Opinion of the European Economic and Social Committee on the Communication from the Commission to the Council, the European Parliament, the European Economic and Social Committee and the Committee of the Regions — Situation of disabled people in the enlarged European Union: the European Action Plan 2006-2007  COM(2005) 604 final
Date: 2006-04-20
Institutions: European Economic and Social Committee
Subjects: ESC opinion, European social policy, action programme, disabled person, equal treatment, integration of people with disabilities, political participation

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Opinion of the European Economic and Social Committee on the Communication from the
Commission to the Council,
the European Economic and Social
Committee and the Committee of the Regions — Situation of disabled people in the enlarged Euro-
pean Union: the European Action Plan 2006-2007

the European Parliament,

COM(2005) 604 final

(2006/C 185/10)

On 28 November 2005 the European Commission decided to consult the European Economic and Social
Committee, under Article 262 of the Treaty establishing the European Community, on the abovementioned
proposal.

The Section for Employment, Social Affairs and Citizenship, which was responsible for preparing the
Committee's work on the subject, adopted its opinion on 20 March 2006. The rapporteur was Ms Greif.

At its 426th plenary session, held on 20 and 21 April 2006 (meeting of 20 April 2006), the European
Economic and Social Committee adopted the following opinion by 55 votes in favour with 1 abstention.

1. Conclusion and recommendations

The EESC supports the actions proposed by the Euro-

1.1
pean Commission in the DAP 2006-2007.

1.6
The EESC regrets that there is a lack of interest in the
efforts made by EU Member States in mainstreaming disability
in national policy making. The strength of DAP relies on the
interest of the national states to assume the principles of the
Action Plan.

1.2
The EESC considers that the monitoring of the Equal
Treatment directive in Employment and Occupation should
continue to be a priority in the period covered by the DAP.

1.7
The EESC also encourages the European Institutions to
take on board and assume the objectives of the DAP at Euro-
pean level. The efforts in internal communication and raising
awareness should result in a better visibility of disability in
European policy making.

1.3
The EESC calls on the Commission to propose a
Disability Specific Directive following the process of the feasi-
bility study on developing non-discrimination legislation at
European level.

A visible lack of concrete actions in the European
1.4
Employment Strategy is a major sign of insufficient commitment
by the EU. The EES was one of the major landmarks to test the
commitment of the EU and Member States towards DAP. All of
them have failed this test. The revised objectives of the European
Employment Strategy should reinforce the mainstreaming of
disability in the Employment Guidelines and the National
Reform Programmes.

The EU must commit itself to the principle of main-

1.5
streaming in initiatives such as:

— The Structural Funds, ensuring that the current regulation,
the strategic guidelines and the operational programmes
take on board the principles of non-discrimination and
accessibility for people with disabilities.

— The 7th Framework Programme, ensuring that there are
projects of research in areas such as design for all, ICT
systems, transition to independent living, etc.

— Transport promoting the inclusion of more accessible rail
transport, international coaches and maritime transport.

Organizations at European level such as the European
1.8
should
Disability
continue their work being supported under the framework of
the new Progress programme.

representative NGOs

Forum and other

For the future agenda, the EESC urges the Commission

1.9
to pay attention to the following specific issues:

— the key importance of the concept of independent living
and the right of disabled people not to be segregated in
institutions or excluded from society; access to information,
mobility, housing,
the built environment and above all
personal assistance are crucial elements for independent
living of disabled people. In this respect the modernizing of
social protection system is one of the priorities (1);

— the key importance of active political participation of
people with disabilities in society; disabled persons should
have equal opportunities to achieve their right to active
participation in decision making processes, policy develop-
ment, monitoring and evaluation, etc. through their repre-
sentative NGOs and networks. The role of relevant NGOs
should be strengthened at both national and EU level,
whereby also smaller and weaker NGOs should get their
place among other bigger associations;

(1) Several representative NGOs claim that personal assistance should
therefore become the right of disabled persons, which could be
implemented through direct funding: This is a condition for a struc-
tural shift in assuring basic human right.

