Richard Howitt MEP (UK/PSE)

MEETING REPORT

28 APRIL 2009

Five years of the Disability Intergroup:

ATTENDANCE

Richard Howitt MEP; Julia Schachov, assistant to Dr Koch MEP; Mark Taylor, assistant to Ms McGuinness MEP; assistant to Ms Sinnott MEP; Stella Kefala, assistant to Ms Tzampazi MEP; Sarah Phelan, assistant to Ms Lynne MEP; Keka Tunyogi, assistan to Ms Kosane-Kovacs MEP; Michael Benedix, assistant to Dr Koch MEP; Lesya Rekunova, assistant to Ms Staniszewska MEP; Yannis Vardakastanis, EDF; Johan Ten Geuzendam, EC Disability Unit; Ima Placencia, EC Disability Unit; Maria Zuber, EC Disability Unit; Aurelie Baranger, Autism Europe; Charlotte Boetticher, EASPD; Celia Cranfield, Light for the World; Rachel Bowen, EP DG COMM; Doriane Fuchs, EDF; Barbara Martin, ONCE; Olalla Michelena, ONCE; Carine Marzin, RNIB; Virpi Salojarvi, Helsinki EU Office; Maris Sergejenko, LGBT Intergroup; Celine Simonin, COFACE; Gail Stewardson, EGDF; Katrina Marie Ward, Inclusion Europe; Tom Shakhli, Parliament Magazine; Ben Harnwell, Working Group on Human Dignity; Janina Arsenjeva, Disability Intergroup Secretariat

CHAIR ANNOUNCEMENTS

ANTI-DISCRIMINATION DIRECTIVE

The EP resolution on the Directive was adopted in plenary on 2 April. The most important disability improvements are:

-definition of persons with disabilities in accordance with the UNCRPD;

-prohibition of discrimination by association and discrimination based on assumption;

-multiple discrimination is addressed;

-difference in treatment on the ground of disability in provision of financial services, can only be justified on the basis of accurate, recent and relevant;

-Member States shall ensure the rights of persons with disabilities to education without discrimination and on the basis of equal opportunities, and ensure that in determining which type of education or training is appropriate, the views of the person with a disability are respected;

-The effective non-discriminatory access must be provided by anticipation, and all policies, procedures and practices that impede access shall cease to exist. The definition of effective non-discriminatory access, of disproportionate burden, and of fundamental alterations (key concepts in the Directive) have all been improved;

-a provision for measures necessary to ensure real and effective compensation or reparation for the loss and damage sustained as a result of discrimination.

UN CONVENTION ON THE RIGHTS OF PERSONS WITH DISABILITIES

On 23 April, the European Parliament debated in plenary, with participation of the Council and the Commission, the conclusion of the UN Convention on the Rights of Persons with Disabilities by the European Community. At the end of the debate, MEPs adopted a resolutionon the conclusion of the Convention. The resolution calls on the EU to deposit the instrument of ratification with the United Nations before the International Day of Persons with Disabilities on 3 December 2009; urges all parties to ratify the Convention in full and to create the necessary material infrastructure for its implementation; and invites the Community and the Member States to promote a well-coordinated social dialogue between partners and to actively involve organisations of persons with disabilities in monitoring the implementation of the Convention.

MARITIME AND COACH PASSENGERS

On 24 April, two important resolutions were adopted at the EP plenary: on the proposal for a regulation on the rights of sea and inland waterway passengers, and on the proposal for a regulation on the rights of passengers in bus and coach transport.

The most important amendments in relation to the sea passengers’ regulations are:

-psychosocial disabilities are included in the definition of disability;

-removal of the possibility to refuse boarding to disabled passengers for safety reasons;

-a possibility for an agreement between the assistance provider and the passenger on shorter notification period;

-passengers and assistance providers might agree on the time of appearance at the designation point;

-replacement equipment shall be suitable to the needs of the passenger concerned;

-obligation to take into account the needs of persons with disabilities at design of new ports and terminals;

-no prejudice towards embarkation of passengers with disabilities or reduced mobility;

-there should be only one body designated for complaint procedures;

-disabled persons and persons with reduced mobility can be refused embarkation due to the service level and safety and disabled passengers to announce the need of assistance at the time of reservation for cruise journeys even if it is unequal treatment.

The bus and coach regulation is much less generous to persons with disabilities to persons with disabilities. The important amendments for including the psychosocial disabilities in the disability definition, for provision of both reimbursement and reasonable alternative transport services when denied boarding and for bus and coach undertakings being responsible for lost or damaged equipment have not been adopted.

