Presentation on theme: "The evolving European Disability Policy Context"— Presentation transcript:
1The evolving European Disability Policy Context Inmaculada Placencia PorreroDeputy Head of nitEuropean Commission - DG JusticeUnit D3 – Rights of Persons with Disabilities
2EU disability policy European Disability Strategy 2010-2020 1996 A New European Community Disability Strategy2003 European Year of People with DisabilitiesLong-term follow-up European Disability Action PlanEuropean Disability Strategy
3Statistics in Europepersons with disabilities are in the order of 10%8 of the working age population LFS (15 % according to EU Silc)32 % people aged report a disability44 % people aged report a disability60 % people aged report a disability70 % people aged 85+ report a disabilityPeople with years -> 55% (2008) and 51% (2030) of EU populationPeople with years -> 12,7% (2008) and 16,6% (2030) of EU populationPeople with 80+ years-> 4,4 (2008) and 6,9(2030) of EU population
4EUROPE 2020Full economic and social participation of persons with disabilities is essential for Europe 2020 to succeed in creating smart, sustainable and inclusive growthMarket opportunitiesKey Relevant Flagship initiatives:Innovation UnionYouth on the moveA digital agenda for EuropeAn agenda for new skills and jobsEuropean platform against povertyRelevant Targets:75 % of the population aged should be employedEmployment gap 45 % versus 75%The share of early school leavers should be under 10% and at least 40% of the younger generation should have a tertiary degreeEducation gap 19% versus 31%20 million less people should be at risk of poverty (reduction by 25%)Poverty risk gap 15 versus 21 %
5DISABILITY POLICY AT EU LEVEL Disability policies are mainlyMember States responsibility:administration, organisation, provision of social care, social services, healthcare, child careWhy a disability policy at EU level?People with disabilities have similar concerns throughout the EU: same rights, same obstacles, same discriminationsEU policies, instruments and legislation impact in many ways on situation of people with disabilities
6Tools available to the EU LegislationPolicy-makingFinancialInstruments
7Education, Vocational Training, EU CompetencesSupporting &Coordinating &SupplemetingCulture, EmploymentEducation, Vocational Training,Youth and Sport...*Exclusivecustoms unioncompetitionsingle currency...*SharedSingle marketSocial AffairsTransportConsumer protection...**notexhaustive
8LEGAL BASIS Other legal bases can be relevant, e.g. TFEU Article 10 and 19: the EU shall aim to combat discriminationArticle 10 => mainstreamingArticle 19 => specific legislationOther legal bases can be relevant, e.g.Internal market (Art 114)Transport (Art TFEU)State Aid ( TFEU)Employment ( TFEU)Social Policy (151, 153 TFEU)Education (Art. 165 TFEU)Public health (Art. 168 TFEU)Approximation of Laws (114 TFEU, high level of protection as a base)In defining and implementing its policies and activities, the Union shall aim to combat discrimination based on sex, racial or ethnic origin, religion or belief, disability, age or sexual orientation.1. Without prejudice to the other provisions of the Treaties and within the limits of the powers conferred by them upon the Union, the Council, acting unanimously in accordance with a special legislative procedure and after obtaining the consent of 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.2. By way of derogation from paragraph 1, the European Parliament and the Council, acting in accordance with the ordinary legislative procedure, may adopt the basic principles of Union incentive measures, excluding any harmonisation of the laws and regulations of the Member States, to support action taken by the Member States in order to contribute to the achievement of the objectives referred to in paragraph 1.
9The Charter of Fundamental Rights of the EU Article 21: Discrimination (inter alia) on the grounds of disability shall be prohibitedArt. 24 Rights of the childArt. 25 Rights of the elderlyArt. 26 Integration of persons with disabilitiesThe 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.
10UN Convention on the Rights of Persons with Disabilities 30 March 2007: signature by the European Community and all Member States28 August 2008: Commission Proposal for conclusion of UN Convention and Optional Protocol26 November 2009: Council Decision on the conclusion of the Convention by the European Community2 December 2010: Adoption of the Code of Conduct23 January 2011: Entry into force of the Convention for the EU
11UN Convention UNCRPD is an integral part of the EU legal order: the EU is bound to the extent of itscompetences(as defined in the Treaties and outlined in the secondary acts in the Appendix)“shape” secondary legislation
12THE HUMAN RIGHTS APPROACH TO DISABILITY Persons with disabilities include:those who have long-term physical, mental, intellectual or sensory impairmentswhich in interaction with various barriersmay hinder their full and effective participation in society on an equal basis with others(Article 1 UN Convention on the rights of persons with disabilities)Paradigm shift"objects" of charity,medical treatmentand 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.
