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Doc. 9632
10 December 2002
Towards full social inclusion of persons with disabilities
Report
Social, Health and Family Affairs Committee
Rapporteur: Mr László Surján, Hungary, Group of the European People’s Party
Summary
The “European Year of People with Disabilities” 2003 represents an opportunity to bring about a real change in attitudes towards people with disabilities and their rights. It is estimated that 80 to 120 million European citizens have a form of disability, thus exceeding the population of almost every European state.
Some of the fundamental rights contained in the European Convention for the Protection of Human Rights and Fundamental Freedoms, its Protocols, and the European Social Charter are still inaccessible to many people with disabilities.
The Assembly considers that guaranteeing access to equal political, social, economic and cultural rights for people with disabilities should be a common political objective for the next decade, and recommends that the Committee of Ministers undertake a number of steps in this regard.
I Draft recommendation
1. It has been estimated that people with disabilities represent 10 to15% of the total population in Europe. In other words, 80 to 120 million European citizens have a form of disability, exceeding the population of almost every European state.
2. Some of the fundamental rights contained in the European Convention for the Protection of Human Rights and Fundamental Freedoms, its Protocols, and the European Social Charter (Revised) are still inaccessible to many people with disabilities: the right to education; the right to work; the right to private and family life; the right to protection of health and social security; the right to protection against poverty and social exclusion; the right to adequate housing, etc.
3. The right to receive support and assistance, although essential to improving the quality of life of people with disabilities, is not enough. Guaranteeing access to equal political, social, economic and cultural rights should be a common political objective for the next decade. Equal status, inclusion, full citizenship, and the right to choose should be further promoted and implemented.
4. The granting of rights, although necessary, is not sufficient. People with disabilities, like all people, require love and affection which is most often best provided by their family. Specific measures and assistance are therefore essential to help families overcome the threat of multiple deprivation and provide a caring home as a much better and more natural alternative to life in large scale institutions.
5. The Assembly notes with satisfaction that in certain member states policies concerning people with disabilities have been gradually evolving over the last decade from an institutional approach, considering people with disabilities as “patients”, to a more holistic approach viewing them as “citizens”, who have a right to individual support and self-determination.
6. The year 2003, declared “European Year of People with Disabilities” by the Council of the European Union, will be an opportunity to induce a real change in attitudes towards people with disabilities and their rights by raising awareness of decision makers, professionals and general public by means of a more active involvement of European organisations, national governments, social partners, mass media, and various non-governmental and advocacy groups across Europe.
7. The Assembly warmly welcomes the “new vision” set out in the Declaration adopted by the participants at the European Congress on Disability in Madrid (March 2002) in preparation for the European Year of People with Disabilities 2003.
8 The Assembly strongly supports the initiative of the Council of Europe and the Spanish Government to hold the Second European Conference of Ministers responsible for integration policies for people with disabilities in Malaga on 7 - 8 May 2003. The Conference will aim to set forth the European disability policy agenda for the next decade by identifying key areas of action where progress is yet to be made.
9. A decade ago, following the First European Conference of Ministers responsible for integration policies for people with disabilities in 1991, the Assembly adopted its Recommendation 1185 (1992) on rehabilitation policies for the disabled and the Committee of Ministers adopted its Recommendation No. R (92) 6 on a coherent policy for people with disabilities. The issues raised and recommendations made remain highly relevant, particularly with a view to taking stock of achievements and identifying remaining obstacles to the social inclusion of people with disabilities in Europe.
10. The enlargement of the Council of Europe and the prospect of the enlargement of the European Union to countries in central and eastern Europe create a favourable political context to advance human rights and social policies, including policies for the inclusion of people with disabilities, through exchange of experience and adoption of normative standards of the Council of Europe and the acquis communautaire of the European Union.
