Presentation on theme: "Disability Strategy and EU external action"— Presentation transcript:
1 Disability Strategy 2010-2020 and EU external action Inmaculada Placencia PorreroDeputy Head of UnitUnit D3 Rights of Persons with DisabilitiesEuropean CommissionDG Justice
2 The UN Convention General Assembly resolution 56/168 - 19 Dec. 2001 13 December 2006 Adoption by the General AssemblySignature30 March 2007 signed by the European CommunitySigned by all Member States3 May 2008 entry into forceRatificationCommission proposal for Conclusion of the Convention and accession to Optional Protocol29 August 2008Council Decision 2010/48 concerning the conclusion26 November 20092 December 2010 Adoption of the Code of ConductEntry into Force for the EU 22 January 2011Ratified by 24 MS
3 Council Decision Conclusion UNCRPD 26 November 2009: Council Decision 2010/48/EC concerning the conclusion (formal confirmation), by the European Community*, of the United Nations Convention on the Rights of Persons with DisabilitiesArticle 2 (deposit of instruments of formal confirmation)Article 3 (COM as the focal point)Article 4 (external representation, close cooperation)Articles 3 – 4 (Code of Conduct)Annex I (UNCRPD)Annex II (declaration of competence + appendix)Annex III (reservation)
4 EU GovernanceFocal point: European Commission; Unit for the Rights of Persons with DisabilitiesCoordination mechanism: Human Rights Group of the Council (COHOM)EU Framework art 33.2: Adopted 2012
5 The EU Framework (art 33.2 CRPD) Disability Strategy:A monitoring framework will be established afterconsidering the possible role of a number ofexisting EU bodies and institutions andwithout undue administrative burden
6 The Commission's proposal The members of the framework:European Parliament's Petitions CommitteeEuropean OmbudsmanEuropean CommissionEU Agency for Fundamental Rights (FRA)European Disability Forum (EDF)The rationale:Limited EU competence: complementarity with the MS frameworksFocus on the tasks: the proposed EU institutions and bodies exercise tasks relevant to art 33.2 within their existing mandatesSimple, efficient and practical arrangement to maximise the synergies between existing bodies and institutionsNo legal changes / additional resources are necessary
7 The EU framework's mandate Dual scope:1. EU legislation and policy in the areas where the Member States have transferred competences to the EU2. “Internal” implementation of the Convention by EU institutions as a Public Administration (e.g. staff issues, interaction with citizens)
8 EU Declaration of Competences Article 44(1) UNCRPD: a regional integration organisation in its instrument of formal confirmation or accession is to declare the extent of its competence with respect to matters governed by the Convention.EU Declaration indicates the competences transferred to the Community by the Member States under the Treaty establishing the European Community, in the areas covered by the Convention.In some matters the European Union has exclusive competence and in other matters competence is shared between the EU and the Member States. The Member States remain competent for all matters in respect of which no competence has been transferred to the EU.EU exclusive competences: state aids, common custom tariff, its own public administrationEU shared competences: action to combat discrimination on the ground of disability, free movement of goods, persons, services and capital, transport by rail, road, sea and air transport, taxation, internal market, equal pay for male and female workers, Trans-European network policy and statistics.
9 The EU and its Member States Duty of close cooperationRequirement of unity in international representationArticle 10 TEC, ECJ case-law(Opinion 2/91, Opinion 1/94, C-459/03, C-246/07)
10 Code of Conduct Member States competences – coordinated positions Rules for:- Division of tasks and establishing positions based on competenceMember States competences – coordinated positionsExclusive (EU) competences - Union positionsShared competences – common positions-Speaking-Voting-Nominations-Focal point -> European Commission-Monitoring and reporting arrangementsAnnex -> statistical data
11 Fifth session of the Conference of States Parties to the Convention on the Rights of Persons with DisabilitiesPreparatory work:COHOMEAADHLGWritten procedureCode of ConductCandidates and voting
12 LEGAL BASISTFEU Articles 10 and 19: the EU shall aim to combat discrimination(mainstreaming and specific legislation)Other 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)CHARTER OF FUNDAMENTAL RIGHTS OF THE EUArticle 21: Discrimination on the grounds of disability shall be prohibitedArticle 26: 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.
13 Compliance of new EU legislation with the UNCRPD Operational Guidance on taking account of Fundamental Rights in Commission Impact Assessments(COM staff working paper SEC(2011) 567 final (6 May 2011)This Operational Guidance was prepared by DG JUSTICEArt 53 ref relationship between the Charter and international agreements to which the Union or the Member States are partyIt provides practical help and advice on how to assess impacts on fundamental rights when preparing Impact Assessments.Explicit reference to need to be in line with the UNCRPD.
