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<p align="justify"><b>Doc. 9936</b></p>

<p align="justify">27 September 2003</p>

<p><b>Towards full social inclusion of people with disabilities<br>
Recommendation 1592 (2003)</b></p>

<p align="justify">Reply from the Committee of Ministers</p>

<p align="justify">adopted at the 853<sup>rd</sup> meeting of the Ministers&#8217; Deputies (24 September 2003)</p>

<p align="justify">1.&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; The Committee of Ministers welcomes Parliamentary Assembly<a href="/ASP/Doc/RefRedirectEN.asp?Doc= Recommendation 1592"> Recommendation 1592</a> (2003) &#8220;Towards full social inclusion of persons with disabilities&#8221;. It has brought it to the attention of member States. At the same time it has communicated it to the European Committee for Social Cohesion (CDCS), the Council of Europe Development Bank, to the Committee of Senior Officials entrusted with preparations for the second European Conference of Ministers responsible for integration policies for people with disabilities, for information and to the <b>Committee on the Rehabilitation and Integration of People with Disabilities</b> (Partial Agreement) (CD-P-RR) for this committee <b>to take it into account in its future activities.</b></p>

<p align="justify">2.&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; The Committee of Ministers refers the Assembly to the Declaration on People with disabilities &#8220;Progressing towards full participation as citizens&#8221; adopted at the second European conference of Ministers responsible for integration policies for people with disabilities (Malaga, 7 &#8211; 8 May 2003) entitled &#8220;improving the quality of life of people with disabilities: enhancing a coherent policy for and through participation&#8221;. <b>The Committee of Ministers reaffirms its commitment to the fundamental principles underlying that declaration and will give appropriate follow up to the recommendations</b> (paragraphs 48 to 50) contained therein. </p>

<p align="justify">3.&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; At the Committee of Ministers&#8217; request, the CD-P-RR has submitted comments on the specific measures advocated by the Assembly, which may be consulted in the appendix to this reply. For the main, the Committee of Ministers <b>shares the views expressed by the CD-P-RR</b> and limits its observations to areas calling for further comment:</p>

<p align="justify">- with regard to paragraph 11i, it is pleased to note that almost 300 participants from 39 Council of Europe member and observer states participated in the Ministerial Conference;</p>

<p align="justify">- with regard to paragraph 11ii, it notes the Assembly&#8217;s recommendation that the Committee of Ministers invites all member states to report regularly on progress made in the implementation of its Recommendation No. R (92) 6 on a coherent policy for people with disabilities;</p>

<p align="justify">- with regard to paragraph 11iii, the CD-P-RR refers to the initiative of the Secretary General to extend the activities of the Partial Agreement in the Social and Public Health Field, which currently has 18 member states and 8 observers, to all Council of Europe members States. The Committee of Ministers will consider this proposition in due course in light of proposals to be presented by the Secretary General;</p>

<p align="justify">- with regard to paragraph 11iv a. (Article 14 of the European Convention on Human Rights), the Committee of Ministers refers the Assembly to the explanatory report to Protocol No. 12 to the Convention<sup><a href="#P34_3002" name="P34_3003">1</a></sup>;</p>

<p align="justify">- with regard to paragraph 11iv i. (in-house code of good practice), the Committee of Ministers encourages the Secretary General to study the possible ways and means of elaborating an in-house code of good practice based on the recommendations of the Assembly.</p>

<p align="justify"><i>Appendix 1 </i></p>

<p align="justify"><b>Opinion of the Committee on the Rehabilitation and Integration of people with disabilities (Partial agreement) (CD-P-RR) on Parliamentary Assembly Recommendation 1592 (2003) &#8220;Towards full social inclusion of people with disabilities&#8221;</b></p>

