Committee on Citizen's Freedoms and Rights, Justice and Home Affairs - Freedom, security and justice : An agenda for Europe. La città ideale di Piero della FrancescaCommittee on Citizen's Freedoms and Rights, Justice and Home Affairs - Freedom, security and justice : An agenda for Europe. La città ideale di Piero della FrancescaLIBE
Committee on Citizen's Freedoms and Rights, Justice and Home Affairs - Freedom, security and justice : An agenda for Europe
Charter of Fundamental Rights of the European Union
ARTICLE 26
INTEGRATION OF PERSONS WITH DISABILITIES

The Union recognises and respects the right of persons with disabilities to benefit from measures designed to ensure their independence, social and occupational integration and participation in the life of the community.

 
1.Overview
2.International law
3.European Union law
4.Summary of EU action
5.Case Law
6.National Laws
7.NGOs Operating in the field
8.European Parliament's position
  
  
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1. OVERVIEW

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.
The Treaty of Amsterdam has made the fight against all forms of discrimination one of the principles of the European Community. (article 13 EC) In the context of social policy, the Community has put in place measures and action plans intended to improve the professional integration of persons with disabilities, in accordance with the European Charter on the Fundamental Social Rights of Workers proclaimed in 1989.

Explanations relating to the complete text of the Charter as set out in the Charter. PDF
Documents and contributions of the preparatory works of the Convention:

  
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2. INTERNATIONAL LAW

UNITED NATIONS
Declaration on the Rights of Mentally Retarded Persons by General Assembly, resolution 2856 (XXVI) of 20 December 1971.

Declaration on the Rights of Disabled Persons by General Assembly, resolution 3447 (XXX) of 9 December 1975.

Principles for the protection of persons with mental illness and the improvement of mental health care by General Assembly, resolution 46/119 of 17 December 1991.

Vienna Declaration and Programme of Action, as adopted by the World Conference on Human Rights on 25 June 1993.
Partie II point 6 : "63. The World Conference on Human Rights reaffirms that all human rights and fundamental freedoms are universal and thus unreservedly include persons with disabilities. Every person is born equal and has the same rights to life and welfare, education and work, living independently and active participation in all aspects of society. Any direct discrimination or other negative discriminatory treatment of a disabled person is therefore a violation of his or her rights. The World Conference on Human Rights calls on Governments, where necessary, to adopt or adjust legislation to assure access to these and other rights for disabled persons.
64. The place of disabled persons is everywhere. Persons with disabilities should be guaranteed equal opportunity through the elimination of all socially determined barriers, be they physical, financial, social or psychological, which exclude or restrict full participation in society."

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.
Article 14: "The enjoyment of the rights and freedoms set forth in this Convention shall be secured without discrimination on any ground such as sex, race, colour, language, religion, political or other opinion, national or social origin, association with a national minority, property, birth or other status."

European Social Charter (ETS No.163) of 3 May 1996. (revised)
Article 15 - The right of persons with disabilities to independence, social integration and participation in the life of the community.

European Code of Social Security (ETS No.139) of 6 November 1990. (revised)
Article 42 : "Each Party shall, under prescribed conditions:
a. take measures to prevent work accidents and occupational diseases;
b. take measures to prevent work accidents and occupational diseases;
c. take measures to facilitate the placement of disabled persons in suitable employment."

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
The card has not been established yet. However, according to article 4 of the appendix to the resolution of 4 November 1977 : "The Government of each participating state recognises the validity in its territory of the Cards issued by the authorised bodies of the other participating states."

  
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3. EUROPEAN UNION LAW

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
The Conference agrees that, in drawing up measures under Article 95 of the Treaty establishing the European Community, the institutions of the Community shall take account of the needs of 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.
Paragraph 26 : "All disabled persons, whatever the origin and nature of their disablement, must be entitled to additional concrete measures aimed at improving their social and professional integration.
These measures must concern, in particular, according to the capacities of the beneficiaries, vocational training, ergonomics, accessibility, mobility, means of transport and housing".

