1. The evolving European Disability Policy Context
Inmaculada Placencia Porrero
Deputy Head of nit
European Commission - DG Justice
Unit D3 – Rights of Persons with Disabilities

2. EU disability policy European Disability Strategy 2010-2020
1996 A New European Community Disability Strategy
2003 European Year of People with Disabilities
Long-term follow-up European Disability Action Plan
European Disability Strategy

3. Statistics in Europe
persons 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 disability
44 % people aged report a disability
60 % people aged report a disability
70 % people aged 85+ report a disability
People with years -> 55% (2008) and 51% (2030) of EU population
People with years -> 12,7% (2008) and 16,6% (2030) of EU population
People with 80+ years-> 4,4 (2008) and 6,9(2030) of EU population

4. EUROPE 2020
Full economic and social participation of persons with disabilities is essential for Europe 2020 to succeed in creating smart, sustainable and inclusive growth
Market opportunities
Key Relevant Flagship initiatives:
Innovation Union
Youth on the move
A digital agenda for Europe
An agenda for new skills and jobs
European platform against poverty
Relevant Targets:
75 % of the population aged should be employed
Employment 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 degree
Education gap 19% versus 31%
20 million less people should be at risk of poverty (reduction by 25%)
Poverty risk gap 15 versus 21 %

5. DISABILITY POLICY AT EU LEVEL
Disability policies are mainly
Member States responsibility:
administration, organisation, provision of social care, social services, healthcare, child care
Why a disability policy at EU level?
People with disabilities have similar concerns throughout the EU: same rights, same obstacles, same discriminations
EU policies, instruments and legislation impact in many ways on situation of people with disabilities

6. Tools available to the EU
Legislation
Policy-making
Financial
Instruments

7. Education, Vocational Training,
EU Competences
Supporting &
Coordinating &
Supplemeting
Culture, Employment
Education, Vocational Training,
Youth and Sport
...*
Exclusive
customs union
competition
single currency
...*
Shared
Single market
Social Affairs
Transport
Consumer protection
...*
*not
exhaustive

8. LEGAL BASIS Other legal bases can be relevant, e.g.
TFEU Article 10 and 19: the EU shall aim to combat discrimination
Article 10 => mainstreaming
Article 19 => 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)
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.

9. The Charter of Fundamental Rights of the EU
Article 21: Discrimination (inter alia) on the grounds of disability shall be prohibited
Art. 24 Rights of the child
Art. 25 Rights of the elderly
Art. 26 Integration of persons with disabilities
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.

10. UN Convention on the Rights of Persons with Disabilities
30 March 2007: signature by the European Community and all Member States
28 August 2008: Commission Proposal for conclusion of UN Convention and Optional Protocol
26 November 2009: Council Decision on the conclusion of the Convention by the European Community
2 December 2010: Adoption of the Code of Conduct
23 January 2011: Entry into force of the Convention for the EU

11. UN Convention UNCRPD is an integral part of the EU legal
order: the EU is bound to the extent of its
competences
(as defined in the Treaties and outlined in the secondary acts in the Appendix)
“shape” secondary legislation

12. THE HUMAN RIGHTS APPROACH TO DISABILITY
Persons with disabilities include:
those who have long-term physical, mental, intellectual or sensory impairments
which in interaction with various barriers
may 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 treatment
and 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.

13. European Disability Strategy 2010-2020
Adopted by the Commission on 15 November 2010
Main objectives:
Empower people with disabilities to enjoy their full rights
Create a barrier-free Europe for all
Comply with the international commitments taken by concluding the UN Convention

14. Main areas for EU action
Accessibility of goods and services
Participation as equal citizens in Europe and quality community-based services
Equality and combating discrimination
Employment in the open labour market
Inclusive education and training
Social protection to combat poverty and social exclusion
Equal access to health services and related facilities
EU External action (enlargement, neighbourhood and international development programmes)

15. HOW 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 monitoring
Über den eigenen Tellerrand schauen.
Bsp. Itlaien

