The EU´s upcomming conclusion of the UN Convention on the Rights of Persons with Disabilities. Practical implications and governance issues for the EU, its

Member States and its institutitions

Inmaculada Placencia PorreroDeputy Head of Unit

DG Employment social affairs and equal opportunitiesEuropean Commission

Inmaculada.placencia-porrero@ec.europa.eu

Disability Action plan 2003-2010

• 3 Communications on the situation of persons with disabilities:– COM/2003/650– COM/2005/604– COM 2007/738

• 3 pillars– Antidiscrimination– Mainstreaming– Accessibility

• Significant results at EU level

The UN Convention• 13 December 2006 Adoption by the General

Assembly• 30 March 2007 Signed by the European

Community• 3 May 2008 entry into force• Signed by all Member States• 20 MS signed OP• Ratified by 15 MS (also 12 the Option protocol)

(Austria, Belgium, Germany, France, Hungary, Italy, Portugal, Spain, Slovenia, Sweden, United Kingdom the Czech Republic, Denmark , Latvia and Slovakia)

EU perspective• Formal confirmation = legal engagement

proposals for the Council Decisions concerning the conclusion by the European Community of the UN Convention and the Optional Protocol

COM (2008) 530 text of the Decisions text of the Convention/Optional Protocol Annexes: declaration of competence + reservation

European Parliament (positive opinion) rapporteur Ms Rumiana Jeleva 24 April 2009 (legislative reports + resolution)

Council (ongoing) working group – COHOM 26 Nov 2009 – adoption of the Decision on the UNCRPD Code of Conduct under negotiation

Policy milestones: towards a new Strategy (1)

• First Ministerial meeting on Disabilities in 2007

• German Presidency conclusions:– Alignment of DAP and UNC– Involvement of HLG in the UN C implementation– Identification of common challenges and solutions

Policy milestones: towards a new Strategy (2)

• COM 2007/738 conclusion: commitment to tackle common challenges and solutions paves the way for national consistent and comparable targets to reflect the implementation of UNC

• Council Resolution (2008/ C 75/01) invites the Commission to begin work on a new European Disability strategy to succeed the current DAP assessing how national actions reflects EC and MS commitments to fully implement UNC and considering setting consistent and comparable national targets to that end.

UN Convention implementation

• Annual disability Minister meeting• Presidency Conclusions• Annual Disability High level Group report on

implementation http://ec.europa.eu/social/BlobServlet?docId=2790&langId=en

• Annual Information Notehttp://ec.europa.eu/social/main.jsp?catId=431&langId=en

• Annual Presidency Conference• European Disability Strategy: Present and future

Elements in the new strategy• Implementation UNC:

– Implementation thematic level– Implementation at formal level

• Coordination• focal point • independent mechanism

– Monitoring:• Statistics• Indicators and targets with dates• UNC report

• Thematic Actions for:– European Commission actions – Possible common actions at National level– Support implementation of the UN Convention requires.– EU institutions– Civil society

Commission proposals for conclusion (1)

• Proposal for a Council Decision concerning the conclusion (formal confirmation), by the European Community, of the United Nations Convention on the Rights of Persons with Disabilities COM (2008) 530-1

• Proposal for a Council Decision concerning the conclusion (accession), by the European Community, of the Optional Protocol to the United Nations Convention on the Right of Persons with Disabilities COM (2008) 530-2.

• 29 August 2008

• COHOM• Content

– Approval– Deposition of instrument– Commission organization issues related to art 33– Reporting– Representation– Procedural articles (amendment, denunciation)– Declaration of Competence– Reservation

Commission proposals for conclusion (2)Article 3

• The Commission to be the Focal point• Community institutions may establish a

coordination mechanism (ref to art 33.1 UNC)• Council to decide on Commission proposal for

establishment of independent mechanisms (ref to art 33.2 UNC)

Commission proposals for conclusion (3)Other issues

• Art 4 Commission to nominate expert to the Committee on behalf of the Community

• Art 5 MS to submit report to Commission on matters falling under EC competence.– Modus operandi by Commission

• Art 5 Community institutions to decide by common agreement on reporting

• Art 6 The Commission to represent the Community in UN bodies in areas falling under Community competence.