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— areas outside employment should be addressed in the
future, such as education, culture, free time/leisure, etc.;

— relevant attention should be devoted to the impact of
multiple discrimination, cultural differences, poverty, etc.
Appropriate focus on those aspects might throw new light
on categories within disabled people, which are now ‘invi-
sible’;

— adapted working place (including assistive technologies, job
coaching), and appointing equality officers in companies
could stimulate equal opportunities in employment;

— safety at work in the light of prevention of disability

should get relevant attention.

2. Introduction

The EESC has received the Communication with great

2.1
interest (2).

since the analysis does not consider all the initiatives that are
taking place in the EU. The states should have provided more
information on the questionnaire produced by the European
Commission for the report.

2.4.2
The EESC regrets that the information provided in the
annexes has not been yet translated into all European Union
official languages besides English.

2.5
Disabled people constitute 10 % of the population, a
percentage that increases with ageing of our societies. This
means that there are more than 50 million disabled people in
the enlarged European Union (4).

Disabled people — men and women, boys and girls —
2.6
represent a diverse, non-homogenous group. This diversity
should be taken into account at all levels of policy develop-
ment.

2.7
The EESC has regularly expressed strong support for the
full integration of people with disabilities and has called for a
Specific Directive on Disability (5).

The European Action Plan (DAP) (3), adopted in 2003 as
2.2
a multi-annual Action Plan from 2004 to 2010, aims to main-
stream disability in all relevant policies of the European Union
as well as to develop concrete actions to reinforce the inclusion
of people with disabilities in European societies.

2.8
It made some specific recommendations in the opinion
for the Action Plan 2004-2006 (6). The EESC acknowledges
that some of the recommendations issued where taken on
board, but unfortunately many others where not, in particular
the call for a disability Specific directive and the mainstreaming
of disability in the European Employment Strategy.

The priority of the first phase of the DAP was focused
2.2.1
on access of disabled people to the labour market, the use of
ITC, and accessibility to public buildings.

2.9
The EESC analyses this Action Plan on the light of the
current negotiations of the UN Convention on the rights of
disabled people (7).

The priority actions for the second phase of the DAP
2.2.2
are focused on active participation of disabled people in
society, access to quality support, care and health services,
fostering accessibility of goods and services and increasing the
analysis capacity.

2.3
The DAP foresees a Biennial Report on the situation of
people with disabilities to revise the objectives as well as to
analyse the situation of people with disabilities in the period of
reference.

The EESC regrets that the Biennial Report has in the
2.4
final event been transformed into a short Communication
instead; the first part of the Communication is the biennial
report covering the period 2004-2005, and the second part is
the Action Plan for its second phase 2006-2007.

The information provided in the annexes of

2.4.1
the
Communication is of high interest for the evaluation. Neverthe-
less the EESC regrets that the information provided is limited,

(2) COM(2003) 650 final.
(3) Disability Action Plan (DAP).

(4) The Eurostat publication Employment of disabled people 2002 says
that: ‘Of those persons aged between 16 and 64 years, 44.6 million
– i.e. one in six (15.7 %) – stated that they had a long-standing
health problem or disability (LSHPD)’.

(5) EESC opinion of 14.2.2006 on the Communication from the
Commission to the European Parliament, the Council, the European
Economic and Social Committee and the Committee of the Regions
on the implementation, results and overall assessment of the Euro-
pean Year of People with Disabilities 2003. Rapporteur: Mrs Anca
(OJ C 88 of 11.4.2006).
EESC opinion of 25.2.2004 on the Communication from the
Commission to the Council, the European Parliament, the European
Economic and Social Committee and the Committee of the Regions
- Equal opportunities for people with disabilities: A European
Action Plan. Rapporetur: Mr Cabra de Luna (OJ C 110 of
30.4.2004).
EESC opinion of 26.3.2003 on the 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. Rapporteur: Mr
Cabra de Luna (OJ C 133 of 6.6.2003).
EESC own initiative opinion of 17.7.2002 on the Integration of
disabled people in society. Rapporteur Mr Cabra de Luna (OJ C 241
of 7.10.2002).
EESC opinion of 17.10.2001 on the Proposal for a Council Decision
on the European Year of People with Disabilities 2003. Rapporetur:
Mr Cabra de Luna (OJ C 36 of 8.2.2002).

