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The UN Convention on the Rights of Persons with Disabilities Inmaculada Placencia Porrero UN Convention • To promote protect and ensure the full and equal enjoyment of all human rights and fundamental freedoms by all persons with disabilities • Does not create any new rights! • General Principles • General obligations 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 "subjects" with rights, "objects" of charity, capable of claiming those medical treatment and rights and making decisions social protection for their lives based on their free and informed consent as well as being active members of society. The UN Convention • General Assembly resolution 56/168 - 19 Dec. 2001 • 13 December 2006 Adoption by the General Assembly • 30 March 2007 Signed by the European Community • 3 May 2008 entry into force • Signed by all Member States • Ratified by 18 MS • Commission proposal for Conclusion of the Convention and accession to Optional Protocol – 29 August 2008 • Council Decision concerning conclusion – 26November 2009 – Code of Conduct under negotiation • Enter into Force for the EU 22 January 2011 Council Decision Conclusion UNCRPD 26 November 2009: Council Decision 2010/48/EC concerning the conclusion (formal confirmation), by the European Community*, of the United Nations Convention on the Rights of Persons with Disabilities Article 2 (deposit of instruments of formal confirmation) Article 3 (COM as the focal point) Article 4 (external representation, close cooperation) Articles 3 – 4 (Code of Conduct) Annex I (UNCRPD) Annex II (declaration of competence + appendix) Annex III (reservation) UN Convention • Political and civil rights-> immediate applications • Social, economical and cultural rights -> progressive application • Other obligation and positive measures UN Convention-European context • UNC->Mix agreement • Competences: – Exclusive – Shared – Support • Examples: • Taxation • Single Market • Social policy • Disability policy • Subsidiarity: Article 5 of the Treaty establishing the European Community. Role of the EC • Regional Integration Organization art 44.1 UNC • Double implication of the UNCRPD – Vis a vis MS (declaration of competences) – Community institutions (art 300.7 TEC) • Art 33 organizations at both levels: EC as Regional Integrations organisations + EC Institution: – Focal point – Independent mechanism – Coordination mechanism • Governance (EC Participation to): – Conference of State Parties – Committee on the Rights of Persons with disabilities • Principles ruling mixed agreements duty of close cooperation requirement of unity in the international representation Article 10 TEC ECJ case-law (Opinion 2/91, Opinion 1/94, C-459/03, C-246/07) • Practical cooperation formal arrangements 2nd Conference of State Parties first steps in coordination increased visibility UN Convention implementation • Annual disability Minister meeting • Presidency Conclusions • Annual Disability High level Group report on implementation http://ec.europa.eu/social/BlobServlet?docId=2790&langId=en • Annual Information Note http://ec.europa.eu/social/main.jsp?catId=431&langId=en • Annual Presidency Conference • Annual WorkForum • European Disability Strategy: Present and future LEGAL BASIS TFEU Articles 10 and 19: the EU shall aim to combat discrimination (mainstreaming and 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) CHARTER OF FUNDAMENTAL RIGHTS OF THE EU Article 21: Discrimination on the grounds of disability shall be prohibited Article 26: 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. Operational Guidance on taking account of Fundamental Rights in Commission Impact Assessments, (COM staff working paper SEC(2011) 567 final (6 May 2011) • Art 53 ref relationship between the Charter and international agreements to which the Union or theMember States are party EU Declaration of Competences UNCRPD Accessibility • DG ENTR • (RTTE, Lifts, Busses, Medical products) • DG MOVE • high-speed rail system, inland waterway vessels and passenger ships , motor vehicles and their trailers, and of systems, technical specification of interoperability relating to ‘persons with reduced mobility’ in the trans-European conventional and high-speed rail system , rights of disabled persons and persons with reduced mobility when travelling by air • DG INFSO • regulatory framework for electronic communications networks and services, universal service and users’ rights relating, television broadcasting activities • DG MARKT • 4 PP directives (water, energy, transport and postal services sectors water, energy, transport and telecommunications sectors, public works contracts, public supply contracts and public service contracts, postal services and the improvement of quality of services), information society services, in particular electronic commerce, in the Internal Market harmonisation of certain aspects of copyright and related rights in the information society • DG REGIO • European Regional Development Fund, the European Social Fund and the Cohesion Fund and repealing Regulation • Other relevant EU legal acts relevant and responsible services • DG MOVE • Rights of passengers in bus and coach and by sea and inland waterway • DG INFSO • amending a common regulatory framework for electronic communications networks and services, • DG ENTR • REGULATION (EU) No 305/2011 OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL of 9 March 2011 laying down harmonised conditions for the marketing of construction products and repealing Council Directive 89/106/EEC ICT • Directive 2002/21/EC of the European Parliament and of the Council of 7 March 2002 on a common regulatory framework for electronic communications networks and services (Framework Directive) • Directive 2002/22/EC of the European Parliament and of the Council of 7 March 2002 on universal service and users' rights relating to electronic communications networks and services (Universal Service Directive). • Concerning terminal and television the following apply: • Directive 1999/5/EC of the European Parliament and of the Council of 9 March 1999 on radio equipment and telecommunications terminal equipment and the mutual recognition of their conformity • Directive 2007/65/EC of the European Parliament and of