Best Western Congress Hotel- Yerevan

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Presentation transcript:

Best Western Congress Hotel- Yerevan “The HELP Programme and the New Online Course on the Rights of Persons with Disabilities” Dr. Delia Ferri delia.ferri@mu.ie Conference “Aware of our rights, able to protect them!” 19-20 September 2017 Best Western Congress Hotel- Yerevan

The course has been developed in cooperation with the Advocacy Centre on Council of Europe Standards (ACCESS) and in cooperation with the Department of the European Social Charter and the Secretariat on the Rights of Persons with Disabilities of the Council of Europe, under the auspices of the HELP programme

The HELP Programme in a Nutshell

The HELP Programme in a Nutshell The European Programme for Human Rights Education for Legal Professionals (HELP) has been created by the Council of Europe (CoE) to support professionals in its own member states in implementing the European Convention on Human Rights (ECHR) at the national level, in conjunction with relevant international standards

The HELP Programme in a Nutshell Training materials are designed with the purpose of enhancing knowledge and skills that you can apply directly in your daily work The HELP Programme in a Nutshell

The HELP Programme in a Nutshell Key Concepts Relevant Provisions Relevant Case law Interactive Interface The HELP Programme in a Nutshell

The course «The Rights of Persons with Disabilities and Relevant Council of Europe Standards»

The Rationale of the Course The last 10 years have witnessed a rapid emergence and global diffusion of disability rights. These have been prompted by the entry into force of the UN Convention on the Rights of Persons with Disabilities (UNCRPD). The Council of Europe (CoE) has developed a comprehensive disability policy, which is currently informed by the UNCRPD principles. The European Convention on Human Rights (ECHR) and the European Social Charter (ESC)standards are currently interpreted in light of the UNCRPD.

The Rationale of the Course The CoE has actively participated in the negotiation of the UNCRPD since 2003, thanks to the initiative of the Parliamentary Assembly.

The Rationale of the Course The EU acceded to the UNCRPD in 2010. The UNCRPD itself has become an integral part of EU law and represents the benchmark against which EU disability initiatives must be assessed.

The Rationale of the Course Cross-fertilization Synergies

The Rationale of the Course The UNCRPD provides several references to training and awareness raising Art. 4(1)(i) UNCRPD requires States Parties to ‘’promote the training of professionals and staff working with persons with disabilities in the rights recognized in the present Convention so as to better provide the assistance and services guaranteed by those rights”

The Rationale of the Course Training as part of international cooperation efforts Art. 32(1)(i) UNCRPD requires States Parties to facilitate and support “capacity-building, including through the exchange and sharing of information, experiences, training programmes and best practices”

Why is this Relevant to Armenia…? ratified the UNCRPD on 22 September 2010 (having signed the Convention in 2007), but it has not signed yet the Optional Protocol. is a member of the Council of Europe since 25 January 2001. has a strong relation with the EU. The EU-Armenia Partnership and Cooperation Agreement (1999), which includes the promotion of democracy and human rights, will be soon replaced by a new and very comprehensive agreement concluded in February 2017

What is it relevant to you?

The Content of the Course UNCRPD provisions and relevant decisions of the UNCRPD Committee CoE soft law and policies ECHR and ESC provisions Relevant case law of the ECtHR Decisions of the ECSR Relevant EU law and CJEU

The Content of the Course The course is underpinned by the understanding of human rights as indivisible, be they civil, political, economic, social or cultural. The course is informed by a social model oriented understanding of disability

Overall Learning Objectives Identify and compare international standards on rights of persons with disabilities under the UNCRPD and the CoE instruments (European Convention on Human Rights –ECHR, European Social Charter- ESC and soft law documents), and under EU law Understand and distinguish the role of European actors in protecting and promoting the rights of persons with disabilities, with a focus on the role of the European Court on Human Rights (ECtHR), and the European Committee of Social Rights (ECSR) Apply in practice the relevant provisions of the UNCRPD, ECHR, ESC and other European standards

The Structure of the Course General Introduction 1 - Non-discrimination and intersectionality 2- Legal Capacity 3- Accessibility 4- Social rights of persons with disabilities, with a focus on employment and education

Module 1 What can constitute discrimination on the grounds of disability? What is reasonable accommodation? What are positive actions? What is intersectional discrimination? When does it occur? UNCRPD ECHR ESC EU charter of Fundamental rights Employment Equality Directive

Module 3 Arts. 9 and 21 UNCRPD and General Comment No. 2 Accessibility Universal Design Assistive Technology Arts. 9 and 21 UNCRPD and General Comment No. 2 CoE Disability Strategy 2017-2023 EU law

Principle of Universal Legal Capacity Module 2 Principle of Universal Legal Capacity Dignity Autonomy Independent Living UNCRPD, and General Comment No. 1 of the UNCRPD Committee ECHR and ECtHR Case law

ESCand decisions of the ECSR Module 4 Employment and Education Social Rights UNCRPD ECHR and ECtHR case law ESCand decisions of the ECSR

Questions?

Thank you for your attention! Delia.ferri@mu.ie