EDF answer to OI/8/2014/AN- Cohesion Policy consultation
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1. What are the main problems related to the respect of fundamental rights that occur in the implementation of the cohesion policy? What do you think are the causes of these problems?
Structural Funds represent the most important financial instrument at EU level for social and economic development. Therefore they should be used to contribute to social inclusion of disadvantaged group including persons with disability. However this was not the case in the past programming periods and it will be a challenge in the current programming period too despite the improvements made in the new legislative package. Main problems:
- Lack of adequate equality, human rights indicators to evaluate the use of the funds to promote fundamental rights, non discrimination and accessibility for persons with disabilities. These indicators should have been included as part of the regulations, the European Commission could still give guidance to the Member States (MSs).
- Lack of checklists to measure the accessibility and non-discrimination of the projects. Checklists should be compulsory and attached to the grant proposals as an important tool in the implementation of disability-related provisions.
- Lack of adequate involvement of civil society organisations, including organisations of persons with disabilities (DPOs), in the monitoring committees.
- Scarce technical assistance given to DPOs to access the Funds as well as to engage in the monitoring committees.
- Implementation reports on the use of European Social Funds (ESF) did not focus on “actions to strengthen integration in employment and social inclusion of other disadvantage group, including people with disabilities”.
- MSs did not adequately report on the actions taken to promote the inclusion of people with disabilities in society.
- MSs should organize and report on accordingly about partnerships with “other bodies representing civil society (…), non-governmental organisations” (Art. 11 of the General Regulations 1083/2006)
- Structural funds were used to reinforce institutionalisation of persons with disabilities. This should be monitored, reported and penalized.[1]
- Non discrimination and accessibility for persons with disabilities weren’t sufficiently taken into consideration during the design, implementation, and monitoring of the programmes in the past programming period 2007-2013. There is not enough evidence on how this is being taken into consideration in the current negotiation of the operational programmes for the period 2014-2020.
- Organisations of people with disabilities were not part of the monitoring mechanisms and when they were in most of the cases they did not have voting rights
2. Have you ever reported such problems to the European Commission?
Over the years EDF had an open dialogue with the European Commission and the relevant services.
We reported directly by answering consultations on Cohesion Policy Reports, by sending spontaneous written comments to the desk officers responsible. When alerted by our national members, we sent letters to Commissioners. (See Annex I)
EDF has facilitated meetings between national members and desk officers responsible for specific countries, including Belgium, France, Latvia, Denmark, Spain, so to raise awareness on cases of misuse of structural funds, receiving satisfactory responses.
EDF is part of the expert group on transition from institutional to community based care(EEG). The EEG regularly meets with European Commission officials to monitor the use of structural funds and deinstitutionalisation processes.
EDF is part of the EC structured dialogue on ESI Funds.
However, there is a lack of adequate information on the European Social Fund Committee not knowing how compliance with the ex-ante conditionality on disability, non discrimination and fight against poverty and social exclusion is ensured in negotiating the operational programmes.
The European Commission was very responsive, cooperative and attentive to our messages.
However, in the past, the European Commission officials rarely asked questions on the implementation of the horizon principle on equality between men and women and non-discrimination[2] during the monitoring committees meetings.
3. Does the new legislative framework of the cohesion policy contribute to addressing these problems?
EDF welcomed the new legislative package, in particular, the horizontal principles of partnership, accessibility and equality of opportunities and the provisions linked to the fight against poverty and social exclusion including transition from institutional to community based care. EDF welcomes the requirement to include civil society organisations on an equal basis as regional authorities and social partners. We welcomed the support for technical assistance and capacity building for DPOs foreseen in the European Social Fund legislation. Accessibility is now better incorporated across the legislation. Stronger reporting obligations exist for MSs to provide information on how they implement non discrimination and accessibility procedures.
However implementation of these provisions remains a challenge and this has been the case already in the negotiation of the partnership agreement and operational programmes.
a. Are the national means of redress foreseen in the legislative framework sufficient?