11. The Assembly recommends that, in the course of European Year of People with Disabilities 2003, the Committee of Ministers:
i. invite all member states to participate in the Second European Conference of Ministers responsible for integration policies for people with disabilities (Malaga, 7 - 8 May 2003) and to honour the commitments they undertake there;
ii. invite 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;
iii. invite those member states which are not yet members, to consider acceding to the Council of Europe Partial Agreement in the Social and Public Health Field and fully participate in the activities of the latter;
iv. instruct the relevant bodies of the Council of Europe:
a. to give consideration to including explicit reference to discrimination on the grounds of disability in the two main Council of Europe legal instruments: the European Convention for the Protection of Human Rights and Fundamental Freedoms (article 14); and the European Social Charter (Revised) (Part V, article E);
b. to play an active role in the United Nations initiative to draft proposals for a comprehensive international convention to promote and protect the rights and dignity of persons with disabilities;
c. to adopt an Action Programme for the full social inclusion of people with disabilities in Europe, as a follow-up to the Second European Conference of Ministers responsible for integration policies for people with disabilities;
d. to consider giving non–governmental organisations observer status whith in the Committee on the Rehabilitation and Integration of People with Disabilities (CD-P-RR);
e. to establish an “Inter-Service Group on Disability” (Task Force) to mainstream disability issues in all activities and sectors of its work, and to raise awareness of disability matters throughout the Organisation;
f. to establish an in-house Code of Good Practice to ensure:
i. accessibility of Council of Europe premises;
ii. accessibility of all Council of Europe web sites to people with disabilities, particularly visual impairments and learning disabilities, by applying the guidelines of the Web Accessibility Initiative (WAI);
iii. accessibility of Council of Europe printed material in alternative formats (large print, Braille, audio cassettes);
iv. inclusion of disability requirements in its procurement policy;
v. employment of a higher percentage of people with disabilities;
v. invite the Council of Europe Development Bank to insist on compliance with accessibility requirements when granting construction loans.
II Explanatory memorandum by Mr Surján
1. Disability as a human rights issue
1. It has been estimated1 that people with disabilities represent 10 to15% of the total population in Europe. In other words, 80 to 120 million European citizens have a form of disability, exceeding the population of a large European member state.
2. Whereas the nature of their disability can vary greatly and whereas the concept of disability covers physical, sensorial, intellectual, psychological or multiple impairment; and whereas the barriers vary according to disability, the age and the sex of the individual, many people with disabilities, particularly in some of the countries in Central and Eastern Europe, are still to a large extent:
• Isolated: due to the predominant medical model of disability, which gives a diagnosis of disability without evaluating capacities, thus indirectly precluding integration and social participation;
• Patronised: due to the service structures, especially in former centrally planned regimes, considering impairment to be a call for charity, and resulting in exclusion. Certain organisations representing persons with disabilities, though created for the protection of their rights, confuse rights with protection (charity) and thus also merely perpetuate humanitarian assistance instead of social and economic development;
• Mute: Advocacy, community-based services and normal community participation are still not fully practised by people with disabilities, whose training and upbringing have to a large extent encouraged withdrawal from community life;
3. The value of people with disabilities cannot be measured in terms of efficiency or competitiveness, but as citizens with fundamental human rights. The right of full and equal access to all aspects of life is a human right for people with disabilities as it is for all people. Moreover, human diversity should be cherished as a value in itself, enabling different people with different abilities to contribute to the social and cultural fabric of society.
4. Yet some of the fundamental rights contained in the European Convention for the Protection of Human Rights and Fundamental Freedoms, its Protocols, and the European Social Charter (Revised) are still inaccessible to many people with disabilities: the right to education2; the right to work3; the right to private and family life4; the right to protection of health and social security5; the right to protection against poverty and social exclusion6; the right to adequate housing7, etc.
5. The statistical data show that people with disabilities have unacceptably low levels of education and employment. This also results in greater numbers of people with disabilities living in situations of real poverty and social exclusion.
6. The right to receive support and assistance, though essential to improving the quality of life of people with disabilities, is not enough. Guaranteeing access to equal political, social, economic and cultural rights should be a common political objective for the next decade.
7. The respect of human rights, fundamental freedoms and dignity of people with disabilities is our collective responsibility – of a society as a whole, but also of its each individual member.
2. European Year of People with Disabilities 2003
8. Prejudice of many citizens towards disability is one of the greatest barriers to full integration of people with disabilities in our societies. The discrimination that people with disabilities face is also caused by the fact that they are to a large extent forgotten and ignored. Remaining physical barriers and barriers in attitude prevent people with disabilities from taking part more actively in society.
9. The year 2003, declared “European Year of People with Disabilities” by the Council of the European Union, will provide a timely opportunity to raise awareness of the rights of people with disabilities and to launch concrete initiatives to promote those rights.