13European Disability Strategy 2010-2020 Adopted by the Commission on 15 November 2010Main objectives:Empower people with disabilities to enjoy their full rightsCreate a barrier-free Europe for allComply with the international commitments taken by concluding the UN Convention
14Main areas for EU action Accessibility of goods and servicesParticipation as equal citizens in Europe and quality community-based servicesEquality and combating discriminationEmployment in the open labour marketInclusive education and trainingSocial protection to combat poverty and social exclusionEqual access to health services and related facilitiesEU External action (enlargement, neighbourhood and international development programmes)
15HOW WILL IT WORK? Mix of tools: • Legislation: e.g. explore the possibility of a “European Accessibility Act”• Mainstreaming: ensure that all relevant EU initiatives promote equal opportunities for people with disabilities• Cooperation between Member States and civil society• Funding• Awareness-raising• Data collection and monitoringÜber den eigenen Tellerrand schauen.Bsp. Itlaien
16The Disability Strategy and Structural Funds Key actions forAccessibilityImprove application of Article 16 (New article 7) of the Structural funds general regulation to progress on accessibility (and new regulation when adopted)ParticipationOptimise the use of Structural Funds and the Rural Development Fund to support the development of community based servicesIdentify good practice of the use of Structural Funds and the Rural Development Fund in relation with the principle of independent and community livingDevelop a training module for European Commission geographical Desk officers (and national administrations) dealing with Structural Funds and the Rural Development Fund on the UNCRPD and common basic principles on deinstitutionalisationDevelop a toolkit for managing authorities on how to use Structural Funds and the Rural Development Fund to support the development of community-based servicesReport on Member States' compliance with article 16 of Structural funds general regulation
17The Disability Strategy and Structural Funds Key actions forEmploymentMake use of the ESF, in accordance with Guideline 7, to promote labour market integration of people with disabilities and other vulnerable groupsSocial ProtectionOptimise the use of the European Platform against Poverty and the ESFPromote the design and implementation of social innovation programmes for persons with disabilitiesReduce social exclusion by targeted support of concrete actions through the ESF under the framework of the European Platform against povertyFinancial supportPromote the design and application of European co-funding instruments under shared management, in particular the Structural Funds in an accessible and non- discriminatory wayUpdate of toolkit on non-discrimination and accessibility in the structural funds
182. Participation (strategy) Objective: to promote the transition from institutional to community-based care by:1. using Structural Funds and the Rural Development Fund to support the development of community-based services2. and raising awareness of the situation of people with disabilities living in residential institutions, in particular children and elderly people
192. Participation (list of actions) 1. To Enhance Member States' efforts towards the transition from institutional to community- based care:– Develop and disseminate a quality framework for community-based services that is inclusive of person with disabilities building on the quality framework for Social services of general interest– Promote the exchange of good practices among Member States in the Disability High Level Group on personal assistance funding schemes
202. Participation(list of actions) 2. To optimise the use of Structural Funds and the Rural Development Fund to support the development of community-based services– Identify good practice in relation with the principle of independent and community living– training for European Commission geographical Desk officers (and national administrations) on the UNCRPD and common basic principles on deinstitutionalisation– develop a toolkit for managing authorities– Report on Member States' compliance with article 16 of Structural funds general regulation
212. Participation(list of actions) 3. To improve the knowledge base on the situation of people with disabilities living in residential institutions– Collect data on the number, size and life conditions of residential institutions– Study on existing legal and administrative rules which directly or indirectly promote institutionalisation with recommendations on how to remove them
22Some actionsEU Disability Action Plan - 2nd Phase : thematic priority “promoting independent living for people with disabilities”2007 Study on the economics of community-based carecompares institutional and community-based care in terms of quality and costs, showing that Community- based services, when properly established and managed, can deliver better outcomes in terms of quality of lifeshows that services in the community are not more expensive than institutional care, provided the needs of residents and quality of care are taken into account in calculating the costs.Awareness-Raising: The European Day of People with Disabilities2005 conference: “Living together in society”2009 conference: “Creating Conditions for Independent Living”
23Accessibility Actions More accessible infrastructures, goods and services, ICT bring innovation and inclusive growthKey actions on accessibility in the Disability Strategy:Study on the cost benefit of accessibility of goods and servicesAccessibility ActTransport regulations for persons with reduced mobilityDigital AgendaAccessibility standardisation MandatesEuropean Award for accessible citiesImprove application of Art 16 of structural funds
24Eurobarometer -Published 3rd December 2012 -Overall more than nine in ten respondents (93%) agree that barriers make it difficult for people with disabilities.-7 in 10 Europeans believe better accessibility of goods and services would very much improve the lives of people with disabilities, the elderly and others with accessibility issues.-Two thirds (66%) of respondents say that they would buy, or pay, more for products if they were more accessible and better designed for all, with specific reference to the inclusion of people with disabilities and the elderly.-96% of Europeans agree that when public authorities provide goods and services they should be obliged to ensure that they are also accessible to people with disabilities.