the Council of 11 December 2007 amending Council Directive 89/552/EEC on the coordination of certain provisions laid down by law, regulation or administrative action in Member States concerning the pursuit of television broadcasting activities. • All these Directives have recently been revised reinforcing the accessibility provisions and have been amended by the following 2 new Directives: • DIRECTIVE 2009/140/EC OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL of 25 November 2009 • DIRECTIVE 2009/136/EC OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL of 25 November 2009 UN Convention art 9 • Accessibility to: – the physical environment – Transportation – to information and communications, – including information and communications technologies and systems & internet – other facilities and services open or provided to the public, both in urban and in rural areas • To develop, promulgate and monitor the implementation of minimum standards and guidelines for the accessibility of facilities and services open or provided to the public; • private entities that offer facilities and services which are open or provided to the public • Promote the design, development, production and distribution of accessible information and communications technologies and systems at an early stage, so that these technologies and systems become accessible at minimum cost -> Design for All UN Convention & Standards • General obligations…realisation of Human rights • legislative, administrative measure, policies and programmes; – To undertake or promote research and development of universally designed goods, services, equipment and facilities, as defined in article 2 of the present Convention, which should require the minimum possible adaptation and the least cost to meet the specific needs of a person with disabilities, to promote their availability and use, and to promote universal design in the development of standards and guidelines; Accessibility related standardization work at EU level • Mandate 376: Accessibility requirements for public procurement of products and services in the ICT domain • Mandate 420: Accessibility requirements for public procurement in the Built Environment (including transport infrastructures) • Mandate 473 to include Accessibility following Design For All in relevant standardization activities • Mandate 371 Services (several sectors, including tourism and transport for people with disabilities) European Disability Strategy 2010-2020: a renewed commitment to a barrier-free Europe Adopted on 15 November 2010. Three main documents: • Communication on a European Disability Strategy 2010-2020 • Initial plan to implement the Strategy: List of Actions 2010-2015 • Background Document with facts and figures 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 • External action including EU enlargement, neighbourhood and international development programmes Accessibility at EU level: thematic • Transport – Regulations on Rights of persons with reduced mobility • Ict – eAccessibility Policy – eComm Legislation • Built environment – National and local – Construction Products? • General instruments • Antidiscrimination European Accessibility Act • Problem: – not enough accessible goods and services in the European market; – fragmentation of markets to be removed through harmonisation – barriers for free movement of persons with disabilities • Steps for a European Accessibility Act (September 2012): – EDS 2010-2020 • developing specific standards for particular sectors • improve the proper functioning of the internal market • use legislative and other instruments, such as standardisation • optimise the accessibility of the built environment, transport and ICT • explore the merits of adopting regulatory measures, based on the principles of smarter regulation, to ensure accessibility of products and services, including measures to step up the use of public procurement. UN Convention • Optional protocol – Competence of the Committee of state parties – Submission of communications – Inquiries – Reports • Participation of civil society Article 32 International cooperation • 1. States Parties recognize the importance of international cooperation and its promotion, in support of national efforts for the realization of the purpose and objectives of the present Convention, and will undertake appropriate and effective measures in this regard, between and among States and, as appropriate, in partnership with relevant international and regional organizations and civil society, in particular organizations of persons with disabilities. Such measures could include, inter alia: • (a) Ensuring that international cooperation, including international development programmes, is inclusive of and accessible to persons with disabilities; • (b) Facilitating and supporting capacity-building, including through the exchange and sharing of information, experiences, training programmes and best practices; • (c) Facilitating cooperation in research and access to scientific and technical knowledge; • (d) Providing, as appropriate, technical and economic assistance, including by facilitating access to and sharing of accessible and assistive technologies, and through the transfer of technologies. • 2. The provisions of this article are without prejudice to the obligations of each State Party to fulfil its obligations under the present Convention. UN Convention • Governance: • Committee of State Parties • Committee on the Rights of Persons with disabilities • State Parties and Regional Integrations organisations: – Focal point – Independent mechanism – Coordination mechanism Art 33 • 1 or more focal points ( matters of implementation) • Coordination mechanisms (sectors and levels) • Independent mechanisms (promote, protect and monitor implementation) • Civil society participation monitoring 1991 New elements in the European context • Enlarged EU • UN Convention on the Rights of persons with disabilities • Stronger NGOs • Ageing population Useful web links • European Disability Strategy 2010-2020: http://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=CEL EX:52010SC1324:EN:NOT • United Nations Convention on the Rights of Persons with Disabilities: http://www.un.org/disabilities/
"Europan implementation and monitoring UNCRPD"