The evolving European
Disability Policy Context
Inmaculada Placencia Porrero
Deputy Head of nit
European Commission - DG Justice
Unit D3 – Rights of Persons with Disabilities
EU disability policy
1996 A New European Community Disability Strategy
2003 European Year of People with Disabilities
Long-term follow-up European Disability Action Plan
2003 - 2010
European Disability Strategy 2010-2020
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 55-64 report a disability
44 % people aged 65-74 report a disability
60 % people aged 75-84 report a disability
70 % people aged 85+ report a disability
People with 25-64 years -> 55% (2008) and 51%
(2030) of EU population
People with 65-79 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
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 20-64 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 %
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
Tools available to the EU
Legislation
Policy-making
Financial
Instruments
EU Competences
Supporting &
Coordinating &
Supplemeting
Exclusive
customs union
competition
single currency
...*
Shared
Culture, Employment
Education, Vocational Training,
Youth and Sport
...*
Single market
Social Affairs
Transport
Consumer protection
...*
*not
exhaustive
LEGAL BASIS
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. 90-100 TFEU)
State Aid (107-109 TFEU)
Employment (145-150 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)
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.
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
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
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.
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
Main areas for EU action
1. Accessibility of goods and services
2. Participation as equal citizens in Europe and quality community-based
services
3. Equality and combating discrimination
4. Employment in the open labour market
5. Inclusive education and training
6. Social protection to combat poverty and social exclusion
7. Equal access to health services and related facilities
8. EU External action (enlargement, neighbourhood and international
development programmes)
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
The Disability Strategy and Structural Funds
Key actions for 2010-2015
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
The Disability Strategy and Structural Funds
Key actions for 2010-2015
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 nondiscriminatory way
Update of toolkit on non-discrimination and accessibility in the structural funds
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
2. Participation
(list of actions)
1. To Enhance Member States' efforts towards
the transition from institutional to communitybased 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
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
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
Some actions
EU
Disability Action Plan - 2nd Phase 2006-2007: 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 Communitybased 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”
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
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.
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 cofinanced by the Funds and to be taken
into account during the various stages of
implementation.
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
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)
Support investments for:
ERDF: SOCIAL INFRASTRUCTURE
Renovating
existing old
institutions
Building new
institutions
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…)
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
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
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.
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.
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 2014-2020 and establish a framework
for dialogue.
-education and employment of persons with disability
-accessibility
-transition to community based services
-training of professionals
….
http://ec.europa.eu/regional_policy/what/future/index_en.cfm
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
Useful web links
European Disability Strategy 20102020http://ec.europa.eu/social/main.jsp?langId=en&catId=429&newsId=933&furtherNews=yes
Initial plan to implement the Strategy: List of Actions 2010-2015
http://eurlex.europa.eu/LexUriServ/LexUriServ.do?uri=CELEX:52010SC1324:EN:NOT
COUNCIL DECISION (2010/48/EC) of 26 November 2009 / Conclusion by the European Community of
the UN CRPD
http://eur-lex.europa.eu/LexUriServ/LexUriServ.do?uri=OJ:L:2010:023:0035:0061:EN:PDF
United Nations Convention on the Rights of Persons with Disabilities http://www.un.org/disabilities/
Academic Network of European Disability Experts (ANED) http://www.disability-europe.net/
Toolkit (2009) http://ec.europa.eu/social/BlobServlet?docId=2740&langId=en
Report of the Ad Hoc Expert Group on the Transition from Institutional
to Community-based Care (2009) http://ec.europa.eu/social/BlobServlet?docId=3992&langId=en
Supported Employment for people with disabilities in the EU and EFTA-EEA (COWI Study Report)
http://ec.europa.eu/justice/discrimination/files/cowi.final_study_report_may_2011_final_en.pdf