Communication from the Commission to the Council and the European Parliament - Towards a United Nations legally binding instrument to promote and protect the rights and dignity of persons with disabilities
Date: 2003-01-24
Institutions: European Commission
Subjects: discrimination based on disability, equal treatment, human rights, international instrument

COMMISSION OF THE EUROPEAN COMMUNITIES

Brussels, 24.1.2003
COM(2003) 16 final

COMMUNICATION FROM THE COMMISSION TO THE COUNCIL
AND THE EUROPEAN PARLIAMENT

Towards a United Nations legally binding instrument
to promote and protect the rights and dignity
of persons with disabilities

COMMUNICATION FROM THE COMMISSION TO THE COUNCIL
AND THE EUROPEAN PARLIAMENT

Towards a United Nations legally binding instrument
to promote and protect the rights and dignity
of persons with disabilities

EXECUTIVE SUMMARY

The purpose of this Communication is to set out the European Commission's support for a
United Nations (UN) legally binding instrument to protect and promote the rights and dignity
of persons with disabilities, and to explain why an active participation of the European
Community in the development of such an instrument is indispensable.

Discussions have started to take place in the framework of a UN Ad Hoc Committee set up by
UN Resolution 56/168 to " consider proposals for a comprehensive and integral international
convention to protect and promote the rights and dignity of persons with disabilities".

Even if there is no doubt that general human rights standard apply to people with disabilities,
there is widespread evidence that they face major obstacles to enjoy these rights. This has
been explicitly recognised at the international level. Respect of the equality principle which is
at the core of any human rights instrument requires recognising that people with disabilities
are entitled to enjoy the full range of internationally guaranteed rights and freedoms and to do
so without discrimination on the grounds of disability. This should be the added value of a
new UN legally binding instrument which would complement the existing human rights
framework. Thematic conventions have demonstrated added value and complementarity with
existing human rights instruments.

The emphasis on discrimination is fully in line with the Community rights-based approach to
disability, which implies that people with disabilities should have the opportunity to enjoy
their rights on an equal footing with the rest of the population. It is also in line with policy
developments which have taken place on the basis of 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.

Active Community participation in efforts at the international level to develop effective
mechanisms to combat discrimination against people with disabilities would be a natural
complement to the European Year of People with Disabilities. It would also send a strong
signal to the international community of the importance which the Community attaches to
promoting the rights of people with disabilities.

Therefore the Commission will soon propose a recommendation to the Council in order to
authorise the Commission to negotiate in the context of forthcoming sessions of the UN Ad
Hoc Committee and to conduct these negotiations on behalf of the European Community.

2

1.

INTRODUCTION

Discussions have started to take place in the framework of a United Nations (UN) Ad Hoc
Committee set up by the UN resolution 56/168 to "consider proposals for a comprehensive
and integral international convention to protect and promote the rights and dignity of persons
with disabilities"1. The Commission welcomes this debate at the international level. This
debate is very much in line with the Community's policy to combat discrimination
implemented in accordance with Article 13 of the EC Treaty, and with the key objectives
agreed by the Member States for the European Year of People with Disabilities in 2003.

The purpose of this Communication is to set out the European Commission's position
regarding a possible international legally binding instrument.

The Communication explains the UN background to this issue. It considers the human rights
approach to disability and presents the potential added value of a UN legally binding
instrument. The Commission considers that the primary purpose of such an instrument should
be to draw out and make more directly relevant and visible the application of general human
rights standards in the context of disability. Rather than create new law, the instrument should
tailor the existing human rights implementation standards to the specific circumstances of
people with disabilities, thereby improving access for people with disabilities to their rights.

Drawing upon the Community's experience in the field of combating discrimination and the
implementation of Directive 2000/78/EC concerning equal treatment
in employment and
occupation, which includes specific provision for people with disabilities, the Communication
outlines the guiding principles that the envisaged instrument should contain. Finally, the
Communication signals the Commission's intention to contribute actively to the development
of such an instrument, given the Community's competence in the field of combating
discrimination.