<p align="justify">1.&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; Recommendation 1592 (2003) &#8220;Towards full social inclusion of people with disabilities&#8221; was adopted by the Parliamentary Assembly of the Council of Europe on 29 January 2003. It was examined by the Ministers&#8217; Deputies at the 828th meeting (13 February 2003), who decided, on that occasion, to communicate it to the Committee on the Rehabilitation and Integration of People with disabilities (Partial Agreement) (CD-P-RR) for information and comments, and for this committee to take it into account in its future activities. Furthermore, it invited their Rapporteur Group on Social and Health Questions (GR-SOC) to prepare, in the light of the above, a draft reply for adoption at one of their forthcoming meetings. (Decision CM/Del/Dec(2003)828, 3.1.). The Recommendation was circulated to the CD-P-RR on 31 January 2003. At its 8th meeting (Vilnius, 17-18 July 2003) the Bureau of the CD-P-RR adopted the following opinion on behalf of the CD-P-RR.</p>

<p align="justify">2.&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; Having examined Parliamentary Assembly<a href="/ASP/Doc/RefRedirectEN.asp?Doc= Recommendation 1592"> Recommendation 1592</a> (2003) &#8220;Towards full social inclusion of people with disabilities&#8221; the Committee on the Rehabilitation and Integration of People with disabilities (Partial Agreement) (CD-P-RR) wishes to express its great satisfaction with the commitment and determination of the Parliamentary Assembly of the Council of Europe to work towards full social inclusion of people with disabilities in Europe.</p>

<p align="justify">3.&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; The CD-P-RR would like to emphasize that the general philosophy on which the Recommendation is based is very much in keeping with the committee&#8217;s own approach towards social cohesion, namely to promote equal opportunities, independent living, full citizenship and active participation of people with disabilities in the life of the community.</p>

<p align="justify">4.&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; The Committee takes the view that the Recommendation contains several practical proposals for improving the situation of people with disabilities in Europe and for strengthening its own work within the Council of Europe and beyond. Consequently, it supports the proposed measures. </p>

<p align="justify">5.&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; Grateful for the Parliamentary Assembly&#8217;s invitation to all member states to participate in the Second European Conference of Ministers responsible for the Integration Policies for People with Disabilities, Malaga, Spain, 7-8 May 2003 (Rec 1592 (2003) paragraph 11.i.), the CD-P-RR is pleased to state the high political importance member states attached to that Ministerial Conference, which was attended by almost 300 participants from 39 Council of Europe members and observers.<sup><a href="#P52_7202" name="P52_7203">2</a></sup> Speakers included the Secretary General of the Council of Europe, the President of the Parliamentary Assembly, the Chairperson of GR-SOC, the Vice-President of the Congress of Local and Regional Authorities of Europe (CLRAE), the Chairman of the Governing Board of the Council of Europe Development Bank, the Deputy Secretary General of OECD, and various Ministers of Council of Europe member states.</p>

<p align="justify">6. &nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; As to the monitoring of the implementation of Recommendation No. R (92) 6 of the Committee of Ministers to member states on a coherent policy for people with disabilities (Rec 1592 (2003) paragraph&nbsp;11.ii.), the CD-P-RR wishes to stress that a reporting system provides periodic stocktaking on national legislation and policy for the rehabilitation and integration of people with disabilities, enabling the identification of achievements and of areas where progress is yet to be made. The 7th edition of that report, published in 2003, contains contributions from 16 member states.<sup><a href="#P55_8646" name="P55_8647">3</a></sup> The CD-P-RR cannot but endorse the Parliamentary Assembly&#8217;s call for more Council of Europe member states to participate in that stocktaking exercise.<br>
</p>