(6) EESC opinion of 25.2.2004 on the Communication from the
Commission to the Council, the European Parliament, the European
Economic and Social Committee and the Committee of the Regions
- Equal opportunities for people with disabilities: A European
Action Plan. Rapporetur: Mr Cabra de Luna (OJ C 110 of
30.4.2004).

(7) International Convention on the Rights of persons with Disabilities.

UN New York, 2006 (working text).

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3. Current situation

Overview

3.5.2
The EESC consequently believes that any revision of
the social security systems as well as employment schemes
should take on board the complexity of reasons why a disabled
employment
person cannot
market (11).

and remain in the

access

The EESC agrees with the importance of the objectives

3.1
chosen for the second phase of DAP.

3.6 Pr omoti ng E mp loy me nt

The EESC believes

3.2
the European Commission
that
should apply the social approach to disability when tackling
this issue in different documents of the Commission, which
would enable to promote the use of more neutral and inclusive
language in the wider area of disability. The translation from
English of some of the documents produced by the Commis-
sion uses a language which is not fully in accordance with the
social approach to disability.

The EESC shares the concern of the Commission with
3.3
regard to the lack of relevant statistical data on disabled
persons, which is necessary for future policy development in
the field. The existing research is now only covering disabled
people, who are active/employed, and does not cover the
majority of disabled citizens (people who live in institutions,
children).

3.4
The EESC is concerned by the fact that there is a gap in
employment rate between non-disabled and disabled persons.
The Eurostat confirmed in 2003 that ‘Labour force participa-
tion is indeed much lower for the disabled: 78 % of the severely
force as
disabled aged 16-64 are outside of
compared to 27 % for those without LSHPD. Even among
those in the labour force, the unemployment rate is nearly
twice as high among the severely disabled as compared to the
non-disabled. Only 16 % of those who face work restrictions
are provided with some assistance to work’ (8).

the labour

3.5
In some aspects the EESC is inclined not fully to agree
with some of the reasons given in the Commission's Report to
explain the twice as high inactivity rate among people with
disabilities, compared to the rest of population. The argument
of s. c. ‘benefit traps’ (9) is an incomplete reason that puts all
the responsibility on the part of disabled people.

3.5.1
Behind negative statistics there are more complex
obstacles, such as reluctance of employers, un-adjusted working
places, unequal access to labour market, lack of assistance for
independent living (either by personal assistance or assistive
devices), discrimination faced in transport, education, access to
ICT, and so on. Although 43.7 % of
goods and services,
disabled respondents believe that
they could work with
in reality only 15.9 % of them actually
adequate assistance,
receive such assistance (10).

(8) Statistics in Focus, Theme 3: Employment of Disabled people in Europe

2002 Eurostat 26/2003.

(9) Presumably higher social benefit comparing to wages, and risk of

losing benefits on starting work.

(10) Statistics in Focus, Theme 3: Employment of Disabled people in Europe

2002 Eurostat 26/2003.

The EESC welcomes that the European Commission
3.6.1
has taken serious steps to monitor the transposition and imple-
mentation of the Employment directive (12). The monitoring
should be done in cooperation with Social partners and repre-
sentative NGOs. The EESC is convinced that the Employment
directive, which prohibits discrimination in employment on a
number of grounds, including disability, is a lawful obligation
not merely a right to ‘challenge’, and that the Commission has
a key role as the guardian of the directive in its effective imple-
mentation.

