September 2001, "eEurope 2002: Accessibility of Public Web Sites and their Content." Council Decision 2001/903/EC, of 3 December 2001, on the European Year of People with Disabilities 2003. Communication from the commission of 24 January 2003, to the council and the European Parliament towards a united nations legally binding instrument to promote and protect the rights and dignity of persons with disabilities. Recommandation from the Commission of 24 January 2003, to the Council in order to authorise the Commission to participate in the negotiations of an international legally binding instrument to promote and protect the rights and dignity of persons with disabilities. Council Resolution of 5 May 2003 on equal opportunities for pupils and students with disabilities in education and training Council Resolution of 6 May 2003 on accessibility of cultural infrastructure and cultural activities for people with disabilities Council Resolution of 15 July 2003, on promoting the employment and social integration of people with disabilities. Commission Communication of 30 October 2003, "Equality of chance for people with disabilities; an action plan for Europe." |
| 4. SUMMARY OF EUROPEAN UNION POLICY |
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Measures in favour of the integration of persons with disabilities are usually defined as being fundamental social rights. The rights of persons with disabilities to independence, social integration and participation in the life of the community (article 15 of the European Social Charter) are objectives which require positive action by the public authorities. Article 26 of the Charter establishes the "right to benefit from measures" ensuring persons with disabilities independence and integration in the community. These measures concern education, vocational training, ergonomics, accessibility, mobility, means of transport and housing (point 26 of the Community Charter on the Fundamental Social Rights of Workers of 1989), as well as access to cultural and leisure activities. The wording used for the rights of persons with disabilities in the Charter is the same as that used in article 15 of the European Social Charter. However, article 26 is not one of the social rights grouped together in Chapter IV of the Charter ("Solidarity"), but is included in the chapter entitled "Equality". This reflects the Community approach to questions concerning disability within society, based on equal rights and the principle of non-discrimination, rather than on social assistance. This approach is also that of article 13 EC which was introduced by the Treaty of Amsterdam and which provides a new legal foundation for combating discrimination on grounds of disability. On the basis of article 308 EC (former article 235), or in the context of employment policy and European Social Fund interventions, the Community has, since the 1970s, put in place several actions in favour of the integration of persons with disabilities, focused essentially on their professional integration. As from 1996, Community action in this field was based on a wider strategy, confirmed by Declaration 22 annexed to the Treaty of Amsterdam, according to which the Community must take account of the needs of persons with disabilities at the time that measures pertaining to article 95 EC are developed. (reconciliation of national laws for the establishment and functioning of the internal market) Vocational integration of the disabled Social integration and access to independence for persons with disabilities depend to a great extent on their professional integration. Several international texts, adopted by the Council of Europe or the International Labour Organisation set out principles to be followed in order to encourage such integration.
It also includes positive action to prevent or correct existing inequality, as well as appeal mechanisms to ensure the application of the rights established. On 15 July 2003, the Council adopted a new resolution concerning the promotion of employment and social integration of handicapped people. It consists in stressing to Member States, the Commission and interested parties the importance of integrating these people into the regular labour market, in the framework of the objectives of the European strategy for employment, and based on the principle of non-discrimination. School integration of the disabled On 31st May 1990, the Council of Education Ministers adopted a resolution Accessibility In 1993 the Commission made a report to the Council concerning the actions to be taken in the Community regarding the accessibility of transport for persons with reduced mobility. This document summarises the applicable regulations in this area: technical standards, access to, and funding for, transport infrastructure, information and signs, training of planners and architects and transport staff, research and development. As part of a general plan to strengthen passenger rights in all forms of public transport, the Commission presented in February 2005 a proposal for a Regulation on the rights of persons with reduced mobility in air transport. The text prohibits air transport operators from refusing reservation or boarding on the grounds of reduced mobility (inability to walk, blindness, deafness) or age. Persons with reduced mobility must also have access to free assistance in airports (on departure, arrival and in transit) and aboard aircraft. The draft Regulation obliges Member States to impose penalties for infringements and to create independent bodies to deal with complaints. Equal opportunities strategy Noting that there are still obstacles to the integration of people with disabilities into society, the Commission presented a new European Community strategy on equal opportunities in a report published in 1996. Following this communication, on 20th December 1996, the Council adopted a resolution concerning equality of opportunity for people with disabilities, On 12th May 2000, the Commission presented a communication entitled "Towards a Barrier Free Europe for People with Disabilities" (COM (2000) 284), in order to define a concerted strategy to make European society more accessible to people with disabilities. The Commission emphasises links between existing policies, in order to identify synergies which may improve their results for people with disabilities. It deals with employment, education and vocational training, transport, the internal market, the information society, new technology and consumer policy. The problems of mobility and accessibility are discussed, in the context of an inter-sector approach. (quality of professional life, consumer protection, supply of products on the internal market, new technology) European Year of People with Disabilities in 2003 ON 29th May 2001, the Commission presented a proposal to establish the European Year of People with Disabilities in 2003.
