Transcript Generating EU Added-Value Building Bridges between UN CRPD, Rights of the Elderly & EU Structural Funds Gerard Quinn ‘Community Living for All’ 3 May,

Generating EU Added-Value
Building Bridges between UN CRPD, Rights of the Elderly & EU Structural Funds
Gerard Quinn
‘Community Living for All’
3 May, 2013. NUI Galway
www.nuigalway.ie/cdlp
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1.
The Link between the UN CRPD, Rights of the Elderly and the EU Structural Funds
2.
Proposals for New Regulations & Current
Status of Negotiations…..
3.
Issues for Decision…..
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1.
The Link between the UN CRPD and the Structural Funds
2010 EU Ratification or ‘confirmation’ – Means the EU is subject to general obligation
to repeal/amend inconsistent laws & policies & adopt new ones (Art 4 UN CRPD)
2009 Decision of the EU to Confirm + Declaration of Competencies – explicitly includes
Structural Funds – Annex II to Declaration of Competence
One EU Member States already identified by UN Committee for ‘misuse’ of
EU Structural Funds - it is inevitable that EU itself will be probed hard by UN Committee
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2.
Proposals for New Regulations & Current
Status of Negotiations
Backdrop: EU 2020 strategy for a ‘smart, sustainable and inclusive’
economy and society’ – Structrual Funds MUST be Aligned
Flagship Initiative on a European Platform against Poverty
“Design and implement programmes to promote social innovation
for the most vulnerable…
Define and implement measures addressing the specific
circumstances of groups at particular risk (such as…elderly women,
people with a disability”
The Draft Regulation Proposed by Commission
New Programming Period due 2014-2020
A:
Draft General Regulation
B:
Draft Regulation - European Regional Development Fund (ERDF)
C:
Draft Regulation - European Social Fund (ESF).
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A: Draft General Regulation sets out 11 Strategic/Thematic Priorities Plus One General \
Cross-Cutting Theme on Discrimination. COM (2011) 615 final.
Annex IV to draft Gen Reg contains the ‘Ex Ante Conditionalities’ per Strategic
Priority/Theme
Each ‘Ex ante Conditionality’ has Criteria of Fulfillment to help assess compliance
Two Ex Ante Conditionalities are explicitly relevant to Disability
- 10th Thematic Priority – Promoting Social Inclusion & Combatting Poverty
- General Thematic Priority – Discrimination – including Disability
PROCESS: Member States self-assess compliance in first instance
BUT
European Commission can suspend payments for persistent breach [Art 17.3]
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Draft Gen Reg
First Relevant Ex Ante Conditionality
Thematic Priority 10 – ‘Promoting Social Inclusion & Combatting Poverty’
10.1. Active Inclusion: Integration of marginalized communities
such as the Roma.
Ex ante Conditionality:
“the existence and implementation of a national strategy for poverty reduction
in accordance with [….Comm Recd….] on the active inclusion of people excluded from the
Labour market
Criteria of Fullfillment:
“A national strategy for poverty reduction is in place that”
…
“- Includes measures for the shift from residential to community based care”
[COUNCIL REJECTED THIS]
and
“- in accordance with the national poverty and social exclusion targets
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which includes the extension of employment opportunities for disadvantaged groups…”:
Draft Gen Reg
Second Relevant Ex Ante Conditionality
General Ex Ante Conditionality – Process Oriented
3.
Disability [COUNCIL REJECTS in toto – as being too remote from objectives of
Structrual Funds]
Condition…
‘The existence of a mechanism which ensures effective implementation
And application of the UN CRPD’
Criteria for Fulfillment:
“- implementation of measures I line with Art 9 of the UN CRPD [accessibility]
- institutional arrangements for the implementation and supervision of the UN
Convention in line with Art 33 (UN CRPD)
- a plan for training and dissemination of information for staff…involved in
implementation of funds
- measures to strengthen administrative capacity for implementation & and
application of the CRPD including appropriate arrangements for monitoring
compliance with accessibility requirements”
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B:
Draft Regs
European Regional Development Fund.
Com (2011) 614 final
Thematic Priorities:
- Investment in Social, Health and Educational Infrastructure
- Networking cooperation and exchange of experiences between regions, towns
and economic actors
------------Art 5.(9). “investing in health and social infrastructure which contribute to
national, regional and local development. Reducing inequalities in terms of health
Status
And
Transition from institutional to community-based services.
Art. 7 Sustainable urban development.
[BUT NO EX ANTE CONDITIONALITY and NO ASSESSMENT by COMMISSION]
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C: Draft Regulation for European Social Fund (ESF)
COM (2011) 617 final
Preambular Para 11
“the implementation of priorities financed by ESF should
support the fulfillment of obligations under UN CRPD with regard to
work, education and employment.
The ESF should also promote the transition from institutional to
community-based care”
Art 2…
(1) Promoting employment…[and] access to employment for job-seekers
and inactive people
Art 3.
[Funds shall] “ include disadvantaged groups such as people with disabilities”
Art 8.
[ESF] shall promote equal opportunities for all…and people at risk of discrimination and
people with disabilities …with a view to increasing labour market participation…
And….transitioning from institutional to community-based care
[BUT NO EX ANTE CONDITIONALITY and NO ASSESSMENT by COMMISSION]
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Current Status of Negotiations………../
General Affairs Council [24 April 2012] REJECTED disability portion of Theme 10 and
1.2.3 ex Ante Conditionalities under General ‘ex ante conditionalities’
Council did not propose changes to draft ESF and ERDF Regulations.
European Parliament opened up mandate for TRIALOGUE negotiations been Council
Commission & Parliament: November 2012.
Has taken place on :
4 December 2012
27 February 2013
18 March 2013
PROCESS is now at Political level under aegis of Irish Presidency
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3.
Issues for Decision…..
Should the concept of ‘transitioning from institutions to community-based services’
be re-instated into the draft General Regulation?
Should the disability-specific language in Thematic Heading ‘General ex Ante
Conditionalities’ on effective implementation/monitoring of the UNCRPD be re-instated?
If ex ante conditionalities cannot be re-instated is there something else that could
be inserted with equal effect?
Do the Regs do enough to advance the rights of older people?
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“The European Union (EU) is facing a major
test of its sincerity and commitment to the UN
Convention on the Rights of Persons with Disabilities (CRPD). Current and positive proposals
from the European Commission designed to
bring EU Structural Funds into alignment with
the CRPD are under pressure from Council.
Failure to take the CRPD seriously will
needlessly expose the EU – and its member
states – to international legal liability if the
Funds are used to build new institutions. And
such failure will amount to a wasted
opportunity to harness the Funds to ease a
major process of transition needed to embed
the right to community living for all.”
Quinn & Doyle, Equal Rights Review, London,
2012.
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