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UNCRPD
European Disability Strategy
2010-2020
Inmaculada Placencia Porrero
Senior Expert
"Disability and Inclusion" Unit
DG EMPL
European Commission
The EU and the UNCRPD
30 March 2007: the European Community signs the UN Convention on the
Rights of Persons with Disabilities (UNCRPD)
Conclusion and Optional Protocol 2008 proposal????
26 November 2009: Council Decision on the conclusion (ratification) of the
UNCRPD by the EU
Adoption of the European Disability Strategy 2010-2020
22 January 2011: entry into force of the UNCRPD for the EU
August 2015: Dialogue with UN Committee on the implementation of the
UNCRPD by the EU
September 2015: UNCRPD recommendations to the EU (Concluding
Observations)
February 2017: Publication of progress report on the implementation of the
European Disability Strategy 2010-2020 – includes an overview of the UNCRPD
recommendations' implementation
Human Rights approach to
disability
=> Paradigm shift
"objects" of charity,
medical treatment and social
protection
"subjects" with rights,
capable of claiming those
rights and making decisions
for their lives based on their
free and informed consent
as well as being active
members of society
Concept of disability
The UN Convention recognises that disability is an
evolving concept
“Persons with disabilities include those who have
long-term physical, mental, intellectual or sensory
impairments which in interaction with various
barriers may hinder their full and effective
participation in society on an equal basis with
others”
(Article 1 UN CRPD)
5
Employment rate
• 47,9% people with disabilities
• 71,5% people without disabilities
• Representative of the situation in a majority of MS: employment gap
Unemployment rate
• 18,1% people with disabilities
• 11,2% people without disabilities
• At all stages of the life cycle
Activity rate (employed or unemployed)
• 58,5% people with disabilities
• 80,5% people without disabilities
Participation in (open) labour
market
Risk of poverty & social
exclusion
6
People living in household with very low work intensity
• 24% people with disabilities
• 8% people without disabilities
People at risk of poverty after social transfers
• 19% people with disabilities
• 15% people without disabilities
Severely materially deprived household
• 13% people with disabilities
• 8% people without disabilities
People at risk of poverty or social exclusion
• 30,4% people with disabilities
• 21,9% people without disabilities
European Disability Strategy 2010-2020
- Launched by the Commission on 15 November 2010
- Its major objectives:
• empower people with disabilities to enjoy their full rights
• implement the UN Convention
• create a barrier-free Europe
- It reflects all core elements of the UN Convention on the Rights of
Persons with Disabilities, setting a concrete agenda for action of the EU
and its Member States in 8 key areas:
• accessibility, participation, equality, employment, education
and training, social protection, health, external action
- Mid-term Progress Report on its implementation was adopted by the
Commission on February 2017
Mix of tools
• Legislation
• Mainstreaming: ensure that all relevant EU initiatives promote
equal opportunities for people with disabilities
• Cooperation with Member States (Disability High-Level Group),
civil society & DPOs, international bodies (UN, CoE), EU
institutions
• Funding: to DPOs, Research, Structural and Investment Funds
• Awareness-raising: Access City Award, For Diversity Against
Discrimination campaign
• Information exchange: annual Work Forum, European Day
conference
• Reporting: Progress report on Disability Strategy and the EU
report on implementation of UNCRDP
• Studies
• Data collection and monitoring: Eurostat, ANED indicators on
Europe 2020 targets, DOTCOM
• Governance: UNCRPD Focal point
Reporting to the UN: art 35 CRPD
Each State Party shall submit to the Committee on the
Rights of Persons with Disabilities a report:
o on measures taken to give effect to its obligations under the
Convention and on the progress made
o two years after the entry into force of the Convention for
that state party
o Article 44 CRPD
o Convention open to ‘regional integration organizations’ for
signature and ratification
o Provisions of the Convention will apply to such organizations
as States Parties within the limits of their competence
Concluding Observations of the UN
Committee on the initial report of the EU
- UN Committee examines reports submitted by State Parties, and
makes concluding observations and suggestions for the follow-up
- Out of all recommendations for the EU, 3 were singled out for
action within the first 12 months. These are:
• to adopt the European Accessibility Act
• to update the EU declaration of competence in the matters
governed by the UN Convention
• to remove the Commission from the EU monitoring framework
They require another report to be submitted to the UN Committee in
October 2016, a year after the recommendations were issued. This
follow-up response is currently being finalized by the Commission.
- Another periodic report on the implementation of the UN
Convention by the EU shall be submitted no later than in 2021.