10. The Rapporteur welcomes the initiative of the Council of Europe and the Spanish Government to hold the Second European Conference of Ministers responsible for integration policies for people with disabilities in Malaga on 7 - 8 May 2003. The Conference will aim to set forth the European disability policy agenda for the next decade by identifying key areas of action where progress is yet to be made.
3. Recommendation No. R (92) 6 on a coherent policy for people with disabilities8
11. A decade ago, following the First European Conference of Ministers responsible for integration policies for people with disabilities in 1991, the Assembly adopted its Recommendation 1185 (1992) on rehabilitation policies for the disabled (Rapporteurs : Mr Foschi and Mr Schwimmer) and the Committee of Ministers adopted its Recommendation No. R (92) 6 on a coherent policy for people with disabilities. These instruments recommended that the governments of member states develop coherent and global policies to promote the integration of people with disabilities at school, at work, in the community, and, more generally, in society and public life.
12. Recommendation No. R (92) 6 addressed a range of policies, both national and international, and laid down benchmarks designed to meet the needs of people with disabilities through improvements in : medical treatment and rehabilitation; education; vocational guidance and training; employment; social integration; access to the built environment; housing; transport; sport; communication; leisure and cultural activities; and social, economic and legal protection. Moreover, it called for innovative strategies focusing on independent living, full citizenship and active participation of people with disabilities.
13. The issues raised and recommendations made, remain highly relevant, particularly after the enlargement of the Council of Europe to countries in Central and Eastern Europe. The time is now ripe to take stock of achievements and to identify remaining obstacles to the social inclusion of people with disabilities in Europe.
4. Achievements and remaining obstacles to inclusion
14. The Rapporteur would like to thank national authorities and NGOs who replied to a rather comprehensive questionnaire that he addressed to all 44 member states. He has received 45 replies from 33 countries, and additional replies from European NGO umbrella organisations Alzheimer Europe, Euroblind, and Mental Health Europe.
15. As a general remark, it can be said that the situation of people with disabilities varies across Europe depending on the level of awareness amongst decision makers, professionals and the general public, and depending on the level of socio-economic development of a given member state.
16. Member countries9 of the Council of Europe Partial Agreement in the Social and Public Health Field10, have generally responded to the challenges of Recommendation No. R (92) 6 by adopting a two-fold strategy – twinning the traditional welfare approach with non-discrimination measures.
17. There has been a shift from an emphasis on protection and rehabilitation towards a more holistic approach and promotion of active policies, empowering the individual to control his or her own life. In order to achieve equal opportunity for people with disabilities, some countries have included non-discrimination provisions in their constitutions, and others have passed special legislation on this issue. Most countries have however applied a mix of policies consisting of non-discrimination legislation, preferential treatment and compensatory measures.
18. Many institutions in which people with disabilities have traditionally been segregated have been downsized or abolished, reorganised or replaced by services in the local community. A broader range of supportive measures has been put in place with special emphasis on promotion of support structures for independent living.
19. Government agencies, services or other bodies specialised in the integration of people with disabilities have been set up at national, regional and local levels. In many countries, national umbrella organisations of and for people with disabilities have also been established, which has facilitated participation in the political decision making process.
20. However, the situation in certain countries in Central and Eastern Europe is of concern due to increasing poverty and negative social effects of an early transition period to a market economy, which seriously affects more vulnerable parts of society, and people with disabilities and their families in particular.
