EMPL-2010-01772-00-00-EN-REV-00

EN EN

EUROPEAN COMMISSION

Brussels, 15.11.2010

COM(2010) 636 final

COMMUNICATION FROM THE COMMISSION TO THE EUROPEAN

PARLIAMENT, THE COUNCIL, THE EUROPEAN ECONOMIC AND SOCIAL

COMMITTEE AND THE COMMITTEE OF THE REGIONS

European Disability Strategy 2010-2020:

A Renewed Commitment to a Barrier-Free Europe

{SEC(2010) 1323}

{SEC(2010) 1324}

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COMMUNICATION FROM THE COMMISSION TO THE EUROPEAN

PARLIAMENT, THE COUNCIL, THE EUROPEAN ECONOMIC AND SOCIAL

COMMITTEE AND THE COMMITTEE OF THE REGIONS

European Disability Strategy 2010-2020:

A Renewed Commitment to a Barrier-Free Europe

TABLE OF CONTENTS

1. Introduction.................................................................................................................. 3

2. Objectives and actions.................................................................................................. 4

2.1. Areas for action............................................................................................................ 5

2.2. Implementation of the Strategy.................................................................................... 9

3. Conclusion.................................................................................................................. 11

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1. INTRODUCTION

One in six people in the European Union (EU) has a disability

that ranges from mild to

severe making around 80 million who are often prevented from taking part fully in society

and the economy because of environmental and attitudinal barriers. For people with

disabilities the rate of poverty is 70

% higher than the average

partly due to limited access to

employment.

Over a third of people aged over 75 have disabilities that restrict them to some extent, and

over 20

% are considerably restricted

. Furthermore, these numbers are set to rise as the EU's

population ages.

The EU and its Member States have a strong mandate to improve the social and economic

situation of people with disabilities.

• Article 1 of the Charter of Fundamental Rights of the EU (the Charter) states that ‘Human

dignity is inviolable. It must be respected and protected.’ Article 26 states that ‘the EU

recognises and respects the right of persons with disabilities to benefit from measures

designed to ensure their independence, social and occupational integration and

participation in the life of the community.’ In addition, Article 21 prohibits any

discrimination on the basis of disability.

• The Treaty on the Functioning of the EU (TFEU) requires the Union to combat

discrimination based on disability when defining and implementing its policies and

activities (Article 10) and gives it the power to adopt legislation to address such

discrimination (Article 19).

• The United Nations Convention on the Rights of Persons with Disabilities (the UN

Convention), the first legally-binding international human rights instrument to which the

EU and its Member States are parties, will soon apply throughout the EU

. The UN

Convention requires States Parties to protect and safeguard all human rights and

fundamental freedoms of persons with disabilities.

According to the UN Convention, people with disabilities include those who have long-term

physical, mental, intellectual or sensory impairments which in interaction with various

barriers may hinder their full and effective participation in society on an equal basis with

others.

The Commission will work together with the Member States to tackle the obstacles to a

barrier-free Europe, taking up recent European Parliament and Council resolutions

. This

EU Labour Force Survey ad hoc module on employment of disabled people (LFS AHM), 2002.

EU Statistics on Income and Living Conditions (EU-SILC), 2004.

LFS AHM and EU- SILC 2007.

Agreed in 2007 and signed by all Member States and the EU; ratified by October 2010 by 16 Member

States (BE, CZ, DK, DE, ES, FR, IT, LV, LT, HU, AT, PT, SI, SK, SE, UK) while the rest are in the

process of doing so. The UN Convention will be binding on the EU and will form part of the EU legal

order.

Council Resolutions (SOC 375 of 2 June 2010) and 2008/C 75/01 and European Parliament Resolution

B6-0194/2009, P6_TA(2009)0334.

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Strategy provides a framework for action at European level, as well as with national action to

address the diverse situation of men, women and children with disabilities.

Full economic and social participation of people with disabilities is essential if the EU’s

Europe 2020 strategy

is to succeed in creating smart, sustainable and inclusive growth.