Resolution of the Council of 31 May 1990, concerning the integration of children and young people with disabilities into ordinary systems of education.
Publication : OJ C 162 of 3 July 1990

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)
Publication : OJ L 56 of 9 March 1993

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)
Publication : OJ L 240 of 25 September 1993

Resolution of the Council of 20 December 1996, on equality of opportunity for people with disabilities.
Publication : OJ C 12 of 13 January 1997
Explanary statements: COM (1996) 406 of 30 July 1996

Recommendation of the Council 98/376/EC, of 4 June 1998 on a parking card for disabled persons. PDF
Publication : OJ L 167 of 12 June 1998
Entry into force : 4 June 1998
Explanary statement : COM (1995) 696 of 15 December 1995

Resolution of the Council of 17 June 1999, on equal employment opportunities for people with disabilities.
Publication : OJ C 186 of 2 July 1999

Directive 2000/78/EC, of 27 November 2000, establishing a general framework for equal treatment in employment and occupation. Legislative observatory - OEIL
Publication : OJ L 303 of 2 December 2000
Explanary statement : COM (1999) 565 of 25 November 1999, OJ C 177 of 27 June 2000

Decision 2000/750/EC, of 27 November 2000, establishing a Community action programme to combat discrimination. (2001 to 2006) Legislative observatory - OEIL
Publication : OJ L 303 of 2 December 2000
Entry into force : 2 December 2000
Explanary statement : COM (1999) 567 of 25 November 1999, OJ C 116 of 26 April 2000

Communication from the Commission of 12 May 2000, "Towards a Barrier Free Europe for People with Disabilities." PDF
Explanary statement : COM (2000) 284 of 12 May 2000

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." PDF Legislative observatory - OEIL
COM(2001) 529

Council Decision 2001/903/EC, of 3 December 2001, on the European Year of People with Disabilities 2003. Legislative observatory - OEIL
Official Journal L 335 , 19/12/2001 p. 0015 - 0020

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. Legislative observatory - OEIL
COM (2003) 16

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. Legislative observatory - OEIL
SEC (2003) 116

Council Resolution of 5 May 2003 on equal opportunities for pupils and students with disabilities in education and training
Official Journal C 134 , 07/06/2003 p. 0006 - 0007

Council Resolution of 6 May 2003 on accessibility of cultural infrastructure and cultural activities for people with disabilities
Official Journal C 134 , 07/06/2003 p. 0007 - 0008

Council Resolution of 15 July 2003, on promoting the employment and social integration of people with disabilities. Legislative observatory - OEIL

Commission Communication of 30 October 2003, "Equality of chance for people with disabilities; an action plan for Europe." Legislative observatory - OEIL
Publication: COM (2003) 650

  
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4. SUMMARY OF EUROPEAN UNION POLICY

