EU 2020 Strategy

• MS competence (But: EU employment rate 75 % by 2020 without joint efforts?)

•  Four priorities – to raise meployment rates

(13 key actions with accompanying and preparatory measures)

• Better functioning labour markets • (Flexicurity policies to modernise labour market)

• More skilled workforce • investment in education and training systems, anticipation of

skills needs•  

‘Agenda for new skills and jobs’ flagship

• Better job quality and working conditions

No trade-off between quality and quantity of employment. Improving quality of work and working conditions.

• Stronger policies to promote job creation and demand for labour

improve job -creating growth

Agenda for new skills and jobs’ flagship

• National Reform Programs

• Indicators fo pwd

• EDS – preparation of disability specific indicator in the EMCO subgroup

• Annual Assessment of Europe 2020 from the aspects of pwd

• LFS 2011 ad hoc module on employment of persons with diability

EU-2020 Strategy

UN Convention on the rights of

persons with disability

UN CRPD• First human rights Convention of the 21st century• Negotiated with active participation from the

international disability community• As of 15 June: 101 ratifications worldwide, including

17 from EU countries (Austria, Belgium, Czech Republic, Denmark, France, Germany, Hungary, Italy, Latvia, Lithuania, Portugal, Romania, Slovakia, Slovenia, Spain, Sweden, United Kingdom)

• Optional Protocol (allowing citizens to complain about their rights violations to a UN Committee) was ratified by all the above EU countries except Czech Republic and Denmark.

UN CRPD and the EU• The EU concluded the Convention (but not yet its Optional

Protocol) on 23 December 2010. • It is responsible for its implementation within the limit of its

competences. The division of competences (based on the TFEU) and responsibilities between the EU and its Member States is outlined in the Code of Conduct. Most issues are shared competence. Council Decision on the conclusion of the Convention helpfully lists the EU legislation that has been adopted on the Convention-related issues before.

• Revise the existing legislation in light of the Convention. The obligation is rather to interpret it in light of the Convention and make all new proposals Convention-proof.

IMPLEMENTATION FRAMEWORK

• Article 33 CRPD governs implementation mechanisms. The following need to be established:– Focal point(s) within the government to lead the

implementation work. – Coordination mechanism to facilitate action in

different sectors/levels (not an obligation under CRPD but needs to be considered)

– Independent monitoring mechanism (for example, a national human rights institution)

IMPLEMENTATION FRAMEWORK• Active involvement of the civil society organizations,

particularly, of the organizations of persons with disabilities, is woven throughout the Convention.

• All States Parties must report on implementation to the UN CRPD Committee in Geneva. The first report is due two years after the ratification; the subsequent reports are due every four years.

• The civil society organizations are encouraged to submit parallel (alternative/shadow) reports to the UN CRPD Committee. It is advisable that only one civil society report be submitted.

• Training for the employers’ organizations on the practical implementation of reasonable accommodation, public aid for RA, tax rebates, etc).

• Dispell the myth about the prohibitive cost of reasonable accommodation.

RECOMMENDATIONS

CONTENT• Move from medical model to social model of disability.

Reaffirmation of the human rights-based approach.

• “The Convention does not create any new rights but only reaffirms and codifies the already existing ones”. Or does it? What about the novel rights such as legal capacity or the right to live in the community?

• General principles include respect for inherent dignity, non-discrimination, participation and inclusion, equality of opportunity, accessibility.

CONTENTGeneral obligations include:• To adopt new measures (law and practice)• To modify/abolish measures inconsistent with CRPD• To mainstream disability• To protect against violation of rights by third (private) parties• To provide accessible information• To progressively realize economic, social and cultural rights• To involve DPOs• NOT to reduce protection if national measures are more

ambitious than the Convention

CRPD - Employment• Article 27 is not revolutionary. Many (most?)

European countries should already have it in their legislation after the adoption of the Council Directive 2000/78/EC of 27 November 2000, establishing a general framework for equal treatment in employment and occupation.

• However, it is widely known that people with disabilities still don’t have access to employment on an equal basis with non-disabled people. See EDF report of 2010.

CRPD - Employment

1. States Parties recognize the right of persons with disabilities to work, on an equal basis with others ; this includes the right to the opportunity to gain a living by work freely chosen or accepted in a labour market and work environment that is open, inclusive and accessible to persons with disabilities. States Parties shall safeguard and promote the realization of the right to work, including for those who acquire a disability during the course of employment, by taking appropriate steps, including through legislation , to, inter alia:

CRPD - Employment• Implementation must be improved. Think of creative

ways to implement it! Article 27 gives some useful tips (paragraphs h) to k) of it)

• h) Promote the employment of persons with disabilities in the private sector through appropriate policies and measures, which may include affirmative action programmes, incentives and other measures ; (What measures could be used? Take advantage of the opportunities provided by the European Social Fund, the General Block Exemption Regulation, EURES, etc.)

CRPD - Employment

• i) Ensure that reasonable accommodation is provided to persons with disabilities in the workplace;

• j) Promote the acquisition by persons with disabilities of work experience in the open labour market;

• k) Promote vocational and professional rehabilitation, job retention and return-to-work programmes for persons with disabilities.

CRPD - Employment

• Article 27 cannot be looked at in a vacuum. Other important articles are Accessibility (9), Community living (19), Education (24)….

Implementation of the EU

Employment Directive

2000-2010

IMPLEMENTATION OF THE EMPLOYMENT DIRECTIVE

Questionnaire launched by EDF to its members(2010)

• Pwds are not aware of their rights;

• Awareness about the Directive is also low among the employers and lawyers;

• Understanding of RA is limited among all involved parties;

• Most DPOs provide advice to victims of discrimination but few have the capacity to give systematic legal advice;

Awareness raising and training

• information campaigns and training targeting persons with disabilities and employers

• to disseminate the message about the right to equality and reasonable accommodation in employment to persons with disabilities in a simple accessible language

• use local disability organizations as a primary contact in case of suspected discrimination, the capacity of such organizations should urgently be reinforced

RECOMMENDATIONS

RECOMMENDATIONS

Legal framework

• activation of the maximum available labour force in Member States - a wise long-term investment

• interrelatedness of discrimination in the labour market with inequalities experienced by pwd - the legislative framework must be reinforced to maximize the protections of the Directive

• EU level:accessibility of goods and services to be better addressed (incentives to the industry to comply with)

• MS level: education, community living, transportation

Defence of rights

• Access to free legal aid

• The associations representing victims of discrimination must be given appropriate legal status allowing them to represent person before tribunals.

• Reinforcement of mandates of equality bodies and ombudspersons.

RECOMMENDATIONS

Civil dialogue

• DPOs- hub of information, important focal point for victims of discrimination.

• No decision to be taken without DPOs active and direct involvement

• Meaningful civil dialogue is impossible without strong well-resourced DPOs. To be seen as an investment into the human and political capital of every Member State.

RECOMMENDATIONS

SOCIAL DIALOGUE

• trade unions and the employers’ associations should not be forgotten

• the Directive in the spirit of common benefit is much more effective

• advertising the benefits of equality to the employers and unions. This is the role for both national governments and the European Commission.

RECOMMENDATIONS

Thank you

for your kind attention!