1. 1 Workshop on social inclusion of disabled people Overview legislation 30-31 October 2006 Sofia, Bulgaria Luk Zelderloo EASPD

2. 2 Introduction Source: United Nations Council of Europe European Union Issues tackled: -Human rights- Inclusion -Education- Discrimination -Employment- Equal rights -Full integration of PWD in society

3. 3 Relevant policy documents 3 main documents: UN convention - agreement in Committee (August 2006) - legally binding - follow-up of the UN standard rules Council of Europe Action Plan on Disability - launched in St. Petersburg (September 2006) - concrete follow-up will be organised by a monitoring committee EU Equal Opportunities for PWD: a European action plan

4. 4 Main messages PWD are a person like everybody else with the right to participate in society, contribute to it and enjoy it; A disability is a social construct. The challenge for society is to find solutions to bypass it; Shift from a medical (focus on disability) towards a human rights based approach (focus on abilities); Accessibility of society, major lever for participation in society; Availability of support systems and services; facilitates inclusion (if possible in mainstream, if needed specialised); Legal protection against discrimination in al aspects of life

5. 5 Main relevant EC regulations & policy documents Regulation EC/1083/2006 on the Structural Funds; Regulation EC/1081/2006 on the European Social Fund; The Charter of fundamental rights of the EU Nice - 2000 O.J. (C364); Social Policy Chapter of the Treaty establishing the European Community: Art. 136 and 137

6. 6 Regulation EC/1083/2006 on Structural Funds It covers:  European Social Fund (ESF)  European Regional Development Fund (ERDF)  Cohesion Fund

7. 7 EC/1083/2006 It defines:  objectives;  criteria for Member States and regions;  financial resources and criteria for allocation;  method for establishing the Community strategic guidelines and national strategic reference framework;  principles on rules, partnership, programming, evolution, monitoring, management.

8. 8 EC/1083/2006: Objectives Overall objectives:  Strengthen the economic growth and social cohesion;  Sustainable development;  Reducing the economic, social and territorial disparities.

9. 9 EC/1083/2006: Objectives (specific) Specific objectives:  Convergence objective (least developed MS) (ESF-EDRF-Cohesion Fund);  Regional competitiveness and employment objectives (ERDF-ESF);  Territorial cooperation objective (ERDF);

10. 10 EC/1083/2006: funding and geographical eligibility I.Convergence (84.5%)  GDP less than 75% of EU 25 (ESF- ERDF) (NUTS level 2)  Cohesion Fund: gross national income (GNI) per capita less than 90% of EU 25 II. Regional competitiveness and employment (15,95%) others

11. 11 EC/1083/2006: funding and geographical eligibility III. Territorial cooperation (2.52 %)  Cross-border: NUTS level 3/150 km  Transnational cooperation: list per programme IV. Technical assistance (0.25 %)

12. 12 EC/1083/2006: principles I. 4 C’s: Complementarily (subsidiarity) & additionality)  Consistency (community strategic guidelines)  Coordination;  Compliance II. Partnership  GOs & NGOs & social partners... covering preparation, implementation, monitoring and evolution of operational programmes III. Shared management EU/Member states; IV. Gender equality,non-discrimination, accessibility for PWD;

13. 13 EC/1083/2006: implementation Community strategic guidelines National strategic reference framework (1/01/2007 – 31/12/ 2013) Operational programmes Programme management and project selection Strategic follow-up and annual debate

14. 14 EC/1083/2006: Community strategic guidelines 2007- 2013 I.Make Europe and its regions more attractive places to invest ex. – expand and improve transport infrastructure, etc.... I.Improve knowledge and innovation for growth ex. Facilitate innovation and promote entrepreneurship... I.More and better jobs ex. Attract and retain more people in employment, modernise social protection systems, build administrative capacity, increase investment in human capital through better education skills...

