European Year of People with Disabilities

DRAFT RESOLUTION ON THE CONVENTION OF THE FUTURE OF EUROPE

Introduction

On 15 December 2001 the European Council approved the "Laeken Declaration on the Future of the European Union", which includes a decision to set up a broad-based Convention to pave the way for an open, transparent reform of the EU.

EDF as the umbrella organisation of the European disability movement emphasises its full support for the priorities of the Platform of European Social NGOs, which it has presented to the Convention as part of the future of Europe debate.

In particular, EDF supports the essential need to strengthen the non-discrimination clause in the EU Treaties in order that it should become subject to qualified majority voting and co-decision and given direct effect.

EDF strongly supports the need to provide a legal base for civil dialogue into the EU Treaties and to integrate the Charter of Fundamental Rights into the EU Treaties.

Proposals:

1 Strengthening of the Non-Discrimination clause

In an enlarged European Union the importance of combating discrimination will increase.
The role of the European Union in combating discrimination is crucial. For the non- discrimination clause to be effective in an enlarged European Union EDF strongly calls for the strengthening of the non-discrimination clause in order that is given direct effect and become subject to qualified majority voting and co-decision.

2 A LEGAL BASE FOR CIVIL DIALOGUE

For the EU to truly reflect the wishes of civil society it is essential that there be a legal base for civil dialogue in the Treaties so that NGOs may have a consultative role in EU decision- making.

3 THE CHARTER OF FUNDAMENTAL RIGHTS

EDF calls for the Charter to be integrated into the EU Treaties in order that it's terms may be legally binding in nature and thereby strengthen the rights of persons living in the Community.

4 NON-DISCRIMINATION CLAUSE AND POSITIVE ACTION

EDF calls for the non-discrimination clause in the EU Treaties to allow for positive action on behalf of members of discriminated groups and not preclude it. The non-discrimination clause should not inhibit positive actions.

5 MAINSTREAMING OF THE NON-DISCRIMINATION CLAUSE

EDF calls for an additional clause to be inserted into the EU Treaties, to require the non- discrimination clause to be taken into account when drafting mainstream legislation. At present there is no such obligation on the part of the EU institutions in relation to non- discrimination contrary to such an approach being taken in relation to gender equality and consumer protection requirements in the EU Treaties.

6 INTEGRATION OF DECLARATION 22 INTO THE EU TREATIES

Declaration 22 of the Treaties states that the Community should take account of the needs of persons with disabilities when adopting internal market legislation. EDF calls for Declaration 22 to be integrated into the EU Treaties in order that the Community will have a legal obligation, in addition to the existing moral obligation, to comply with Declaration 22.

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EDF members are committed to actively campaigning in support of these afore mentioned priorities of the European Disability Forum and in support of the overall proposals presented by the European Platform of Social NGOs.