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.
At the Community level, in 1986 the Council adopted a recommendation on the employment of the disabled in the Community, setting out the first elements of Community policy in this area: equal treatment of disabled persons in employment and vocational training, rehabilitation and resettlement, coordination by the Commission of the exchange of information and experience between national authorities, aid from the European Social Fund. This policy has been applied by the Community action programmes HELIOS (1988-1991) and HELIOS II, (1993-1996) which aimed to encourage independence for persons with disabilities via functional rehabilitation and economic and social integration, thanks to a policy of cooperation between the national authorities and NGOs concerned at the Community level. The Community endeavoured to exchange experience and information, foster innovation and coordination with other Community programmes (new technology, equal opportunities for women, integration of disabled children in schools) or international activities. In the evaluation reports on the HELIOS II programme for 1996 and 1998, the Commission emphasises their innovative aspects: an approach based on integration and equal opportunities and no longer on the idea of assistance, the exchange of experience used as a support for policies, the direct involvement of disabled persons in the programme.
The implementation of the HELIOS programmes was supported by the computerised information system Handynet Scadplus documentary website set up in 1988. Its aim is to collect and disseminate information on disability prevention, functional rehabilitation, technical aids, education and training, employment, physical independence, creativity, sports and other leisure activities, across the Community.
Furthermore, the TIDE initiative (Technology Initiative for Disabled and Elderly People) was established in 1993 for the period 1993-1994, in order to promote new applications for rehabilitation technologies, and facilitate the socio-economic integration of disabled and elderly people.
At the internal level, in 1998 the Commission adopted a Code of Good Conduct for the employment of disabled persons, based on the resolutions of the European Parliament and the Council on equal opportunities for disabled persons in the internal policies and practices of the institutions. (doc. SEC (98) 1559/2)
In the context of European employment strategy, the Commission has fixed the essential orientations relating to the employment of disabled persons in a working paper Scadplus documentary website on the improvement of the level of employment of persons with disabilities. (doc. SEC (98) 1550) This paper provides a frame of reference for the future actions of the Member States, and demonstrates the need to place the issues relating to disability at the heart of political concerns.
During the conference on European policy on employment of persons with disabilities in Dresden in 1999, the social partners, the relevant associations and the Commission established the need for a policy based on the various existing instruments: European employment strategy, European Social Fund, social dialogue, combat against discrimination on the labour market and social exclusion. They defined a general approach based on the principles of equal rights and non-discrimination rather than on social protection for persons with disabilities.
The Council Resolution of 17th June 1999, on equal employment opportunities for people with disabilities Scadplus documentary website is based on the results of this conference and invites the Member States to look at the integration of people with disabilities from the same viewpoint and to exploit the possibilities provided by the Community instruments.
In the context of combating discrimination on the basis of article 13 EC, on 27th November 2000, the Council adopted a directive establishing a general framework for equal treatment in employment and occupation. Scadplus documentary website This directive covers direct or indirect discrimination on grounds of racial or ethnic origin, religion or belief, disability, age or sexual orientation. Combating discrimination on grounds of gender is covered by specific regulations. (cf. article 23 of the Charter) The directive includes minimum rules

  • as well as a "non-regression" clause for Member States whose legislation provides wider protection
  • in order to guarantee equal opportunities and equal treatment as regards access to employment or occupation and promotion, vocational training, employment and working conditions and trade union activities.

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 Scadplus documentary website concerning integration of children and young people with disabilities into ordinary systems of education. The Member States see the work of special centres as complementary to ordinary education systems and wish to encourage integration of young people with disabilities into the ordinary education system. In order to do so, cooperation between all the bodies concerned should be encouraged, and the educational potential of new technologies exploited. Ordinary educational programmes should also be adapted to the specific needs of disabled persons, and the integration of young people with disabilities should also be taken into account in global education policies.

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. Scadplus documentary website
In 1998 the Council adopted a recommendation on a parking card for people with disabilities, establishing a uniform standardised Community model in accordance with the cards introduced by the Member States. The Council recommended the implementation of reciprocal recognition of these parking cards by 1st January 2000 at the latest, so that people with reduced mobility may benefit from the same facilities throughout the European Union. Scadplus documentary website

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. Scadplus documentary website This strategy is based on a desire to go beyond charity as the social response to disability, as this increases exclusion and under-participation. As a complement to and in support of national efforts to avoid exclusion and encourage the integration of disabled people in all areas, the Commission intends to include the question of disability in all relevant proposals on Community policy. (social policy, education and training, research, transport, telecommunications and public health) A high-level group of Member State representatives on disability and, within the Commission, an interdepartmental group focused on issues relating to disability have been established.