 SITUATION OF THE INTERGROUPS

The Disability Intergroup, together with other EP Intergroups, has worked for many months to have the Intergroups recognized in the EP Rules of Procedure and to reverse the current situation where the EP facilities for the Intergroups’ use have been cut off. On 22 April, the Constitutional Affairs’ Committee adopted an amendment (submitted by Presidents of different Intergroups) recognizing Intergroups in the EP procedural order. The amendment is to be confirmed in the plenary vote in May.

TRAKATELLIS REPORT ON RARE DISEASES

A representative of the Working Group on Human Dignity (President is Disability Intergroup member Gay Mitchell MEP) presented the Group concerns relating to the adopted Trakatellis report on rare diseases voted in the EP plenary on 23 April. The adopted report includes an amendment that, in the opinion of the Group, promotes active eugenics in an attempt to eradicate heritable diseases from the gene pool. The Group expressed its hope for closer cooperation with the Disability Intergroup at the next opportunity to change this provision. For more information, members are invited to approach the Secretary General of the working Group on Human Dignity in the European Parliament Benjamin Harnwell (, tel +32 2 283 7245).

PRESENTATIONS

Yannis Vardakastanis, President of the European Disability Forum, reminded the participants that the 6th parliamentary term of the European Parliament started just a few months after the European Year of Persons with Disabilities 2003 was wrapped up. The Year resulted in a number of commitments made by the European Union to persons with disabilities, all having ‘raising awareness about disability’ as a main goal.

Most important outcome of the Year was the Disability Action Plan (2003-2010). Its strategic objectives were:

-achieving full application of the Employment Directive and launching the debate on the future strategy to combat discrimination

-successful mainstreaming of disability issues in relevant Community policies and existing processes

-improving accessibility for all

The new European Parliament Disability Intergroup established after the parliamentary elections in 2004 signed up to these commitments of the Union by conducting many important activities that raised the visibility of disability rights in Europe and actively defended and promoted the interests of persons with disabilities.

To the European Disability Forum, the partnership with the European Parliament through its Disability Intergroup has been very important, especially for the mainstreaming of issues that are not traditionally considered disability-specific:

Some examples of fruitful cooperation:

-the proposal for a regulation on air passengers’ rights was significantly improved by MEPs in 2005;

-the regulations on Structural Funds would not have contained such strong accessibility provisions had the European Parliament not made it one of the conditions of reaching a political compromise with the Council;

-the telecoms package adopted this year (2009) is a good example of how MEPs from different Committees are prepared to stand up for disability rights and demonstrate unity in proposing and defending amendments to improve accessibility of technologies to people with disabilities

-For the first time, the 2008 budget of the European Union allocated significant sums to advance disability rights in the EU and in third countries.

Thanks to members of the Disability Intergroup, the question of persons with disabilities has been raised in plenary many times, including in relation to disability in development, the situation of women with disabilities, but also during less obviously disability-related debates (transport, Structural Funds, audiovisual media services…)

For the European Disability Forum, the most important activity of the last 5 years has been our One Million For Disability campaign in 2007. The campaign was strongly supported by the Disability Intergroup. Among other things, MEPs even collected signatures in support of disability rights at the EP building in Brussels. Over 1.3 million signatures were collected in the course of the campaign.

Mr Vardakastanis highlighted the following demands for the next five years of the European Parliament and the new European Commission:

-UN Convention: conclusion of the Convention by the European Community is history-making. People with disabilities want to benefit from the rights it ensures without further delay. Swift ratification and implementation with full involvement of people with disabilities themselves!

-A comprehensive Disability Pact: the precedent has been set by the European Youth Pact and the Roadmap for Equality between Women and Men, and EDF feels that people with disabilities will greatly benefit from this idea which will bring together the EU, its MemberStates and the organisations of disabled people as equal partners in promoting disability rights.

-Mainstreaming of disability rights: some years ago, disability mainstreaming was a concept unfamiliar to a lot of policy-makers. The situation is now improving, with disability angle of internal market, transport, regional policies, public procurement being recognised. This is not yet automatic for some decision-makers to make their policies disability-proof, but the situation is improving. The momentum should not be lost and more work needs to be done in this direction.

-Equal access in education and employment: Member States are competent to organise their educational systems in the most appropriate way. To EDF, this means inclusive education to all children with disabilities, not leaving any child out. Equality in education is a prerequisite to equality in employment, required by the European law.

-Equality in social protection, social security and a decent home: the right of all disabled people to live in dignity is dependent on an adequate system of social protection and on provision of affordable and acceptable services of high quality. More should be spent on accessible infrastructures, benefits and tax relief for persons with disabilities and their families.

-The right to access goods and services, transport and technologies: people with disabilities are consumers, and must be able to choose from the same range of goods and services as non-disabled consumers. Internal market of the EU must be conceived in such as a way as to deliver to consumers with disabilities.