14 European Disability Strategy 2010-2020 Adopted on 15 November 2010.Three main documents:Communication on a European Disability StrategyInitial plan to implement the Strategy: List of ActionsBackground Document with facts and figures
15 Main objectivesComply with the international commitments taken by concluding the UN Convention on the Rights of Persons with Disabilities:Empower PWD to enjoy their full rightsCreate a barrier-free Europe for allBring PWD closer to EU2020 targets for employment, education and training, risk of poverty and social exclusion
16 KEY FIGURES How many persons with disabilities in the EU? Difficult to estimate due to lack of data and a common definition: around 80 million Europeans have a disability that ranges from mild to severeCorrelation between disability and ageing:63% of people with disabilities are older than 45. Nearly 30% of people in the age group report a disability and the incidence of disability will increase as the EU population gets older. Over 30 % of respondents aged over 75 are restricted to some extent, and over 20 % severely restricted.2
17 Scope EU Areas of competences EU institutions Thematic Actions EU levelSupplement National actionsGovernanceFramework for implementation and monitoring, required by the UNCRPDStrategy: ISG, D-HLG, MS+NGOs, EU institutions
18 EU 2020 Market opportunities Key Relevant Flagship initiatives: Full 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 employedThe share of early school leavers should be under 10% and at least 40% of the younger generation should have a tertiary degree.20 million less people should be at risk of poverty (reduction by 25%)
19 Main areas for EU action Presented in the Communication; provide structure for List of Actions ( ):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 facilitiesExternal action including EU enlargement, neighbourhood and international development programmes
20 Area nr. 8 => EU External Action Specific objective:To promote the rights of people with disabilities within a broader non-discriminatoryapproach in the EU external action, including the enlargement process and developmentprogrammes, taking due account of the common EU and Member States' approach todevelopment
21 8 External Action – Key actions (I) – Ensure that the specific needs of persons with disabilities, including those who are disabled as a consequence of natural and man-made disasters, are properly assessed and addressed in the area of emergency and humanitarian aid outside the EU– Highlight disability where appropriate as a human rights issue in the EU human rights dialogues with third countries, based on the principles of the UNCRPD– Ensure that EU development cooperation reaches persons with disabilities, both through projects/programmes specifically targeting persons with disabilities and by improving the mainstreaming of disability concerns– Enhance coherence and complementarity between the EU approach to persons with disabilities and EU assistance to survivors of landmine and explosive remnants of war during armed conflict and its aftermath– Support the national efforts of partner countries for the signature, ratification and implementation of the UNCRPD– Support where appropriate the institutional strengthening of Disabled Peoples' Organisations in partner countries and organisations dealing with disability and development
22 8 External Action –Key actions (II) – Consolidate the network of disability focal points in EU Delegations and at Headquarters, and increase the awareness of EU staff on disability matters– Promote that infrastructure financed in the framework of EU development projects meets the accessibility requirements of people with disabilities.– Update the Guidance Note on Disability and Development to be in line with the UN Convention on the Rights of Person with Disabilities– Ensure that progress is made by candidate and potential candidate countries on promoting the rights of persons with disabilities and that accession funds are used to improve their situation– Encourage European Neighbourhood Policy partner countries to protect the rights of persons with disabilities; mainstream disability-related issues through policy dialogue and exchange of experience; and explore possibilities for financial assistance under the European NeighbourhoodPolicy and Partnership Instrument
23 Mix of tools to achieve the objectives Legislation: e.g. explore the possibility of a “European Accessibility Act”Mainstreaming: ensure that all relevant EU initiatives promote equal opportunities for people with disabilitiesCooperation between Member States and civil societyFundingAwareness-raisingData collection and monitoring
24 Data collection and monitoring ReportingUNCRPD reportReport on strategy implementationOn-line tool with instruments to implement UNCRPDData collectionNetwork of expertsStudiesStatistics and data collectionIndicators targets
25 UN Convention implementation Annual disability Ministers meetingPresidency ConclusionsAnnual Disability High Level Group report on implementationAnnual Information NoteAnnual Presidency ConferenceAnnual Work ForumEuropean Disability Strategy
26 Implementation Historical perspective 1st HLG Report (2008):focus on challenges and solutions identified by MS and stakeholders with regards to the implementation of the UNCRPD2nd HLG Report (2009):focus on accessibility, legal capacity, access to justice, independent living, voting rights, monitoring and empowerment3rd HLG Report (2010):focus on procedural matters and governance4th HLG Report (2011):focus on the interface between UNCRPD and the Europe 2020 headline targets for education, employment and poverty
27 Focus for 5th HLG ReportNational and EU legal and regulatory frameworks to promote accessibility.National strategies and actions developed in order to effectively put in practice the UNCRPD in the area of accessibility.
28 Background: the online tool Defined in Annex 2 of the Commission Staff Working Paper accompanying the Strategy SEC(2010)1323For each country, key instruments to achieve the effective implementation of the UN Convention: a table, displaying policies, practical measures and legal actsWith web link to reference document or relevant informationVia our main website:
29 Individual record contains: Theme (e.g. Accessibility)CountryInstrument (e.g. a law)Description of the instrumentWeb link to the sourceAdditional linksDate of update
30 The online tool 34 countries + EU 1,505 records x 9 fields 43 instruments1,505 recordsx 9 fields= 13,545 items
32 Next steps 2013: Update of Scoreboard EU to report on Disability Strategy (Progress report foreseen in Communication)EU to report on implementation of UNCRDP Update of Scoreboard
33 EU report to the UN: timeline PreparationApril 2012 => Information to Inter-service GroupMay and October 2012=> Information to the HLGStudyJuly– September 2012 => Tender procedureWinter 2012 – Spring 2013 => data collection, analysis, conclusionsConsultationsCOHOMCommission’s servicesHLG Spring 2013 meetingStakeholders, DPOsThe EU FrameworkSubmission to the UNby July 2013
34 Useful weblinksEuropean Disability Strategy :Initial plan to implement the Strategy: List of Actions :United Nations Convention on the Rights of Persons with Disabilities:
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