DRAFT RESOLUTION OF THE COUNCIL AND OF REPRESENTATIVES OF THE GOVERNMENTS OF THE MEMBER STATES MEETING WITHIN THE COUNCIL ON EQUALITY OF OPPORTUNITY FOR PEOPLE WITH DISABILITIES
Date: 1996-07-30
Institutions: European Commission
Subjects: EU policy, disabled person, equal treatment, reintegration into working life, social integration

COMMISSION OF THE EUROPEAN  COMMUNITIES 

Tir 

* 

Brussels,  30.07.1996 
COM(96) 406 final 

96/0216 (CNS) 

COMMUNICATION  OF THE  COMMISSION 

ON 

EQUALITY  OF OPPORTUNITY  FOR PEOPLE WITH  DISABILITIES 

A New  European  Community  Disability  Strategy 

DRAFT 

RESOLUTION  OF  THE  COUNCIL  AND OF  REPRESENTATIVES  OF  THE  GOVERNMENTS  OF 
THE  MEMBER  STATES  MEETING  WITHIN  THE  COUNCIL 

ON 

EQUALITY  OF  OPPORTUNITY 

FOR  PEOPLE  WITH  DISABILITIES 

(presented  by the  Commission) 

CONTENTS 

I. 

COMMUNICATION  OF THE COMMISSION  ON EQUALITY  OF 
OPPORTUNITY  FOR  PEOPLE WITH  DISABILITIES 
A New  European  Community  Disability  Strategy 

Executive  Summary  and  Policy  Conclusions. 

1. 

Setting the  Scene: The  Obstacles  to Equality  of  Opportunity 

2. 

3. 

4. 

The New Equality  of  Opportunity  Approach. 

A Framework  for  the Pursuit  of Equality  of  Opportunity. 

A European  Community  Strategy  on Equality  of  Opportunity 

for  People with  Disabilities. 

i). 

Political  Dialogue  with  the Member  States. 

ii). 
iii). 

Social  Dialogue  between  Employers  and  Unions. 
Civic Dialogue with  Non-Governmental 
Organisations  (NGOs). 

iv).  Mainstreaming:  Policy  Formulation. 

v).  Mainstreaming:  the Essen  Employment  Strategy. 

vi).  Mainstreaming:  Information  and  Communications 

Technologies. 

vii).  Mainstreaming:  the  Structural  Funds. 

Conclusion 

Annex 
The Evolution  of Policy  at the European  Community  and  Wider 
International  Level. 

II. 

DRAFT  RESOLUTION  OF  THE  COUNCIL  AND  OF 
REPRESENTATIVES  OF  THE  MEMBER  STATES 
MEETING  WITHIN  THE COUNCIL  ON  EQUALITY  OF 
OPPORTUNITY  FOR  PEOPLE  WITH  DISABILITIES 

3. 

5. 

7. 

9. 

10. 

10. 

11. 
11. 

12. 

13. 

13. 

14. 

15. 

16. 

18 

I. 

COMMUNICATION OF THE  COMMISSION 

ON 

EQUALITY  OF OPPORTUNITY  FOR PEOPLE 

WITH DISABILITIES 

A  new European  Community  Disability  Strategy 

Executive  Summary  and  Policy  Conclusions 

1. Disability, as referred  to in this Communication,  takes many forms - physical,  sensory, 
mental  and  intellectual.  At  any  point  in  time,  the  number  of  people  in  the  European 
Community  directly  affected  by  some form  of disability  is estimated  at around  one tenth 
of the total population, which at present amounts to approximately  37 million. About half 
of them  are of working  age. 

2.  Our  societies  are,  in  many  ways,  organised  for  an  "average"  citizen  without  any 
disability,  and,  therefore,  a  great  number  of  citizens  are  excluded  from  the  rights  and 
opportunities  of  the vast  majority: 

in  education:  some  young  people  continue  to  have  problems  of  access  to 
mainstream  education  including  suitable,  good  quality  training; 
at  work:  people  with  disabilities  are  two  or  three  times  more  likely  to  be 
unemployed  and  to be  so for  longer  periods than  the  rest  of the  population; 
mobility  and  access:  many  transport  systems and  public buildings  continue to be 
inaccessible  or  accessible  only  with  difficulty; 
housing:  adapted  or  adaptable  accommodation  is  often  scarce  or  prohibitively 
expensive; 
welfare  systems: these systems generally  provide a minimum  of support which  is 
often  insufficiently  tied  in  to the goal  of  facilitating  participation. 

3.  Many  years  of  public  policy  aimed  at  accommodating  people  to their  disabilities  has 
proved to be insufficient.  Much rethinking has now taken place. The old approach  is now 
giving way to a much stronger emphasis on identifying  and removing the various barriers 
to equal  opportunities  and full  participation  in all  aspects of life.  Changes in the way we 
organise  our  societies  can  substantially  reduce  or  even  overcome  obstacles  found  by 
people with disability. Integration rather than the narrower aim of accommodation  is now 
seen  as  the  key  to  inclusion  in  active  society.  The  United  Nations  General  Assembly 
crystallised  this  new  approach  in  1993 through  the resolution  on  Standard  Rules  for  the 
Equalisation  of  Opportunities  for  Persons  with  Disabilities. 

4.  Primary  responsibility  for  action  in  this  area  rests  with  the  Member  States.  The 
implementation  of the new approach  is going on in all Member  States, in different  ways, 
in  different  fields  and  at  different  paces.  The  Commission  proposes  that  the  Council 
endorse this new approach  by adopting a Resolution  on Equal  Opportunities  as a solemn 
political  commitment  of  the Member  States  -both  individually  as  well  as  collectively  -
to  the  goal  of  achieving  equal  opportunities  and  non-discrimination  in  the  field  of 
disability. 

5. This Resolution  should  serve as a reference  framework  for  the structured  exchange of 
useful  information  between the Member States; as a platform  to stimulate the  clarification 
of  common  goals  and  the  identification  of  best  practice;  and  as  a  guide  for  the 

development  and  assessment  of appropriate  measures within  the Member  States  and  the 
Community's  own  respective  spheres  of  action. 

6.  The European  Community  has been  active  for  many  years  in  promoting  better  living 
and  working  conditions  for  people  with  disabilities.  The  Commission  considers  that 
Community  level  support  can  continue  to  bring  significant  added  value  to  bear  on  the 
process  of  reflection  and  action  within,  as  well  as  between,  the  Member  States.  The 
Commission  therefore  envisages  a  strategy  for  concrete  actions  consistent  with  the 
Resolution  including,  inter  alia,  the  following  initiatives: 

• 

• 

• 

• 

• 

• 

Mainstreaming.  In  order  to  optimise  the  integration  of  disability  issues  into 
mainstream  Community  policies  and  actions  the Commission  will  strengthen  the 
operation  of  its  inter-service  group  on  disability. 

Cooperation.  A  High  Level  Group  of  Member  States'  Representatives  on 
Disability  will  be  set  up  in  order  to  keep  policy  developments  in  the  Member 
States under  review  and  to  pool  information  and  experience. 

Encouragement  of  the  work  of  Non-Governmental  Organisations  fNGQsY  The 
Commission  wishes to consolidate the cooperation  developed  during recent  years 
under  HELIOS  II.  It  also  welcomes  the  establishment  of  the  new  independent 
European  Disability  Forum  and  intends  actively  to  develop  the  contacts  and 
stimulate  the work  of NGOs. 

Employment.  In the preparation  of the  Single Report to the European  Council  in 
Dublin,  the  next  stage  in  the  Essen  process,  the  Commission  will  take  the 
initiative to strengthen policies for the prevention of long term unemployment  and 
for  the  integration  of  disabled  people  in  working  life.  Also,  of  course,  it  should 
be borne  in  mind  that the primary  goal  of the  Structural  Funds,  and  notably  that 
of the  Social  Fund,  is the boosting  of  employment. 

