WRITTEN QUESTION E-0961/02 by Reinhold Messner (Verts/ALE) to the Commission. Discrimination against people with disabilities.
Date: 2002-04-15
Institutions: European Parliament, Provisional data
Subjects: Austria, EC Directive, anti-discriminatory measure, discrimination based on disability, job access, national implementing measure

26.9.2002

EN

Official Journal of the European Communities

C 229 E/167

(2002/C 229 E/193)

WRITTEN QUESTION E-0961/02

by Reinhold Messner (Verts/ALE) to the Commission

(15 April 2002)

Subject: Discrimination against people with disabilities

According to Article 6 of the EU Treaty, the European Union is based on the principles of freedom,
democracy, respect for human rights and fundamental freedoms and the rule of law. Under Article 13 of
the Amsterdam Treaty the Union can take appropriate measures to combat discrimination on grounds of
disability. Article 1 of Directive 2000/78/EC (1) states that ‘the purpose of this Directive is to lay down a
[…] disability, age or sexual
general
orientation as regards employment and occupation, with a view to putting into effect in the Member States
the principle of equal treatment’. Article 2 goes on to say that ‘indirect discrimination shall be taken to
occur where an apparently neutral provision, criterion or practice would put persons having […] a
particular disability […] at a particular disadvantage compared with other persons’.

framework for combating discrimination on the grounds of

Against this background, how does the Commission view the decree of the South Tyrol provincial
government which entered into force on 1 November 2001, whereby people with disabilities can be
required to pay a contribution of up to € 500 per month for a place in sheltered employment, up to € 400
per month for a place in a rehabilitation centre and approximately € 2 000 per month for a place in
sheltered accommodation for people with disabilities?

Does the Commission not take the view that this system puts people with disabilities at a particular
disadvantage and undermines the aims set out in the EC Treaty, particularly that of ‘the attainment of a
high level of […] social protection, raising the standard of living and the quality of life, economic and
social cohesion and solidarity’ (Directive 2000/78/EC, Recital 11).

(1) OJ L 303, 2.12.2000, p. 16.

Answer given by Mrs Diamantopoulou on behalf of the Commission

(29 May 2002)

The Treaty establishing the European Community empowers it to combat all discrimination based on
gender, racial or ethnic origin, religion or belief, disability, age or sexual orientation (Article 13).

On the basis of Article 13, the Council adopted Directive 2000/78/EC of 27 November 2000 establishing a
general framework for equal treatment in employment and occupation (1).

This Directive prohibits all discrimination based on disability, particularly in the conditions for access to
employment, including selection criteria, for both the public and the private sectors.

This Directive must now be transposed into national law so that those concerned can exercise and enjoy
the rights it confers on them. Member States have until 2 December 2003 to transpose it, with the option
of a further three years to transpose provisions relating to discrimination based on disability or age.

Before this deadline, the Commission cannot intervene with regard to the alleged case of discrimination
raised by the Honourable Member.

(1) OJ L 303, 2.12.2000.