Following this communication, on 20th December 1996, the Council adopted a resolution concerning equality of opportunity for people with disabilities, Scadplus documentary website in which it reaffirms the principle of abolishing all forms of negative discrimination based solely on disability. The Council calls on the Member States to ensure that their policies include the objective of full participation in social life by disabled people. It also calls on the Commission to integrate the dimension of "equality of opportunity for people with disabilities" into all its relevant proposals and to encourage the exchange of useful information and experience between the Member States. The strategy thus defined also applies to measures aimed at the professional integration of people with disabilities, in particular in the context of European employment strategy. (see above)

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)
The Commission's communication of 25 September 2001 "eEurope 2002: Accessibility of public Websites and their content" deals specifically with the issue of accessibility to the Internet by people with disabilities and by older people in the context of the objective set by the eEurope 2002 plan of action to ensure access by these people to "Government Online". The technical instructions were formulated in the context of the initiative to improve access to the Web. (WAI) It consists of encoding techniques and applicable rules for building pages when developing sites and their content for the Web.

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. Scadplus documentary website The general objective of this initiative is to raise public awareness in Europe of the rights of people with disabilities to protection against discrimination. The Commission also wishes to:

  • to encourage reflection on the measures needed to promote equal opportunities for people with disabilities in Europe;
  • to promote the exchange of experiences of good practice and effective strategies devised at local, national and European level;
  • to reinforce cooperation between all parties concerned,
  • to highlight the positive contribution that people with disabilities make to society as a whole;
  • to make people aware of the heterogeneity of people with disabilities and of people with disabilities facing multiple discrimination.

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.
In its Communication on the follow-up of the European Year of People with Disabilities of 30 October 2003 (COM (2003) 650), the Commission presented proposals in the form of an action plan with three operational elements: improved integration of issues connected with the handicapped in Community policies, promotion of accessibility for all and pursuit of the implementation of the Directive on equal treatment in matters of employment and work. The first phase of the action plan (2004-2005) provides measures of priority to promote employment of people with disabilities, and to favour their access to traditional work forces across the enlarged European Union.
In its conclusions of 1 and 2 December 2003 on the follow-up of the European Year of People with Disabilities, the Council supports the Commission’s action plan, and invites Member States to consider issues connected with people with handicaps in their national action plans on employment and social inclusion in the framework of the open method of coordination.

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.

  
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5. CASE LAW


  
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6. NATIONAL LAWS

Czech Republic Constitution of the Czech Republic
Article 29
(1) Women, adolescents, and handicapped persons are entitled to increased protection of their health at work and to special working conditions.
(2) Adolescents and handicapped persons are entitled to special protection in labour relations and to assistance in vocational training.
(3) Detailed provisions in this respect shall be set by law.

Republic of Estonia Constitution of the Republic of Estonia
Article 28
“(…) Families with many children and persons with disabilities shall be under the special care of the state and local governments.”

Greece Constitution of the Hellenic Republic
Article 21
(...) 6. People with disabilities are entitled to benefit from measures ensuring their self sufficiency, professional integration and participation in the social, economic and political life of the Country.

Spain Constitution of the Kingdom of Spain
Article 49
The public authorities shall carry out a policy of preventive care, treatment, rehabilitation and integration of the physically, sensorially and mentally handicapped by giving them the specialized care they require, and affording them special protection for the enjoyment of the rights granted by this Part to all citizens.

France Constitution of the French Republic
Preamble
11- (...) Any human being who is unable to work because of his age, his physical or mental condition or his financial situation, shall have the right to obtain the appropriate means for living from the community.

Ireland Constitution of Ireland
Article 45.4
The State pledges itself to safeguard with especial care the economic interests of the weaker sections of the community, and, where necessary, to contribute to the support of the infirm, the widow, the orphan, and the aged. (...)

Italy Constitution of the Italian Republic

Article 37 [Equality of Women at Work]
(1) Working women shall be entitled to equal rights and, for comparable jobs, equal pay with men. The working conditions shall be such as to allow women to fulfill their essential family duties and ensure an adequate protection of mothers and children.
(2) The law shall prescribe the minimum age for paid labour.
(3) The Republic shall establish special measures for protecting juvenile labour and shall guarantee equal pay for comparable work.