The Council Decision 2001/903/CE, dating 3 December 2001 introduced this european year with a full budget of 12 millions Euros for the period running 2002-2003. At the first European Congress on Disability, held in Madrid in March 2002, the Spanish Presidency of the European Union, the European Disability Forum and the European Commission jointly adopted the Madrid Declaration, which sets out a conceptual framework for the actions to be developed in the course of the European Year of People with Disabilities.
On 24 January 2003, in anticipation of the preparation of an international global and integrated convention to promote and protect the rights and dignity of handicapped persons within the United Nations, (ad hoc committee set up in application of Resolution 56/168 UN) the Commission presented a communication in which it expresses its support for adopting such an international instrument. A text addressing the specific obstacles encountered by handicapped persons in enjoying fundamental rights would supplement the generally applicable international conventions. The Commission also addressed a recommendation to the Council aimed at authorising participation in negotiations dealing with elaborating this new international instrument. |
| 5. CASE LAW |
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| 7. NGOs OPERATING IN THE FIELD |
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This list of NGOs is subject to change. It is provided for information purposes only and is not exhaustive. The NGOs listed are those with activities related to one of the fundamental rights protected by the Charter and that are active at European Union level or in the Member States. European Disability Forum (EDF) The European Disability Forum (EDF) was founded in its current form in 1997, after having originated as a consultative body under the European Commission’s HELIOS II programme. Its members are organisations advocating the rights of the disabled in the European Union Member States and the countries of the European Economic Area. EDF’s mission is to guarantee full access to fundamental and human rights for the disabled through their active participation in policy development and implementation at European Union level, and to promote equal opportunity for disabled people. EDF organises its policy actions primarily on the basis of the European Union agenda.
Contact The European Blind Union (EBU) is a regional section of the World Blind Union, founded in 1984. It is composed of the national delegations of 44 European countries, with the objective of protecting and promoting the interests of blind and partially-sighted people in Europe.
EBU’s areas of action:
EBU is a member of the Platform of European Social NGOs, whose aim is to develop and consolidate civil dialogue between European NGOs and the European Union institutions. Contact: Mental Health Europe (MHE) is a regional branch of the World Federation for Mental Health, created in 1985. Its members are organisations and individuals working at regional, national or European level in different areas of mental health expertise and responsibility.
MHE is a member of the Platform of European Social NGOs, whose aim is to develop and consolidate civil dialogue between European NGOs and the European Union institutions. Contact Autism-Europe is an international association under Belgian law coordinating the efforts of 77 national and regional associations of parents of children with autism. Its main objective is to advance the rights of people with autism and their families and to help improve their lives.
Autism-Europe is a member of the Platform of European Social NGOs, whose aim is to develop and consolidate civil dialogue between European NGOs and the European Union institutions. Contact Inclusion Europe (the European Association of Persons with Intellectual Disability and their Families) is made up of associations from European countries working to defend the rights and interests of persons with intellectual disability and their families. Inclusion Europe defends the fundamental rights and inclusion in society of those with intellectual disabilities, and works to combat discrimination against them. It coordinates the activities of its members, organises conferences and working groups, responds to European policy proposals and advises the European Commission and Members of the European Parliament on disability issues. Fundamental objectives of Inclusion Europe:
Inclusion Europe is a member of the Platform of European Social NGOs, whose aim is to develop and consolidate civil dialogue between European NGOs and the European Union institutions. Contact |
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