15. 15 Regulation EC/1081/2006 on the European Social Fund (ESF) Priorities: I. Adaptability of workers, enterprises and entrepreneurs  LLL  Quality jobs II. Access to employment and inclusion in the labour market  Modernisation of the labour market  Early identification of needs  Gender issues  Increase the participation of migrants

16. 16 Regulation EC/1081/2006 ESF III. Social inclusion of disadvantaged people  Integration and re-integration  Diversity in the workplace  Reforms in training and education  Networking IV. Partnership & stakeholder cooperation V. Investment in human capital VI. Capacity building and public administration

17. 17 Regulation EC/1081/2006 ESF : Special attention paid to:  Governance and partnership;  Gender equality and equal opportunities;  Innovation;  Contribution to European Employment Strategy (EES)

18. 18 The Charter of Fundamental Rights of the EU Nice Treaty - 2000 O.J. (C364); Aim: consolidate fundamental rights applicable at EU level in a single document; -proclaimed by the Nice European Council on 7th December 2000; -based on: a)community treaties, b)international conventions (such as European Convention on Human Rights 1950), 1989 European Social Charter c)Constitutional traditions common to MS, various EP declarations...

19. 19 The Charter of Fundamental Rights - the Constitution integrates the Charter and gives the Union the right to accede to the European Convention on Human Rights (ECHR) covers: It covers:  Civil and political rights, worker’s social rights, data protection, bioethics, the right to good administration, economic rights of all European citizens and persons resident in EU

20. 20 Charter of Fundamental Rights: content 6 sections:  Dignity  Freedoms  Equality  Solidarity  Citizen’s rights  Justice

21. 21 Charter of Fundamental Rights:content I. Dignity: – recognition of human dignity (art. 1), right to life (art. 2), right to the integrity of the person (art. 3)... II. Freedoms: - recognition of the right to liberty and security (art. 6), respect for private and family life (art. 7), right to marry and right to found a family (art. 9), right to education (art. 14), freedom to choose an occupation and right to engage in work (art. 15)...

22. 22 Charter of Fundamental Rights: content III. Equality: - recognition of non-discrimination (art. 21), gender equality (art. 23), recognition of the need of integration of persons with disabilities into society (art. 26)... IV. Solidarity: - right of access to placement services (art. 29), fair and just working conditions (art. 31), the recognition of family and professional life (art. 33), the need to ensure social security and social assistance (art. 34), health care (art. 35)...

23. 23 Charter of Fundamental Rights: content V. Citizen’s rights: - right to vote and to stand as a candidate at municipal elections (art. 40), right to good administration (art. 41), freedom of movement and of residence (art. 45)... VI. Justice: - right to an effective remedy and to a fair trial (art. 47), presumption of innocence (art.48)......and last chapter with general provisions;

24. 24 Art.136 & Art. 137 of the Treaty establishing the European Communities - the Treaty establishing the European Communities – amended by the Treaty of Amsterdam (consolidated Treaty) Developments: -more coordinated approach of social policy; -fight against social exclusion is officially accepted as EU policy area; Content: - the Part III of the Treaty covers community policies; -Title XI covers social policy, education, vocational training and youth; -following the Treaty of Amsterdam, all social policy measures can be adopted on the basis of Part. III, Title XI on Social Policy concerning the social provisions of social policy, education, vocational training and youth -Art. 136 and Art. 137 included in part III, Title XI of the Treaty -Art. 136 to Art. 145: Chapter 1 “Social Provisions”

25. 25 Art. 136: Chapter 1 ‘Social Provisions’ - Aim: fight against social exclusion - sets European labour law within the context of fundamental social rights, making reference to European Social Charter; -development of a social policy which results also from intervention at the Community level (and not only functioning of the common market) -encourages cooperation and coordination between MS, in particular with regards to: a) labour law & working conditions b) vocational training, c) social security...

26. 26 Art. 137: Chapter 1 “Social provisions” -Provides for Community involvement in promoting the social aims outlined in art. 136; -The Council by QM vote ( co-decision) to adopt measures relating to equality between men and women with regard to labour market opportunities and treatment at work; -Explicitly calls for measures to support the battle against social exclusion;

27. 27 Thank you for your attention! EASPD Av. d’Auderghem 63 / Oudergemlaan 63 B – 1040 Brussels Tel +32 2 282 46 10 – Fax +32 2 230 72 33 www.easpd.org - info@easpd.be !