Information  and Communication Technologies (ICTs). The Commission is anxious 
to  harness  the  potential  of  the  Information  Society  in  the  pursuit  of  equal 
opportunities,  especially  through  the  development  of  ICTs  and  will  set  up  an 
internal  ad  hoc group  to that  end. 

The  Structural  Funds.  A  total  of  5.5  billion  ECU  is  specifically  allocated  to 
contribute  to  combatting  exclusion  for  the  period  1994-99.  As  part  of  its 
forthcoming  mid-term evaluation of the Structural Funds, the Commission will try 
to  assess  the  extent  and  impact  of  actions  in  respect  of  people  with  disabilities. 
A new round of projects in the framework  of the Community  initiatives, including 
HORIZON,  is due to be  launched  towards  the  end  of  1996. 

7. This Communication  aims at giving a renewed  impetus'towards the rights-based equal 
opportunities  approach  to  disability,  both  in  the  Member  States,  and  at  the  level  of  the 
Community.  The common task is one of valuing, and making space for  human  diversity. 
This is everyone's business in a People's Europe that values fairness as well  as  efficiency. 

1.  SETTING THE SCENE: THE OBSTACLES TO EQUALITY OF OPPORTUNITY 

8.  One  out  of ten  citizens  in the European  Community  has  a disability.  Although  there 
has been significant progress over the last few years, a number of problems remain which 
continue to account for the under-participation of people with disabilities in our societies. 
Such  problems  are  well  documented  and  attested.  A  particularly  comprehensive  report 
under the title  "Invisible Citizens"  was published  by NGOs  to mark  the European  Day 
of Disabled People in December  1995. The European Parliament has referred  on several 
occasions  to  the  adverse  situation  of  people  with  disabilities  and  the  discrimination  (as 
well  as violence) which  they  can experience throughout  the Union. In  its Resolution 83-
580/93  of  April  1993  it  called  on  the  Commission,  inter  alia,  to  set  up  a  forum  to 
investigate violence against people with disabilities and to draw up annual reports on their 
situation within the Member  States. The first  such  report was produced  at the beginning 
of  1996. The Economic and Social Committee has spoken of the grave situation faced  by 
people with disabilities. The Committee of the Regions has also referred  to the exclusion 
and  discrimination  felt  by  people with  disabilities. 

9.  Prominent  among  the  remaining  problems  -  which  vary  considerably  from  Member 
State to Member  State - are the  following. 

• 

• 

In education. Many  children  are still  excluded  from  mainstream  schools merely 
on the grounds of restricted  mobility,  sensory  impairment  or communication  and 
learning  difficulties,  and  because those  in  authority  are not  adequately  aware  of, 
nor  sensitive  to,  their  abilities  and  potential.  All  too  often,  children  with 
disabilities are confined  during their school years (and even beyond) to institutions 
which,  whilst  providing  special  care,  nonetheless  isolate  them  and  give  them 
drastically  reduced  or  no opportunities  for  mainstream  social  engagement. 

At  work.  Various  official  estimates  suggest  that  people  with  disabilities  are  at 
least  two  to  three  times  more  likely  to  be  unemployed  and  to  be  so  for  longer 
periods than the rest of the working population. Furthermore, they are likely to be 
affected  disproportionately  during economic  downturns. Consequently,  they bear 
a  higher  cost than  most  during  periods  of  economic uncertainty  and  dislocation. 
Since economic  independence  is  so basic to  the  exercise  of  other  freedoms,  this 
form  of discrimination has serious repercussions for the quality of life experienced 
by  people with  disabilities. 

Unemployment  does not  necessarily  represent  a corresponding  lack  of  ability  or 
merit.  There  is  often  a  tendency  on  the  part  of  employers  and  prospective 
employers to look more at the disability rather than the actual ability of the person 
in  question  and,  in  consequence,  the  value  that  can  accrue  to  a  company  from 
doing  so  can  be  underrated.  Inadequately  adapted  workplaces,  inflexible  work 
arrangements  as  well  as  the  prevalence  of  discrimination  are  all  contributory 
factors.  Not  enough  effort  on the part  of  employers  is put into thinking  how the 
needs of  disabled  employees  can  be positively  accommodated. 

• 

• 

• 

mobility  and  access.  Even  though  considerations  of  access  (broadly  defined) 
loom  large in  our  highly  mobile  society,  many  transport  systems  and  public 
buildings  continue to be  inaccessible  or accessible  only  with  difficulty.  This is 
compounded  by  architectural  and  infrastructure  barriers.  Although  significant 
technological  breakthroughs  have been  made in the field  of  communications, 
more could  be done to optimise the liberating  potential  of technology  and  to 
ensure that  future  developments  take full  account  of the needs of  people  with 
disabilities.  The principles  of  'design  for  all'  and universal  access  have,  of 
course,  cross-sectoral  benefits  for  many  more groups. 

In  housing.  With  housing  in  short  supply,  not  enough  adapted  or  lifetime 
adaptable  accommodation  is  available  to  people  with  disabilities.  Subsequent 
adaptation is often  prohibitively expensive. This situation has adverse implications 
not  only  for  people  with  disabilities  but  also  for  Europe's  growing  elderly 
population. 

In  welfare  systems.  In  the  field  of  social  security,  a  high  proportion  of  people 
with  disabilities  still  live  close  to,  or  even  below,  the  poverty  line.  Welfare 
systems generally  provide a minimum of support which is often  insufficiently  tied 
in  to  the  goal  of  facilitating  participation.  Too  often  there  is  insufficient  or  no 
recognition  of  the  extra  costs  and  continuing  needs  of  people  with  disabilities 
which  go  beyond  those  of  the  average  person.  Recognition  of  and  support  for 
independent  living is  still  uneven.  The  complexity  and growing  mass  of rules in 
the field  of welfare  and  service delivery,  as well  as the division  of  responsibility 
between Government Ministries and administrative agencies, can be confusing and 
alienating  in themselves.  Information  about  available services  can be diffuse  and 
in  some  cases this  accounts  for  the under-utilisation  of  support. 

10.  The  under-participation  of  people  with  disabilities  in  all  aspects  of  our  societies 
deserves more heightened  attention  and action at both the national  and Community  level, 
for  a number  of  reasons. 

11. Exclusion  and discrimination  offend  against various universal  human  rights. Respect 
for,  and  promotion  of  human  rights  and  human  diversity  have  long  been  characteristic 
features  of  our  societies  and  form  an  essential  part  of  our  shared  European, values.  The 
core right  at stake is that  of equality.  The  human  rights dimension  of the Community  is 
of the utmost importance and has been  emphasised  repeatedly by the Court of Justice, the 
European  Parliament  and  the  Council  of  Ministers.  Respect  for  human  rights  is 
specifically  mentioned  as  one  of  the  key  objectives  of  the  Union  in  Article  F.2  of  the 
These  basic  principles  of  human  rights  and  non 
Treaty  on  European  Union. 
discrimination  have  been  reaffirmed  by  the  Commission 
in  its  Opinion  to  the 
Intergovernmental  Conference. 

12.  In  economic  terms,  structural  exclusion  and  discrimination  on  the  grounds  of 
disability  also  sap  labour  market  efficiency.  A  market  that  structurally  excludes  a 
significant  proportion  of its human  resources  cannot be described  as efficient,  much  less 

fair.  Society  as  a  whole  (including  the  taxpayer)  loses  out  when  ability  is  not  duly 
acknowledged  and enabled to work. 