<p align="justify">7.&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; With reference to the membership of the Partial Agreement in the Social and Public Health Field (Rec 1592 (2003) paragraph 11.iii.), the CD-P-RR points out that the Partial Agreement was founded in 1959 by 7 members.<sup><a href="#P57_9194" name="P57_9195">4</a></sup> In the 1990s the Secretariat mounted an ambitious programme to enlarge membership of the Partial Agreement, which eventually led to the Revision of that Partial Agreement in 1996, and a membership of 15 states. Today, it has 18 member states <sup><a href="#P58_9637" name="P58_9638">5</a></sup>, and 8 countries participate in the activities of the CD-P-RR as observers. <sup><a href="#P59_9932" name="P59_9933">6</a></sup> The Committee thanks the Parliamentary Assembly for its support in this area and welcomes its parallel efforts to increase membership. It cannot but subscribe to the Parliamentary Assembly&#8217;s call for accession to that Partial Agreement and for full participation in its activities. <br>
<br>
8. &nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; In the Malaga Ministerial Declaration on People with disabilities &#8220;Progressing towards full participation as citizens&#8221;, adopted at the conference, Ministers recommend &#8220;that the Committee of Ministers of the Council of Europe continues to promote policies aimed at ensuring full citizenship and active participation of people with disabilities, with the full participation of all member states, and to strengthen the role of the Council of Europe as a platform for international co-operation in the field of disability policy-making by inviting the Committee on the Rehabilitation and Integration of People with disabilities and other relevant Council of Europe committees to further mainstream disability policies within their area of competence&#8221;.<sup><a href="#P60_11052" name="P60_11053">7</a></sup><br>
</p>

<p align="justify">9. &nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; In that context, the CD-P-RR wishes to draw attention to the initiative launched by the Secretary General of the Council of Europe at the Second European Conference of Ministers responsible for the Integration Policies for People with Disabilities, Malaga, Spain, 7-8 May 2003, where he said: &#8220;Within a three-year period, in which the Partial Agreement remains intact, I would like to extend its activities to all Council of Europe member states. I do hope that this extension will start in 2004 with the disability sector, gradually transforming the multidisciplinary Partial Agreement Committee CD-P-RR into a fully-fledged Council of Europe Steering Committee, directly responsible to the Committee of Ministers.&#8221;  The CD-P-RR is pleased to note that it would thus continue to be answerable to the Committee of Ministers.</p>

<p align="justify">10. &nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; The CD-P-RR welcomes such a timely initiative, launched in the year of the Second Council of Europe Ministerial Conference on Disability, and in the European Year of People with Disabilities, as proclaimed by the European Union, thus adding to it a pan-European dimension by gradually enabling all Council of Europe member states to benefit from the achievements and multi-disciplinary expertise of the CD-P-RR.<br>
</p>

<p align="justify">11. &nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; Concerning the lack of an explicit reference to the prohibition of discrimination on the grounds of disability in Council of Europe legal instruments such as the European Convention on Human Rights, Article&nbsp;14, and the Revised European Social Charter, Part V Article E (Rec 1592 (2003) paragraph 11.iv.a.), the CD-P-RR recalls its opinion on the European Convention on Human Rights, as adopted at its 23rd session, Tomar, 13-16 June 2000, (doc. ref. CD-P-RR (2000) 3 final, Appendix C), appended to the present text (Appendix 2). Concerning access to social rights for people with disabilities, the CD-P-RR would like to draw the attention to the fact that the issue is currently being studied with the help of a consultant. The results are foreseen to be available at the end of the year.</p>

<p align="justify">12. &nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; The CD-P-RR welcomes the Parliamentary Assembly&#8217;s initiative to improve the vocational training and increase the employment level of people with disabilities (Rec 1592 (2003) paragraph 11.iv.c. and e.).  The Committee wishes to point out that its publication &#8220;Vocational training and rehabilitation of people with disabilities:  a comparative analysis&#8221; (1997)<sup><a href="#P69_13594" name="P69_13595">8</a></sup> gives an overview of the systems currently in operation in member states.  The report &#8220;Employment strategies to promote equal opportunities for persons with disabilities on the labour market&#8221; (2000)<sup><a href="#P70_13969" name="P70_13970">9</a></sup> clearly shows that quota systems are one, but neither the only, nor necessarily always the best, way to increase the employment level of people with disabilities.  Both quota and other systems are applied in Council of Europe member states with varying degrees of success.  Consequently, more efforts and new approaches are needed to improve the vocational integration of people with disabilities, as highlighted in the above-mentioned report.</p>