Commission proposals for conclusion (4)

• Optional protocol– Approval– Deposition of instrument– Obligation of mutual information and cooperation when

community law is involved – Submission of communications– Procedural articles (amendment, denunciation)– Declaration of Competence– Reservation

Council Decision Conclusion UNCRPD

26 November 2009: Council Decision 2010/48/EC concerning the conclusion (formal confirmation), by the European Community*, of the United Nations Convention on the Rights of Persons with Disabilities

Article 2 (deposit of instruments of formal confirmation) Article 3 (COM as the focal point) Article 4 (external representation, close cooperation) Articles 3 – 4 (Code of Conduct) Annex I (UNCRPD) Annex II (declaration of competence + appendix) Annex III (reservation)

Areas of competence of the Community

• Does not create new competences• The extent of the Community’s competence ensuing from these

acts must be assessed by reference to the precise provisions of each measure, and in particular, the extent to which these provisions establish common rules that are affected by the provisions of the Convention.

• regarding accessibility • in the field of independent living and social inclusion, work and

employment • in the field of personal mobility • regarding access to information • regarding statistics and data collection • in the field of international cooperation

Role of the EC• Regional Integration Organization art 44.1 UNC• Double implication of the UNCRPD

– Vis a vis MS (declaration of competences)– Community institutions (art 300.7 TEC)

• Art 33 organizations at both levels: EC as Regional Integrations organisations + EC Institution:– Focal point ( matters of implementation)– Independent mechanism (promote, protect and monitor

implementation)– Coordination mechanism (sectors and levels)– Civil society participation monitoring

• Governance (EC Participation to):– Conference of State Parties– Committee on the Rights of Persons with disabilities

EU perspective

• UNCRDP mixed agreement • European Union as a party to the Convention • declaration of competences

• Added value for implementation:

• EU law• 1) improves the coherence of the legal interpretations of overlapping

provisions of the UN Convention at the European level, and • 2) provides for uniform and minimal protection with regards to the

relevant obligations of the UN Convention, and also for the provision for legal enforcement mechanism

• Platform for exchange of good practices and mutual learning• 1) annual HLG Report on progress in implementation of the

UNCRPD,• 2) Work Forum for the EU focal points, coordination and

independent mechanisms for the UN Convention

Impact on European institutions

Double application:

within the Community competences across the EU (UN Convention) internally to the European institutions (Art 216.2 TFEU, ex 300.7

TEC)

Relevant provisions and obligations

Employment (Article 27) Accessibility (Article 9) Statistics and data collection (Article 31) Others...

Organization and actorsdisability matters EC

• High level group on disability• Inter service group on disability• DGs disability sector activities• Sectors High level groups• Disability units• Instruments:

– ISC– IA

• Other institutions– CWG, – EP – (inter institutional mechanism)

Considerations

• Link to article 31 on statistics and data collection

• Links to article 35 on reports by State Parties (measures, progress, 2 years )

• Committee shall decide guidelines for reports• Involvement persons with disabilities

(involvement and support)

Impact on HR Policy

Right to work on an equal basis with the others

Non-discrimination in all stages* and all forms** of employment Just and favourable working conditions Labour and trade union rights Access to guidance and training Reasonable accommodation Rehabilitation, job-retention, return-to-work

(Employment, Article 27)

Impact on European institutions

Enforcement of UNCRPD provisions:

Staff Regulations (Article 1d + Articles 90&91)

Civil Service Tribunal (Article 270 TFEU, ex Article 236 TEC)

Ombudsman (Article 228 TFEU, ex Article 195 TEC)

New disability strategy

• Implement the UNC• Common challenges and solutions• Indicators, targets,• NGOs support and involvement• Consultations for preparation• Work forum in 2010 coordination

Conclusion

• Cooperation with MS• Implementation within Community

institutions• Participation of civil society• Best practices