Eight Challenges Against The Decline

by Rodolfo Cattani

Europe is re-launching its disability strategy.

In its most difficult time for the European Union since its creation, when the economic crisis and political setback are curbing and risking the reversal of development and the consolidation of the community of states that have with more or less conviction participated in the development of the first transnational entity of the history, the European Commission passed on November 15th of last year its new disability strategy for the period 2010-2020.
The strategy, introduced in Parliament, before the Council and the other institutions of the EU under Communication COM (2010) 636, "European Disability Strategy 2010-2020: A Renewed Commitment to a Barrier-Free Europe" outlines an action framework at the European level which, associated with national measures, intends to respond to the various needs of persons with disabilities.
Remembering that disability strikes about 80 million people in the EU, limiting or preventing their participation to social and economic life because of all sorts of barriers; that the rate of poverty among persons with disabilities is 70% higher than the average; that the ageing of the population entails an increase of the already high disability rate among people over 70, the Commission underlines that there exist tools to defend the rights of persons with disabilities.
The Charter of Fundamental Rights of the European Union sets out under art. 26 that 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, and in art. 21 it sanctions that any discrimination based on disability shall be prohibited.
The Treaty on the Functioning of the European Union sanctions in art. 10 that the Union shall combat discrimination based on disability in defining and implementing its policies and activities, and art. 19 states that the Union may take appropriate action to do so.
The United Nations Convention on the Rights of Persons with Disabilities is the first legally binding instrument relating to human rights that has already been ratified by the European Union and the majority of the Member States. The Convention imposes to the States Parties to defend and safeguard human rights and fundamental freedoms of persons with disabilities.
The strategy, which is a fundamental political instrument for persons with disabilities and their representing organizations, identifies eight main areas of action: accessibility, participation, equality, employment, education and training, social protection, health and external actions. For each area are indicated, in an accompanying document, key actions to be implemented by 2015. The areas of action were defined according to their potential contribution in reaching the strategy's general objectives and those of the UN Convention on the basis of the analysis of results and the impact of the preceding Disability Action Plan 2003-2010, passed on the occasion of the European Year of Persons With Disabilities.
The strategy indicates actions at the community level that have to integrate those at the national level. The Commission intends also to intervene on the situation of persons with disabilities within the framework of the European Disability Strategy 2010-2020, its flagship initiatives and the reintroduction of the unique market.
Actions in the above mentioned contexts require a new commitment of community institutions and all Member States, and they have to be based on effective tools, those being awareness, financial support and statistics and data collection and monitoring. There are also the required mechanisms of the UN Convention to guarantee their punctual implementation.

I) Awareness - The Commission will work to ensure that people with disabilities are aware of their rights, paying special attention to accessibility of materials and information channels. It will promote awareness of ‘design for all’ approaches to products, services and environments. EU action will support and supplement national public awareness campaigns on the capabilities and contributions of people with disabilities; and promote exchange of good practices among Member States, raise society’s awareness of disability issues and foster greater knowledge among people with disabilities of their rights and how to exercise them.

II) The Commission will work to ensure that EU programmes in policy areas relevant to people with disabilities offer funding possibilities, for example in research programmes. The cost of measures to enable people with disabilities to take part in EU programmes should be eligible for reimbursement. EU funding instruments, particularly the Structural Funds, need to be implemented in an accessible and non-discriminatory way. Optimise use of EU funding instruments for accessibility and non-discrimination and increase visibility of disability-relevant funding possibilities in post-2013 programmes.

III) Statistics and data collection and monitoring - The Commission will work to streamline information on disability collected through EU social surveys (EU Statistics on Income and Living Conditions, Labour Force Survey ad hoc module, European Health Interview Survey), develop a specific survey on barriers for social integration of disabled people and present a set of indicators to monitor their situation with reference to key Europe 2020 targets (education, employment and poverty reduction).
Let us now introduce the eight areas of action that sustain the strategy.