EU measures in the area of transport can serve as an inspiration to policy-makers in other areas. Accessibility of public infrastructures (buildings, playgrounds, cultural venues) is still insufficient. Measures need to be taken, such as reinforcing public procurement legislation, adopting standards and raising awareness.These measure are also relevant in relation to accessibility of information of communication technologies.

Mr Vardakastanis finished with voicing the EDF demands for the next Disability Intergroup:

-Commitment of MEPs: the current Intergroup has over 100 members, and EDF hopes will continue the tradition of involvement with the disability matters;

-Dialogue:the cooperation between the Intergroup and the EDF must go both ways. EDF is there to support MEPs in their work at the EP, and it expects to be supported by them in its campaigns and activities.

-Facilities: EDF hopes that the Parliament will restore the availability of resources to the Disability Intergroup in the new parliamentary term. EDF expects that the new European Parliament recognises the important work that the Disability Intergroup does for the benefit of people with disabilities and provides the Intergroup with all logistical support necessary for the success of its mission.

Johan Ten Geuzendam, Head of the Disability Unit of the European Commission, announced that the Commission is in the process of planning a disability strategy that would start in 2011, after the expiration of the ongoing Disability Action Plan. The post-2010 plans are still very much open, and the stakeholders are very welcome to send their suggestions to the Commission. The Commission will soon announce an online consultation to get input from all relevant parties.

The Commission, in the Disability Action Plan, relies on three priorities: non-discrimination, mainstreaming, accessibility. The Commission is now assessing whether it should continue using these priority pillars alongside the overarching priority of implementation of the UN Convention. In putting together the new Disability Strategy, the Commission will have to consider that the EU in 2011 is not going to be the same as it was in 2004 (when the Disability Action Plan kicked off). It’s larger and has the presence of more strong NGOs (which in itself is a step to meet an obligation under the Convention). Today the Commission is better equipped with evidence of the situation of persons with disabilities (collected by ANED – the Academic Network of Experts on Disability - , and through other studies).

Nevertheless, the Commission recognises that the collection of evidence and statistics on disability needs to be improved. Mr Ten Geuzendam also stressed that the Commission would find useful more political basis for its work (such as the Council Resolution on the situation of persons with disabilities adopted under the Slovenian Presidency in 2008).

The implementation of the UN Convention has already been incorporated in the Commission’s work programme through drafting by the High Level Group on Disability of the Progress report on the implementation of the Convention. The second report (written by the Commission basing on the information from the Member States) will be presented to the EPSCO Council in June.

The new Disability Strategy will differ from the current Disability Action Plan in that it will be less focused on the EU actions and involve the activities on the MemberState level more. This is a crucial change that is necessary to effectively implement the UN Convention and to coordinate the implementation efforts on all levels (national, regional, local and Community), in particularly in relation to the reporting obligation under the Convention.

At the same time, the Commission will continue dealing with the ongoing issues of importance, such as education, employment or accessibility. It will also explore the ways to facilitate the fulfilment of the EC freedoms for persons with disabilities, such as in relation to mutual recognition of rights across the Member States (such as the entitlement to benefits and personal assistance, provision of services and independent living of persons with disabilities).

In response to a question from Light for the World, Mr Ten Geuzendam said that it is possible that the new Strategy will also include an external dimension of disability in development cooperation. Given that there is growing interest to disability issues from the Commission delegations in third countries, the Commission will look into including the external dimension in the new Strategy.

Richard Howitt, President of the Disability Intergroup said that the cooperation between the Intergroup and the EDF has been mutually beneficial for both parties. The Disability Intergroup is the oldest (and one of the largest) Intergroups of the European Parliament and the President will do its best to ensure that it continues to exist after June 2009.

The President named the closing event of the EDF One Million For Disability campaign the highlight of the last five years of working on disability policy. It inspired many people to continue giving their best for disability, and inspired the EP resolution on the Equal Treatment Directive adopted in plenary (see above).

Among other significant achievements of the last 5 years, President named the transport legislation and Structural Funds regulations (which is yet to be implemented correctly across the Member States), legislation on accessibility of ICT and on public procurement, and the EP schemes on inclusion of persons with disabilities in the EP working environment through traineeships and positive action measures.

On the other hand, not enough progress has been made issues, such as disability in development cooperation and in EU enlargement, or following up the demands of the biennial Freedom Drives in Strasbourg, organised by the European Network of Independent Living.

The new EP Disability Intergroup will be responsible for overseeing the implementation of these acts, which is why it is important to ensure its speedy reconstitution with strong members. President asked the participants to work with future MEPs to ensure their commitment to disability issues in the new legislative term.

Janina Arsenjeva

Secretariat

Disability Intergroup