2.

BACKGROUND

The debate in the UN about a thematic Convention on the rights of persons with disabilities is
not a new one. Disability issues have been considered on several occasions in the UN history.
In the 1970's, two declarations, the Declaration on the Rights of Mentally Retarded Persons
(DRMRP)2 and the Declaration on the Rights of Disabled Persons (RDP)3, were the first
instruments in which the human rights of persons with disabilities were explicitly recognised.
Although these declarations constituted important first steps toward awareness of disability
rights, they were criticised for being based on outmoded medical and welfare models of
disability.

Two further instruments in the late 1980's - the Principles for the Protection of Persons With
Mental Illnesses and the Improvement of Mental Health Care (PPPMI)4 and the Standard
Rules on the Equalisation of Opportunities for Persons with Disabilities (StRE)5 put the

1

2

3

4

5

http://www.un.org/esa/socdev/enable/disA56168e1.htm
Proclaimed
by General Assembly
http://www.unhchr.ch/html/menu3/b/m_mental.htm
Proclaimed
http://www.unhchr.ch/html/menu3/b/72.htm
G.A. res. 46/119, 46 UN. GAOR Supp. (No. 49) at 189, UN. Doc. A/46/49 (1991)
Adopted by the United Nations General Assembly, forty-eighth session, resolution 48/96, annex, of 20
December 1993, http://www.un.org/esa/socdev/enable/dissre00.htm

by General Assembly

20 December

9 December

resolution

resolution

(XXVI)

(XXX)

1971,

1975,

2856

3447

of

of

3

emphasis on equal opportunities. All these instruments have been useful in spelling out the
rights to independence and self-determination for people with disabilities, and have improved
understanding of the general human rights conventions insofar as they relate to people with
disabilities. Nonetheless, all these instruments are not binding on the UN member states and
contain no provisions for monitoring of disabled people's rights.

It is in this context that, in December 2001, the Government of Mexico put forward UN
Resolution 56/168, calling for consideration of a convention on the human rights of persons
with disabilities and calling for the immediate formation of an ad-hoc committee. This ad-hoc
committee would "consider proposals for a comprehensive and integral
international
convention to protect and promote the rights and dignity of persons with disabilities". Backed
with the support of the Third Committee (on social issues), this Resolution was passed in the
UN General Assembly without any vote.

Subsequently, the UN Commission for Social Development adopted a resolution on 21
February 2002, which welcomes the UN Resolution 56/168 on a comprehensive and integral
international convention to promote and protect the rights and dignity of persons with
disabilities. This resolution was followed by resolution 2002/616 adopted on 26 April 2002 by
the UN Commission on Human Rights.

Following this, the Ad Hoc Committee held its first session from 29 July to 9 August 2002. In
its Recommendations to the UN General Assembly, the Ad Hoc Committee has invited inter
alia "regional commissions and inter-governmental organisations, as well as non-
governmental organisations to make available to the Ad Hoc Committee suggestions and
possible elements, to be considered in proposals for a Convention".

3.

THE ACCESSIBILITY OF HUMAN RIGHTS IN THE CONTEXT OF DISABILITY

The United Nations estimates that more than half a billion people are disabled as a result of
mental, physical or sensory impairment and no matter which part of the world they are in,
their lives are often limited by physical, technical or social barriers. The majority of disabled
people live in developing countries where they also experience poverty and lack of basic
social services and education. People with disabilities do not constitute a homogeneous group
and there is a broad range of disabilities and corresponding issues. Disabilities may be
apparent or hidden, severe or mild, singular or multiple, chronic or intermittent. Types of
disabilities
and visual
impairments. When people with disabilities are in an environment which fails to
accommodate the consequences of their impairments, they face barriers and obstacles to
exercising their rights and enjoying equal opportunities on the same basis as other people.

include mobility/agility, mental/cognitive, hearing,

speaking,

The existing legal framework

Key human rights instruments – including the Universal Declaration of Human rights and the
International Covenants on Civil and Political Rights and Economic, Social and Cultural
Rights – make clear that human rights are vested in all human beings and that everyone is
entitled to the enjoyment of those rights without distinction of any kind. The entitlement to
full enjoyment of all human rights without discrimination extends to people with disabilities –
the challenge is to ensure that this entitlement is fully recognised and realised.