Republic of Lithuania Constitution of the Republic of Lithuania
Article 52
The State shall guarantee the right of citizens to receive old age and disability pensions, as well as social assistance in the event of unemployment, sickness, widowhood, loss of breadwinner, and other cases provided for in laws.

Republic of Hungary Constitution of the Republic of Hungary
Article 70/E
“(1) Citizens of the Republic of Hungary have the right to social security; they are entitled to the support required to live in old age, and in the case of sickness, disability, being widowed or orphaned and in the case of unemployment through no fault of their own. (…)”

 Constitution of Malta
Article 17
“(…) (2) Workers are entitled to reasonable insurance on a contributory basis for their requirements in case of accident, illness, disability, old-age and involuntary unemployment. (3) Disabled persons and persons incapable of work are entitled to education and vocational training.”

Austria Republic of Austria - Federal Constitutional Laws
Article 7
(...) The Republic (Federation, Laender and municipalities) commits itself to ensuring the equal treatment of disabled and nondisabled persons in all spheres of every-day life.

Poland Constitution of the Republic of Poland
Article 68
(...)3. Public authorities shall ensure special health care to children, pregnant women, handicapped people and persons of advanced age.(...)
Article 69
Public authorities shall provide, in accordance with statute, aid to disabled persons to ensure their subsistence, adaptation to work and social communication.

Portugal Constitution of the Portuguese Republic
Article 59
It is the duty of the State to guarantee the conditions of work, remuneration and rest to which workers are entitled, in particular by:
(...) c. Special protection at work for women during pregnancy and after childbirth, for minors and disabled person and for those engaged in especially strenuous activity or working in unhealthy, toxic or dangerous conditions; (...)
Article 71
1. Citizens who have physical or mental disabilities shall enjoy all the rights and be subject to all the duties contained in this Constitution, except to the extent that their disability renders them unfit to exercise or perform them.
2. The State shall implement a national policy for the prevention of disability, and for the treatment, rehabilitation and integration of citizens with disabilities and support for their families, shall educate the community to be aware of its duties of respect for them and solidarity with them, and shall ensure that they enjoy their rights to the full extent subject to the rights and duties of their parents or guardians.
3. The State shall provide assistance to organisations for citizens with disabilities.

Republic of Slovenia Constitution of the Republic of Slovenia
Article 52
Disabled persons shall be guaranteed protection and work-training in accordance with the law.
Physically or mentally handicapped children and other severely disabled persons have the right to education and training for an active life in society.
The education and training referred to in the preceding paragraph shall be financed from public funds.

Slovak Republic Constitution of the Slovak Republic
Article 38
(1) Women, minors and disabled persons shall enjoy more extensive health protection at work and special working conditions.
(2) Minors and disabled persons shall enjoy special protection in employment relations and special assistance in training.
(3) A law shall lay down details on the rights defined in paragraphs1 and 2 .
Article 40
Everyone shall have the right to protection of his or her health. The citizens shall have the right to free health care and medical equipment for disabilities on the basis of medical insurance under the terms to be laid down by a law.

Finland Constitution of Finland
Article 17
(...) The rights of persons using sign language and of persons in need of interpretation or translation aid owing to disability shall be guaranteed by an Act.

  
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7. NGOs OPERATING IN THE FIELD

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.
Themes of EDF activities:

  • non-discrimination ;
  • employment;
  • transport;
  • Information society;
  • social exclusion and poverty;
  • enlargement.

Contact
E-mail: info@edf-feph.org
Telephone: +32 2 282 46 00 (Brussels)

European Blind Union (EBU)

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 objective is:

  • to seek to succeed at participating and representing without discrimination based on sex or age within its own activities.
  • represent blind people in Europe;
  • promote the advancement of the interests of blind people, including those with additional handicaps, with the goal of achieving their equal rights as citizens and their full participation in society;
  • create a European forum for exchange of knowledge and experience in the field of blindness;
  • promote the prevention and cure of blindness.