25What we have now: Article 16 and toolkit for using SF for accessibility and non-discrimination Article 16 Regulation 1083/2006The Member States and the Commission shall take appropriate steps to prevent any discrimination based on sex, racial or ethnic origin, religion or belief, disability, age or sexual orientation during the various stages of implementation of the Funds and, in particular, in the access to them.In particular, accessibility for disabled persons shall be one of the criteria to be observed in defining operations co- financed by the Funds and to be taken into account during the various stages of implementation.
26The role of EU Structural Funds Two Structural Funds can play an important role in investments to promote personal autonomy and community-based care:1. the European Regional Development Fund (ERDF) for infrastructures, research and innovation2. the European Social Fund (ESF) for human resourcesPriorities to use the structural funds are set at national and regional level, but the Commission will work with the Member States to promote exchange of good practice and develop guidelines on how to best use those funds to promote the personal autonomy and the right of persons with disabilities to live independently
27The role of EU Structural Funds The European Regional Development Fund (ERDF) finances:direct aid to investments in companies (in particular SMEs) to create sustainable jobs;financial instrumentsinfrastructures (environment, energy and transport, ICT, social infrastructure which contribute to regional and local development and increasing the quality of life)
28ERDF: SOCIAL INFRASTRUCTURE Support investments for:ERDF: SOCIAL INFRASTRUCTUREBuilding infrastructures needed to run alternative, community-based services (e.g. day-care facilities, adaptations to existing schools, family-type accommodations)Renovating old institutions to serve other purposes (e.g. police station, hospital…)Renovating existing old institutionsBuilding new institutions228
29EU STRUCTURAL FUNDS The European Social Fund (ESF) finances: Workers and new skillsBusinesses undergoing changeAccess to employment and social inclusionEducation and trainingWomen and jobsFighting discriminationWorking in partnershipBetter public servicesTransnational projects and networksInnovative actions
30ESF: SOCIAL INCLUSIONStrengthening the institutional and administrative capacity of the Authorities in charge of deinstitutionalisation processesTraining staff with new skills appropriate for community-based care, including re-qualification of staff who previously worked in institutionsCreate pathways to (re) integration into employment for persons leaving the institutionsAwareness campaigns to fight discrimination, change attitudes and promote diversity230
31CSF – Key actions for disabilities (1) ESF key actionsSupport to DI for children without parental care, people with disabilities, elderly, people with mental health disorders, with a focus on integration between health and social servicesTargeted early-childhood education and care services, incl. integrated approaches combining childcare, education, health and parental support, with focus on prevention of children's placement in institutional careEnhanced access to affordable, sustainable and high-quality healthcare with a view to reducing health inequalities, supporting health prevention and promoting e-health, including through targeted actions focused on particularly vulnerable groups;Enhanced access to affordable, sustainable and high-quality social services such as employment and training services, services for the homeless, out of school care, childcare and long-term care servicesinnovative and elderly-friendly forms of work organisation, including accessible working environments and flexible measures;prolonging healthier working lives through the development and implementation of measures to promote healthy lifestyles and tackle health risk factors such as physical inactivity, smoking, harmful patterns of alcohol consumption;promoting employability and the participation of older workers in lifelong learning schemes to facilitate active ageing.NOTE: CSF key actions list is not exhaustive but should be considered as guidance.31
32CSF – Key actions for disabilities (2) ERDF key actions - Targeted infrastructure investments to support shift from institutional to community based care, which enhances access to independent living in community with high quality services - Support infrastructure investments in childcare, elderly care and long-term care - investment in health and social infrastructure to improve access to health and social services and reduce health inequalities - specific investments targeted to remove and prevent accessibility barriers NOTE: CSF key actions list is not exhaustive but should be considered as guidance.
33Position of the Commission Services on the development of Partnership Agreement and programmes The position papers inform the Member States of the Commission Services' views on the main challenges and funding priorities for and establish a framework for dialogue.-education and employment of persons with disability-accessibility-transition to community based services-training of professionals….
34Common strategic framework Regulation Article 7 non-discrimination and accessibility Partnership agreements Ex-ante evaluations Operational programmes Monitoring and evaluation Implementation reports Common strategic framework Horizontal principles Conditionalities
35Useful web linksEuropean Disability Strategy http://ec.europa.eu/social/main.jsp?langId=en&catId=429&newsId=933&furtherNews=yesInitial plan to implement the Strategy: List of ActionsCOUNCIL DECISION (2010/48/EC) of 26 November 2009 / Conclusion by the European Community of the UN CRPDUnited Nations Convention on the Rights of Persons with DisabilitiesAcademic Network of European Disability Experts (ANED)Toolkit (2009)Report of the Ad Hoc Expert Group on the Transition from Institutionalto Community-based Care (2009)Supported Employment for people with disabilities in the EU and EFTA-EEA (COWI Study Report)