Building a society that includes everyone also brings market opportunities and fosters

innovation. There is a strong business case for making services and products accessible to all,

given the demand from a growing number of ageing consumers. For example, the EU market

for assistive devices (with an estimated annual value of over € 30 billion

) is still fragmented,

and the devices are expensive. Policy and regulatory frameworks do not reflect the needs of

people with disabilities adequately, neither do product and service development. Many goods

and services, as well as much of the built environment, are still not accessible enough.

The economic downturn has had an adverse impact on the situation of people with disabilities,

making it all the more urgent to act. This Strategy aims to improve the lives of individuals, as

well as bringing wider benefits for society and the economy without undue burden on industry

and administrations.

2. OBJECTIVES AND ACTIONS

The overall aim of this Strategy is to empower people with disabilities so that they can enjoy

their full rights, and benefit fully from participating in society and in the European economy,

notably through the Single market. Achieving this and ensuring effective implementation of

the UN Convention across the EU calls for consistency. This Strategy identifies actions at EU

level to supplement national ones, and it determines the mechanisms

needed to implement

the UN Convention at EU level, including inside the EU institutions. It also identifies the

support needed for funding, research, awareness-raising, statistics and data collection.

This Strategy focuses on eliminating barriers

. The Commission has identified eight main

areas for action: Accessibility, Participation, Equality, Employment, Education and

training, Social protection, Health, and External Action. For each area, key actions are

identified, with the overarching EU-level objective highlighted in a box. These areas were

selected on the basis of their potential to contribute to the overall objectives of the Strategy

and of the UN Convention, the related policy documents from EU institutions and the Council

of Europe, as well as the results of the EU Disability Action Plan 2003-2010, and a

consultation of the Member States, stakeholders and the general public. The references to

national actions are intended to supplement action at EU level, rather than to cover all

national obligations under the UN Convention. The Commission will also tackle the situation

of people with disabilities through the Europe 2020 strategy, its flagship initiatives and the

relaunch of the single market.

COM(2010) 2020.

Deloitte & Touche, Access to Assistive Technology in the EU, 2003, and BCC Research, 2008.

Article 33 UN Convention.

2006 Eurobarometer: 91

% find that more money should be spent on eliminating physical barriers for

people with disabilities.

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2.1. Areas for action

1 — Accessibility

'Accessibility' is defined as meaning that people with disabilities have access, on an equal

basis with others, to the physical environment, transportation, information and

communications technologies and systems (ICT), and other facilities and services. There are

still major barriers in all of these areas. For example, on average in the EU-27, only 5% of

public websites comply fully with web accessibility standards, though more are partially

accessible. Many television broadcasters still provide few subtitled and audio-described

programmes

Accessibility is a precondition for participation in society and in the economy, but the EU still

has a long way to go in achieving this. The Commission proposes to use legislative and other

instruments, such as standardisation, to optimise the accessibility of the built environment,

transport and ICT in line with the Digital Agenda and Innovation Union flagships. Based on

smarter regulation principles, it will explore the merits of adopting regulatory measures to

ensure accessibility of products and services, including measures to step up the use of public

procurement (proven to be very effective in the US

). It will encourage the incorporation of

accessibility and ‘design for all’ in educational curricula and training for relevant professions.

It will also foster an EU-wide market for assistive technology. Following further consultations

with Member States and other stakeholders, the Commission will consider whether to propose

a ‘European Accessibility Act’ by 2012. This could include developing specific standards for

particular sectors to substantially improve the proper functioning of the internal market for

accessible products and services.

EU action will support and supplement national activities for implementing accessibility and

removing existing barriers, and improving the availability and choice of assistive

technologies.

Ensure accessibility to goods, services including public services and assistive devices for

people with disabilities.

2 — Participation

There are still many obstacles preventing people with disabilities from fully exercising their

fundamental rights - including their Union citizenship rights - and limiting their participation

in society on an equal basis with others. Those rights include the right to free movement, to

choose where and how to live, and to have full access to cultural, recreational, and sports

activities. For example a person with a recognised disability moving to another EU country

can lose access to national benefits, such as free or reduced-cost public transport.

The Commission will work to:

– overcome the obstacles to exercising their rights as individuals, consumers, students,

economic and political actors; tackle the problems related to intra-EU mobility and

facilitate and promote the use of the European model of disability parking card;

EC (2007), SEC(2007) 1469, p. 7.

