Transcript Stakeholder Approach

Workshop on social inclusion of
disabled people
Overview legislation
30-31 October 2006
Sofia, Bulgaria
Luk Zelderloo
EASPD
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Introduction
Source:
• United Nations
• Council of Europe
• European Union
Issues tackled:
- Human rights
- Inclusion
- Education
- Discrimination
- Employment
- Equal rights
- Full integration of PWD in society
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Relevant policy documents
3 main documents:
• UN convention
- agreement in Committee (August 2006)
- legally binding
- follow-up of the UN standard rules
• Council of Europe Action Plan on Disability
- launched in St. Petersburg (September 2006)
- concrete follow-up will be organised by a monitoring committee
• EU Equal Opportunities for PWD: a European action
plan
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Main messages
• PWD are a person like everybody else with the right to
participate in society, contribute to it and enjoy it;
• A disability is a social construct. The challenge for society
is to find solutions to bypass it;
• Shift from a medical (focus on disability) towards a human
rights based approach (focus on abilities);
• Accessibility of society, major lever for participation in
society;
• Availability of support systems and services;
facilitates inclusion (if possible in mainstream, if needed
specialised);
• Legal protection against discrimination in al aspects of life4
Main relevant EC regulations & policy
documents
• Regulation EC/1083/2006 on the Structural
Funds;
• Regulation EC/1081/2006 on the European Social
Fund;
• The Charter of fundamental rights of the EU Nice
- 2000 O.J. (C364);
• Social Policy Chapter of the Treaty establishing
the European Community: Art. 136 and 137
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Regulation EC/1083/2006 on Structural
Funds
It covers:
 European Social Fund (ESF)
 European Regional Development Fund (ERDF)
 Cohesion Fund
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EC/1083/2006
It defines:





objectives;
criteria for Member States and regions;
financial resources and criteria for allocation;
method for establishing the Community strategic
guidelines and national strategic reference
framework;
principles on rules, partnership, programming,
evolution, monitoring, management.
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EC/1083/2006: Objectives
Overall objectives:
 Strengthen the economic growth and social
cohesion;
Sustainable development;
Reducing the economic, social and territorial
disparities.
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EC/1083/2006: Objectives (specific)
Specific objectives:
 Convergence objective (least developed
MS) (ESF-EDRF-Cohesion Fund);
Regional competitiveness and employment
objectives (ERDF-ESF);
Territorial cooperation objective (ERDF);
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EC/1083/2006: funding and geographical
eligibility
I.


II.
Convergence (84.5%)
GDP less than 75% of EU 25 (ESFERDF) (NUTS level 2)
Cohesion Fund: gross national income
(GNI) per capita less than 90% of EU 25
Regional competitiveness and
employment
(15,95%) others
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EC/1083/2006: funding and geographical
eligibility
III. Territorial cooperation (2.52 %)
 Cross-border: NUTS level 3/150 km
 Transnational cooperation: list per
programme
IV. Technical assistance (0.25 %)
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EC/1083/2006: principles
I. 4 C’s: Complementarily (subsidiarity) & additionality)
Consistency (community strategic guidelines)
Coordination;
Compliance
II. Partnership
 GOs & NGOs & social partners ... covering preparation,
implementation, monitoring and evolution of operational
programmes
III. Shared management EU/Member states;
IV. Gender equality,non-discrimination, accessibility for
PWD;
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EC/1083/2006: implementation
Community strategic guidelines
National strategic reference framework
(1/01/2007 – 31/12/ 2013)
Operational programmes
Programme management and project selection
Strategic follow-up and annual debate
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EC/1083/2006: Community strategic
guidelines 2007- 2013
I.
I.
I.
Make Europe and its regions more attractive places to invest
ex. – expand and improve transport infrastructure, etc.
...
Improve knowledge and innovation for growth
ex. Facilitate innovation and promote entrepreneurship
...
More and better jobs
ex. Attract and retain more people in employment, modernise
social protection systems, build administrative capacity, increase
investment in human capital through better education skills
...
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Regulation EC/1081/2006 on the European
Social Fund (ESF)
Priorities:
I. Adaptability of workers, enterprises and entrepreneurs

