International legal frameworks Combating discrimination Luk Zelderloo, EASPD Secretary General 19 th – 20 th March 2009

Overview 1.Treaty of Amsterdam art. 13 (1997) 2.Charter of fundamental rights 3.Council directive on racial and ethnic origin (2000) 4.Council directive on equal treatment in employment and occupation (2000) 5.Council of Europe Action Plan (2006) 6.UN convention on the rights of persons with disabilities (2008) 7.Art. 13 anti-discrimination directive (2008)

Treaty of Amsterdam (1997) Art. 13 “…the Commission and after consulting 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." Treaty of Amsterdam

Charter of fundamental Rights 2000 Art. 21 Non-discrimination Any discrimination based on any ground such as …disability…shall be prohibited. Art. 26 Integration of persons with disabilities The union recognizes and respects the rights of persons with disabilities to benefit from measures designed to ensure their independance, social and occupational integration and participation in the life of the community. Charter of fundamental rights

Council Directive 2000/43/EC 29 June 2000 Implementing the principle of equal treatment between persons irrespective of racial or ethnic origin. Racial or Ethnic origin directive

Concept of discrimination a)Direct discrimination = a person is treated less favourably on grounds of racial or ethnic origin. b)Indirect discrimination = a neutral provision puts persons at a particular disadvantage. Racial or Ethnic origin directive

SCOPE Employment (and recruitment) Vocational training and guidance Working conditions and pay Social protection and social advantages Education Access to goods and services available to the public Racial or Ethnic origin directive

Council directive 2000/78/EC 27 November 2000 Establishing a general framework for equal treatment in employment and occupation. Employment directive

SCOPE Employment and self empolyment Selection and recruitment Access to all types of vocational guidance, training,… Working conditions and pay Membership of unions Employment directive

Key: Reasonable accomodation for disabled persons  Appropriate measures where needed  Disproportionate burden Employment directive

Council of Europe Action Plan Paradigm shift from patient to citizen Anti-discriminatory and human rights framework as a basis Mainstreaming disability Aiming at equal opportunities in 15 action lines Council of Europe Action Plan

UN Convention on the rights of persons with disabilities Art. 1: Purpose Promote, protect and ensure the enjoyment of all human rights and fundamental freedoms. UN Convention

UN Convention on the rights of persons with disabilities Art. 2: Definitions Discrimination: distinction, exclusion or restriction on the basis of disability which has the purpose or effect… UN Convention

UN Convention on the rights of persons with disabilities Art. 3: Principles –Respect –Non-discrimination –Participation –Equality of opportunity –Accessibility –Equality between men & women –Respect for evolving capacities UN Convention

UN Convention on the rights of persons with disabilities Art. 5: Equality and non-discrimination Key: –All persons are equal –Prohibit all discrimination –Resonable accomodation –Specific measures needed  discrimination UN Convention

Proposal for a Council Directive on Art. 13 THE directive for combating discrimination. Art. 13 Anti discrimination directive

Concept Direct discrimnation Indirect discrimination Harassment = discrimination Denial of reasonable accomodation = discrimination Art. 13 Anti discrimination directive

SCOPE Outside the field of employment Social protection Social advantages Education Access to goods & services, SGI, … Art. 13 Anti discrimination directive

Art. 4 Equal treatment of persons with disabilities Effective non – discrimination access: anticipatory Reasonable accomodation Art. 13 Member states shall communicate with the European Commission…every 5 years on the application Art. 12 Duty to establish an eqaul treatment body. Art. 13 Anti discrimination directive

Missing Special education needs, mainstream education Multiple discrimination Discrimination by association Universal design concept … for all goods & services Right to social support services Art. 13 Anti discrimination directive

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