Non discrimination: Policy issues
Introduction : what is discrimination and
why fight against it ?
Prejudice - Discrimination occurs when people disregard that
disabled people are foremost human beings with abilities and make
premature conclusions based on disabled peoples impairments.
Medical model versus social model - The old medical approach
was largely based on pity and the emphasis was on correcting the
impairment and rehabilitating the individual so they may " fit in
" to society. Today a new model of thinking is breaking grounds
where disability is seen as a social construct. This social model
acknowledges the discriminatory barriers in society and argues for that
society must be modified to include and accommodate the needs of all
persons, including people with disabilities.
Human rights - However, disabled people are still on a daily
basis being discriminated against in various sectors, for example :
employment, education, transport and free movement, access to goods and
services etc, and as long as these discriminatory barriers exist,
disabled people can not exercise their rights and freedoms. To be
treated equally and to not be discriminated against is a human rights
issue and it can not be considered as being within a human rights
approach to tolerate any kind of discrimination. People with
disabilities are demanding equal opportunities and access to all
societal resources.
EDFs main priorities
EDF work closely with its members in order to ensure a proper
implementation at national level of the EU directive on equal treatment
in employment and occupation. Although combating discrimination within
the field of employment is important, it is not EDFs only objective.
Discrimination do not only occur in the field of employment. EDF has
therefore started to prepare a draft proposal for a European disability
specific directive as a contribution to the launch of a more
comprehensive legislation at EU level as well as at national level. EDF
expect to be able to present its final proposal for relevant
stakeholders in September.
Read more information below on the
implementation of the EU directive on equal treatment in employment and
occupation and the need for a more
comprehensive non-discrimination legislation
The implementation of the EU directive on
equal treatment in employment and occupation
The EU directive on equal treatment in employment and occupation was
adopted in the Council 27 November 2000 and published in the Official
Journal 2 December 2000. The Directive prohibits discrimination in the
field of employment on several grounds, including disability.
Once properly implemented the Directive can act as a powerful tool,
not only to combat discrimination but also to enhance disabled people's
position in the labour market in general. EDF work closely with its
members in order to promote a good implementation of the Directive at
national level. One of the tools for promoting a good implementation of
the Directive is a newly prepared questionnaire by EDF for its members,
which also constitutes an awareness raising tool of the importance of a
non discrimination approach.
On 7-8th of February 2002, EDF held a non-discrimination seminar in
Brussels. A part of this seminar was devoted to the EU directive on
equal treatment in employment and occupation and on the issue on how to
promote and ensure a proper implementation of the Directive.
Relevant documents :
- Council Directive establishing a general framework for
equal treatment in employment and occupation (available only in
PDF-format; other languages upon request at info@edf-feph.org).
EN
FR
DE
ES
- Analysis of the EU Directive On Equal Treatment in Employment and
Occupation (PDF
- Text
only)
- Disability Discrimination : The Need to Amend the Employment
Equality Act 1998 in light of the EU Framework Directive on
Employment (PDF
- Text
Only)
- The UK consultation document analyses the DDA in the light of the
Employment Directive. Chapter 14 of this document refers to some
specific issues on Disability. This document is available on the UK
Government web site : http://www2.dti.gov.uk/er/equality.
- The Framework Directive for equal treatment in employment and
occupation: an analysis from a disability rights perspective by
Richard Whittle (PDF
- Text
Only)
The need for a more comprehensive
legislation - towards a European non-discrimination disability specific
directive
Discrimination does not occur in the field of employment only. The
field of employment is closely linked to several other areas such as for
example education, transportation and access to services and goods.
Therefore a legislation within the field of employment only, is not
enough. In order for the disabled person to be an active member of the
society in all areas and to enhance a broad non discrimination approach,
a new disability specific directive is needed. EDF has started to
prepare a draft for a new disability specific directive and propose to
present it to relevant stakeholders in the autumn 2002.
Europe´s first comprehensive Disability rights law
On March 12th, the EDF President Yannis Vardakastanis presented the
EDF proposal for a Disability Specific Directive at a meeting of the
Disability Intergroup of the European Parliament. The EDF President
explained in his speech why EDF and its members request a disability
specific directive.
The legal base of this Disability Specific Directive is article 13 of
the EC Treaty, which enables the Community to take initiatives to combat
discrimination on the grounds of disability. The Community has already
made use of these new provisions, in particular in the areas of
employment and occupation. On the basis of this new Treaty article, the
Council adopted on 27 November 2000 Directive 2000/78/EC
"Establishing a general framework for equal treatment in employment
and occupation". The Directive prohibits any discrimination, be it
direct or indirect, on the grounds of religion or belief, disability,
age or sexual orientation. With regard to disability, this Directive
recognises that the failure to provide a reasonable accommodation in the
workplace can constitute discrimination. The concept of reasonable
accommodation includes measures to adapt the workplace to people with
disabilities, for example adapting premises and equipment, patterns of
working time etc. in order to facilitate their access to employment.
When the Employment Directive was presented, it was received by EDF
and its members with mixed feelings. It was well accepted because of the
fact that the European Commission, so soon after the entry in force of
article 13, had made use of their right to initiative. But there were
worries because the directive's scope was only limited to employment and
vocational training.
EDF and its members did a lot of work in the run-up to the adoption
of the Employment Directive and we are very active in the current
process of implementation at national level. What is now needed is a
parallel approach, ensuring on one hand the swift and proper
implementation of the employment directive and on the other hand the
promotion of a new directive.
Disabled people suffer from discrimination not only in the field of
employment but also in areas of life like public transport, education
and access to goods and services, which also have a huge impact on the
employment potential of disabled people.
Disabled people look with envy to the legislation in the US (the
Americans with Disabilities Act) and want a European with Disabilities
Act and ask for disability specific comprehensive non-discrimination
legislation.
The proposal of directive presented by EDF has been prepared over the
last two years and benefits from the whole-hearted support of all EDF
members. The text has been prepared with the support of renowned human
rights legal experts. The process of preparation of the text has meant a
great increase in the awareness of the rights-based approach among EDF
members, a process that has also proven helpful for the implementation
of the employment directive.
EDF is now starting the campaign in support of a Disability Specific
Directive, which will include the presentation of the text to
Commissioner Diamantopoulou, to the Greek Government holding the EU
Presidency and through its national members to all EU Member States.
Support for a Disability Specific Directive has already been received by
the German Government, the European Parliament, the Economic and Social
Committee, the Committee of the Regions, the ETUC and the Social
Platform.
for the Disability Specific Directive in (PDF
I Text)
Discrimination and Violence against disabled
people
Disabled people are more often victims of violence than are
non-disabled people. The issue was addressed by the European Day of
Disabled People 1999. The Website includes a Manual for the Empowerment
training of disabled people. An EDF report on Violence and
Discrimination (ref EDF 99/6) is available to download on the
Publications page.
-
The European Commission has published the report of the European Day
of Disabled People 1999 Conference titled "Violence Against People
with disabilities - Root Causes and Prevention" that took place in
Brussels on the 3rd of December 1999, and it can be downloaded on the
Commission website.
EDF
position papers page
Back
| 
d