<p align="justify">13. &nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; However, the CD-P-RR is rather sceptical towards the usefulness of reserving or earmarking certain posts for people with disabilities. Its philosophy has rather been the opposite:  all jobs should in principle be open to people with disabilities, no &#8216;special&#8217; jobs should be particularly reserved for them, and people with disabilities in earmarked posts should be enabled and encouraged to leave them and take up jobs in the ordinary work environment.<sup><a href="#P73_15057" name="P73_15058">10</a></sup>  For people with disabilities, one main obstacle to employment is the vocational assessment.  As long as it still concentrates on deficiencies and weak points it will lead to exclusion.  But since performing a task of a particular job may require only a limited number of abilities, there is no justification for putting at a disadvantage people whose disabilities would have no effect on their performance in that job.  Resolution AP (95) 3 on a charter on the vocational assessment of people with disabilities (1995) calls for a shift in focus: from <u>dis</u>ability to <u>a</u>bility.  The person&#8217;s vocational abilities, and not disabilities, should be assessed and related to specific job requirements.  Comparison and matching of vocational aptitudes and specific job requirements should facilitate employment.</p>

<p align="justify">14. &nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;  With a view to the European Action Plan on disability as follow-up to the Second European Conference of Ministers responsible for the Integration Policies for People with Disabilities, Malaga, Spain, 7-8 May 2003 (Rec 1592 (2003) paragraph 11.iv.d.), the CD-P-RR states that in the Malaga Ministerial Declaration on People with disabilities &#8220;Progressing towards full participation as citizens&#8221;, adopted at the conference, Ministers recommend &#8220;the elaboration  [&#8230;] of a Council of Europe Action Plan for people with disabilities: a new European policy framework for the next decade, based on human rights and partnership between different actors, setting up strategic objectives and priority issues in order to achieve full citizenship and active participation of people with disabilities in the life of the community, through workable, affordable and sustainable policies&#8221;.<sup><a href="#P76_16879" name="P76_16880">11</a></sup>  The CD-P-RR will discuss at its next meeting (26th session, Strasbourg, 7-10&nbsp;October 2003) ways and means of drafting that Action Plan, including the establishment of clear aims, guiding principles, definite time frames, reasonable targets, resources and methods to be used.  It will also seek the view of member states which have yet participated in its activities, and of international non-governmental organisations of and for people with disabilities.<br>
</p>

<p align="justify">15. &nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; People with disabilities and organisations representing them should participate in that process as early as possible (Rec 1592 (2003) paragraph 11.iv.g.).  The CD-P-RR wishes to point out that the First Ministerial Conference on Disability (Paris, 1991) was attended by representatives of 6 disability NGOs, while 20 international NGOs of and for people with disabilities were invited to attend the Second Ministerial Conference (Malaga, 2003). In Malaga, European Disability NGOs presented Ministers with an NGO Declaration &#8220;From Words to Deeds&#8221;.  In the Malaga Ministerial Declaration on People with disabilities &#8220;Progressing towards full participation as citizens&#8221;, adopted at the Conference, Ministers undertook, at national level, &#8220;to involve people with disabilities in decisions affecting them personally, and organisations of people with disabilities in policy making, paying special attention to people with multiple disabilities or complex disorders and those who are unable to represent themselves&#8221;<sup><a href="#P78_18495" name="P78_18496">12</a></sup>. Furthermore, they invited &#8220;all Council of Europe member and observer states and representatives from European non-governmental organisations to participate in the activities and work of the Council relating to the enhancing of a coherent policy for and through full participation of people with disabilities&#8221;.<sup><a href="#P79_18832" name="P79_18833">13</a></sup>  In that context, the CD-P-RR recalls that since 1997, all its subordinate bodies have regularly consulted NGOs of and for people with disabilities, either by way of written consultation procedures or by inviting them to attend hearings.  The Committee of experts on the impact of new technologies on the quality of life of people with disabilities (P-RR-NTH) has given permanent observer status to the European Disability Forum (EDF). The CD-P-RR will discuss at its next meeting (26th&nbsp;session, Strasbourg, 7-10 October 2003) how to further involve European disability NGOs in its work.</p>