Section 508 of Rehabilitation Act and Architectural Barriers Act.

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– promote the transition from institutional to community-based care by: using Structural

Funds and the Rural Development Fund to support the development of community-based

services and raising awareness of the situation of people with disabilities living in

residential institutions, in particular children and elderly people;

– improve the accessibility of sports, leisure, cultural and recreational organisations,

activities, events, venues, goods and services including audiovisual ones; promote

participation in sports events and the organisation of disability-specific ones; explore ways

of facilitating the use of sign language and Braille in dealing with the EU institutions;

address accessibility to voting in order to facilitate the exercise of EU citizens' electoral

rights; foster the cross-border transfer of copyright works in accessible format; promote

use of the scope for exceptions provided by the Directive on copyright

EU action will support national activities to:

– achieve the transition from institutional to community-based care, including use of

Structural Funds and the Rural Development Fund for training human resources and

adapting social infrastructure, developing personal assistance funding schemes, promoting

sound working conditions for professional carers and support for families and informal

carers;

– make sports, leisure, cultural and recreational organisations and activities accessible, and

use the possibilities for exceptions in the Directive on copyright.

Achieve full participation of people with disabilities in society by:

- enabling them to enjoy all the benefits of EU citizenship;

- removing administrative and attitudinal barriers to full and equal participation;

- providing quality community-based services, including access to personal assistance.

3 — Equality

Over half of all Europeans consider discrimination on grounds of disability or age to be

widespread in the EU

. As required by Articles 1, 21 and 26 of the EU Charter and by

Articles 10 and 19 TFEU, the Commission will promote the equal treatment of people with

disabilities through a two-pronged approach. This will involve using existing EU legislation

to provide protection from discrimination, and implementing an active policy to combat

discrimination and promote equal opportunities in EU policies. The Commission will also pay

attention to the cumulative impact of discrimination that people with disabilities may

experience on other grounds, such as nationality, age, race or ethnicity, sex, religion or belief,

or sexual orientation.

It will also ensure that Directive 2000/78/EC

banning discrimination in employment is fully

implemented; it will promote diversity and combat discrimination through awareness-raising

Directive 2001/29/EC. A Stakeholder Memorandum of Understanding signed on 14.9.2009.

Special Eurobarometer 317.

Council Directive 2000/78/EC (OJ L 303, 2.12.2000, p. 16).

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campaigns at EU and national level, and support the work of EU-level NGOs active in the

area.

EU action will support and supplement national policies and programmes to promote equality,

for instance by promoting the conformity of Member State legislation on legal capacity with

the UN Convention.

Eradicate discrimination on grounds of disability in the EU.

4 — Employment

Quality jobs ensure economic independence, foster personal achievement, and offer the best

protection against poverty. However, the rate of employment for people with disabilities is

only around 50%

. To achieve the EU’s growth targets, more people with disabilities need to

be in paid employment on the open labour market. The Commission will exploit the full

potential of the Europe 2020 Strategy and its Agenda for new skills and jobs by providing

Member States with analysis, political guidance, information exchange and other support. It

will improve knowledge of the employment situation of women and men with disabilities,

identify challenges and propose remedies. It will pay particular attention to young people with

disabilities in their transition from education to employment. It will address intra-job mobility

on the open labour market and in sheltered workshops, through information exchange and

mutual learning. It will also address the issue of self employment and quality jobs, including

aspects such as working conditions and career advancement, with the involvement of the

social partners. The Commission will step up its support for voluntary initiatives that promote

diversity management at the workplace, such as diversity charters signed by employers and a

Social Business Initiative.

EU action will support and supplement national efforts to: analyse the labour market situation

of people with disabilities; fight those disability benefit cultures and traps that discourage

them from entering the labour market; help their integration in the labour market making use

of the European Social Fund (ESF); develop active labour market policies; make workplaces

more accessible; develop services for job placement, support structures and on-the-job

training; promote use of the General Block Exemption Regulation

which allows the granting

of state aid without prior notification to the Commission.

Enable many more people with disabilities to earn their living on the open labour market.