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http://www.unhchr.ch/huridocda/huridoca.nsf/(symbol)/E.CN.4.RES.2002.61.EN?opendocument

4

Respect of the equality principle which is at the core of any human rights instrument
requires ensuring that people with disabilities can exercise their rights on an equal basis as
other people. Although there has been significant progress over the past few years, a number
of problems remain which prevent people with disabilities from fully participating in society.
A key question therefore is whether or not the current protection provided by the
existing international human rights instruments is adequate for people with disabilities.

The political will to secure rights of people with disabilities

The international community has underlined its commitment to the principle that human
rights are vested equally in people with disabilities. For example, the World Conference on
Human Rights in Vienna7, Paragraph 63 of the Vienna Declaration and Programme of Action
states:

"The World Conference on Human Rights reaffirms that all human rights and fundamental
freedoms are universal and thus unreservedly include persons with disabilities. Every person
living
is born equal and has the same rights to life and welfare, education and work,
independently and active participation in all aspects of society. Any direct discrimination or
other negative discriminatory treatment of a disabled person is therefore a violation of his or
her rights. The World Conference on Human Rights calls on Governments, where necessary,
to adopt or adjust legislation to assure access to these and other rights for disabled persons".

The evidence of discrimination.

Whilst on terms of the international human rights legal framework people with disabilities are
vested with the same human rights as everyone else, the reality is that they face lack of equal
effective enjoyment of their rights. This problem is well documented at international level.

The Special Rapporteur of the United Nations High Commission on Human Rights8, in its
report on Human Rights and Disability indicated that:

"In most countries, human rights violations against disabled people take the form of
unconscious discrimination,
including the creation and maintenance of man-made (sic)
barriers preventing disabled people from enjoying full social, economic and political
participation in their communities. Most governments appear to have a narrow understanding
of human rights vis-à-vis disabled people and believe they need only abstain from taking
measures, which have a negative impact on them. As a consequence, disabled people are
neglected in the area of human rights policy and legislation".

The Office of the Special Rapporteur on Disability of the United Nations Commission for
Social Development9 organised a seminar on Human Rights and Disability whose purpose
was to draft guidelines for more effective identification and reporting of violations and abuse
of the human rights of persons with disabilities. On this occasion, incidents of abuses and
violations of people with disabilities' human rights were reported.

7

8

9

World Conference on Human Rights - Vienna - 14/25 June 1993-
http://www.unhchr.ch/huridocda/huridoca.nsf/(Symbol)/A.CONF.157.23.En?OpenDocument
Report on Human Rights and Disability by Leandro Despouy
http://www.un.org/esa/socdev/enable/dispaperdes0.htm
"Let the World Know" - Seminar on Human Rights and Disability ,Stockholm, November 5-9, 2000 -
http://www.un.org/esa/socdev/enable/stockholmnov2000.htm

5

Inclusion International, a non-governmental organisation, submitted a written statement10 to
the UN Human Rights Commission in which it highlighted that:

"In practice, people with disabilities continue to be marginalised. People with intellectual
disability, in particular, are the most likely of all to be incarcerated in inhumane institutions.
They are commonly deprived of an education, refused ordinary social relationships, blocked
from meaningful and gainful employment, reduced to irrevocable poverty… their civil and
political rights are frequently abused, as are their physical persons."

This experience at international level is mirrored by experience at the European level. In the
context of the annual European Days of Disabled People sponsored by the European
Community, disability organisations reported cases where people with disabilities were
denied equal treatment on the grounds of their disability. In particular, a report prepared in the
context of the 1995 European Day of Disabled People, "Invisible Citizens" examined the
status of disabled people in Europe from a legal perspective and described in very concrete
terms the discrimination encountered by disabled people on a daily basis11.