<p align="justify">16. &nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; Regarding the possible introduction of a quality seal (Rec 1592 (2003) paragraph 11.iv.f.), the Committee would like to state that in March 2003 the Secretary to the Committee on the Rehabilitation and Integration of People with disabilities (Partial Agreement) (CD-P-RR) took a seat in the Awarding Committee of the European Quality in Rehabilitation Mark (EQRM), managed by the European Platform for Rehabilitation&nbsp;(EPR).  The EQRM aims to certify European providers of goods and services to people with disabilities that meet given quality control requirements.</p>

<p align="justify">17.&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; The CD-P-RR welcomes the Parliamentary Assembly&#8217;s call for the establishment of a Council of Europe in-house code of good practice (Rec 1592 (2003) paragraph 11.iv.i.).  Concerning the accessibility of Council of Europe buildings, it wishes to recall that the concept of universal design as included in Resolution ResAP (2001) 1 on the introduction of the principles of universal design into the curricula of all occupations working on the built environment, adopted by the Committee of Ministers on 15 February 2001, goes beyond the notion of mere accessibility, since it defined &#8220;Universal Design&#8221; as &#8220;a strategy, which aims to make the design and composition of different environments and products accessible and understandable, as well as usable by everyone, to the greatest extent in the most independent and natural manner possible, without the need for adaptation or specialised design solutions.&#8221;  Furthermore, the CD-P-RR wishes to recall that at its 25th&nbsp;session, Dublin, 10 &#8211; 12 June 2002, it had adopted a motion on Council of Europe buildings (appended to the present text) (Appendix 3).  As regards the web sites of the Council of Europe, the CD-P-RR would like to stress that Resolution ResAP (2001) 3 &#8220;Towards full citizenship of persons with disabilities through inclusive new technologies&#8221;, adopted by the Committee of Ministers on 24 October 2001, includes recommendations to make web sites fully accessible to people with disabilities by implementing the guidelines of the Web Accessibility Initiative (WAI) of the World Wide Web Consortium (W3C).<br>
 </p>

<p align="justify">18. &nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; With reference to the Council of Europe Development Bank (Rec 1592 (2003) paragraph 11.v.), the CD-P-RR notes with satisfaction that a number of loans have already been given to fund disability-related projects, for example in Bosnia and Herzegovina, Germany, and Lithuania, that in the European Year of People with Disabilities projects have been approved in Italy, Slovakia and Spain, and that future projects are currently being discussed, for example in Bulgaria and Slovenia.  The Committee offers its expertise in the assessment and management of those projects. Furthermore, it welcomed the speech given by Professor GÜVENEN, Chairman of the Governing Board of the Council of Europe Development Bank, at the Second European Conference of Ministers responsible for the Integration Policies for People with Disabilities, Malaga, Spain, 7-8 May 2003, where he said: &#8220;In almost every field of action the Bank can increase its financing of projects specifically related to persons with disabilities&#8221;.<br>
</p>

<p align="justify">19. &nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; The CD-P-RR welcomes the Assembly's recommendations concerning the strengthening of the disabilities policies within the Council of Europe but stresses the need for an appropriate review of the financial and staffing resources that would need to be available to manage the increasing workload due to the expansion of disability activities to more member states.</p>

<p align="justify">20. &nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; In conclusion, and without prejudice to the foregoing comments, the CD-P-RR welcomes the Parliamentary Assembly Recommendation as a further substantial step in securing human rights and dignity, full citizenship and active participation in the life of the community for all people with disabilities.</p>

<p align="justify"><i>Appendix 2 </i></p>

<p align="justify"><b>CD-P-RR&#8217;s opinion to the Committee of Ministers on Draft Protocol N°12 to the European Convention on Human Rights (CD-P-RR (2000) 3 final, Appendix C)</b></p>