Large Residential Institutions
21. In many countries of Central and Eastern Europe, people with disabilities - especially with intellectual disabilities – are still confined to the large residential institutions. This situation may be illustrated with two examples:
“There is an enormous difference between legal standards and the real situation in the large residential institutions in Poland, as they generally lack resources to achieve the standards. In some cases, they have hardly the resources to pay for food and to pay the personnel's wages. There are no financial means to renovate and adapt the buildings. Rooms are usually overcrowded, there is no privacy, "residents" lack adequate medical services, individualised rehabilitation programmes, recreation, etc. In the majority of institutions, persons with intellectual disability of different ages and with various levels of disability live together. Some institutions also accept persons with psychiatric illnesses or old persons. Cases of abuse are sometimes reported although they are rarely acknowledged by the authorities. Many residents also lose contacts with their families.”11
Amnesty International12 highlighted the extreme situation of disabled women in the state institution for mentally disabled women in the village of Sanadinovo, Bulgaria:
“Representatives from Amnesty International, the Bulgarian Helsinki Committee and Mental Disability Rights, on a visit to the Sanadinovo Institution, found that the material conditions and the lack of appropriate care amounted to cruel, inhuman and degrading treatment. At the time of the visit most of the women were sitting on the ground in the yard, as there were no chairs or benches. They were wearing dirty, ill-fitting, tattered clothes. Some women with amputated limbs or other physical disabilities apparently had no recourse to any medical or prosthetic devices. The beds of women were heavily soiled. The floors of the rooms were wet and there was an overpowering smell of urine and faeces. Women who “misbehave” are held in a cage made with two brick walls and iron bars and wire on remaining sides. On the day of the visit six women were being held in this three by one and a half meter space. They looked withdrawn and vacant. The cage was full of urine and faeces and the women covered in filth. It was not possible to establish how long anyone would be subjected to this form of seclusion as no records of it appear to be maintained. The Sanadinovo institution, caring for 97 women, is staffed by only four nurses and five orderlies who work in shifts. At night, only one nurse and one orderly are on duty. “
The above situations illustrate serious breaches of the human rights of persons with disabilities living in residential institutions and require urgent consideration by government.
5. Further Action
5.1 Political context
22. The enlargement of the Council of Europe and the prospect of the enlargement of the European Union to countries in Central and Eastern Europe create a favourable political context to advance social policies, including policies for the inclusion of people with disabilities, through exchange of experience and adoption of normative standards of the Council of Europe and the acquis communautaire of the European Union. Opportunities also arise for pilot project funding and exchange of experience between legislators, specialised practitioners, and NGOs.
5.2 Legislative reforms
23. Since transition to a market economy requires fundamental legislative reforms in all countries in Central and Eastern Europe, opportunities arise to make the new legislation more coherent and harmonised across different sectors and to adopt an overall strategy guiding the reform. Framing new laws or amending existing legislation must, however, be preceded by long term and medium term projections and policy guidelines which are socially acceptable and adapted to European standards and to each country's conditions and national particularities.
24. The new regulation needs to determine a clear legal status for persons with disabilities and harmonise the concept of disability across relevant sectors. The following principles should guide the reform: unification of legislation in force (harmonisation, interpretation); modernisation (up-to-date standards, new technologies; legal concepts; etc.); coherence and precision; clearly defined enforcement mechanisms, monitoring and evaluation. The concerned persons and their representatives (associations) should be consulted and their opinions taken into account.
25. Two examples of good practice may be highlighted:
“The Czech Republic mostly does not legislate concerning persons with disability through specific laws dealing exclusively with these problems. The basic equal rights of people with disabilities are guaranteed by the Constitution and Charter of Basic Rights and Freedoms. The Socio-economic transition and reform of the whole legislative system brought the possibility to incorporate most of the issues of disability and specific needs into new laws. No relevant bill or reform of existing laws remained without comments from representatives of people with disabilities and relevant NGOs. Comments were received and processed on more than 1000 draft legislation measures. The comments and suggestions of the staff of the Board for People with Disabilities as well as of the organizations of people with disabilities are defended in the course of adoption of the legislation. Issues which cannot be incorporated in prevailing legislation are solved by the adoption of special laws (e.g. Sign Language Act)”13.
“Hungary has established an advisory body – the Disability Affairs Council - designed to support the Government in the implementation of its tasks. The Council is made up of representatives of different Ministries, organisations representing people with disabilities, NGOs acting in favour of people with disabilities, representatives of sheltered workplaces, and representatives of National associations of local governments. The Council gives opinions on draft bills and offers proposals with regard to the government's decisions, programmes, and regulations. The Council reports on the situation of people with disabilities and is involved in the implementation of the programme”14.
The establishment of national councils to advise the government represents a first step in creating partnership and dialogue, but trust also has to be developed over the long term by respecting and implementing the decisions of the advisory body.
5.3 Implementation and Financing
26. Though fundamental, legal reform is not enough. Many countries have developed progressive legislation in recent years, but lack clear enforcement mechanisms, institutional capacities, and financial support to implement it. Government policies should be run on a programme basis with clear aims, objectives, target results, eligible applicants, monitoring and evaluation components included.
27. While the overall responsibility for promoting and defending the rights of people with disabilities has to remain with the public authorities, the active contribution of all stakeholders is required: employers to make more efforts to employ people with disabilities; trade unions to take people with disabilities better into account; local authorities in view of their increasing responsibilities in this field, NGOs and other stakeholders in the delivery of services, etc.