13.  More broadly,  the European  Community's  current  and correct  sense  of  urgency  to 
reduce  structural  unemployment,  to  protect  existing  employment  and  to  generate  new 
jobs,  must incorporate a very practical concern for the variety of arbitrary barriers which 
stand in the way of labour market entry and participation for people with disabilities. The 
overall  trend  in  the  restructuring  of  labour  market  policies  is  leading  to  a  greater 
emphasis  being  placed  on  active  measures,  in  order  to  strengthen  the  ability  of job-
seekers to compete on the labour market, rather than being simply  recipients of passive 
payments  of  income  support.  This  trend  has  obvious  and  direct  implications  for  the 
reintegration of  disabled workers into the workplace. 

14. Exclusion and discrimination on the grounds of disability  also impose onerous costs 
on  the  welfare  state.  Many,  if  not  most,  of  the  various  elaborate  support  programmes 
developed  through the years by the Member States have been  primarily  geared towards 
maintenance of the person rather than his or her empowerment to participate as fully  as 
possible in society.  The lessening of dependency  (and the mentality  of dependency) that 
continues to isolate the person as well  as burden the  state would be of benefit  to all. 

2.  THE  NEW  EQUALITY  OF  OPPORTUNITY  APPROACH 

15.  The  historical  policy  response  to  disability  has  been  largely  one  of  social 
compensation through charity,  separate provision  outside the mainstream  of  society and 
the development of specialist caring services. However needed and well intentioned, these 
policy  responses  have  arguably  compounded  the  problem  of  exclusion  and  under-
participation. 

16.  One  of  the  greatest  challenges  facing  our  societies  today  is  that  of  valuing  and 
making  space  for  human  diversity.  Traditional  economic  and  social  processes  have 
tended, however, to be constructed on the basis of assumptions about normality that have 
not included people with disabilities. A classic example is the design of transport systems 
and public buildings  based  on  assumptions  about  the  'average'  person  that  fail  to take 
account  of  people  with  reduced  mobility.  Consequently,  such  persons  have  either been 
excluded  from  mainstream  processes  or  have  had  their  opportunities  for  participation 
considerably  diminished. 

17. The very absence, or virtual invisibility, of people with disabilities in the mainstream 
has tended  only to  contribute to popular  stereotypes.  This,  in turn,  has contributed to a 
self-perpetuating  cycle  of  exclusion.  It is  in this way  that prejudicial  attitudes,  the lack 
of equal  opportunities,  and discrimination  can be seen to reinforce  each other. 

18. There is a growing recognition that this situation should not continue. A brief review 
of the evolution of thinking on disability issues, at European and wider international level 
is given in the Annex. The driving force behind this evolution  has been a realisation that 
human  difference  can  best be valued  by  the creation  of  social  and economic  processes 

that are built inclusively  with  all  persons equally  in  mind.  The core value of  equality  -
rendered here as equal opportunities - is now seen as the central benchmark against which 
economic and social  structures must be assessed. It forms the essence of the rights-based 
approach  to  disability.  The  equal  opportunities  ideal  is  of  course  broader  than,  but 
nevertheless  subsumes the principle of  non-discrimination. 

19. The overall task can best be summed up in the term 'mainstreaming'.  This entails the 
formulation  of  policy  to facilitate  the full  participation  and involvement  of  people with 
disabilities in economic,  social  and other processes, while respecting  personal  choice. It 
also means that the  relevant  issues  should  no longer be  considered  separately  from  the 
mainstream  policy-making  apparatus, but should be clearly  seen  as an integral  element. 
This approach applies to - and has benefits for - all people with disabilities regardless of 
the kind or degree of  severity  of disability  in question. 

20.  In all  Member  States  of  the  European  Union,  the  same  evolution  toward  an equal 
opportunities model  in the field  of disability  policy  has been taking place. Gradually but 
perceptibly, the policies of the Member States are being geared towards providing equal 
effective rights and not simply administering measures to overcome functional limitations. 
Naturally,  this shift  has occurred in different  ways,  in different  fields  and at a  different 
pace between the Member States. 

21.  A  particularly  notable  trend  across  the Member  States  is  gradual  movement  away 
from the traditional  response of developing separate structures to meet the specific needs 
of people with disabilities, particularly in the areas of education and employment (special 
schools,  sheltered  workshops,  etc.).  Such  responses  are  being  steadily  overtaken  by 
initiatives  promoting  integration  into  mainstream  schools  and into open  and  supported 
employment  wherever  possible.  The  design  and  delivery  of  welfare  and  other  support 
programmes in all sectors is increasingly being driven by a person-centred approach - one 
that accentuates autonomy and which recognises the natural desire and right of the person 
to influence the shape of such programmes and the wish to live in his/her own home and 
community. 

22.  Some  Member  States  already  have  general  principles  of  equality  and  non 
discrimination enshrined in their Constitutions.  Some have either amended existing anti 
discrimination legislation  or introduced new legislation to cover people with disabilities. 
Other Member  States are contemplating  the introduction  of  such measures. 

23.  In this context,  it bears mentioning that some progress has already been made by the 
social  partners  in  recognising  the  problem  of  exclusion  and  in  trying  to  overcome  it. 
Many businesses have already adopted their own equal opportunities programmes in the 
field  of  disability.  A  particularly  positive  development  is the European Declaration of 
Businesses against  Exclusion  of  1995  which  embraces  the  situation  of  people  with 
disabilities. 

3.  A  FRAMEWORK  FOR  THE PURSUIT  OF  EQUALITY  OF  OPPORTUNITY 

24. The Commission considers that it is essential  for the European Community to clarify 
and  confirm  its  overall  disability  strategy,  the  core  of  which  should  be  a  shared 
commitment  by  all  Member  States  to  promote  equal  opportunities,  to  eliminate 
discrimination in this field  and to recognise the rights of  people with disabilities. 

25.  Any  consideration  of  the  role  of  the  European  Community  in  this  field  must 
commence  with  the  acknowledgement  that  our  societies,  and  the  Member  State 
governments  which  represent  them,  bear  the  primary  responsibility  for  actions  to 
eliminate  exclusion  and discrimination  based  on  disability.  As  policies  to  assist  people 
with disabilities have their own cultural  and social  framework  in each Member  State, it 
follows  that the form  of responses to the objective  of equal  opportunities will  vary with 
the national,  regional  or local  context. 

26.  The  Commission  therefore  proposes  the  adoption  by  the  Council  and  the 
Representatives of the Governments of the Member States meeting within the Council  of 
a  Resolution  on  Equality  of  Opportunity  -  a  suggested  text  for  which  is  contained  in 
annex to this Communication.  The draft Resolution  is  explicitly  founded  on respect for 
the diversity of systems within the European Union and on the added value to be secured 
from the adoption of common guidelines toward a shared core of policy  objectives.  It is 
intended  to  express  the  solemn  political  commitment  of  the  Member  States  -  both 
individually  as well  as collectively  within the Council  and at the level  of the Community 
-  to  the  goal  of  achieving  equal  opportunities  and  non-discrimination  in  the  field  of 
disability. 

27.  While the Resolution  constitutes an endorsement of the authoritative United Nations 
Standard Rules on the Equalisation of Opportunities for Persons with Disabilities, it does 
not  set out to repeat verbatim the  contents  of  those Rules.  Nor  does  it  simply  mean a 
reiteration  of  commitments  already  made by  Member  States within  the United Nations 
system. 

28.  While the  Standard Rules are not compulsory  in the strict legal  sense,  they  imply a 
strong moral and political commitment on behalf of States to take action. They also invite 
States to  cooperate  in  the  development  of  policies  for the  equalisation  of  opportunities 
for people with disabilities. 