3.6.2
The EESC does not share the statement of the Euro-
pean Commission on the visibility of disability in the European
Employment Strategy (EES) (13). The mainstreaming of disability
in the EES was quite reduced and this has been the case since
this dimension has been forgotten in the National Reform
Programmes.

3.6.3
The Committee has already supported the Commission
Regulation on the application of Articles 87 and 88 of the EC treaty
to State Aid for Employment (14) and the exemptions for the state
aid for the inclusion of people with disabilities in the main-
stream labour market.

3.6.4
The EESC strongly encourages the social partners to
give further steps concerning the employment of people with
disabilities. In 2004, the social partners reported about their
initiatives undertaken in this area (15).

The EESC also supports the European Social Fund initia-
3.6.5
tives for integration of disabled people into the labour market.
The EQUAL initiative has been very useful to promote equality
for people with disabilities. The new framework of the Euro-
pean Social Funds should take into account some principles
forgotten in the current legislation such as the principle of
accessibility and design for all in the projects funded through
the ESF.

(11) The 57 % of people with disabilities become disabled during their

working lives.

(12) DIR 2000/78, 27. November 2000.
(13) Council decision on Guidelines for Employment Policies of the
Member States of 12.7.2005. Disability Mainstreaming in the Euro-
pean Employment Strategy. http://europa/comm/dgs/emloyment_-
social/index_en.htm.

(14) Commission regulation (EC) 2204/2002.
(15) CEEP, UNICE/UEAPME and ETUC 2004 Report on social partners
actions in member States to implement employment guidelines.

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3.6.6
The EESC is glad to know that the European Commis-
sion has launched a Community Action Plan Against Discrimina-
tion (16).

protection and the rights of an individual person depend on
the place of their residence.

3.6.7
The EESC considers that other initiatives such as the
Equality summit and the European Year of Equal Opportunities
2007 have to be followed by significant political decisions or
policies and legislation.

3.6.8
The EESC regrets that disabled people organizations at
national level have been generally excluded in the creation of
the National Reform Programmes. The reviewed Lisbon Agenda
should reinforce the participation of civil society to better
achieve its objectives.

The EESC believes that the dialogue with civil society
3.6.9
— the social partners and relevant NGOs — at both, European
and national level — is important to ensure the efficiency of
the employment strategies. The involvement of representatives
of disability NGOs is of vital importance.

3.7.6
The Committee is also concerned that some aspects of
discrimination of disabled people are being neglected or are
not efficiently addressed in the report of the first phase DAP, for
example: the impact of discrimination towards people with
disabilities should be analyzed on numerous grounds such as
gender, racial, ethnic origin, religion or belie, age or sexual orienta-
tion (20); the right of disabled people to independent living.

The EESC considers that disability is not the exclusive determin-
ation factor of disabled people and that the other circumstances
may also affect and have consequences for their quality of
everyday life.

3.7 In te g r ati ng disable d p e ople i n soc iety

4. The EU Disability Action Plan (DAP) 2006-2007

3.7.1
The EESC recently expressed its opinion on the EYPD
and invited the European Commission to assess in its future
biennial report on the situation of disabled people the follow-
up to political commitments made during the European Year,
and in particular the follow-up to the Council resolutions on
eAccessibility, and culture, and to
employment, education,
provide recommendations for
the integration of disability
concerns in the open method of coordination within the Lisbon
Strategy (17).

3.7.2
The EESC welcomes the best practice of the air passen-
ger's regulation where the benefits of mainstreaming processes
are clear.

The Committee welcomes the achievements (18) in the
3.7.3
frame of the accessibility of the ICT for people with disabilities,
and its further initiatives (19). There are other areas where some
progress could be done, areas such as telecommunication with
a regulatory framework and television broadcasting.