28. To alleviate budgetary pressures from the state, innovative solutions are needed. Non-recurrent expenditures connected to the implementation of a programme could also be negotiated with public utilities or the private sector. For example: telephone companies providing telephone-sets free of charge; preferential provision of certain services in the field of transportation; utilisation of products kept in stock by customs authorities for charitable purposes; private sponsorship for training, leisure, sports and cultural activities; etc.
5.4 Assistance to Families
29. It is the belief of the rapporteur, that when an individual is provided with a loving and receptive environment in his or her family, it unleashes unlimited potential for that individual to learn and grow. Disabled children, like all children, need the love and security that family life can offer. Disabled children are able to offer a great deal of love and affection in return and are just as rewarding to their family as a child without disabilities, or even more so.
30. But sadly, people with disabilities and their families often face multiple deprivation as their specific needs fail to be properly addressed. For example, people with complex dependency needs remaining at home require particular home care, which causes members of their family to withdraw fully or partially from the labour market. Family budgets are therefore under serious strain, causing many families to slide into exclusion and poverty.
31. Screening and early detection arrangements can help ward off the risk of a disability being made clinically and socially worse as a result of a total lack or under-provision of services relevant to each family’s particular circumstances.
32. Family support services are still to a large extent inadequate in most European countries. Multi-disciplinary services that are already available to all families need to be backed up by special services. Various measures need to be put in place including the provision of community based out-patient care and services, sufficient day care centres, adapted transport, assistance in converting housing to specific needs, etc. In addition, working parents or carers are in need of specific regulations regarding parental leave, work arrangements, pensions or corporate life, and require adequate allowance for “non working” periods spent in home care. National, regional and local funding agencies need to have sufficient, clearly identified budget funds to address those specific needs.
5.5 Changing attitudes
33. The year 2003 will be an opportunity to induce a real change in attitudes towards people with disabilities and their rights by raising awareness of decision makers, professionals and general public by means of a more active involvement of European organisations, national governments, social partners, mass media, and various non-governmental and advocacy groups across Europe.
6. Non-governmental organisations (NGOs)
34. Various non-governmental and advocacy groups already play a crucial role in raising awareness and promoting the rights of people with disabilities. The disability movement in Europe is extremely diverse reflecting different forms of disability. The barriers faced by people with disabilities vary from one group to another, requiring the solutions to be diverse too. Disability policies can only succeed if they take that diversity into account.
35. Participation and consultation of NGOs should be granted when developing relevant legislation and policy at international, national, regional or local level. Moreover, NGOs and grass root organisations should be considered crucial partners in implementing those policies in practice as they provide a human interface between people with disabilities and their families, and various public or private agencies.
36. In practical terms NGOs are often involved in the delivery of services and provide vital assistance to families with specific needs. However, their role, status, administrative, technical and financial needs are not always sufficiently recognised.
7. World Health Organization (WHO)
37. The mandate of the World Health Organization (WHO) includes setting norms and standards, promoting the basic global values of health, equity and inclusion, and providing countries with tools and advice to improve their health policies and the performance of their health systems.
38. The work to develop and promote the International Classification of Functioning, Disability and Health (ICF) has allowed WHO to combine all these elements. The ICF was adopted by the 54th World Health Assembly in May 2001, replacing the 1980 International Classification of Impairments, Disabilities and Handicaps (ICIDH).
39. The ICF15 provides the framework for health services, to monitor and assess the effectiveness of health interventions by measuring health outcomes. It meets the urgent demand for instruments to measure the performance of health interventions and health systems. In addition, with the ICF, countries will be able to identify factors such as education, transportation or housing, both as determinants of health and as social factors influenced by improvements in health.
40. By adopting the ICF as a basis for its policies and legal framework, countries subscribe to an inclusive, equitable and humanistic view of health and provide for the right of people with disabilities to be better integrated in society.
8. European Union
41. The Treaty of Amsterdam introduced Article 13 which complements existing powers to tackle discrimination on the grounds of specific characteristics, most notably gender, and measures to tackle exclusion from the labour market and discrimination on the grounds of nationality. Under Article 13, the Community now has the power to take action to combat discrimination based on the grounds of race and ethnic origin, religion and belief, sex, disability, age and sexual orientation.