16. The Disability Strategy and Structural Funds
Key actions for
Accessibility
Improve application of Article 16 (New article 7) of the Structural funds general regulation to progress on accessibility (and new regulation when adopted)
Participation
Optimise the use of Structural Funds and the Rural Development Fund to support the development of community based services
Identify good practice of the use of Structural Funds and the Rural Development Fund in relation with the principle of independent and community living
Develop 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 deinstitutionalisation
Develop a toolkit for managing authorities on how to use Structural Funds and the Rural Development Fund to support the development of community-based services
Report on Member States' compliance with article 16 of Structural funds general regulation

17. The Disability Strategy and Structural Funds
Key actions for
Employment
Make use of the ESF, in accordance with Guideline 7, to promote labour market integration of people with disabilities and other vulnerable groups
Social Protection
Optimise the use of the European Platform against Poverty and the ESF
Promote the design and implementation of social innovation programmes for persons with disabilities
Reduce social exclusion by targeted support of concrete actions through the ESF under the framework of the European Platform against poverty
Financial support
Promote the design and application of European co-funding instruments under shared management, in particular the Structural Funds in an accessible and non- discriminatory way
Update of toolkit on non-discrimination and accessibility in the structural funds

18. 2. 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 services
2. and raising awareness of the situation of people with disabilities living in residential institutions, in particular children and elderly people

19. 2. 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

20. 2. 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

21. 2. 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

22. Some actions
EU Disability Action Plan - 2nd Phase : thematic priority “promoting independent living for people with disabilities”
2007 Study on the economics of community-based care
compares 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 life
shows 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 Disabilities
2005 conference: “Living together in society”
2009 conference: “Creating Conditions for Independent Living”

23. Accessibility Actions
More accessible infrastructures, goods and services, ICT bring innovation and inclusive growth
Key actions on accessibility in the Disability Strategy:
Study on the cost benefit of accessibility of goods and services
Accessibility Act
Transport regulations for persons with reduced mobility
Digital Agenda
Accessibility standardisation Mandates
European Award for accessible cities
Improve application of Art 16 of structural funds

24. Eurobarometer -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.

25. What we have now: Article 16 and toolkit for using SF for accessibility and non-discrimination
Article 16 Regulation 1083/2006
The 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.

26. The 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 innovation
2. the European Social Fund (ESF) for human resources
Priorities 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

27. The 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 instruments
infrastructures (environment, energy and transport, ICT, social infrastructure which contribute to regional and local development and increasing the quality of life)

28. ERDF: SOCIAL INFRASTRUCTURE
Support investments for:
ERDF: SOCIAL INFRASTRUCTURE
Building 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 institutions
Building new institutions 2 28

29. EU STRUCTURAL FUNDS The European Social Fund (ESF) finances:
Workers and new skills
Businesses undergoing change
Access to employment and social inclusion
Education and training
Women and jobs
Fighting discrimination
Working in partnership
Better public services
Transnational projects and networks
Innovative actions

30. ESF: SOCIAL INCLUSION
Strengthening the institutional and administrative capacity of the Authorities in charge of deinstitutionalisation processes
Training staff with new skills appropriate for community-based care, including re-qualification of staff who previously worked in institutions
Create pathways to (re) integration into employment for persons leaving the institutions
Awareness campaigns to fight discrimination, change attitudes and promote diversity 2 30

31. CSF – Key actions for disabilities (1)
ESF key actions
Support 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 services
Targeted 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 care
Enhanced 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 services
innovative 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

32. CSF – 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.

33. Position 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 ….

34. Common 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

35. Useful web links
European Disability Strategy http://ec.europa.eu/social/main.jsp?langId=en&catId=429&newsId=933&furtherNews=yes
Initial plan to implement the Strategy: List of Actions
COUNCIL DECISION (2010/48/EC) of 26 November 2009 / Conclusion by the European Community of the UN CRPD
United Nations Convention on the Rights of Persons with Disabilities
Academic Network of European Disability Experts (ANED)
Toolkit (2009)
Report of the Ad Hoc Expert Group on the Transition from Institutional
to Community-based Care (2009)
Supported Employment for people with disabilities in the EU and EFTA-EEA (COWI Study Report)