4.1
The European Commission has adopted a new set of
objectives for the second phase. The EESC is glad that the objec-
tives continue to address the main problems faced by disabled
people.

4.2
EESC does not share the statement that ‘mainstreaming
of disability has succeeded in some areas, notably employment,
ICT and Education’. This is in contradiction with some of the
statements of the Joint Inclusion Reports where it is recognized
that ‘…against the background of an economic performance
which is at best mixed, no significant improvement in the
situation. They show clear evidence of the finding in the Lisbon
review of an implementation gap between what Member States
commit to in common objectives and the policy effort to
implement them’ (21).

The EESC considers that the European Structural Funds
3.7.4
are an instrument for the European Union to promote its prin-
ciples, and should include non-discrimination and accessibility
in the legislation and programming of the Funds. Disability
should be a cross-cutting issue in the Funds.

The EESC believes that

4.3
the EU High Level Group on
Disability is very important on the implementation of the DAP
and should be strengthened;
the Group should produce
concrete outcomes and recommendations to be adopted by the
Council of the European Union.

3.7.5
The EESC is concerned about the different levels of
protection of rights for disabled people in the EU. The scope of

(16) 2000/750/EC: Council Decision of 27 November 2000 establishing
a Community action programme to combat discrimination (2001
to 2006).
(17) See footnote 5.
(18) Communication on eAccessibility – COM(2005) 425 final of

13.9.2005.

(19) The initiatives to harmonise the accessibility requirements in the
ICT domain; Web accessibility Guidelines; European Curriculum on
Design for All.

The EESC strongly supports the inclusion of the Euro-
4.3.1
pean Disability Forum and other specific European impairment
organisations in the discussions of the High Level Group to
ensure the participation of the disability movement in the defi-
nition of policies tackling European disabled citizens.

(20) Article 13 EC Treaty discrimination grounds.
(21) Joint Report on Social Protection and Social

Inclusion 2006

(COM(2006) 62 final).

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4.4
The EESC is glad to know that the European Commis-
sion is taking action to open an infringement procedure against
the states that have not yet transposed the Directive on Equal
Treatment in Employment and Occupation 2000/78 into their
national system or have not implemented it properly (22).

4.5 Priority Areas for the Second phase

4.5.1
The second phase of DAP focuses on active inclusion of
people with disabilities, and builds on citizens' concept of
disability (23). It means that disabled people have the same indi-
vidual choices and control in their everyday life as non-disabled
people.

4.7 Promoting access to quality support and care services

4.7.1
importance of this issue.

EESC agrees with the European Commission on the

4.7.2
The EESC considers that any action promoting the
lives of disabled people in European Societies should be based
in fundamental Human Rights such as:

— the right to liberty of movement and freedom to choose

his/her residence

4.6 Encouraging activity

— the right to respect for his/her private and family life

4.6.1
The EESC noted in its previous opinion that people
with disabilities are not mentioned in the new streamlined
Lisbon Strategy (24).

The EESC warns that raising employment and activity
4.6.2
rates of disabled people is not possible without improving
working conditions and combating discrimination in areas such
as education, transport, ICT, access to goods and services, and
so on.

4.6.3
The EESC considers that the revision of the objectives
of the European Employment Strategy has to take into account
the mainstreaming of disability.
If this is not the case the
protection of disability will continue to be much reduced.

4.6.4
The European Structural Funds will be significantly assist
integration if taking the principle of non-discrimination and
accessibility for people with disabilities. The new programming
period of the Structural Funds has to prevent the creation of
newly built environment barriers as well as the promotion of a
more inclusive use of Funds.

4.6.5
The new regulation of the European Commission block
exemption on employment and training aids has to create a fair
system to encourage the participation of people with disabilities
in the labour market. The new revision should simplify proce-
dures in order to facilitate employers' access to support their
disabled employees.

4.6.6
the integration of people with disabilities into labour market.