There is lack of awareness and lack of knowledge on how to implement these new elements and not enough training was provided to national authorities nor to Commission officials on new legal obligations e.g. on the obligations steaming from the UN Convention on the rights of persons with disabilities when implementing the Funds.
b. What role do you think the Commission can play in supporting national authorities to implement well-functioningredress systems? Has the Commission's ability to supervise the Member States improved?
The European Commission should regularly collect best practices, should develop indicators and checklists. The European Commission should ensure meaningful involvement of organisations of persons with disabilities at European level for instance in the ESF committee.
4. Are the measures mentioned in the Commission's reply appropriate to deal with possible problems?
The European Commission should put in place stronger enforcement mechanisms and infringement procedures. The European Commission should directly involve civil society organisations in the monitoring of the implementation of article 74(3) and in evaluating the way in which MSs have addressed complaints.
5. If you have any comments on the topic which are not addressed by the above questions, please mention them briefly.
EDF commented to the 6th Cohesion Policy Report highlighting how Structural Funds were used in 2017-2013 for persons with disabilities. The document includes challenges and opportunities for the use of the European Structural and Investment Funds during the current programming period 2014-2020. (See Annex II)
Contact person at the EDF secretariat:
Simona Giarratano, Social Policy Officer
Tel: +32 (0) 2 503 12 27, Email:
Should you have any problems in accessing the documentation, please contact the EDF Secretariat. (Tel: +32 (0) 2 282 46 00, Email: ).
Annex I
Commissionner László Andor
European Commission
Brussels, 25 March 2014
Dear Commissionner Andor,
RE: Partnership Agreement with Lithuania: use of ESIF Funds for Deinstitutionalisation
On behalf of the European Disability Forum, the Lithuanian National Forum of the Disabled (LNF), Eurochild, Lithuanian coalition “For child’s rights”[3], we are contacting you with regards to the upcoming conclusion of the partnership agreement between the European Commission and the Lithuanian government for the use of the ESIF Funds in the new programming period.
While welcoming the objective of using EU funds to promote the transition from institution to community-based care, in particular for children and persons with disabilities, we are very concerned of the lack of ambition and commitment of the Lithuania government.
The targets set and the indicators used in their proposal are not considered sufficient in order to achieve a real change nor a positive progress in promoting deinstitutionalization in Lithuania.
Attached to this letter, for your kind consideration, you will find the table as proposed by the Lithuanian government followed by the same tables amended by us. The main changes regard decrease of share of children and persons with disabilities that should be still placed in institutions in the future and increase of community based care alternatives developed.
We call therefore for your support in taking into consideration our proposal when negotiating the agreement with the Lithuanian government.
Acknowledging the specific provisions in the new regulations that support the transition from institutional to community-based care, we appreciate your support and engagement in the promotion of deinstitutionalization in this and various other occasions.
We trust we can count on you again in this important situation, to make sure that EU funds are used in the best way and in the interest of all EU citizens for a real social cohesion across the EU.
We remain at your disposal for any additional information you may require.
Sincerely,
Carlotta Besozzi
European Disability Forum
Jana Hainsworth
Eurochild
Dovilė Juodkaitė
Lithuanian National Forum of the Disabled (LNF)
Karilė Levickaitė
On behalf of Coalition “For child’s rights”, representing these organizations:
Human Rights Monitoring Institute
SOS Children Villages - Lithuania
Children Support Centre
Save the Children Lithuania
Mental Health Perspectives
Child Helpline Lithuania
National Assembly of Active Mothers
Lithuanian Care Association of People with Intellectual Disabilities „Hope“
Family Relations Institute
Lithuanian Forum of the Disabled
In favour of child
Greek Minister of Labour, Social Security and Welfare
Mr Yiannis Vroutsis,
Greek Minister of Health
Mr Adonis Georgiadis
Brussels, 5 May 2014
Dear Minister Mr Vroutsis,
Dear Minister Mr. Georgiadis,
RE: Partnership Agreement: use of ESIF Funds for Deinstitutionalisation
On behalf of the European Disability Forum, the Greek National Confederation of Disabled People (ESAMEA NCDP), Eurochild, we are contacting you with regards to the upcoming conclusion of the partnership agreement between the European Commission and the Greek government for the use of the ESIF Funds in the new programming period.