The European Disability Forum, the largest disability organisation in Europe, published the
findings of a survey among all its national members' organisations on the "violence and
discrimination against disabled people"12 in 1999. The report refers to surveys, which
revealed that disabled people are the victims of a high number of incidents and suffer from
violence and discrimination in many forms.

The European Parliament has referred on several occasions to the adverse situation of people
with disabilities and the discrimination which they experience throughout the Union13, and
put a strong emphasis on the need for developing policies in areas such as education and
employment. The European Economic and Social Committee has spoken of the grave
situation faced by people with disabilities. The European Committee of the Regions has also
referred to the exclusion and discrimination felt by people with disabilities in Member States.
These problems have also been observed in Candidate Countries.

The Council of Europe has recently published a report on "safeguarding adults and children
with disabilities against abuse"14. The report underlines that "their fundamental human rights
may still be compromised including the fulfilment of basic needs such as nutrition, warmth,
hygiene and privacy".

10

11

12

13

14

Human Rights Commission - fifty-seventh session
http://www.unhchr.ch/Huridocda/Huridoca.nsf/TestFrame/dbe1af0a89688693c12569eb00453f88?
opendocument
The document reported cases where a travel agency was ordered by a Member State court to pay
compensation to a group of non-disabled tourists because they had to share their holiday hotel with
disabled tourists. Other typical examples of discrimination include disabled people being barred from
restaurants because "they do not present the right image".
European Disability Forum - Position paper 99/5 - "Report on violence and discrimination against
disabled people" - http://www.edf-feph.org/en/publications/publi/publi.htm
See in particular "Report on the rights of disabled people", A40391-96 (Mary Banotti report)
Council of Europe Publishing - ISBN 92-871-4919-4- Council of Europe, July 2002

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4.

THE EU RIGHTS-BASED APPROACH TO DISABILITY

The European Union has made considerable progress in acknowledging the need to ensure the
equal effective enjoyment of all human rights by people with disabilities. In its 1996
Communication on equal opportunities for disabled people15, the Commission made clear that
"the old medical-centred approach is now giving way to a social one which puts much
stronger emphasis on identifying and removing the various barriers to equal opportunities and
full participation in all aspects of life for people with disabilities".

This social approach to disability seeks to achieve the full participation in society of people
with disabilities by breaking down the barriers that prevent
the realisation of equal
opportunity, full participation, and respect for difference. Changes in the way societies are
organised can substantially reduce or even overcome obstacles encountered by people with
disabilities. It noted 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".

the circumstances of people with disabilities and the
This analysis recognises that
discrimination they face, are socially created phenomena which are not directly related to
their impairments per se. While the medical approach is often characterised as locating the
"problem" of disability within the person, the social approach locates the problem of disability
in the environment, which fails to accommodate people with disabilities. For example, the
social approach would conclude that
the reason why a deaf person cannot watch TV
programmes or attend conferences is not located in his/her deafness but in the fact that TV
programmes are not subtitled or that conferences do not have interpretation in sign
languages16.

This is a critical reorientation of perspective, which has important implications for the way in
which policy and law in relation to disability are developed and interpreted, as well as for its
substantive content. It focuses on the many barriers within the existing social environment
faced by people with disabilities who seek to carry out the usual activities of everyday life and
to participate in the full range of activities in society. Thus, the problem is not in the
impairment itself but rather is one which results from the structures, practices and attitudes
that prevent the person from exercising his or her capabilities.

Following this 1996 Communication, the Council of the European Union and Member States
reaffirmed their commitment to the principle of equality of opportunity17 in the development
of comprehensive policies in the field of disability, and to the principle of avoiding or
eliminating any form of negative discrimination on the sole grounds of disability.