29.  This Resolution  should therefore be  seen and used as a reference  framework  for the 
structured exchange of useful  information  between the Member  States; as a platform  to 
stimulate  the  clarification  of  common  goals  and the  identification  of  best  practice; and 
as  a  guide  for  the  development  and  assessment  of  appropriate  measures  within  the 
Member  States and the Community's  own respective  spheres of action. 

30. For its part, the Commission  considers that Community  level  involvement  can bring 
considerable  added value to bear on the process of  reflection  required  within  as well  as 
between  the  Member  States.  It  also  considers  that  key  Community  principles  and 
objectives  are  involved  which  further justify  its  particular  concern  in  the  field.  These 

include guaranteeing the free movement of workers, encouraging the mobility of students, 
guaranteeing  the achievement  and  development  of the internal  market,  and  guaranteeing 
the exercise of the rights of Union  citizenship. This calls not only for  the gradual  raising 
of standards toward best practice at the level  of the Member States but also for  increased 
mobilisation  at the  level  of the  Community. 

4. 

A  EUROPEAN  COMMUNITY  STRATEGY  ON  EQUALITY  OF 
OPPORTUNITY  OF PEOPLE WITH  DISABILITIES 

31.  The  gradual  evolution  of  thinking  has  provided  the  backdrop  against  which  the 
Commission  has reflected  on  the  shape  of  its new  disability  strategy. 

32.  Since primary  responsibility  for  action  rests with  the Member  States,  it follows  that 
the  Community  should  be  concerned  to  bring  as  much  added  value  to  the  process  of 
reflection  and  change  as  possible.  It  is  envisaged  that  this  can  be  achieved  along  the 
following  lines. 

i) Political  dialogue  with  the Member  States 

33.  The Commission  will  arrange to  consolidate  the valuable  cooperation  that  has been 
developed  during  recent  years  under  HELIOS  II,  both  with  and  between  the  Member 
States. Towards this end, and within the available appropriations, the Commission  intends 
to  set  up  a  High  Level  Group  of  Member  States'  Representatives  on  Disability.  The 
purpose  of  this  group  will  be  to  keep  under  review  the  latest  policies  and  priorities  of 
governments concerning people with disabilities, to pool information  and experience, and 
to  advise on methods for  reporting  on the EC-wide  situation  with  regard  to disability  in 
future. 

34.  The  Commission  also  intends  to  establish  an  Observatory  or  network  on  national 
disability  policies  drawing  on independent  expertise in the Member  States. The  purpose 
of the Observatory or network will be: to clarify  basic concepts and terminology; to work 
toward common understandings especially  in the field  of statistics; to provide an accurate 
knowledge-base  of current  policies; to provide  independent  evaluations  of progress; and 
to  produce  other  useful,  value  added  and  well-targeted  research.  It  shall  cooperate  with 
other  Observatories  to  develop  synergies  in  its  knowledge  base.  The  work  of  the 
Observatory  or  network  should  prove  of  invaluable  assistance  to the High  Level  Group 
and  it is envisaged  that they  would  establish  a mutually  beneficial  working  relationship. 
The  Commission  may  supplement  the  research  of  the  Observatory  from  within  its  own 
research  programmes,  e.g.,  TIDE,  Biomed,  as  the  need  arises.  Within  this  context  a 
planned Commission Communication  "Community Research and Development  Activities 
addressing  Ageing  and  Disability"  will  be  of  particular  interest. 

35. In order to facilitate dialogue, the Commission  proposes to arrange for a joint meeting 
at least  once  a year  between  the High  Level  Group  and  the European  Disability  Forum 
which  is referred  to  in  paragraph  41  below. 

10 

ii)  Social  dialogue  between  Employers  and  Unions 

36.  During  the  last  few  years  the  social  dialogue  has  focused  more  and  more  on  the 
employment issues and the social partners have strongly  supported the Essen employment 
strategy  and  the  efforts  to  integrate  people  in  the  labour  market  and  in  employment. 

37. The Social Dialogue Committee  as well  as the  Standing  Committee for  Employment 
can  make  important  contributions  to  the  development  of  new  initiatives  in  favour  of 
people with  disabilities.  The Commission  invites the  social  partners to develop  a special 
co-operation  around  the issues raised  in this  Communication. 

iii)  Civic  dialogue  with  Non-Governmental  Organisations  (NGOs) 

38. The Commission  has been greatly  encouraged  by the active interest and  participation 
of a wide range of disability  organisations in the European-wide  process of  cooperation, 
and  by  the wide recognition  of  the 'added  value'  of European  support.  It was  especially 
encouraged  by the  active  participation  of  disability  NGOs  at its  Social  Forum  in  1996. 

39.  The  pooling  of  experience  and  good  practice  throughout  the  European  Union  has 
developed under successive HELIOS programmes via a number of EU networks working 
together  on  disability  issues.  More  than  800  partners  and  80  European  NGOs  have 
worked together both on a sectoral basis and collectively  in this context. This has enabled 
basic  concepts  to  be  discussed  and  clarified  and  has  provided  a  conduit  for  the  wide 
dissemination  of  good  practice.  It  has,  furthermore,  equipped  NGOs  in  this  field  to 
participate  more  effectively  in  the  democratic  process  and  has  enhanced  their  self-
confidence  and  awareness  of  European-wide  developments.  The  current  HELIOS  II 
programme  is due to expire  at the  end  of  1996. The final  independent  evaluation  report 
is  expected  to  be  completed  by  mid-1997.  One  practical  result  of  HELIOS  II  will  be 
comprehensive 'Guides of Good Practice', including  on economic, social  and  educational 
integration,  which  will  be  issued  later  this year  under  the  auspices  of the  Commission. 

40. To the extent that the Community budget allows, the Commission intends to continue 
to  provide  support  to  organisations  working  in  the  field  of  disability  to  encourage 
European  cooperation.  The primary  criterion  in this regard  will be the contribution  made 
to the  promotion  of  equal  opportunities  at European  level. 

41. The Commission welcomes the recent establishment of the new independent European 
Disability  Forum  which  brings together  disability  organisations  from  all  Member  States 
representing  the  vast  majority  of  disability  interests  in  the  EU.  Its  statutes  have  been 
signed by European NGOs and National  Councils currently  involved  in HELIOS II. The 
new Forum  will  have the opportunity  of working  closely  with  the European  Institutions 
on a proactive basis. For its part, the Commission  pledges to cooperate actively  and meet 
on  a regular basis with  the European  Disability  Forum, with  a view to consolidating the 
cooperation  which  has been  built up with  a wide  range  of NGOs  in  recent years. 

11 

42.  Raising  awareness  of  developments  throughout  the  Member  States  and  across  the 
Community remains a priority for the Commission. This will continue to be promoted by 
the  Commission,  especially  through  the  holding  of  'National  Information  Days'  in  each 
Member  State  and  by  the  continued  use  of publications  such  as  'Helioscope'  (published 
in  eleven  official  languages)  and  'Heliosflash'  (published  in  three  official  languages) 
which  reaches  a  targeted  readership  of  some  forty  thousand.  A  significant  feature  of 
Helioscope  has been the fact  that a large number of articles are normally  contributed  by 
people  with  disabilities. 
'Helioscope'  has  become  a  well-appreciated  and  'in  demand' 
publication  by  and  for  people  with  disabilities,  fulfilling  an  evident  need  which  should 
continue to be  met. 

43.  The institution  each year of a dedicated  'European Day of Disabled People' has made 
a very positive contribution  to raising awareness  and to giving a European  dimension  to 
cooperation  in  this  field.  Again,  to the  extent  that  the  Community  budget  provides,  the 
Commission  intends to continue to support  such  a European  Day  annually in  partnership 
with  the European  Parliament  and  other  Community  Institutions. 