42. Article 13 was included in Part One of the EC Treaty entitled "Principles" as it is an expression of the European Union's belief in respect for human rights, especially the fundamental rights set out in the European Convention for the Protection of Human Rights and Fundamental Freedoms.
43. Article 13 therefore offers new possibilities to the European Union and its Member States to help eliminate discrimination. In 2000 the European Commission issued a communication “Toward a barrier-free Europe for people with disabilities” and the European Parliament adopted its Resolution16 (rapporteur : Marie-Therčse Hermange) in April 2001. In order to combat discrimination on the grounds of religion or belief, disability, age or sexual orientation as regards employment and occupation, the Council of the European Union adopted the EU Directive 2000/78/EC on equal treatment in employment and occupation, and established a Community action programme to combat discrimination for the period 2001 to 2006.
44. Moreover, articles 21 and 26 of the “Charter of Fundamental Rights of the European Union” mention “disability” in the list of grounds on which discrimination should be prohibited and state the right of people with disabilities to receive the required support to ensure their participation in society. The combination of the two articles reflects the need to complement non-discrimination measures with measures of positive action in order to achieve the desired result – the social inclusion of people with disabilities.
9. Council of Europe
45. The rapporteur deplores the fact that there is no explicit reference to discrimination on the grounds of disability in the two main Council of Europe legal instruments:
• European Convention for the Protection of Human Rights and Fundamental Freedoms17: article 14
• European Social Charter (Revised)18: Part V, article E
and recommends that consideration be given to this issue in the course of European Year of People with Disabilities 2003.
46. The Rapporteur fully supports the initiatives taken under the Council of Europe Partial Agreement in the Social and Public Health Field19 and invites Council of Europe member states which are not yet members, especially countries in Central and Eastern Europe, to consider ratifying the Partial Agreement and fully participating in its activities (see appendix 3).
47. As a follow up to the Second European Conference of Ministers responsible for integration policies for people with disabilities (Malaga, 7 - 8 May 2003), the Rapporteur recommends that the Council of Europe adopt an Action Programme for the full social inclusion of people with disabilities in Europe.
48. As part of this Action Programme, the Council of Europe itself ought to establish an “Inter-Service Group on Disability” (Task Force) to mainstream disability issues in all activities and sectors of its work, and to raise awareness of disability matters throughout the Organisation.
49. In practical terms, the Rapporteur recommends establishing an in-house Code of Good Practice to ensure:
• accessibility to Council of Europe premises;
• accessibility of all Council of Europe web sites to people with disabilities, particularly visual impairments and learning disabilities, by applying the guidelines of the Web Accessibility Initiative (WAI)20;
• accessibility of Council of Europe printed material in alternative formats (large print, Braille, audio cassettes);
• inclusion of disability requirements in its procurement policy;
• employment of a higher percentage of people with disabilities.
50. Finally, the Council of Europe Development Bank ought to insist on compliance with accessibility requirements when granting construction loans.
10. Vision for the future : towards full inclusion
51. Over the last decade, policies concerning people with disabilities have been gradually evolving from an institutional approach, considering people with disabilities as patients, to a more holistic approach viewing them as citizens, who have a right to individual support and self-determination.
52. Equal status, inclusion, full citizenship, and the right to choose should be further promoted and implemented.
53. The Rapporteur warmly welcomes the “new vision” set out in the Declaration adopted by the participants at the European Congress on Disability in Madrid (March 2002) in preparation for the European Year of People with Disabilities 2003 :
“Our vision can best be described as a contrast between this new vision and the old vision it seeks to replace :
a) Away from disabled people as objects of charity…and towards people with disabilities as right holders.
b) Away from people with disabilities as patients…and towards people with disabilities as independent citizens
c) Away from professionals taking decisions on behalf of people with disabilities…and towards independent decision making and taking responsibilities by people with disabilities on issues which concern them
d) Away from a focus on individual impairments…and towards removing barriers, revising social norms, policies, cultures and promoting a supportive and accessible environment
e) Away from labelling people as dependants or unemployable…and towards an emphasis on ability and the provision of active support measures.
f) Away from designing economic and social processes for the few…and towards designing a flexible world for the many
g) Away from unnecessary segregation in education, employment and other spheres of life…and towards integration of people with disabilities into the mainstream.
h) Away from disability policy as an issue that affects specialised ministries…and towards inclusion of disability policy as an overall government responsibility.