LLL

Quality jobs
II. Access to employment and inclusion in the labour market

Modernisation of the labour market

Early identification of needs

Gender issues

Increase the participation of migrants
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Regulation EC/1081/2006 ESF
III. Social inclusion of disadvantaged people
 Integration and re-integration
 Diversity in the workplace
 Reforms in training and education
 Networking
IV. Partnership & stakeholder cooperation
V. Investment in human capital
VI. Capacity building and public administration
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Regulation EC/1081/2006 ESF
Special attention paid to:
Governance and partnership;
Gender equality and equal opportunities;
Innovation;
Contribution to European Employment Strategy
(EES)
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The Charter of Fundamental Rights of the
EU Nice Treaty - 2000 O.J. (C364);
Aim: consolidate fundamental rights applicable at EU level
in a single document;
proclaimed by the Nice European Council on 7th
December 2000;
based on:
a) community treaties,
b) international conventions (such as European Convention
on Human Rights 1950), 1989 European Social Charter
c) Constitutional traditions common to MS, various
EP declarations...
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The Charter of Fundamental Rights
- the Constitution integrates the Charter and gives
the Union the right to accede to the European
Convention on Human Rights (ECHR)
It covers:
 Civil and political rights, worker’s social rights,
data protection, bioethics, the right to good
administration, economic rights of all European
citizens and persons resident in EU
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Charter of Fundamental Rights: content
6 sections:
 Dignity
 Freedoms
 Equality
 Solidarity
 Citizen’s rights
 Justice
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Charter of Fundamental Rights:content
I. Dignity:
– recognition of human dignity (art. 1), right to life (art.
2), right to the integrity of the person (art. 3)...
II. Freedoms:
- recognition of the right to liberty and security (art. 6),
respect for private and family life (art. 7), right to marry
and right to found a family (art. 9), right to education (art.
14), freedom to choose an occupation and right to
engage in work (art. 15)...
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Charter of Fundamental Rights: content
III. Equality:
- recognition of non-discrimination (art. 21), gender
equality (art. 23), recognition of the need of integration
of persons with disabilities into society (art. 26)...
IV. Solidarity:
- right of access to placement services (art. 29), fair and
just working conditions (art. 31), the recognition of
family and professional life (art. 33), the need to ensure
social security and social assistance (art. 34), health care
(art. 35)...
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Charter of Fundamental Rights: content
V. Citizen’s rights:
- right to vote and to stand as a candidate at municipal
elections (art. 40) , right to good administration (art. 41),
freedom of movement and of residence (art. 45)...
VI. Justice:
- right to an effective remedy and to a fair trial (art. 47),
presumption of innocence (art.48) ...
...and last chapter with general provisions;
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Art.136 & Art. 137 of the Treaty
establishing the European Communities
the Treaty establishing the European Communities – amended by the
Treaty of Amsterdam (consolidated Treaty)
Developments:
- more coordinated approach of social policy;
- fight against social exclusion is officially accepted as EU policy
area;
Content:
- the Part III of the Treaty covers community policies;
- Title XI covers social policy, education, vocational training and youth;
- following the Treaty of Amsterdam, all social policy measures can be
adopted on the basis of Part. III, Title XI on Social Policy concerning
the social provisions of social policy, education, vocational training
and youth
- Art. 136 and Art. 137 included in part III, Title XI of the Treaty
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- Art. 136 to Art. 145: Chapter 1 “Social Provisions”
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Art. 136: Chapter 1 ‘Social Provisions’
- Aim: fight against social exclusion
- sets European labour law within the context of fundamental social
rights, making reference to European Social Charter;
- development of a social policy which results also from intervention at
the Community level (and not only functioning of the common market)
- encourages cooperation and coordination between MS, in particular
with regards to:
a) labour law & working conditions
b) vocational training,
c) social security...
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Art. 137: Chapter 1 “Social provisions”
-
Provides for Community involvement in promoting the social aims
outlined in art. 136;
-
The Council by QM vote ( co-decision) to adopt measures relating to
equality between men and women with regard to labour market
opportunities and treatment at work;
-
Explicitly calls for measures to support the battle against social
exclusion;
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Thank you for your attention!
EASPD
Av. d’Auderghem 63 / Oudergemlaan 63
B – 1040 Brussels
Tel +32 2 282 46 10 – Fax +32 2 230 72 33
www.easpd.org - [email protected]!
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