Transcript Slide 1

EU 2020 Strategy
‘Agenda for new skills and jobs’
flagship
• MS competence (But: EU employment rate 75 % by 2020
without joint efforts?)
• Four priorities – to raise meployment rates
(13 key actions with accompanying and preparatory measures)
• Better functioning labour markets
• (Flexicurity policies to modernise labour market)
• More skilled workforce
• investment in education and training systems, anticipation of
skills needs
•
Agenda for new skills and jobs’
flagship
• Better job quality and working conditions
No trade-off between quality and quantity of
employment. Improving quality of work and working
conditions.
• Stronger policies to promote job creation and
demand for labour
improve job -creating growth
EU-2020 Strategy
•
National Reform Programs
•
Indicators fo pwd
•
EDS – preparation of disability specific
indicator in the EMCO subgroup
•
Annual Assessment of Europe 2020 from
the aspects of pwd
•
LFS 2011 ad hoc module on employment of
persons with diability
UN Convention on
the rights of
persons with
disability
UN CRPD
• First human rights Convention of the 21st century
• Negotiated with active participation from the
international disability community
• As of 15 June: 101 ratifications worldwide, including
17 from EU countries (Austria, Belgium, Czech Republic,
Denmark, France, Germany, Hungary, Italy, Latvia,
Lithuania, Portugal, Romania, Slovakia, Slovenia, Spain,
Sweden, United Kingdom)
• Optional Protocol (allowing citizens to complain
about their rights violations to a UN Committee) was
ratified by all the above EU countries except Czech
Republic and Denmark.
UN CRPD and the EU
• The EU concluded the Convention (but not yet its Optional
Protocol) on 23 December 2010.
• It is responsible for its implementation within the limit of its
competences. The division of competences (based on the
TFEU) and responsibilities between the EU and its Member
States is outlined in the Code of Conduct. Most issues are
shared competence. Council Decision on the conclusion of the
Convention helpfully lists the EU legislation that has been
adopted on the Convention-related issues before.
• Revise the existing legislation in light of the Convention. The
obligation is rather to interpret it in light of the Convention and
make all new proposals Convention-proof.
IMPLEMENTATION FRAMEWORK
• Article 33 CRPD governs implementation
mechanisms. The following need to be
established:
– Focal point(s) within the government to lead the
implementation work.
– Coordination mechanism to facilitate action in
different sectors/levels (not an obligation under
CRPD but needs to be considered)
– Independent monitoring mechanism (for example, a
national human rights institution)
IMPLEMENTATION FRAMEWORK
• Active involvement of the civil society organizations,
particularly, of the organizations of persons with
disabilities, is woven throughout the Convention.
• All States Parties must report on implementation to the
UN CRPD Committee in Geneva. The first report is
due two years after the ratification; the subsequent
reports are due every four years.
• The civil society organizations are encouraged to
submit parallel (alternative/shadow) reports to the UN
CRPD Committee. It is advisable that only one civil
society report be submitted.
RECOMMENDATIONS
• Training for the employers’ organizations on the
practical implementation of reasonable
accommodation, public aid for RA, tax rebates, etc).
• Dispell the myth about the prohibitive cost of
reasonable accommodation.
CONTENT
• Move from medical model to social model of disability.
Reaffirmation of the human rights-based approach.
• “The Convention does not create any new rights but
only reaffirms and codifies the already existing ones”.
Or does it? What about the novel rights such as legal
capacity or the right to live in the community?
• General principles include respect for inherent dignity,
non-discrimination, participation and inclusion, equality
of opportunity, accessibility.
CONTENT
General obligations include:
• To adopt new measures (law and practice)
• To modify/abolish measures inconsistent with CRPD
• To mainstream disability
• To protect against violation of rights by third (private) parties
• To provide accessible information
• To progressively realize economic, social and cultural rights
• To involve DPOs
• NOT to reduce protection if national measures are more
ambitious than the Convention
CRPD - Employment
• Article 27 is not revolutionary. Many (most?)
European countries should already have it in their
legislation after the adoption of the Council Directive
2000/78/EC of 27 November 2000, establishing a
general framework for equal treatment in
employment and occupation.
• However, it is widely known that people with
disabilities still don’t have access to employment on
an equal basis with non-disabled people. See EDF
report of 2010.
CRPD - Employment
1. States Parties recognize the right of persons with
disabilities to work, on an equal basis with others ; this
includes the right to the opportunity to gain a living by
work freely chosen or accepted in a labour market and
work environment that is open, inclusive and accessible
to persons with disabilities. States Parties shall
safeguard and promote the realization of the right to
work, including for those who acquire a disability during
the course of employment, by taking appropriate steps,
including through legislation , to, inter alia:
CRPD - Employment
• Implementation must be improved. Think of creative
ways to implement it! Article 27 gives some useful
tips (paragraphs h) to k) of it)
• h) Promote the employment of persons with
disabilities in the private sector through appropriate
policies and measures, which may include
affirmative action programmes, incentives and other
measures ; (What measures could be used? Take
advantage of the opportunities provided by the
European Social Fund, the General Block Exemption
Regulation, EURES, etc.)
CRPD - Employment
• i) Ensure that reasonable accommodation is
provided to persons with disabilities in the workplace;
• j) Promote the acquisition by persons with disabilities
of work experience in the open labour market;
• k) Promote vocational and professional rehabilitation,
job retention and return-to-work programmes for
persons with disabilities.
CRPD - Employment
• Article 27 cannot be looked at in a vacuum. Other
important articles are Accessibility (9), Community
living (19), Education (24)….
Implementation of
the EU Employment
Directive
2000-2010
IMPLEMENTATION OF THE
EMPLOYMENT DIRECTIVE
Questionnaire launched by EDF to its members(2010)
• Pwds are not aware of their rights;
• Awareness about the Directive is also low among the
employers and lawyers;
• Understanding of RA is limited among all involved parties;
• Most DPOs provide advice to victims of discrimination but
few have the capacity to give systematic legal advice;
RECOMMENDATIONS
Awareness raising and training
•
information campaigns and training targeting persons
with disabilities and employers
•
to disseminate the message about the right to equality
and reasonable accommodation in employment to
persons with disabilities in a simple accessible
language
•
use local disability organizations as a primary contact
in case of suspected discrimination, the capacity of
such organizations should urgently be reinforced
RECOMMENDATIONS
Legal framework
•
activation of the maximum available labour force in
Member States - a wise long-term investment
•
interrelatedness of discrimination in the labour market
with inequalities experienced by pwd - the legislative
framework must be reinforced to maximize the
protections of the Directive
•
EU level:accessibility of goods and services to be better
addressed (incentives to the industry to comply with)
•
MS level: education, community living, transportation
RECOMMENDATIONS
Defence of rights
•
Access to free legal aid
• The associations representing victims of
discrimination must be given appropriate legal
status allowing them to represent person before
tribunals.
•
Reinforcement of mandates of equality bodies and
ombudspersons.
RECOMMENDATIONS
Civil dialogue
• DPOs- hub of information, important focal point for
victims of discrimination.
• No decision to be taken without DPOs active and
direct involvement
• Meaningful civil dialogue is impossible without
strong well-resourced DPOs. To be seen as an
investment into the human and political capital of
every Member State.
RECOMMENDATIONS
SOCIAL DIALOGUE
•
trade unions and the employers’ associations
should not be forgotten
•
the Directive in the spirit of common benefit is
much more effective
•
advertising the benefits of equality to the
employers and unions. This is the role for both
national governments and the European
Commission.
Thank you
for your kind attention!