The growing attention to the discrimination on the grounds of disability as well as on a
number of other grounds was reflected in the preparatory work to the Amsterdam Treaty. This

15

16

17

COM(96) 406 final of 30 July 1996
Technological developments can contribute to the integration of persons with disabilities. It is essential
to ensure that they do not create additional barriers to this integration.
Resolution of the Council and of representatives of governments of Member States meeting within the
Council on equality of opportunity for people with disabilities - 20 December 1996

7

led to the introduction, in the EC Treaty, of a general anti-discrimination article18 which
enables the Community to combat discrimination, inter alia, on the grounds of disability. For
the first time, disability is explicitly mentioned in a European Treaty and the need for
combating discrimination on this ground is publicly acknowledged.

On the basis of this new Treaty article, the Council adopted on 27 November 2000 Directive
2000/78/EC19 "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 orientation20. With regard to disability,
this Directive recognises that the failure to provide a reasonable accommodation in the
workplace can constitute discrimination. In practical terms such 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.

The obligation to accommodate is aimed at removing barriers to the participation of people
with disabilities in employment. This means that employers shall take appropriate measures to
enable people with disabilities to have access to, participate in, or advance in employment, or
to undergo training, unless such measures would impose a disproportionate burden on the
employer. Rather than aiming to achieve identical results for disabled people, as compared to
non-disabled people, it simply aims to ensure that people with disabilities are afforded an
equal opportunity to achieve those results21.

The Charter of Fundamental Rights proclaimed at the European Council
in Nice on 7
the European Parliament and the
December 2000, by the Presidents of the Council,
Commission includes the prohibition of any discrimination on the ground of disability
(Article 21). It also recognises as a fundamental right "the right of persons with disabilities to
benefit from measures designed to ensure their independence, social and occupational
integration and participation in the life of the community" (Article 26).

This approach of enabling people with disabilities to full and equal enjoyment of their rights
has been endorsed by the Council of the European Union in its Decision establishing 2003 as
the European Year of People with Disabilities22. The Year will provide the European Union a
unique opportunity to promote equal rights and full participation in society for people with
disabilities. It will improve the knowledge on and the visibility of disability issues23. It is
expected to act as a catalyst for a new political impetus to achieving equal rights for people
with disabilities both at the European and at international level, which will continue well after
the closure of the Year.

18

19

20

21

22

23

Article 13: Without prejudice to the other provisions of this Treaty and within the limits of the powers
conferred by it upon the Community,
the Council, acting unanimously on a proposal from the
Commission and after consulting the European Parliament, may take appropriate action to combat
discrimination based on sex, racial or ethnic origin, religion or belief, disability, age or sexual
orientation
Official Journal, L 303, 2.12.2000, p. 16
Discrimination on the grounds of sex and ethnic or racial origin is dealt with under other directives.
"The Framework Directive for equal treatment in employment and occupation: an analysis from a
disability rights perspective" by Richard Whittle - European Law Review - June 2002
Council Decision n° 2001/903/EC of 3 December 2001
As a support for this action, the results of the ad hoc module on employment of people with disabilities
in the 2002 European Union Labour Force Survey will be published by EUROSTAT by the end of
2003.

8

The Commission believes that this emphasis on the rights approach to disability should be
reflected in the evolution of international human rights standards relating specifically to
disability. Such an achievement at international level would in turn reinforce the coherence
between internal and international action of the EU.

In this regard, the Commission notes the statement of the Danish Presidency on behalf of the
European Union at the UN Third Committee's meeting on 3 October 200224 whereby it
welcomed the stronger focus put on the rights of persons with disabilities and recognised the
usefulness of an international legally binding instrument to promote and protect the rights of
persons with disabilities.

5.

ADDED VALUE OF A NEW UN LEGALLY BINDING INSTRUMENT

Under the global umbrella of the Charter of the United Nations six specific conventions have
been developed and are implemented with regard to Human Rights:

• International Covenant on Civil and Political Rights (CCPR);

• International Covenant on Economic, Social and Cultural Rights (CESCR);

• Convention against Torture (CAT);

• Convention on the Elimination of All Forms of Discrimination against Women (CEDAW);

• Convention on the Rights of the Child (CRC), and the

• Convention on the Elimination of All Forms of Racial Discrimination (CERD).

