WRITTEN QUESTION E-2146/03 by John Bowis (PPE-DE) to the Commission. Commission response to Council Conclusions on health matters.
Date: 2003-06-27
Institutions: European Parliament, Provisional data
Subjects: EU employment policy, European social policy, discrimination based on disability, health policy, integration of people with disabilities, mental health, mental illness, mental stress

8.4.2004

EN

Official Journal of the European Union

C 88 E/387

(2004/C 88 E/0393)

WRITTEN QUESTION E-2146/03

by John Bowis (PPE-DE) to the Commission

(27 June 2003)

Subject: Commission response to Council Conclusions on health matters

How is DG Social Affairs working to bring forward proposals in response to the Council Conclusion of
31 March 2003 (Combating stigma and discrimination in relation to mental
the Council
Conclusion of 18 March 1999 (Mental health promotion) and the Council Conclusion of 15 March 2001
(Combating stress and depression)?

illness),

Answer given by Mrs Diamantopoulou on behalf of the Commission

(31 July 2003)

Issues relating to mental health fall mainly within the remit of the Directorate General for Health and
Consumer Protection.

However, as far as discrimination in employment is concerned, the Community can, under Article 13 of
the EC Treaty, take appropriate action within the limits of its powers to combat discrimination, inter alia,
on the grounds of disability. On the basis of these powers, the Council adopted on 27 November 2000
Directive 2000/78/EC establishing a general
in employment and
occupation (1). This Directive prohibits any discrimination in these areas, be it direct or indirect, on the
grounds of religion or belief, disability, age or sexual orientation. The Council Directive prohibits
discrimination against individuals with disabilities who otherwise meet the skill, experience, education and
other job-related requirements of a position held or desired and who, with or without reasonable
accommodation, can perform the essential functions of a job. People with mental health problems could,
in this context, avail of the protection afforded by the Directive.

framework for equal

treatment

With regard to disability, this Directive recognises that the failure to provide reasonable accommodation in
the workplace can constitute discrimination. 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.

As to the poverty and social exclusion dimension, issues relevant to the situation of disabled people are
covered by common objectives agreed at the European Council of Nice in December 2000, in particular
through objective 3 ‘action for the most vulnerable’.

The Joint Report on Social Inclusion (JIR), based on an analysis of the National Action Plans (NAPs)
elaborated by Member States in 2001, identifies a number of recurring risks or barriers that play a critical
role in limiting people’s access to the main systems that facilitate inclusion in society. In the case of people
with disabilities the majority of Member States clearly identify them as a group potentially at risk of social
exclusion and set out a more or less coherent strategy for their inclusion.

The issue of mental health is raised by a majority of NAPs/inclusion Member States agree on the need to
tackle mental health problems through various sets of policy measures, relying in particular on greater
local and regional co-operation, better provision of outreach and emergency accommodation services and
specific training for health and social services’ employees.

(1) OJ L 303, 2.12.2000.