1. Experience of Belgium in implementing the principle of reasonable accommodation in education, employment and work through the practice of the Interfederal Centre for Equal Opportunities Florence Pondeville – Legal Officer 11/12/2014 - ZAGREB

2. Who we are Belgian legal framework Disability / Reasonable accommodation How we work UN CRPD 3 Missions

3. Interfederal Center for Equal Opportunities ?

4. Interfederal Center for Equal Opportunities Independent public service; Created in 1993 by law (racial discrimination); 2003 : Following EU-directive 2000/78 Centre becomes competent to handle discrimination on so-called ‘non-racial’ grounds;

5. Interfederal Center for Equal Opportunities 2007: Harmonization of the anti- discrimination legislation; 2010 : B-status United Nations; 2011: Independent mechanism UN- CRPD; 2014 : Interfederal Centre

6. Center  Dual responsibilities: As equality body EU As independant mechanism UN-CRPD

7. Anti-discrimination legislation Principle of equality  Treat equally persons in similar situations  Treat differently persons in different situations

8. Anti-discrimination legislation Gender; Racism ( nationality, origin, so-called race, …) Disability, sexual orientation, religion or belief, age; ( EU directive) Health condition, wealth, civil status, political belief, social origin, …  19 grounds protected

9. Covered areas Employment and occupation; Education; Health care; Goods and services ( insurance, housing, access to restaurants, …) ; All activities open to the public(so- called ‘catch-all’ clause )

10. Disability? No definition in law  Center promotes broad interpretation ( // European caselaw):  physical and sensory health problems  chronic and degenerative diseases  genetic diseases  mental or intellectual limitations  physical or mental restrictions as a result of a work accident or an occupational illness

11. Prohibited forms of discrimination Direct discrimination Indirect discrimination Refusal to provide reasonable accommodation Instruction to discriminate Intimidation/ harassment Incitement to discrimination, hatred or violence (criminal law) Aggravating circumstances (criminal law) Discrimination commited by officials (criminal law)

12. What is reasonable accommodation? 2009 : protocol btw federal state & regions &communities Accommodation:  Meets the needs;  Ensures equal participation;  Promotes autonomy;  Ensures security & dignity.

13. What is reasonable accommodation? What is reasonable? Criteria:  Cost;  Impact on organisation;  Frequency & duration;  Impact on environment of others;  Existence of alternative;

14. Reasonable accommodation Not to favor but to compensate the negative effects of an unadapted environment

15. How do we work? Human rights based approach; Dialogue, respect, partnership;  Advise  Information  Conciliation ( ADR) if possible  Court ( only 5%) if needed

17. Disability & Health cases (2013)

18. UN-Convention on the Rights of Persons with Disabilities Adopted by the General Assembly on December, 13th 2006; Ratified by Belgium on July, 2nd 2009; Ratified by the EU on December, 23th 2010; 2011: Interfederal Centre designated as independent mechanism (art. 33.2) September 2014: 1 st evaluation of Belgium by UN-Committee in Geneva

19. Dual missions Equality body EU Individual cases; Information, training, raising awareness; Opinions & recommandations to public authorities. Independent mechanism UN ( art 33.) Protect; Promote; Monitor.

20. Individual cases / Protection Anti-discrimination legislation (both federal and regional law); UN-CRPD angle (e.g. independent living, accessibility, …); Conciliation where possible; Court where needed

21. Individual cases / Protection Good practices Girl with type 1 diabetes can’t go on school trip (camping overnight) because previous bad experience  negociation  reasonable accommodation  she takes part; Registration of young man with schizophrenia in high school canceled after disease is known  appeal to Minister + recommandation of Center  registration confirmed

22. Individual cases / Protection Good practices Hearing-impaired woman applies for a job; she asks for sign language translation during process. Excluded form the selection  negociation  discirmination is acknowledged by employer and financial compensation; In public service, persons working part time for medical reason disadvantaged  rules modified.

23. Individual cases / Protection Recent caselaw “Are you a journalist or are you disabled?” Father of a newborn daughter with a disability got fired because employer thought that the disability would have an impact on the work performance of his employee (discrimination by association)

24. Individual cases / Protection Recent caselaw Refusal of access of a guidance dog Salesperson got fired because a customer complained about being served by somebody with a (congenital) deformation of the hands;

25. Information, training, awareness / Promotion Consultation of people with disabilities and their organisations + seminar ; Evaluation by the UN-Committee; Training for trade unions, police services, school directors, … Inclusive education.

26. Opinions & recommandations / Monitoring Advice (e.g. on draft decrees on inclusive education and independent living); Recommendations(e.g. concerning internment, medical aid at school, accessibility of public transport, reasonable accommodations at work, …) Parallel report and list of issues; Active role in the evaluation Divulgation of concluding observations

27. Parallel report Disability mainstreaming; Data collecting; Participation in decision-making; Accessibility ; Inclusive education ; Safeguarding status in accordance with human dignity.

28. Parallel report Living independently ; Situation of internees and persons with disabilities in detention ; Ensure a decent standard of living and combat poverty; Protection against discrimination in employment and training.

29. Questions? Thank you!

30. Florence Pondeville Florence.pondeville@cntr.be Interfederal Center for equal opportunities 138, Rue Royale 1000 Brussels Belgium www.diversite.be