1. Accessibility
'Accessibility' is defined as meaning that people with disabilities have access, on an equal basis with others, to the physical environment, transportation, information and communications technologies and systems (ICT), and other facilities and services. There are still major barriers in all of these areas. Accessibility is a precondition for participation in society and in the economy.
The EU still has a long way to go in achieving this. For example, on average in the EU-27, only 5% of public websites comply fully with web accessibility standards, though more are partially accessible. Many television broadcasters still provide few subtitled and audio-described programmes. The Commission proposes to use legislative and other instruments, such as standardisation, to optimise the accessibility of the built environment, transport and ICT in line with the Digital Agenda and Innovation Union flagships.

Based on smarter regulation principles, it will explore the merits of adopting regulatory measures to ensure accessibility of products and services, including measures to step up the use of public procurement (proven to be very effective in the US). It will encourage the incorporation of accessibility and ‘design for all’ in educational curricula and training for relevant professions. It will also foster an EU-wide market for assistive technology.
The Commission will consider whether to propose a ‘European Accessibility Act’ by 2012. This could include developing specific standards for particular sectors to substantially improve the proper functioning of the internal market for accessible products and services.

2. Participation
There are still many obstacles preventing people with disabilities from fully exercising their fundamental rights - including their Union citizenship rights - and limiting their participation in society on an equal basis with others. The Commission will work to: – overcome the obstacles to exercising their rights as individuals, consumers, students, economic and political actors; tackle the problems related to intra-EU mobility and facilitate and promote the use of the European model of disability parking card; – promote the transition from institutional to community-based care by: using Structural Funds and the Rural Development Fund to support the development of community-based services and raising awareness of the situation of people with disabilities living in residential institutions, in particular children and elderly people; – improve the accessibility of sports, leisure, cultural and recreational organisations, activities, events, venues, goods and services including audiovisual ones; promote participation in sports events and the organisation of disability-specific ones; explore ways of facilitating the use of sign language and Braille in dealing with the EU institutions; address accessibility to voting in order to facilitate the exercise of EU citizens' electoral rights; foster the cross-border transfer of copyright works in accessible format; promote use of the scope for exceptions provided by the 2001 Directive 29 on copyright; EU action will support national activities to combat discrimination on the basis of disability.

3. Equality
In order to eliminate discrimination in the European Union based on disability, which over half of all Europeans consider to be widespread, the Commission will promote the equal treatment of people with disabilities through a two-pronged approach. This will involve using existing EU legislation to provide protection from discrimination, and implementing an active policy to combat discrimination and promote equal opportunities in EU policies. The Commission will also ensure that Directive 2000/78/EC banning discrimination in employment is fully implemented; but there is no hint of a proposal of cross-cutting directive on non-discrimination in discussion at the present time. The Commission will promote diversity and combat discrimination through awareness-raising campaigns at EU and national level, and support the work of EU-level NGOs active in the area. EU action will support and supplement national policies and programmes to promote equality, for instance by promoting the conformity of Member State legislation on legal capacity with the UN Convention.

4. Employment
Quality jobs ensure economic independence, foster personal achievement, and offer the best protection against poverty. However, the rate of employment for people with disabilities is only around 50%. To achieve the EU’s growth targets, more people with disabilities need to be in paid employment on the open labour market. The Commission will exploit the full potential of the Europe 2020 Strategy and its Agenda for new skills and jobs by providing Member States with analysis, political guidance, information exchange and other support.
It will improve knowledge of the employment situation of persons with disabilities, identify challenges and propose remedies. It will address intra-job mobility on the open labour market and in sheltered workshops, through information exchange and mutual learning. It will also address the issue of self employment and quality jobs.
EU action will support and supplement national efforts to: analyse the labour market situation of people with disabilities; fight those disability benefit cultures and traps that discourage them from entering the labour market; make workplaces more accessible, etc.

5. Education and training
In the 16-19 age group the rate of non-participation in education is 37 % for considerably restricted people, and 25% for those restricted to some extent, against 17% for those not restricted. Access to mainstream education for children with severe disabilities is difficult and sometimes segregated. People with disabilities, in particular children, need to be integrated appropriately into the general education system and provided with individual support in the best interest of the child.

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