EBU’s areas of action:

  • assistance to organisations working in the field of blind welfare in Europe;
  • promotion of rehabilitation, vocational training and employment of blind people in Europe;
  • improvement of the living standards and quality of life of blind people in Europe;
  • encouragement of exchanges of information and experiences between organisations of and for blind people and other bodies in Europe;
  • support for and carrying out of research in all fields of blindness;
  • collection, dissemination and organisation of information on the situation of blind people in Europe;
  • technical and material assistance to national members in providing services to blind people in their countries;
  • project fund-raising.

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:
E-mail: ebu.cleu@skynet.be
Telephone: +32 2 280 33 28 (Brussels)

Mental Health Europe (MHE)

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’s objectives and guidelines:

  • to further the objectives of the World Federation for Mental Health by stimulating all aspects of mental health: biological, social, psychological, educational and therapeutic;
  • to work with all relevant agencies of the European Union and other international agencies in Europe in so far as they relate to mental health;
  • to promote communication and understanding through meetings, conferences and exchanges and to encourage better human relations by all means possible;
  • to coordinate mental health activities in the European Union and other countries in Europe, on behalf of and in cooperation with people with mental health problems;
  • to promote mental health care in Europe by protecting the rights of people with mental health problems and by supporting people who use mental health services to have a voice in their planning and management;
  • to undertake appropriate action to improve mental health in Europe;
  • to undertake studies, and collect and analyse data on matters including the social, educational, legal and professional aspects of mental health;
  • to provide information and advisory services to organisations working on behalf of people with mental health problems in Europe;
  • to publish a newsletter, bulletins, reports and other relevant documents;
  • to promote an exchange of information and experience between organisations working in the field of mental health in Europe;
  • to encourage the formation of national coordinating mental health groups in European countries;
  • to participate in meetings and conferences on mental health in the EU and at international level;
  • to raise funds to support the activities of the association and to undertake all additional activities to further its objectives.

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
E-mail: info@mhe-sme.org
Telephone: +32 2 280 04 68 (Brussels)

Autisme-Europe

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’s activities focus on:

  • ensuring effective liaison among member associations, governments and European and international institutions;
  • disseminating information to raise awareness of autism;
  • encouraging research into the causes and treatment of autism;
  • organising every three years an international congress that is the key meeting of its kind in the field of autism.

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.
Autism-Europe has consultative status with the Council of Europe and collaborates actively with the World Health Organisation.

Contact
E-mail: secretariat@autismeurope.org
Telephone: +32 2 675 75 05 (Brussels)

Inclusion Europe

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:

  • Exchange of knowledge with and between our members;
  • Support of members: funding, support for national policy at European level, training staff or volunteers, information about EU policy and institutions, exchange activities, publications;
  • Influencing policy in favour of people with intellectual disabilities, their families and their organisations.

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
E-mail: secretariat@inclusion-europe.org

  
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8. EUROPEAN PARLIAMENT'S POSITION

 

Annual Resolutions on the Situation of Fundamental Rights in the European Union
The European Parliament’s positions expressed in the resolutions adopted on presentation of the annual report on the situation of fundamental rights in the European Union. (5th legislature)

Resolution A5-0050/2000, of 16 March 2000 Report HAARDER (1998-1999)

(The European Parliament)

  • notes that disabled people in various degrees are still subject to discrimination across the European Union in many areas: employment, access to goods and services, access to buildings and general acceptance in some people's attitudes.
Resolution A5-0223/2001, of 5 July 2001 Report CORNILLET (2000)

(The European Parliament)

  • recommends that the Member States prepare the European Year of Disabled People in 2003 in line with the Commission proposal and apply the multiannual action programme to combat discrimination (2001-2006) in order to raise public awareness in the Member States and give a higher profile to questions relating to disabilities;
  • recommends that the Member States give due weight to the importance of sign language and Braille for the integration of those who use them.
Resolution A5-0451/2002, of 15 January 2003 Report SWIEBEL (2001)