44. The Commission  is also aware of a new and important trend, whereby many local and 
regional  authorities  are  entering  into partnerships  with NGOs  and  the  social  partners  to 
work toward the creation of disability friendly  environments. Embryonic networks of such 
cities/localities  are  now  developing  as,  for  example,  under  the  Barcelona  Declaration 
(1995).  The Economic  and  Social  Committee,  the Committee  of the Regions,  and  other 
appropriate bodies such as NGOs will be invited to advise on the further  potential  of such 
developments  in  both  urban  and  rural  areas and  on the possible  role of the  Commission 
in  bringing European  added  value to  bear. 

iv) Mainstreaming:  Policy  Formulation 

45.  The Commission  has taken  steps to strengthen  its own  internal  machinery  to  engage 
all  relevant  Directorates  General  in  an  inter-service  disability  group,  thus  raising 
awareness of disability  issues and encouraging more inter-sectoral  cooperation  within the 
Commission  in  this  field.  In  this  way  it  is  hoped  to  work  towards  the  'mainstreaming' 
of  disability  issues  in  a  cross-sectoral  manner.  Within  this  framework,  the  Commission 
will  review  the  range  of  possible  initiatives  in  different  policy  sectors,  including  in 
particular  research,  education  and  transport.  The  Commission  will  also  seek  the  advice 
of  the  NGOs  on  initiatives  and  proposals  of  the  Commission  affecting  people  with 
disabilities. 

46.  An  important  point  of  principle  flows  from  the  above:  namely,  that  all  strategic 
thinking  about  changes  in  our  societies  and  about  timely  adjustments  in  policy  should 
incorporate  the  experience  of  people  with  disabilities.  Two  such  strategic  issues  are  of 
particular  importance  in the field of  disability  at the  moment;  namely,  employment  and 
the Information  Society. 

12 

v) Mainstreaming:  the  Essen  employment  strategy 

47.  The  Commission's  Social  Policy  Action  Programme  (1995-7)  already  includes  a 
commitment  to  present  a  coherent  disability  employment  strategy  in  the  form  of  a 
Communication  in  1997.  Some basic  elements  of  such  a  strategy  are  now  in  place.  In 
the  Single  Report  from  1995  and  in  the  Interim  Report  1996  the  Commission  and  the 
Council agreed  on structural  goals for the employment  strategy. One of these goals is the 
commitment  to  prevent  long  term  unemployment.  Such  a  commitment  has,  when 
implemented,  a great importance for people with disabilities, as these often  have a higher 
risk of becoming long-term  unemployed  and  thereby  excluded.  In the preparation  of the 
Single report to the European  Council  in Dublin  the Commission  will  take the  initiative 
to  strengthen  policies  for  the  prevention  of  long  term  unemployment  and  for  the 
integration  of  disabled  people  in  working  life. 

48.  The social  partners will  be invited  by the  Commission  to prepare  a joint  position  in 
regard  to  good  practice  in  this  field.  The  Commission's  1997  Employment  Report  will 
include  for  the  first  time  a  special  chapter  on  disability.  The  Commission  is  actively 
engaged at present in reviewing its own internal  policies concerning the employment and 
career  development  of  people with  disabilities  in  the  services  of  the  Commission  itself. 
This  review  will  be  completed  before  the  end  of  1996. 

vi) Mainstreaming:  Information  and  Communication  Technologies  (ICTs) 

49. The Commission  is actively  interested in exploring the possibilities for  harnessing all 
aspects  of the Information  Society  in  the  achievement  of  equal  opportunities  for  people 
with  disabilities  and  in  improving  their  living  and  working  conditions.  These  questions 
are discussed  in general  in the Commission's  Green Paper  on Living  and Working  in the 
Information  Society:  "People  First".  An  internal  ad  hoc  group  will  be  set  up  by  the 
Commission  to  take  this  forward  with  the  mandate  to  examine  the  scope  for  a  special 
initiative  at European  level,  building  on  relevant  experience  to  date,  for  example  in  the 
TIDE Initiative.  This will  be based  on a review  of good  applications  of Information  and 
Communication Technologies (ICTs) in favour  of people with disabilities, and the  further 
potential  for  developing  economies  of  scale in making  ICTs more widely  accessible and 
useful  to  people with  disabilities. 

50. The European  Disability  Forum  will  be invited  to contribute  its ideas on this  subject 
during the period of consultation  on the Green Paper during the remainder of  1996. It has 
already  been  invited  to  advise  on  priority  needs  with  regard  to  employment  issues. 

51. A specialised database called Handynet developed under HELIOS II, makes available 
fifty  thousand  items  of  information  on  technical  aids  to  people  with  disabilities  and  to 
It  is  available  in  twelve  languages  on  CD-ROM  and  is 
rehabilitation  professionals. 
accessible  in  designated  centres  in  the  Member  States.  The  Commission  considers  that 
the  question  of  further  expansion  of  accessibility  to  this  system  and  any  increase  in  its 
scope (possibly  through  linking  it with  the  Internet)  should  be  carefully  reviewed. 

13 

vii) Mainstreaming:  the  Structural  Funds 

52. Since 1989, when the European Community's Structural Funds were transformed  into 
a  significant  planning  and  development  instrument,  they  have  had  the  twin  goals  of 
economic and social cohesion in all the regions of the Community. Boosting employment 
is seen  as a particular  priority. 

53. During the current programming  period,  1994 to  1999,  the  Structural  Funds,  and in 
particular  the  European  Social  Fund  (ESF),  constitute  the  most  important  financial 
instrument  at  Community  level  for  improving  the  situation  of  people with  disabilities. 

54.  In  the  period  1994-1999,  the  ESF  is  providing  support  to  people  with  disabilities 
mainly  within  the  context  of  action  to  combat  exclusion  from  the  labour  market.  ESF 
support  provides  for  the  establishment  of  comprehensive  packages  of  measures  which 
form  a  pathway  to  integration/re-integration  into  the  labour  market  of  the  socially 
excluded,  including  people  with  disabilities.  Packages  of  integrated  measures  include 
guidance and counselling,  support for  self-employment,  wage subsidies, work  experience 
schemes etc. The actions are mainly implemented in the framework  of Objectives  1 (least 
developed regions), 2 (regions lagging behind) and 3 (horizontal measures). A total of 5.5 
billion  ECU  is  specifically  allocated  to  combatting  exclusion  for  the  period  1994-1999. 
The Member States' programming documents show that people with disabilities constitute 
one  of  the most  important  target  groups  of  action  to  combat  exclusion  from  the  labour 
market. 

55.  In  addition  to  these  activities  under  the  "mainstream"  structural  programmes,  there 
is  within  the  EMPLOYMENT  Community  Initiative,  a  separate  strand  -  HORIZON  -
which  has  been  put  in  place  to  deal  specifically  with  the  integration  of  people  with 
disabilities  into  the  world  of  work  and  to  assist  in  the  implementation  of  transnational 
innovative  schemes  involving  such  people.  From  1994 to  1999, the  sum  of  513  million 
ECU has been allocated to EMPLOYMENT-HORIZON.  A new round of projects for  the 
period  1997-99 will  be  launched  in  the Member  States  towards  the  end  of  this year.  In 
this  context,  the  Commission  welcomes  the  fact  that  a  large  number  of  the  networks 
initiated  under  HELIOS  II  have  now  become  active  partners  in  EMPLOYMENT-
HORIZON. 

56.  The  Commission  is  now  taking  steps  to  ensure  that  these  considerable  financial 
resources are applied as effectively  as possible, and that they are perceived  as an integral 
part  of  the European  Community's  disability  strategy.  A particular  information  effort  is 
being  made  to  give  greater  visibility  to  the  HORIZON  Initiative.  A  special  European 
conference will be held by the Commission  in  1997 to take stock of promising  initiatives 
and  to examine ways  of  mainstreaming  good  policies  and  practice  in  the  period  ahead. 