<p align="justify">The Committee on the Rehabilitation and Integration of People with disabilities (CD-P-RR) welcomes the forthcoming broadening of the scope of Article 14 of the European Convention on Human Rights (ECHR), by virtue of which the principle of &#8220;NON-DISCRIMINATION&#8221; in the enjoyment of rights will no longer be limited to the &#8220;rights and freedoms set forth&#8221; in the ECHR, but will encompass &#8220;any right set forth by law&#8221; (see Article 1 of the draft Protocol); &#8220;the word &#8220;law&#8221; may also cover international law&#8221; (see paragraph 29 of the draft explanatory report).</p>

<p align="justify">Indeed, the action carried out by the CD-P-RR to enhance full citizenship of persons with disabilities is deeply rooted in the philosophy underlying Human Rights protection and promotion and the respect of human dignity, and is closely linked to the GENUINE enjoyment of fundamental human rights.</p>

<p align="justify">The CD-P-RR is of the opinion that the principle of banning discrimination on the ground of disability should be enshrined explicitly by the new Protocol to the ECHR. It thus expressed the wish that DISABILITY be included in the list of grounds which shall not give rise to discrimination (Article 1 of the draft).</p>

<p align="justify">Whilst being aware of the fact that this list &#8211; which is the same as that appearing in Article 14 of the ECHR &#8211; is not exhaustive, the CD-P-RR believes &#8211; as does the Assembly in its<a href="/ASP/Doc/RefRedirectEN.asp?Doc= Opinion No. 216"> Opinion No. 216</a> of 26 January 2000 &#8211; that &#8220;the enumeration of grounds in Article 14 is&#8230;. meant to list forms of discrimination&#8221; regarded &#8220;as being especially odious&#8221;.</p>

<p align="justify">It is true &#8211; as recalled in the draft explanatory report, paragraph 20 &#8211; &#8220;that the European Court of Human Rights has already applied Article 14 in relation to discrimination grounds not explicitly mentioned in that provision&#8221;. This has, however, not always occurred, as shown by the Judgment in the Case Botta v. Italy of 24&nbsp;February 1998 (153/1996/772/973).<br>
</p>

<p align="justify">In view of the above, the CD-P-RR pleads in favour of the inclusion of a reference to DISABILITY in Article 1 of draft Protocol No. 12 to the European Convention on Human Rights.</p>

<p align="justify"><i>Appendix 3 </i></p>

<p align="justify"><b>Motion on Council of Europe buildings</b></p>

<p align="justify"><b>I.&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; The Committee on the Rehabilitation and Integration of People with disabilities <br>
(CD-P-RR) noted:</b></p>

<p align="justify">1. &nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; with interest that the Committee of Ministers of the Council of Europe decided to initiate proceedings for the construction of two new buildings for the Organisation, to be erected near the Human Rights Building, which will make it possible to meet the Council&#8217;s expanding accommodation needs and to replace provisional offices that have stood for more than ten years;</p>

<p align="justify">2. &nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; with appreciation that the City of Strasbourg provided the site for the new buildings as a proof of the urban authorities&#8217; commitment to the development of the Council of Europe and to the European vocation and dimension of the city;</p>

<p align="justify">3. &nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; with interest that two international architectural design competitions had been launched, one for a new &#8220;general office building&#8221;, and one for a new building for the &#8220;European Directorate for the Quality of Medicines (EDQM) (&#8220;European Pharmacopoeia&#8221;);</p>

<p align="justify">4. &nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; with interest that the competition will take place in two phases: 1. Applications and pre-selection, and 2. Project outline design and model (i.e. the project competition proper);</p>

<p align="justify">5. &nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; with interest that the &#8220;Jury&#8221; of Phase 2 will consist of inter alia &#8220;two independent European personalities specialised in Architecture or Building Engineering&#8221; (Competition regulations, chapter 7);<br>
</p>

<p align="justify">6. &nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; with great interest that &#8220;All the persons or corporate bodies forming the project design team must be qualified in their own country for architectural and/or engineering work in the specialities for which they are responsible in the team.&#8221; (Competition regulations, chapter 2.1.);</p>

<p align="justify">7. &nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; with great interest that the weighted pre-selection criteria include the construction experience of the representative and the members of the team, as well as the references of laboratory and/or office building projects comparable in size and complexity to the project of the competition;</p>