Social economy enterprises can contribute valuably to

(22) Austria, Finland, Germany and Luxemburg.
(23) As reflected in the EU Charter of Fundamental Rights, Art. 26 (The
Union recognizes and respects the right persons with disabilities to
benefit
from measures designed to ensure their independence,
social and occupational integration and participation in the life of
the community).

(24) EESC opinion of 14.2.2006 on the Communication from the
Commission to the European Parliament, the Council, the European
Economic and Social Committee and the Committee of the Regions
on the implementation, results and overall assessment of the Euro-
pean Year of People with Disabilities 2003. Rapporteur: Mrs Anca
(OJ C 88 of 11.4.2006).

— no one shall arbitrarily be deprived of his/her liberty

— no one shall be subjected to torture or to inhuman or

degrading treatment or punishment

— the right to education

— the right to health, including the access to information and

services on health and reproductive health

— no one shall be deprived of his/her possessions.

4.7.3
Therefore the EESC welcomes the Commission's assur-
ance to support independent living, deinstitutionalization and
desegregation of people placed in large residential institutions.

The EESC calls on the Commission to ensure that all
4.7.3.1
stakeholders in Independent Living, such as public authorities
at national
level, organizations representing disabled people
and the EU, actively participate in the process.

4.7.3.2
Independent Living is not only about actually living
in society, but also about being an equal part of society. Inde-
pendent living means full participation in all aspects of society.

The EESC considers that any action for the revision
4.7.3.3
of care services should promote independent living for people
with disabilities. A specific objective on de-institutionalisation
and development of community-based alternatives should be
part of the new strategy on long term care, as well as part of
the new social protection strategy. The alternatives should
include initiatives such as personal assistants, assistive devices,
support services, information, coaching,
inclusion of disabled
people in their own care provision, etc.

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4.7.4
The EESC calls for improvement of the standards on
the quality of services that are offered for disabled people.
These standards should be developed in cooperation with the
organizations of disabled people. Any model of support and
care services should be based on quality, continuity, accessi-
bility and financial sustainability.

4.7.5
The Open Method of Coordination on Health should
also take into account the needs of disabled people and their
Fundamental rights in access to services.

4.8 Fostering accessibility of goods and services

The EESC welcomes the regulation on air passengers
4.8.1
with reduced mobility and initiatives in the wider frame of
transport (railway traffic, coaches, and maritime traffic) and
tourism, which will enable free movement of people with
disabilities.

4.8.2
Access to new technologies is essential to bridge the
gap of the digital divide in European societies. The EU has to
ensure that projects under the 7th Framework Programme
improve the research for new technologies, assistive devises
and design for all goods and services.

The EESC believes that, in the current negotiations of
4.8.3
the Directive on Services of
the Internal Market, the needs of
disabled consumers should be taken on board when speaking
about the access to goods and services in the EU.

Brussels, 20 April 2006.

4.8.4
The EESC advises the European Commission that the
future Communication on Social Services of General Interest should
take into account the principles of continuity, accessibility and
European quality standards as well as financial sustainability.

4.9 Increasing the EU's analytical capacity

4.9.1
situation of people with disabilities.

The European Union must be able to measure the

4.9.2
The EESC believes that more reliable and comparable
data should be produced for people with disabilities. The
current EU statistics include analysis based on gender and age.
It is of vital importance for the analysis of the status of disabled
persons and future policy development that a comprehensive
breakdown of statistics be produced at EU level.

4.9.3
Further academic research with special attention to the
needs expressed by disabled persons themselves, plus better
analysis of multiple discrimination, are needed.

The European Year for Equal Opportunities 2007 is an unique
opportunity for the Commission to take the responsibility for
balancing/harmonization of legal protection against discrimina-
tion of disabled people across EU and to take steps in cases of
violations.

The EESC is looking forward for the next biennial report on
DAP in 2008.

The President

of the European Economic and Social Committee

Anne-Marie SIGMUND