57.  The URBAN Community  Initiative can also contribute to improving the situation of 
people  with  disabilities.  With  an  amount  850  million  ECU  this  initiative  aims  at  the 
regeneration  of deprived  urban areas which can include support actions for  disadvantaged 
groups,  including  those  with  disabilities. 

14 

58. As part of its forthcoming mid-term review of the Structural Funds, the Commission 
will  try to assess the extent and impact of  actions in respect of  people with disabilities. 
Furthermore,  the Commission  will  also  draw the attention  of the Member  States to the 
need  to involve  disabled  groups  more  actively  in the implementation  and follow-up  to 
Structural Fund action. 

CONCLUSION 

59.  This  Communication  has  charted  the  movement  toward  the  rights-based  equal 
opportunities  approach  to  disability  both  in  the  Member  States  and  at the  level  of  the 
Community.  It has recounted the various reasons why this movement  has occurred and 
the  arguments that  make  it  compelling  at the  level  of  principle  as well  as practicality. 
The  common  task  is  one  of  valuing  and  making  space  for  human  diversity.  This  is 
everyone's business in a People's Europe that values fairness  as well  as  efficiency. 

15 

ANNEX 
THE  EVOLUTION  OF POLICY  AT  THE  EUROPEAN  COMMUNITY  AND 
WIDER  INTERNATIONAL  LEVEL 

The movement to a rights-based perspective on disability  has evolved  and has become broadly 
endorsed  at the international  level  over the past two decades. Equalisation  of opportunities  for 
persons with  disabilities  has been  the subject  of much  attention  within  the United  Nations,  its 
various  Specialised  Agencies,  and  other  regional  organisations  over  a  long  period  of  time. 
Significantly,  in  a major  resolution  passed  in  1975  containing  a Declaration  on  the Rights of 
Disabled  Persons,  the United  Nations  General  Assembly  stressed  that  people  with  disabilities 
have  exactly  the  same human  rights  (and  responsibilities)  as all  other  persons. 

The designation  of  1981  as the International  Year  of  Disabled  Persons by  the United  Nations 
General  Assembly  inaugurated  the  Decade  of  Disabled  Persons  (1983-1992).  The  most 
important  outcome  of  the  International  Year  of  Disabled  Persons  was the  World  Programme 
of Action concerning Disabled Persons which was adopted  by the General  Assembly  in  1982. 
Apart from  announcing important principles in the areas of prevention and rehabilitation, it also 
emphasised  the right of people with  disabilities to the same opportunities  as other  citizens and 
to an equal  share in the improvements  in living conditions resulting from  economic  and  social 
development. 

This  new thinking  was  crystallised  in  1993  with  the  adoption  by  the  United  Nations  General 
Assembly  of a resolution  entitled  the 'Standard Rules for  the Equalisation  of Opportunities  for 
Persons with Disabilities'. These Rules were drawn up on the basis of experience gained  during 
the United Nations Decade of Disabled  Persons (1983-1992).  These Rules and  the values they 
represent have since been  reaffirmed  in successive UN declarations  on human  rights  including 
the Vienna Declaration  and Programme of Action on Human Rights (1993), the World  Summit 
for  Social  Development  and  Programme  of  Action  adopted  in  Copenhagen  (1995)  and  the 
Platform  of  Action  adopted  at the World  Conference  on  Women  in  Beijing  (1995). 

While the  Standard  Rules  are not  compulsory  in the  strict legal  sense they  nevertheless  imply 
a  strong  moral  and  political  commitment  on  behalf  of  States  to  take  action.  They  also  invite 
States  to  cooperate  in  the  development  of  policies  for  the  equalisation  of  opportunities  for 
people with  disabilities. 

The international  year  in  1981, and  the World Programme  of Action  to which  it led,  provided 
the  stimulus  for  enhanced  Community  interest  and  involvement.  A  series  of  authoritative 
declarations and resolutions in the field were adopted by the Council  throughout the  1980s and 
early  1990s.  An  important  Resolution  of  the  Council  and  of  the  Representatives  of  the 
Governments  of  the Member  States  meeting  within  the  Council  was  agreed  on  21  December 
1981 concerning  the  social  integration  of  handicapped  people  at  Community  level. 

A  Council  Recommendation  was  adopted  on  24  July  1986  concerning  the  employment  of 
disabled  people  in  the  Community.  It  urged  the  Member  States  to  "take  all  appropriate 
measures to promote fair  opportunities for persons  with disabilities in the  field  of employment 
and  vocational  training'  and  to  pursue  policies  providing  for  the  elimination  of  the 
discrimination  faced  by  disabled  workers.  This  Recommendation  also  set  out  a  guideline 

16 

framework  for  positive  action.  Another  Resolution  was  adopted  by  the  Council  and  the 
Ministers of Education meeting within the Council  on 31 May  1990 concerning the integration 
of  children  and young  people with  disabilities  into  ordinary  systems of education. 

The HELIOS (1988-1992) and HELIOS II (1993-1996)  programmes were designed to provide 
a platform for co-operation between the Member States involving the exchange of information 
concerning  economic  and  social  integration,  equal  opportunities  and  independent  living  by 
various general  and specific  means. 

The Community's structural  funds, especially  the European  Social  Fund, were and are playing 
a significant  part in Europe's drive to promote equal opportunities for people with disabilities. 
The  mainstream  Community  Support  Frameworks  (CSFS)  and  the  Single  Programming 
Documents (SPDS)  1994-1999  either have measures devoted  directly  to disability,  or provide 
measures  which  can  be  utilised  by  people  with  disabilities.  The  Employment  Community 
Initiative has a specific  strand - HORIZON - specially dedicated to the integration in the labour 
market of people with disabilities. 

Other  significant  initiatives  or  programmes  include  Socrates  (partnerships  and  exchange 
between  schools  and  colleges),  Leonardo  da  Vinci  (vocational  education  and  training),  the 
TIDE  Initiative  (Telematics  for  the  Integration  of  Disabled  and  Elderly  Persons)  and RTD 
(Research and Technological  Development).  As the HEART study under TIDE demonstrated, 
although  service delivery  models must be tailored to the characteristics of  individual  Member 
States, a minumum  of convergence on standards should be promoted to make possible  similar 
levels  of  opportunities  for people with  disabilities  and to enhance the competitive  position  of 
European  manufacturers.  ESPRIT, the Information  Technologies  Programme,  contributes  to 
raising levels of  opportunities  - for instance the projects INTER  (the development  of  artifical 
limbs  directly  interacting  with  the human  nervous  system)  and  SCATIS  (virtual  hearing,  the 
results of which  may become  of help to people with  hearing problems). 

A  forthcoming  Communication  from  Directorate  General  XIII  intends  to  outline  an  holistic 
approach to research and development  addressing  the needs and potential  of  older people and 
people with  disabilities.  That Communication  should  outline  a research  agenda  aimed  at the 
generation of knowledge which can help inform decision makers in facing the social, economic 
and environmental  challenges and opportunities presented  by  a European population  which  is 
ageing  and has increasing  numbers of  citizens  with  disabilities. 

The SPORTS programme also includes specific actions for people engaging in sports who have 
disabilities.  The  Community  Action  Plan  to  assist  Tourism,  which  was  established  in  1992, 
considered people with disabilities as a category of tourists which need more focused  attention 
since tourism  and leisure  activities  help  achieve  social  integration  of  people with  disabilities. 
Reference must also be made to the Commission's  1996 Green Paper on transport entitled 'The 
Citizens' Network' which  takes into account  the  needs of  people with  reduced  mobility. 