<p align="justify">8. &nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; with satisfaction that the Council of Europe attaches great importance to the references proposed in terms of environmental sustainability (Competition regulations, chapter 3.2.7.), and that judging criteria include the architectural as well as the overall functional quality of the project (e.g. control over access, and management of the various in- and out-flows of vehicles, deliveries and pedestrians) (Competition regulations, chapter 4.2.);</p>

<p align="justify">9. &nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; that the Council of Europe &#8220;had chosen to apply to this project the French regulations and standards concerning access for persons with reduced mobility&#8221; (Competition regulations, chapter 10).</p>

<p align="justify"><b>II. &nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; Mindful of the above observations, the Committee on the Rehabilitation and Integration of People with disabilities (CD-P-RR) wishes to:</b></p>

<p align="justify">10. &nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; recall that on 15 February 2001, the Committee of Ministers had adopted Resolution ResAP (2001)1 on the introduction of the principles of universal design into the curricula of all occupations working on the built environment (&#8220;Tomar Resolution&#8221;); </p>

<p align="justify">11. &nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; stress that the concept of universal design/design for all extends beyond the issue of mere accessibility to people mobility impairments, since it aims to make the built environment equally accessible, usable and understandable to everyone, at little or no extra cost, by accommodating the needs of people of all ages, sizes and abilities, including the changes that people experience over their lifespan; </p>

<p align="justify">12. &nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; draw attention to the particular relevance of Resolution ResAP (2001)1 in relation to the competition regulations&#8217; qualification requirements mentioned in paragraph 6;<br>
</p>

<p align="justify">13. &nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; recall that Resolution ResAP (2001)1 recommends, inter alia, the participation of users across the age span, including people with disabilities, in the design stage as early as possible, which could be achieved on a consultation basis or through hearings;</p>

<p align="justify">14. &nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; draw attention to its earlier work in this field, such as publication &#8220;Accessibility: Principles and Guidelines&#8221;, Council of Europe Press, Strasbourg 1993, and the Resolution &#8220;Adaptation of housing and surrounding areas to the need of disabled persons&#8221;, adopted by the Committee of Ministers of the Council of Europe in November 1977, as well as the Report thereto, published in January 1979 (P-SG (79) 4);</p>

<p align="justify">15. &nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; also draw attention to the &#8220;European Concept for Accessibility&#8221; (1996), elaborated by the former Central Coordinating Commission for the Promotion of Accessibility (CCPT);</p>

<p align="justify">16. &nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; propose the candidature of Mr Joe MANSER, Director of the Swiss Centre of Building for the Handicapped, as regards the independent European personalities specialised in Architecture or Building Engineering, participating in the Jury, as mentioned in paragraph 5;</p>

<p align="justify">17. &nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; stress its willingness to offer its expertise in the field, when requested;</p>

<p align="justify"><b>III. &nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; In conclusion, the Committee on the Rehabilitation and Integration of people with disabilities (CD-P-RR) would like to:</b></p>

<p align="justify">18. &nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; stress that the Council of Europe as an international standard-setting organisation should set European-wide examples of best practice, and provide a model for other public bodies, which may require going beyond minimum requirements set in national or local norms and regulations of construction and urban planning;</p>

<p align="justify">19. &nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; ask the Secretary General of the Council of Europe to assure that standards of universal design and accessibility adopted by the Committee of Ministers, viz. the participation and consultation of users, including people with disabilities, as stated in paragraph 13 above, are fully implemented by architects, engineers, builders, and sub-contractors; </p>