In a study commissioned by the United Nations Commission for Human Rights,
two
renowned disability and human rights experts25 have attempted to clarify the relevance of
these six United Nations human rights treaties to disability. They also reviewed how the
system actually works in practice with respect to disability, by looking at how States parties
report to the treaty monitoring bodies on human rights and disability and how the current
treaty monitoring bodies respond. While underlining a positive move towards considering
disability as a human rights issue, the study calls for a thematic convention as an "aid to the
mainstreaming of disability in United Nations human rights instruments".

Throughout the 1970’s and 1980’s, the United Nations began recognising certain populations
as being particularly vulnerable to human rights violations. To ensure their protection under
international law, the United Nations adopted thematic legally binding instruments such as the
Convention on the Elimination of Discrimination Against Women (CEDAW), the Convention
on the Rights of the Child (CRC), and the Convention on the Elimination of All Forms of
Racial Discrimination (CERD). These Conventions created legal protections addressing the
social, political and cultural circumstances of these populations. They have demonstrated
added value and complementarity with existing Human Rights instruments and there is no

24

25

http://www.eu2002.dk/news/news_read.asp?iInformationID=23164
Prof. Gerard Quinn and Mrs Theresa Degener , "Human Rights and Disability- the current use and
future potential of United Nations human rights instruments in the context of disability" - February
2002- UN Human Rights Commission, http://www.unhchr.ch/html/menu6/2/disability.doc

9

reason why a legally binding instrument on people with disabilities should not follow the
same course.

It should be explicitly acknowledged and recognised at international level that people with
disabilities are entitled to enjoy the full range of internationally guaranteed rights and
freedoms and to do so without discrimination on the ground of disability. Not only would this
give the claim of universality of human rights real meaning, but it would underline the fact
that people with disabilities are full members of the community, equal in dignity and entitled
to enjoy the same human rights and freedoms as others, without discrimination.

A key tool in achieving equality is the non-discrimination principle. Equal access to the
human rights can be guaranteed by ensuring that people with disabilities are not discriminated
against on the grounds of their disability. The legally binding instrument should protect
people with disabilities from discrimination in having access to and enjoying human rights.

Non-discrimination, and the equal enjoyment of all human rights by people with disabilities,
is currently the dominant and crucial theme as regards changing the way disability and the
disabled people are viewed throughout the world. Non-discrimination is intrinsic to the
principle of equality. It covers both direct and indirect discrimination.

The concept of indirect discrimination is particularly important in this context. It is deemed to
occur where an apparently neutral provision, criterion or practice would put some people at a
particular disadvantage compared to others. The recognition of indirect discrimination as a
form of discrimination is generally considered to reflect a more substantive interpretation of
the notion of equality. As with the concept of substantive equality, the notion of indirect
discrimination is primarily concerned with the outcome of a form of treatment. The
prohibition of
indirect discrimination on the grounds of disability thus allows for
consideration of individual or environmental differences which, in a particular situation, result
in denying equal opportunities to individuals belonging to a protected group26.

The UN legally binding instrument would serve to tailor the application of human rights to
people with disabilities. This would not in the main create new rights but would seek to
clarify and make more visible existing human rights. It could help trigger a positive dynamic
of reform where it is currently lacking and would further underpin positive trends elsewhere.
It could develop a knowledge-base and set of insights that could serve to further the
mainstreaming of disability. It could provide a focal point for the disability movement and
help it
to influence policy and legislative change. It should also seek to establish an
institutional framework to monitor the global human rights condition of people with
disabilities. In sum, it should set concrete standards for government conduct according to
which States will guarantee equal effective enjoyment of human rights by people with
disabilities and will undertake to put forward internal legislation and policies in line with
applicable human rights standards.

In view of the above, it is important and useful to develop a new UN legally binding
instrument which spells out
the relevance and application of the general human rights
standards to persons with disabilities. It would provide a clear signal from and to the
international community and serve as a political catalyst and educational tool to enable a
change in the way people with disability enjoy their rights.