Mid-term Progress Report
on the European Disability Strategy
- It aims at describing:
• the progress achieved so far by the EU in the implementation of the
European Disability Strategy
• its links to the Recommendations made by the UN Committee in relation
to the implementation of the UN Convention in the EU
EDS report annexes
- It features a number of detailed annexes referring to:
• Annex 1 - Analysis of the responses to the public consultation on the review of
the European Disability Strategy
• Annex 2 - Progress in the implementation of the European Disability Strategy
• Annex 3 – Link between the recommendations of the UN Committee and key
actions in the European Disability Strategy
• Annex 4 - Other contributions to the Progress Report
• Annex 5 - EU legislative acts which refer to matters governed by the UN
Convention
Highlights of the Staff Working Documents
Main highlights of the recent Staff Working Document 2017:
• Despite emerging challenges, the objectives of the European Disability
Strategy remains fully relevant for the next 5 years
• It commends major progress achieved in the area of accessibility and
successful efforts on external action
• Commission is committed to continue its action using the competences and
instruments at its disposal in order to better address needs of persons with
disabilities, especially in the fields of employment, education and inclusion
European Accessibility Act
Demand side Supply side
Obligations on: Public authorities Private sector (mainly)
Material scope: Purchases via public procurement
& public funding (ESIF, TEN-T…)
Certain products and services
Obligations: Free circulation of products and
services
Functional Accessibility Requirements
Possibility: Use of standards Standards presumption of
conformity
Safeguards: Disproportionate Burden Disproportionate Burden and
Fundamental Alteration
Other Key elements:
Market surveillance
Self-declaration of compliance
Market surveillance
Committee
Enforcement: Public Procurement Directives and
other legal Acts
Action under National Courts
Action under National Courts
Penalties: Public Procurement Directives and
other legal Acts
Member States
Products & services in the scope of
the EAA
• Computers and operating systems
• ATMs, ticketing and check-in machines
• Telephones and smartphones
• TV equipment related to digital television services
• Telephony services and related equipment
• Audio-visual media services (AVMS) and related equipment
• Air, bus, rail and waterborne passenger transport services
• Banking services
• E-books
• E-commerce
15
European Pillar of Social Rights
Building a more inclusive and fairer European Union
• Sets out a number of key principles and rights
to support fair and well-functioning labour markets
and welfare systems;
• will serve as a compass for a renewed process
of convergence towards better working and living
conditions among participating Member States;
• is primarily conceived for the euro area, but
is applicable to all Member States wishing to
participate.
The relevant principles of the Pillar
• Principle 9: Work-Life balance
"Parents and people with caring responsibilities have the right to
suitable leave, flexible working arrangements and access to care
services. Women and men shall have equal access to special leaves
of absence in order to fulfil their caring responsibilities and be
encouraged to use them in a balanced way.
• Principle 17: Inclusion of people with disabilities
"People with disabilities have the right to income support that
ensures living in dignity, services that enable them to participate in
the labour market and in society, and a work environment adapted to
their needs."
• Principle 18: Long-term care
"Everyone has the right to affordable long-term care services of good
quality, in particular home-care and community-based services."

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EU Disability Strategy and UNCRPD Implementation

  • 1. UNCRPD European Disability Strategy 2010-2020 Inmaculada Placencia Porrero Senior Expert "Disability and Inclusion" Unit DG EMPL European Commission
  • 2. The EU and the UNCRPD 30 March 2007: the European Community signs the UN Convention on the Rights of Persons with Disabilities (UNCRPD) Conclusion and Optional Protocol 2008 proposal???? 26 November 2009: Council Decision on the conclusion (ratification) of the UNCRPD by the EU Adoption of the European Disability Strategy 2010-2020 22 January 2011: entry into force of the UNCRPD for the EU August 2015: Dialogue with UN Committee on the implementation of the UNCRPD by the EU September 2015: UNCRPD recommendations to the EU (Concluding Observations) February 2017: Publication of progress report on the implementation of the European Disability Strategy 2010-2020 – includes an overview of the UNCRPD recommendations' implementation
  • 3. Human Rights approach to disability => Paradigm shift "objects" of charity, medical treatment and social protection "subjects" with rights, capable of claiming those rights and making decisions for their lives based on their free and informed consent as well as being active members of society
  • 4. Concept of disability The UN Convention recognises that disability is an evolving concept “Persons with disabilities include those who have long-term physical, mental, intellectual or sensory impairments which in interaction with various barriers may hinder their full and effective participation in society on an equal basis with others” (Article 1 UN CRPD)
  • 5. 5 Employment rate • 47,9% people with disabilities • 71,5% people without disabilities • Representative of the situation in a majority of MS: employment gap Unemployment rate • 18,1% people with disabilities • 11,2% people without disabilities • At all stages of the life cycle Activity rate (employed or unemployed) • 58,5% people with disabilities • 80,5% people without disabilities Participation in (open) labour market
  • 6. Risk of poverty & social exclusion 6 People living in household with very low work intensity • 24% people with disabilities • 8% people without disabilities People at risk of poverty after social transfers • 19% people with disabilities • 15% people without disabilities Severely materially deprived household • 13% people with disabilities • 8% people without disabilities People at risk of poverty or social exclusion • 30,4% people with disabilities • 21,9% people without disabilities