Acknowledging as an objective of the regulation the use of EU funds to promote the transition from institution to community-based care, in particular for children and persons with disabilities, we regret and are very concerned of the lack of commitment of the Greek government, considering that deinstitutionalization is not included as a funding priority in the Greek partnership agreement.
In the proposed partnership agreement activities for modernization of social services are limited to the Memorandum of Cooperation between the Commissioner of Employment and the Minister of Health for 2014 and 2015. This is a missed opportunity to use financial resources from the European Union to carry out positive actions and ensure continuity of services that suffered from the crisis.
Acknowledging the specific provisions in the new regulations that support the transition from institutional to community-based care, we call for the government to reconsider its proposal when negotiating the agreement with the European Commission.
We trust we can count on you, to make sure that EU funds are used in the best way and in the interest of all EU citizens for a real social cohesion across the EU.
We remain at your disposal for any additional information you may require.
Sincerely,
Yannis Vardakastanis
European Disability Forum and National Confederation of Disabled People
Jana Hainsworth
Eurochild
Annex II
EDF position on 6th Cohesion Policy Report: Impact of Structural Funds on Persons with Disabilities
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The European Disability Forum (EDF)
EDF is the European umbrella organisation representing the interests of 80 million persons with disabilities in Europe. The mission of EDF is to ensure that persons with disabilities have full access to fundamental and human rights through their active involvement in policy development and implementation in Europe. EDF is a member of the International Disability Alliance and works closely with the European institutions, the Council of Europe and the United Nations.
Introduction
In July 2014, the European Commission published the 6th Cohesion Policy report based on the use of the Structural Funds for the period 2007-2012. EDF welcomes the link of the reporting exercise with the changing political and financial context due to the economic crisis and the Europe 2020 Strategy.
Cohesion Policy has been identified as one of the most effective instrument to financially support the Europe 2020 strategy. Its effects in supporting countries during the crisis have been proven positive. Traditionally, in particular the European social fund, promoted employment and training opportunities for persons with disabilities. Article 16 of the General Regulation of Structural Funds 1083/2006 was a major achievement ensuring the use of the funds to promote non-discrimination and ensuring accessibility for persons with disabilities. However, during the period 2007-2013, there were cases of misuse of structural funds and access to the funds was extremely complex for organisations of persons with disabilities. In particular, funds were used towards building residential institutions with the consequences of locking people away from the society and cutting their possibility of being fully integrated. This is in direct contradiction with the Europe 2020 and its headline objective of fighting against social exclusion.
The ratification by the EU of the UN Convention on the Rights of Persons with Disabilities on 22nd December 2010 has a direct impact on the future Cohesion Policy, considering that structural funds are included in the declaration of EU competence for the implementation of the UNCRPD. Hence, the UN Convention represents now a legal obligation for all EU institutions and the whole policy making of the European Union, including the Cohesion Policy.
The new Structural and Investment Funds regulations, at least on paper, are much better and have been designed to serve the objectives of Europe 2020. They are positive in the sense that they address accessibility of social and health infrastructures in order to promote transition from institutional to community based care, accessibility for persons with disabilities is an overarching principle and is taken into account in all phases, partnership with civil society is compulsory and a general principle as well. If we want to reach Europe 2020 targets by using the ESI Funds, these provisions must be implemented in an effective way and with full participation of persons with disabilities.
Use of Structural Funds in 2007- 2013
Horizontal Principles
Structural Funds is the most important financial instrument at EU level for social and economic development from 2007 to 2013. In many European regions it represents the most important source of public funding. The Structural Funds constitute over 35% of EU budget and 43 billion Euros annually.