5 — Education and training

In the 16-19 age group the rate of non-participation in education is 37

% for considerably

restricted people, and 25

% for those restricted to some extent, against 17

% for those not

restricted

. Access to mainstream education for children with severe disabilities is difficult

and sometimes segregated. People with disabilities, in particular children, need to be

integrated appropriately into the general education system and provided with individual

support in the best interest of the child. With full respect for the responsibility of the Member

LFS AHM 2002.

Commission Regulation (EC) No 800/2008 (OJ L 214, 9.8.2008, p. 3).

LFS AHM 2002.

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States for the content of teaching and the organisation of education systems, the Commission

will support the goal of inclusive, quality education and training under the Youth on the Move

initiative. It will increase knowledge on levels of education and opportunities for people with

disabilities, and increase their mobility by facilitating participation in the Lifelong Learning

Programme.

EU action will support national efforts through ET 2020, the strategic framework for

European cooperation in education and training

, to remove legal and organisational barriers

for people with disabilities to general education and lifelong learning systems; provide timely

support for inclusive education and personalised learning, and early identification of special

needs; provide adequate training and support for professionals working at all levels of

education and report on participation rates and outcomes.

Promote inclusive education and lifelong learning for pupils and students with disabilities.

6 –Social protection

Lower participation in general education and in the labour market lead to income inequalities

and poverty for people with disabilities, as well as to social exclusion and isolation. They

need to be able to benefit from social protection systems and poverty reduction programmes,

disability-related assistance, public housing programmes and other enabling services, and

retirement and benefit programmes. The Commission will pay attention to these issues

through the European Platform against Poverty. This will include assessing the adequacy and

sustainability of social protection systems and support through the ESF. In full respect of the

competence of the Member States, the EU will support national measures to ensure the quality

and sustainability of social protection systems for people with disabilities, notably through

policy exchange and mutual learning.

Promote decent living conditions for people with disabilities.

7 — Health

People with disabilities may have limited access to health services, including routine medical

treatments, leading to health inequalities unrelated to their disabilities. They are entitled to

equal access to healthcare, including preventive healthcare, and specific affordable quality

health and rehabilitation services which take their needs into account, including gender-based

needs. This is mainly the task of the Member States, which are responsible for organising and

delivering health services and medical care. The Commission will support policy

developments for equal access to healthcare, including quality health and rehabilitation

services designed for people with disabilities. It will pay specific attention to people with

disabilities when implementing policies to tackle health inequalities; promote action in the

field of health and safety at work to reduce risks of disabilities developing during working life

and to improve the reintegration of workers with disabilities

; and work to prevent those

risks.

Council conclusions of 12 May 2009 on ET 2020 (OJ C 119, 28.5.2009, p. 2).

EU Strategy on Health and Safety at Work 2007-2012 - COM(2007) 62.

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EU action will support national measures to deliver accessible, non-discriminatory health

services and facilities; promote awareness of disabilities in medical schools and in curricula

for healthcare professionals; provide adequate rehabilitation services; promote mental health

services and the development of early intervention and needs assessment services.

Foster equal access to health services and related facilities for people with disabilities.

8 — External action

The EU and the Member States should promote the rights of people with disabilities in their

external action, including EU enlargement, neighbourhood and development programmes.

The Commission will work where appropriate within a broader framework of non

discrimination to highlight disability as a human rights issue in the EU’s external action; raise

awareness of the UN Convention and the needs of people with disabilities, including

accessibility, in the area of emergency and humanitarian aid; consolidate the network of

disability correspondents, increasing awareness of disability issues in EU delegations; ensure

that candidate and potential candidate countries make progress in promoting the rights of

people with disabilities and ensure that the financial instruments for pre-accession assistance

are used to improve their situation.

EU action will support and complement national initiatives to address disability issues in

dialogues with non-member countries, and where appropriate include disability and the

implementation of the UN Convention taking into account the Accra commitments on aid-

effectiveness. It will foster agreement and commitment on disability issues in international

fora (UN, Council of Europe, OECD).

Promote the rights of people with disabilities within the EU external action.

2.2. Implementation of the Strategy

This Strategy requires a joint and renewed commitment of the EU institutions and all Member

States. The actions in the main areas above need to be underpinned by the following general

instruments:

1 — Awareness-raising

The Commission will work to ensure that people with disabilities are aware of their rights,

paying special attention to accessibility of materials and information channels. It will promote

awareness of ‘design for all’ approaches to products, services and environments.

