The evolving European Disability Policy Context

Inmaculada Placencia PorreroDeputy Head of nitEuropean Commission - DG JusticeUnit D3 – Rights of Persons with Disabilities

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

EU disability policy

Statistics in Europepersons 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 disability44 % people aged 65-74 report a disability60 % people aged 75-84 report a disability70 % 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 2020Full 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 UnionYouth on the moveA digital agenda for EuropeAn agenda for new skills and jobsEuropean 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

Exclusivecustoms union

competition

single currency

...*Shared

Single market

Social Affairs

Transport

Consumer protection

...*

Supporting &

Coordinating &

SupplemetingCulture, Employment

Education, Vocational Training,

Youth and Sport

...*

*not

exhaustive

LEGAL BASISTFEU 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 EUArticle 21: Discrimination (inter alia) on the grounds

of disability shall be prohibitedArt. 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

"objects" of charity, medical treatment and social protection

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)

"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.

Paradigm shift

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)

ParticipationOptimise 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 ProtectionOptimise 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

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 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

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 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”

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 servicesAccessibility ActTransport regulations for persons with reduced mobilityDigital AgendaAccessibility standardisation MandatesEuropean Award for accessible citiesImprove 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 co-financed 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)

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…)

Support investments for:

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 accessibilityPartnership agreementsEx-ante evaluationsOperational programmesMonitoring and evaluationImplementation reportsCommon strategic frameworkHorizontal principlesConditionalities

Useful web linksEuropean Disability Strategy 2010-2020http://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 Institutionalto 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