26

"The Expanding Concept of Employment Discrimination in Europe: From Direct and Indirect
Discrimination to Reasonable Accommodation Discrimination" -Lisa Waddington & Aart Hendriks
International Journal of Comparative Labour Law and Industrial Relations

10

6.

GUIDING PRINCIPLES FOR A FUTURE LEGALLY BINDING INSTRUMENT

The Commission calls for an effective and realistic legally binding instrument to promote
and protect the rights and dignity of persons with disabilities. This instrument should be
guided by the following overarching principles:

• a reaffirmation in law of the principle that people with disabilities have the same

fundamental rights as the rest of humanity;

• a reaffirmation in law of the core values at stake: namely equality, dignity, liberty and

solidarity;

• the securing of the equal effective enjoyment of all human rights for people with
disabilities through the combating of all forms of discrimination on the grounds of
disability,
treatment and the accommodation of
difference.

including the promotion of equal

The instrument should refer to and identify the full spread of human rights including political
and civil/fundamental rights as well as economic, social and cultural rights. In line with the
above mentioned human rights approach, the instrument should highlight that states should
take action to ensure that in reality people with disabilities are in a position to exercise their
rights. The establishment of a strong monitoring mechanism and the specification of
enforcement provisions is crucial to the successful implementation of this new international
instrument.

The Commission believes that the current mechanisms put in place by the Convention on the
Elimination of All forms of Racial Discrimination, by the Convention on the Elimination of
Discrimination Against Women, and by the Convention on the Rights of the Child,
respectively, cap provide some useful pointers as to how this issue might be dealt with in the
context of disability issues.

In dealing with discrimination, it is necessary to take into account the diversity of people with
disabilities as well as their common experience of discrimination. In addition it is worth
noting that experience of discrimination on the grounds of disability has some common
features with the experience of discrimination on other grounds and indeed people with
disabilities can be victims of multiple discrimination (on the grounds of sex, racial or ethnic
origin, religion or belief, age or sexual orientation).

The participation of people with disabilities in decisions that concern them is a fundamental
principle that must be reflected in international law and policy. All stakeholders, and first and
foremost disability and human rights organisations and their representatives, should be fully
involved into the process of the development of the UN legally binding instrument. The
Commission welcomes the resolution on the "accreditation and participation of non-
governmental organisations" in the Ad Hoc Committee's inaugural session, which was put
forward by the Danish EU Presidency and recommends that these working methods continue
the involvement of non-
in the forthcoming meetings. The Commission believes that
governmental organisations in this process, amongst other things, must be fully participatory
and inclusive of people with disabilities themselves.

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7.

CONCLUSIONS

In light of the above, and without pre-empting any substantive discussion, the core of the
debate currently taking place is how to ensure that people with disabilities do not suffer
discrimination when accessing or enjoying the full panoply of existing human rights.

Article 13 of the EC Treaty enables the Community to combat discrimination, be it on the
grounds of sex, racial or ethnic origin, religion or belief, disability, age and sexual orientation,
in the areas of Community competence, and the Community has already made use of these
new provisions in particular in the in the areas of employment and occupation. The
Commission considers that
the European Community confirms at
international level its overall strategy with regard to disability, the core of which is a shared
commitment by all Member States to combat discrimination on this ground.

is important

that

it

It is therefore the Commission's intention to play an active role on behalf of the European
Community in the process of the development of a future UN legally binding instrument to
promote and protect the rights and dignity of persons with disabilities. The Commission will
also seek to ensure consistency between European internal and international action regarding
disabled people.

Therefore the Commission will soon propose a Recommendation to the Council in order to
authorise the Commission to negotiate in the context of forthcoming sessions of the UN Ad
Hoc Committee established to "consider the proposals for a comprehensive and integral
international convention to protect and promote the rights and dignity of persons with
disabilities" and to conduct these negotiations on behalf of the European Community, the
Council appointing a special committee to assist it in this task.

12