EU action will support and supplement national public awareness campaigns on the

capabilities and contributions of people with disabilities and promote exchange of good

practices in the Disability High Level Group (DHLG).

Raise society’s awareness of disability issues and foster greater knowledge among people

with disabilities of their rights and how to exercise them.

2 — Financial support

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The Commission will work to ensure that EU programmes in policy areas relevant to people

with disabilities offer funding possibilities, for example in research programmes. The cost of

measures to enable people with disabilities to take part in EU programmes should be eligible

for reimbursement. EU funding instruments, particularly the Structural Funds, need to be

implemented in an accessible and non-discriminatory way.

EU action will support and supplement national efforts to improve accessibility and combat

discrimination through mainstream funding, proper application of Article 16 of the Structural

Funds General Regulation

, and by maximising requirements regarding accessibility in

public procurement. All measures should be implemented in accordance with European

competition law, in particular State aid rules.

Optimise use of EU funding instruments for accessibility and non-discrimination and

increase visibility of disability-relevant funding possibilities in post-2013 programmes.

3 — Statistics and data collection and monitoring

The Commission will work to streamline information on disability collected through EU

social surveys (EU Statistics on Income and Living Conditions, Labour Force Survey ad hoc

module, European Health Interview Survey), develop a specific survey on barriers for social

integration of disabled people and present a set of indicators to monitor their situation with

reference to key Europe 2020 targets (education, employment and poverty reduction). The EU

Fundamental Rights Agency is requested to contribute to this task, within the framework of its

mandate, by data collection, research and analysis.

The Commission will also establish a web-based tool giving an overview of the practical

measures and legislation used to implement the UN Convention.

EU action will support and supplement Member States’ efforts to collect statistics and data

that reflect the barriers preventing people with disabilities from exercising their rights.

Supplement the collection of periodic disability-related statistics with a view to monitoring

the situation of persons with disabilities.

4 — Mechanisms required by the UN Convention

The governance framework required under Article 33 of the UN Convention (focal points,

coordination mechanism, independent mechanism and involvement of people with disabilities

and their organisations) needs to be addressed on two levels: vis-à-vis the Member States in a

wide range of EU policies, and within EU institutions. At EU level, mechanisms for

coordination based on existing facilities will be established both between the Commission

services and the EU institutions, and between the EU and the Member States. The

implementation of this Strategy and of the UN Convention will be regularly discussed at the

DHLG with representatives of the Member States and their national focal points, the

Commission, disabled people and their organisations and other stakeholders. It will continue

to provide progress reports for informal ministerial meetings.

Council Regulation (EC) No 1083/2006 (OJ L 210, 31.7.2006, p. 25).

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Also, a monitoring framework including one or more independent mechanisms will be

established to promote, protect and monitor implementation of the UN Convention. After the

UN Convention is concluded and after considering the possible role of a number of existing

EU bodies and institutions, the Commission will propose a governance framework without

undue administrative burden to facilitate implementation of the UN Convention in Europe.

By the end of 2013, the Commission will report on progress achieved through this Strategy,

covering implementation of actions, national progress and the EU report to the UN

Committee on the Rights of Persons with Disabilities

. The Commission will use statistics

and data collection to illustrate changes in disparities between people with disabilities and the

population as a whole, and to establish disability-related indicators linked to the Europe 2020

targets for education, employment and poverty reduction. This will provide an opportunity to

revise the Strategy and the actions. A further report is scheduled for 2016.

3. CONCLUSION

This Strategy is intended to harness the combined potential of the EU Charter of Fundamental

Rights, the Treaty on the Functioning of the European Union, and the UN Convention, and to

make full use of Europe 2020 and its instruments. It sets in motion a process to empower

people with disabilities, so that they can participate fully in society on an equal basis with

others. As Europe’s population ages, these actions will have a tangible impact on the quality

of life of an increasingly large proportion of its people. The EU institutions and the Member

States are called upon to work together under this Strategy to build a barrier-free Europe for

all.

Articles 35 and 36 UN Convention.