(The European Parliament)

  • welcomes the fact that 2003 has been declared European Year of Disabled People and calls on the Member States and the EU institutions to compile sufficient comparable data to give a clearer picture of this issue and to develop a coherent policy and legislation to combat discrimination against disabled people and to promote the social integration of disabled people in all aspects of life; calls on the Member States to monitor closely anti-discrimination measures and, in so doing, to consider the impact thereof on the disabled; calls for policy development in this field to be undertaken in consultation with representative disability organisations;
  • recognises the universal right of people with disabilities to have access to all aspects of the electoral process, as promoted by the international disability movement, the International Federation for Election Systems (IFES) and the International Institute for Democracy and Electoral Assistance (IDEA); calls on the Member States to make this right a reality.
Resolution A5-0281/2003, of 4 September 2003
Report SYLLA (2002)

(The European Parliament)

  • welcomes several measures taken by the EU in 2002 which improve accessibility to services for people with disabilities, in particular in the areas of transport and information and communications technology, and urges Member States to act in a timely manner in the transposition of Directive 2000/78/EC;
  • calls on the Commission to launch the process towards a new EU disability-specific directive; such a directive would have as its legal basis Article 13 of the EC Treaty and should call for equal treatment and combat discrimination on the grounds of disability in all areas of EU competence; considers it should also introduce enforcement procedures to ensure that disabled people can effectively exercise their rights in all Member States, including the right to go to court;
  • draws attention to the fact that the term 'disability' covers all physical, sensory, intellectual and psychological impairments and multiple impairments and that such impairments vary according to the disability and the age of the individual in question; deplores the existence of cases in which persons with disabilities do not yet enjoy the same political, social, economic and cultural rights as other citizens; proposes that measures taken during the European Year of People with Disabilities (2003) should include the setting of a minimum quota of jobs to be occupied by persons with disabilities in companies with more than fifty employees;
  • calls on Member States to agree to a common position with respect to, and reiterates its support for, a UN Convention on the Human Rights of Disabled People, which must build on the provisions of the UN Standard Rules in such a way as to fully recognise and promote the rights of disabled people and that such a UN Convention must be legally binding;
  • calls on Member States to undertake appropriate measures to ensure that all elections are materially accessible to all people with disabilities.
Report BOUMEDIENE THIERY (2003) 

Other resolutions

Resolution of 14 December 1995, on the rights of the disabled persons. (B4-1494, 1498, 1510, 1513, 1540, 1552/1996)

Resolution of 23 May 1996, on threats to the right to life of disabled persons. (B4-0650/1996)
The European Parliament repudiates forcefully theses that disabled persons, patients in a persistent vegetative state and newborn children have no unrestricted right to life and those resurrecting the concept of 'life without value'. It reaffirms its conviction that the right to life must be recognised in respect of every human being independently of his or her state of health, gender, race or age. It is opposed to the practice of the active killing by doctors of patients in a persistent vegetative state and disabled newborn children, since it contradicts the principle of equality. It calls on parliaments, governments and associations within and without the European Union decisively to counteract attacks on the right to life of disabled persons and newborn children and calls on the Commission to ensure that such theses are not disseminated, let alone put into practice.

Resolution of 13 December 1996, on the rights of disabled people. (A4-0391/1996)
The European Parliament calls on the Member States and the Commission to take measures to encourage the integration of disabled people, and the recognition of their right to equality in the context of Community policy and actions. It calls in particular for the inclusion of a non-discrimination clause on grounds of disability in the revised Treaty on European Union. It also calls for the creation of a legislative framework for accessible product and service design, including a reference to non-discrimination on grounds of disability in Article 100 A of the EC Treaty. (new Article 95 EC)

  
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