Implementing our vision will benefit not only people with disabilities but also society as a whole. A society that shuts out a number of its members is an impoverished society. Actions to improve conditions for disabled people will lead to the design of a flexible world for all.”
Appendix:
1. Convention for the Protection of Human Rights and Fundamental Freedoms21
Art 14: prohibition of discrimination
“The enjoyment of the rights and freedoms set forth in this Convention shall be secured without discrimination on any ground such as sex, race, colour, language, religion, political or other opinion, national or social origin, association with a national minority, property, birth or other status.”
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2. European Social Charter (revised)
Art 15: the right of persons with disabilities to independence, social integration and participation in the life of the community
With a view to ensuring to persons with disabilities, irrespective of age and the nature and origin of their disabilities, the effective exercise of the right to independence, social integration and participation in the life of the community, the Parties undertake, in particular:
1. to take the necessary measures to provide persons with disabilities with guidance, education and vocational training in the framework of general schemes wherever possible or, where this is not possible, through specialised bodies, public or private;
2. to promote their access to employment through all measures tending to encourage employers to hire and keep in employment persons with disabilities in the ordinary working environment and to adjust the working conditions to the needs of the disabled or, where this is not possible by reason of the disability, by arranging for or creating sheltered employment according to the level of disability. In certain cases, such measures may require recourse to specialised placement and support services;
to promote their full social integration and participation in the life of the community in particular through measures, including technical aids, aiming to overcome barriers to communication and mobility and enabling access to transport, housing, cultural activities and leisure.
Part V, Article E : non-discrimination
“The enjoyment of the rights set forth in this Charter shall be secured without discrimination on any ground such as race, colour, sex, language, religion, political or other opinion, national extraction or social origin, health, association with a national minority, birth or other status.”**
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3. Council of Europe Partial Agreement in the Social and Public Health Field
At a Glance: Integration of people with disabilities
Human dignity, equal opportunities, independent living, active participation in the life of the community – in short: full citizenship - form the heart of the Council of Europe’s activities for persons with disabilities. The overall objective is to promote social cohesion in Europe by reconciling the principle of equal rights for all individuals and the concept of special requirements.
The 1992 Recommendation on A coherent policy for people with disabilities contains the policy principles for the rehabilitation and integration of people with disabilities. This model programme recommends that governments of all member States develop comprehensive and co-ordinated national disability policies taking account of all successive stages in the integration process and all areas of community life: prevention, diagnosis, treatment, education, vocational guidance and training, employment, social integration, social protection, information and research. It has set benchmarks both nationally and internationally. http://cm.coe.int/ta/rec/1992/92r6.htm
The 1995 Charter on the vocational assessment of people with disabilities calls for a shift in focus: from disability to ability. The person’s vocational abilities and not disabilities should be assessed and related to specific job requirements. http://cm.coe.int/ta/res/resAP/1995/95xp3.htm
The 2001 Resolution on Universal Design aims to improve the accessibility of the built environment by recommending the inclusion of the principles of Universal Design into the curricula and training of all vocations working on the built environment, in particular architects, engineers and town planners.http://cm.coe.int/ta/res/resAP/2001/2001xp1.htm
The 2001 Resolution on New Technologies recommends drawing up national strategies to ensure that people with disabilities benefit from the manifold opportunities offered by new technologies, rather than being excluded due to newly created barriers caused by inappropriate technology design or provision.
http://cm.coe.int/stat/E/Public/2001/adopted_texts/resAP/2001xp3.htm
Recent publications: Employment strategies to promote equal opportunities for persons with disabilities on the labour market (2000), Legislation to counter discrimination against persons with disabilities (2000), Cochlear implants in deaf children (2001), Rehabilitation and integration of people with disabilities – policy and legislation (2002), Assessing disabilities in Europe – similarities and differences (2002), Safeguarding adults and children with disabilities against abuse (2002), The impact of new technologies on the quality of life of people with disabilities (2002). For details see: http://book.coe.int
Current activities include: air travel, community living of people with disabilities in need of a high level of support, disability prevention, and women with disabilities.
Tailor-made programmes for Central and Eastern European countries take account of their specific requirements.
Civil dialogue is strengthened by regularly and actively involving European NGOs of and for people with disabilities in the political process.