  • 7. European Disability Strategy 2010-2020 - Launched by the Commission on 15 November 2010 - Its major objectives: • empower people with disabilities to enjoy their full rights • implement the UN Convention • create a barrier-free Europe - It reflects all core elements of the UN Convention on the Rights of Persons with Disabilities, setting a concrete agenda for action of the EU and its Member States in 8 key areas: • accessibility, participation, equality, employment, education and training, social protection, health, external action - Mid-term Progress Report on its implementation was adopted by the Commission on February 2017
  • 8. Mix of tools • Legislation • Mainstreaming: ensure that all relevant EU initiatives promote equal opportunities for people with disabilities • Cooperation with Member States (Disability High-Level Group), civil society & DPOs, international bodies (UN, CoE), EU institutions • Funding: to DPOs, Research, Structural and Investment Funds • Awareness-raising: Access City Award, For Diversity Against Discrimination campaign • Information exchange: annual Work Forum, European Day conference • Reporting: Progress report on Disability Strategy and the EU report on implementation of UNCRDP • Studies • Data collection and monitoring: Eurostat, ANED indicators on Europe 2020 targets, DOTCOM • Governance: UNCRPD Focal point
  • 9. Reporting to the UN: art 35 CRPD Each State Party shall submit to the Committee on the Rights of Persons with Disabilities a report: o on measures taken to give effect to its obligations under the Convention and on the progress made o two years after the entry into force of the Convention for that state party o Article 44 CRPD o Convention open to ‘regional integration organizations’ for signature and ratification o Provisions of the Convention will apply to such organizations as States Parties within the limits of their competence
  • 10. Concluding Observations of the UN Committee on the initial report of the EU - UN Committee examines reports submitted by State Parties, and makes concluding observations and suggestions for the follow-up - Out of all recommendations for the EU, 3 were singled out for action within the first 12 months. These are: • to adopt the European Accessibility Act • to update the EU declaration of competence in the matters governed by the UN Convention • to remove the Commission from the EU monitoring framework They require another report to be submitted to the UN Committee in October 2016, a year after the recommendations were issued. This follow-up response is currently being finalized by the Commission. - Another periodic report on the implementation of the UN Convention by the EU shall be submitted no later than in 2021.
  • 11. Mid-term Progress Report on the European Disability Strategy - It aims at describing: • the progress achieved so far by the EU in the implementation of the European Disability Strategy • its links to the Recommendations made by the UN Committee in relation to the implementation of the UN Convention in the EU
  • 12. EDS report annexes - It features a number of detailed annexes referring to: • Annex 1 - Analysis of the responses to the public consultation on the review of the European Disability Strategy • Annex 2 - Progress in the implementation of the European Disability Strategy • Annex 3 – Link between the recommendations of the UN Committee and key actions in the European Disability Strategy • Annex 4 - Other contributions to the Progress Report • Annex 5 - EU legislative acts which refer to matters governed by the UN Convention
  • 13. Highlights of the Staff Working Documents Main highlights of the recent Staff Working Document 2017: • Despite emerging challenges, the objectives of the European Disability Strategy remains fully relevant for the next 5 years • It commends major progress achieved in the area of accessibility and successful efforts on external action • Commission is committed to continue its action using the competences and instruments at its disposal in order to better address needs of persons with disabilities, especially in the fields of employment, education and inclusion
  • 14. European Accessibility Act Demand side Supply side Obligations on: Public authorities Private sector (mainly) Material scope: Purchases via public procurement & public funding (ESIF, TEN-T…) Certain products and services Obligations: Free circulation of products and services Functional Accessibility Requirements Possibility: Use of standards Standards presumption of conformity Safeguards: Disproportionate Burden Disproportionate Burden and Fundamental Alteration Other Key elements: Market surveillance Self-declaration of compliance Market surveillance Committee Enforcement: Public Procurement Directives and other legal Acts Action under National Courts Action under National Courts Penalties: Public Procurement Directives and other legal Acts Member States
  • 15. Products & services in the scope of the EAA • Computers and operating systems • ATMs, ticketing and check-in machines • Telephones and smartphones • TV equipment related to digital television services • Telephony services and related equipment • Audio-visual media services (AVMS) and related equipment • Air, bus, rail and waterborne passenger transport services • Banking services • E-books • E-commerce 15
  • 16. European Pillar of Social Rights Building a more inclusive and fairer European Union • Sets out a number of key principles and rights to support fair and well-functioning labour markets and welfare systems; • will serve as a compass for a renewed process of convergence towards better working and living conditions among participating Member States; • is primarily conceived for the euro area, but is applicable to all Member States wishing to participate.
  • 17. The relevant principles of the Pillar • Principle 9: Work-Life balance "Parents and people with caring responsibilities have the right to suitable leave, flexible working arrangements and access to care services. Women and men shall have equal access to special leaves of absence in order to fulfil their caring responsibilities and be encouraged to use them in a balanced way. • Principle 17: Inclusion of people with disabilities "People with disabilities have the right to income support that ensures living in dignity, services that enable them to participate in the labour market and in society, and a work environment adapted to their needs." • Principle 18: Long-term care "Everyone has the right to affordable long-term care services of good quality, in particular home-care and community-based services."