At a broader regional level the Council  of Europe, in its own landmark resolution of April  1992 
entitled  a 'coherent  policy  for  the integration  of  persons with  disabilities',  has also  developed 
an  interesting  model  for  its  Member  States  to  provide  equal  opportunities  for  persons  with 
disabilities. 

17 

II. 

DRAFT 

RESOLUTION  OF THE  COUNCIL  AND  OF  REPRESENTATIVES 
OF THE  GOVERNMENTS  OF THE  MEMBER  STATES  MEETING 
WITHIN  THE  COUNCIL 

ON 

EQUALITY  OF  OPPORTUNITY 

FOR  PEOPLE  WITH  DISABILITIES 

96/0216 (CNS) 

DRAFT 

RESOLUTION  OF THE  COUNCIL AND  OF REPRESENTATIVES  OF  THE 
GOVERNMENTS  OF THE MEMBER  STATES  MEETING  WITHIN  THE 
COUNCIL 

ON 

EQUALITY  OF  OPPORTUNITY 

FOR  PEOPLE WITH  DISABILITIES 

THE COUNCIL OF THE EUROPEAN UNION AND THE REPRESENTATIVES  OF THE 
GOVERNMENTS  OF  THE MEMBER  STATES  MEETING  WITHIN  THE  COUNCIL 

Having  regard  to the Treaty  establishing  the European  Community; 

Having  regard  to the  Opinion  of the European  Parliament; 

Having  regard  to the  Opinion  of the Economic  and  Social  Committee; 

Having  regard  to the  Opinion  of the  Committee  of the Regions; 

1. 

2. 

3. 

4. 

NOTE  the  Communication  of  the  European  Commission  entitled  "Equality  of 
Opportunity  for  People  with  Disabilities  -  A  New  European  Community  Disability 
Strategy"; 

NOTE that people with disabilities constitute a significant proportion of the population 
of  the  Community  and  that,  as  a group,  they  face  a  wide  range  of  obstacles  which 
prevent them from  achieving equal opportunities, independence and full  economic and 
social  integration; 

NOTE  that respect for human rights is a fundamental  value of the Member  States and 
note that it is specifically  mentioned  in Article F.2 of the Treaty  on European  Union; 

FURTHER  NOTE  that  the  principle  of  equality  of  opportunity  for  all,  including 
people with  disabilities,  represents  a core value  shared  by  all  Member  States; 

19 

5. 

RECALL that the Council  Recommendation  of  24  July  1986  on the  employment  of 

""  * disabled people in the Community1  stipulated that Member  States 

"take all appropriate measures to promote fair  opportunities for  disabled people 
in the field  of employment and vocational training including initial training and 
employment as well as rehabilitation and resettlement" 

EMPHASISE that the free movement of persons, the completion  and development of 
the internal market, and the advancement of the rights of consumers must be ensured 
for  the  benefit  of  all  the  citizens  of  the  European  Union,  including  those  with 
disabilities; 

CONSIDER that increasing social  cohesion within the European Community  implies 
promoting  the  equality  of  opportunity  for,  and  the  elimination  of  discrimination 
against,  people  with  disabilities;  and  furthermore,  EMPHASISE  that  access  to 
mainstream education and training constitutes a precondition for successful  integration 
in economic  and social  life. 

RECALL  that  the  overall  purpose  of  the  United  Nations  Standard  Rules  on  the 
Equalisation  of  Opportunities  for  Persons  with  Disabilities,  adopted  by  the General 
Assembly  on  27  December  19932  is  to  ensure  that  all  people  with  disabilities  may 
exercise the same rights and obligations  as others; 

RECALL  that these  Rules  call  for  action  at all  levels  both  within  States  as well  as 
through international  cooperation to promote the principle of equality  of  opportunity 
for people with disabilities; 

RECALL  that  the  White  Paper  "European  Social  Policy  -  A  Way  Forward  for  the 
Union", adopted by the Commission on 27 July  19943, indicated that the Commission 
intended to prepare an appropriate instrument  endorsing the principles  of the United 
Nations  Standard  Rules  on  the  Equalisation  of  Opportunities  for  Persons  with 
Disabilities; 

EMPHASISE  that  while  responsibility  in  this  field  lies  primarily  with  the Member 
States, the European Community has a contribution to make in promoting cooperation 
between  Member  States  in  this  field  and  in  encouraging  the  exchange  and 
development  of best practice  in the Community; 

EMPHASISE  that  the  aims  set  out  in  this  Resolution  on  the  equalisation  of 
opportunities for people with disabilities and the ending of discrimination  are without 
prejudice to the right of each Member State to lay down its own rules and provisions 

6. 

7. 

8. 

9. 

10. 

11. 

12. 

OJ No L 225/43, 12. 8. 1986. 
United Nations General Assembly Resolution 48/46 of 20 December, 1993. 
COM(94) 333 of 27 July 1994. 

20 

for  achieving  the  said  aims,  and  thus  take  fully  into  account  the  principle  of 
subsidiarity. 

Hereby  ADOPT this Resolution  whereby  the Member  States : 

REAFFIRM  the  principles  and  values  that  underline  the  United  Nations  Standard 
Rules on the Equalisation  of Opportunities for Persons with Disabilities. This entails 

upholding  the  principle  of  equality  of  opportunity  in  the  development  of 
comprehensive  policies  in the field  of  disability,  and 

avoiding  or  abolishing  any  form  of  discrimination  grounded  on  disability. 

Within  the  scope  of this  Resolution, 

"people with  disabilities"  is taken  to include  any  person  with  an impairment  of 
a  physical,  sensory,  mental,  or  intellectual  nature  who  faces  obstacles  to 
participation  on  equal  and  equally  effective  terms with  all  others  in  all  aspects 
of the  life  of  the  community. 

"equalisation  of  opportunities"  denotes  the  process  through  which  the  various 
systems of society  and the environment,  such as services, activities,  information 
and  documentation,  are made available to all  on  an  equal  and  equally  effective 
basis. 

The  principle  of  equal  effective  rights  implies  that  the  needs  of  each  and  every 
individual  are of  equal  importance,  that the respect for  human  diversity  must be the 
basis for  the planning  of  societies  and  that  all  available  resources  must  be  employed 
in  such  a  way  as  to  ensure  that  every  individual  has  an  equal  opportunity  for 
participation. 

UNDERTAKE to adapt relevant  national  policies, where necessary  or appropriate to 
the  Guidelines  appended  to this  Resolution. 

UNDERTAKE  that  there  will  be  mutual  cooperation  and  co-operation  with  the 
Commission in the generation  and collation of base-line data in respect of people with 
disabilities. 

UNDERTAKE  to  ensure  that  representatives  of  people  with  disabilities  are  more 
actively involved in the implementation  and follow-up  of relevant Community  policies 
and  actions  in their  favour. 

21 

Consequently  the Member States INVITE  the Commission: 

a) 

b) 

c) 

To  promote  through  appropriate  mechanisms  -  in  collaboration  with  the  Member 
States and with non-governmental  organisations  of  and for  people with  disabilities -
the  systematic  exchange  of  useful  information,  statistics  and  experience  especially 
concerning  innovative policies and good practice. 

To  ensure  that the  principles  set  out  in  this Resolution  and the  Guidelines  attached 
thereto are also taken into consideration in the internal policies of the Commission and 
in any proposals it submits on Community  legislation,  programmes and initiatives. 

To submit periodic reports to the European Parliament, the Council, the Economic and 
Social  Committee  and  the  Committee  of  the  Regions  on  the  basis  of  information 
supplied  by  the  Member  States,  describing  the  progress  made  and  the  obstacles 
encountered  in implementing  this Resolution. 