A political organisation set up in 1949, the Council of Europe works to promote human rights and democracy continent-wide.
It also develops common responses to legal, cultural and social challenges in its 44 member states.
Reporting committee: Social, Health and Family Affairs Committee
Reference to committee: Doc. 7865 and Reference No. 2210 of 21 September 1997, extended until 21 September 2003 (and Doc. 9362, Reference No. 2707 of 26 March 2002 for information)
Draft recommendation unanimously adopted on 28 November 2002.
Members of the committee: Mrs Ragnarsdóttir (Chairman), Mr Hegyi, Mrs Gatterer, Mr Christodoulides (Vice-Chairmen), MM. Alís Font, Arnau, Mrs Belohorská (alternate: Mr Tkáč), Mr Berzinš, Mrs Biga-Friganović, Mrs Björnemalm, Mrs Bolognesi, MM. Brînzan, Brunhart, Cerrahoğlu, Colombier, Cox (alternate: Ms McCafferty), Dees (alternate: Mrs Zwerver), Evin, Floros, Flynn, Ms Gamzatova, MM. Geveaux, Giertych, Glesener, Gönül, Gregory, Gusenbauer, Gustafsson, Haack, Herrera, Hladiy, Hřie, Hörster, Jacquat, Ms Jäger, Mr Klympush, Baroness Knight (alternate: Mr Hancock), MM. Kontogiannopoulos, Lomakin-Rumiantsev, Ms Lotz, Ms Luhtanen, MM. Makhachev, Małachowski, Manukyan, Mrs Markovska, MM. Marty, Maštálka, Mrs Milotinova, MM. Mladenov, Monfils, Ms Nowiak (alternate: Mr Wikiński), MM. Olekas, Ouzký, Padilla, Podobnik, Popa, Poty, Provera (alternate: Mr Piscitello), Pysarenko (alternate: Mr Zhvaniya), Rigoni, Rizzi, Mrs Roseira, MM. Santos, Seyidov, Mrs Shakhtakhtinskaya, MM. Slutsky, Surján, Telek, Ms Tevdoradze, Ms Topalli, MM. Truu, Turjačanin, Vella, Mrs Vermot-Mangold, MM. Vesselbo, Vis, Van Winsen, Mrs Zafferani, Mr Zidu, ZZ (Romania) (alternate: Mr Ionescu)
NB: The names of those members present at the meeting are printed in italics.
Secretaries to the committee: Mr. Newman, Ms Meunier and Ms Karanjac
1 Based on medical criteria, the World Health Organization (WHO) estimates that people with disabilities represent around 10% of total population; NGOs in Europe estimate higher figures of around 15%; the above indicates a lack of reliable statistics and harmonised data.
2 Convention for the Protection of Human Rights and Fundamental Freedoms, Protocol No. 1, art. 2
3 European Social Charter (revised), art. 1
4 Convention for the Protection of Human Rights and Fundamental Freedoms, art. 8
5 European Social Charter (revised), art. 11, 12
6 European Social Charter (revised), art. 30
7 European Social Charter (revised), art. 31
9 Austria, Belgium, Cyprus, Denmark, Finland, France, Germany, Ireland, Italy, Luxembourg, The Netherlands, Norway, Portugal, Slovenia, Spain, Sweden, Switzerland and United Kingdom
11 See report "Human Rights of Persons with Intellectual Disability in Poland”, produced by the Polish Association for Persons with Mental Handicap (PAPMH), January 2002
12 See Amnesty International, press release, October 2001, AI Index EUR 15/002/2001 News Service No. 180
13 Source : Secretariat of the Czech Government Board for People with Disabilities
14 Source : Hungarian Ministry of Social and Family Affairs
15 http://www3.who.int/icf/icftemplate.cfm
16 Ref. A5-0084/2001
17 As amended by Protocols No. 1, 4, 6, 7 and 11
18 See list of signatories and ratifications in appendix
20 WAI is supported in part by: the U.S. Department of Education's National Institute on Disability and Rehabilitation Research; European Commission's Information Society Technologies Programme; Canada's Assistive Devices Industry Office; Elisa Communications; Microsoft Corporation; IBM; SAP, Verizon Foundation, and Wells Fargo. For more details see http://www.w3.org/WAI/
21 As amended by Protocols No. 1, 4, 6, 7 and 11