<p align="justify">20. &nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; ask the Secretary General to review in this context also the universal design/design for all and accessibility of existing Council of Europe buildings.</p>
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<p align="justify"><sup><a name="P34_3002" href="#P34_3003">1</a> </sup> In particular paragraph 20 : &#8220;The list of non-discrimination grounds in Article 1 is identical to that in Article 14 of the Convention. This solution was considered preferable over others, such as expressly including certain additional non-discrimination grounds (for example, physical or mental disability, sexual orientation or age), not because of a lack of awareness that such grounds have become particularly important in today&#8217;s societies as compared with the time of drafting of Article 14 of the Convention, but because such an inclusion was considered unnecessary from a legal point of view since the list of non-discrimination grounds is not exhaustive, and because inclusion of any particular additional ground might give rise to unwarranted a contrario interpretations as regards discrimination based on grounds not so included. It is recalled that the European Court of Human Rights has already applied Article 14 in relation to discrimination grounds not explicitly mentioned in that provision (see, for example, as concerns the ground of sexual orientation, the judgment of 21 December 1999 in the case of Salgueiro da Silva Mouta v. Portugal).&#8221;</p>

<p align="justify"><sup><a name="P52_7202" href="#P52_7203">2</a> </sup> Albania, Andorra, Armenia, Austria, Belgium, Bosnia and Herzegovina, Bulgaria, Croatia, Czech Republic, Denmark, Estonia, Finland, France, Germany, Greece, Holy See, Hungary, Ireland, Italy, Latvia, Lithuania, Luxembourg, Malta, Mexico, the Netherlands, Norway, Poland, Portugal, Romania, Russia, Serbia and Montenegro, Slovakia, Slovenia, Spain, Sweden, Switzerland, Ukraine, United Kingdom of Great Britain and Northern Ireland, United States of America.</p>

<p align="justify"><sup><a name="P55_8646" href="#P55_8647">3</a> </sup> Rehabilitation and integration of people with disabilities: policy and legislation, 7<sup>th</sup> edition, Council of Europe Publishing, Strasbourg, 2003, 375 pages, ISBN 92-871-5123-7</p>

<p align="justify"><sup><a name="P57_9194" href="#P57_9195">4</a> </sup> Activities were taken over from the Western European Union (WEU), founded in 1954. In fact, those activities had already been carried out by the Brussels Treaty Organisation (BTO), founded in 1948.</p>

<p align="justify"><sup><a name="P58_9637" href="#P58_9638">5</a> </sup> Austria, Belgium, Cyprus, Denmark, Finland, France, Germany, Ireland, Italy, Luxembourg, the Netherlands, Norway, Portugal, Slovenia, Spain, Sweden, Switzerland, United Kingdom of Great Britain and Northern Ireland.</p>

<p align="justify"><sup><a name="P59_9932" href="#P59_9933">6</a> </sup> Estonia, Hungary, Iceland, Latvia, Lithuania, Poland, Romania, and Canada.</p>

<p align="justify"><sup><a name="P60_11052" href="#P60_11053">7</a> </sup> Malaga Ministerial Declaration on People with disabilities &#8220;Progressing towards full participation as citizens&#8221;, paragraph 48.</p>

<p align="justify"><sup><a name="P69_13594" href="#P69_13595">8</a> </sup> Vocational training and rehabilitation of people with disabilities: a comparative analysis, Council of Europe Publishing, Strasbourg, 1997, 63 pages, ISBNB 92-871-3475-8</p>

<p align="justify"><sup><a name="P70_13969" href="#P70_13970">9</a> </sup> Employment strategies to promote equal opportunities for persons with disabilities on the labour market, Council of Europe Publishing, Strasbourg, 2000, 40 pages, ISBN 92-871-4216-5</p>

<p align="justify"><sup><a name="P73_15057" href="#P73_15058">10</a> </sup> c.f.: The transition from sheltered to ordinary employment, Council of Europe Publishing, Strasbourg, 1996, ISBN 92-871-3177-9</p>

<p align="justify"><sup><a name="P76_16879" href="#P76_16880">11</a> </sup> Malaga Ministerial Declaration on People with disabilities &#8220;Progressing towards full participation as citizens&#8221;, paragraph 49.</p>

<p align="justify"><sup><a name="P78_18495" href="#P78_18496">12</a> </sup> Ibid, paragraph 46.</p>

<p align="justify"><sup><a name="P79_18832" href="#P79_18833">13</a> </sup> Ibid, paragraph 51.</p><!-- TRANSIT - INFOAFTER -->
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