And INVITE  other Community  Institutions  and organs to consider  how  they  might 
better integrate the aforementioned  principles in the framework  of their own internal 
policies and activities. 

22 

GUIDELINES. 

Guideline  Framework  for  the Achievement  of  the  principle  of  equality 
of  opportunity  for  people  with  disabilities. 

Set  out  below  are  a  number  of  areas  which  should  be  actively  considered  by  the  Member 
States in  seeking to  achieve  equality  of  opportunity  in the field  of  disability. 

1. 

Empowering People with Disabilities for  Participation  in  Society 

a. 
Respect for  Autonomy and Independence.  This  can  be  done  by  recognising  people 
with disabilities as capable, responsible individuals who have their own and equally legitimate 
life-choices.  Among other things, it entails support for the concept of independent living and 
the means necessary  to achieve it.  The achievement  of integration  and  participation,  as well 
as  the  methods  used,  should  at  all  times  be  fully  consonant  with,  and  respect  the  dignity, 
independence  and  privacy  of the  individual  with  disabilities. 

b. 
Readjusting Education and  Training Systems to Facilitate Participation:  This can  be 
done  by  priming  people  with  disabilities  to  the  very  best  of  their  own  talents  to  enter  and 
participate in  society  on  equal  terms  and  to enter the labour market  at a level  commensurate 
with  their  abilities.  It  is  to  be  achieved,  inter  alia,  by  accelerating  the  trend  of  placing 
children  with  disabilities  into  ordinary  schools  while  respecting  the  principle  of  choice  and 
by  ensuring  a mutually  beneficial  and  inclusive  continuum  between  'ordinary'  and  'special' 
education.  There  should  be  more  active  labour  market  measures  promoting  access  to  open 
and supported employment of people with disabilities. Experimentation with innovative trends 
(teleworking,  self-employment,  integration  into local  employment  initiatives and job  creation 
projects  in the new sectors of employment-intensive  growth,  etc;) can  open  new pathways to 
employment.  The application  of information  and  communication  systems has been  shown to 
enhance the efficiency  and  effectiveness  of the contribution  of disabled  people to the  labour 
training 
market.  A  necessary  component  of  such  a  strategy  entails  a  re-examination  of 
schemes to  ensure their  relevance. 

c. 
Readjusting Welfare and Other Supports to Facilitate Participation:  This can be done 
by re-conceptualising  such  supports to ensure that they  do not compound  the isolation  of the 
individual but that they play their own part in actively facilitating  participation.  In particular, 
the task  of  meeting  the  continuing  needs  of  people with  disabilities  should  be  viewed  as an 
essential support for ongoing participation. General health and, rehabilitation  and preventative 
strategies should be more closely tied, where appropriate, to the pursuit of equal opportunities. 
The  positive  trend  toward  Community  Based  Rehabilitation  (CBR)  should  be  actively 
promoted  and  supported. 

d. 
Moving  Towards  a  Person-Centred  Approach  in  the  Design/Implementation  of 
Support Services : This can be done by improving the design  and delivery  of services. A key 

23 

feature  of  such  changes  should  be  a focusing  on  the  perspective  of  people  with  disabilities 
in  the  initial  design  and  subsequent  review  of  support  systems  and  in  their  concrete 
implementation. 

e. 
Mainstreaming  : This can be done by giving priority  to the provision  of  services and 
assistance within  mainstream  structures  and ensuring that people with  disabilities  are able to 
live  in  the  community  and  pursue  an  ordinary  lifestyle  with  the  necessary  level  of  support 
which  should  be  efficient  and  cost-effective. 

/ 
Ensuring Seamless Provision  of Services: This can be done by taking  steps to  ensure 
coordination of service design and delivery, by providing a process for clarifying jurisdictions 
arid  fields  of  responsibilities,  by  ensuring  that  provision  tracks  the  life-cycle  of  people  with 
disabilities  and  that  no  gaps  exist,  and  by  the  development  of  cohesive  and  accessible 
information  strategies.  Special  consideration  should  be  given  to the  establishment  of  inter 
departmental  coordination  groups. 

I 
g\ 
Ensuring  tlte Principle  of Participation:  This  can  be  achieved  by  encouraging  and 
facilitating  the gro^jvth  of directly  representative  non-governmental  organisations  (NGOs) of 
people  with  disabilities  and  the development  of  dialogue  at all  levels  in  the  formulation  and 
evaluation  of  all  relevant  legislative  measures  and  in  the  delivery  of  services.  This  should 
also  include all  policy  areas which  may  have implications  for  the enjoyment  of the  principle 
of  equality  of  opportunity  for  people  with  disabilities.  Such  participation  should  be  seen  as 
a  prerequisite  to  effective  policy  development.  Special  consideration  should  be  given  to 
supporting  national  networks  of  such  NGOs  through,  inter  alia,  the  use  of  information 
technology.  Special  consideration  should  also  be  given  to  engaging  such  NGOs  as  full 
partners  with  local  authorities,  business  and  commercial  organisations,  and  trade  unions  in 
developing  local  strategies  in  favour  of  equal  opportunities  and  non-discrimination. 

2. 

Removing  Access  Barriers  to  Participation: 

This  can  be  done  by  progressively 

Viewing access issues in the light of the principle  of equality of  opportunity and the right to 
removing  existing  architectural, 
participate: 
communications and transport barriers and by developing detailed  and enforceable  guidelines 
on accessibility.  It can also be done by ensuring a barrier-free  environment  in the design and 
construction  of  new  facilities  and  in  the development  of  new  communications  technologies. 
Special  consideration  is  required  of  the  need  to  harness  positive  developments  in  the  field 
of  information  and  communications  technologies. 

3. 

Opening  Up  Various Spheres  of  Society 

a. 
By  Upholding the equal civic status of people  with disabilities  : This can  be done by 
giving  people  with  disabilities  equal  and  equally  effective  rights  to  enter  and  participate  in 
all  spheres of  society  including the  social,  educational,  economic,  cultural,  sporting,  tourism 
and political  spheres.  Among other things, this may entail the provision  of anti-discrimination 

24 

measures  and  remedies.  Any  such  anti-discrimination  measures  should  incorporate  the 
principle  of  'reasonable accommodation'  to the  situation  of  people with  disabilities.  Equal 
concern must also be placed on substantive matters concerning steady and real improvements 
in the quality  of life. 

By  Promoting Employment for  people  with  disabilities as a  key  to integration:  This 

b. 
can be done by implementing  concerted  strategies to that end at various levels: in education, 
training, employment, non-discrimination, social welfare, social services, housing, health, etc. 
Again, these are areas where the introduction of anti-discrimination  legislation may be called 
for.  Any  such  legislation  should  normally 
'reasonable 
accommodation' to the situation of the person with disabilities.  Special consideration should 
also be given to actively developing and facilitating the trend toward 'supported employment'. 

include  the  requirement  of 

4. 

Nurturing  Public  Opinion to be Receptive to  Strategies  on Equality of 
Opportunity for  People  with Disabilities. 

Developing  awareness and  education: This  can  be  done  by  the  development  of  strategies 
aimed  at  influencing  fundamental  social  attitudes  to  people  with  disabilities  through 
awareness-raising  and  information.  Such  strategies  should  be  aimed  at  focusing  public 
attention  on  the  individual  before  and  behind  the  disability.  They  should  be  directed  at 
making the public  aware of  the positive  abilities  of  people  with  disabilities  as well  as their 
equal  human desire and right to participate  and share in the obligations  of participation. 

25 

ISSN 0254-1475 

COM(96) 406  final 

DOCUMENTS 

EN 

05  04 

Catalogue number  : CB-C0-96-422-EN-C 

ISBN 92-78-07942-1 

Office for Official  Publications of the European Communities 

L-2985 Luxembourg 

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