Opinion of the European Economic and Social Committee – Promoting the social integration of persons with disabilities and persons with changed working capacity (exploratory opinion requested by the Hungarian Presidency)
Date: 2024-09-18
Institutions: European Economic and Social Committee
Subjects: EU employment policy, UN convention, disabled person, employment aid, equal treatment, integration into employment, job access, social integration, worker with disabilities








C_202406875EN.000101.fmx.xml












Official Journal of the European Union


EN
C series













C/2024/6875


28.11.2024






Opinion of the European Economic and Social Committee

Promoting the social integration of persons with disabilities and persons with changed working capacity


(exploratory opinion requested by the Hungarian Presidency)

(C/2024/6875)


Rapporteur: 
Pietro Vittorio BARBIERI






Advisor


Carlo GIACOBINI (to the rapporteur)




 


 




Referral by the Hungarian
Presidency of the Council of the EU


Letter of 14.3.2024




Legal basis


Article 304 of the Treaty on the Functioning of the European Union




Section responsible


Employment, Social Affairs and Citizenship




Adopted in section


4.9.2024




Outcome of vote
(for/against/abstentions)


86/0/2




Adopted at plenary


18.9.2024




Plenary session No


590




Outcome of vote (for/against/abstentions)


213/0/1




1.   Conclusions and recommendations









1.1.


The EESC is concerned about the fact that persons with disabilities continue to be excluded from the labour market, with all of the resulting consequences in terms of material and other forms of impoverishment, which is accentuated by gender inequalities and has the greatest impact on those with the most severe disabilities.












1.2.


The EESC regrets that, despite the fact that legislation and strategic guidelines have been produced to foster the labour market inclusion of persons with disabilities by both the EU (the European Pillar of Social Rights, the European Strategy for the Rights of Persons with Disabilities) and the UN (the Convention on the Rights of Persons with Disabilities (CRPD)), exclusion from the labour market is still a widespread issue, and we still see models and solutions, appearing to be fostering employment – such as sheltered employment – which, however, amount to exclusion from pathways to the open labour market, or even segregation.












1.3.


The EESC urges the Member States to promote policies and measures that are aimed primarily at phasing out models that run counter to the shared principles of inclusivity, and that are geared towards strengthening access to the open market. It hopes that the Commission will implement the related policy actions under the Disability Employment Package at the same time.












1.4.


As one of the positive measures to be taken, the EESC calls on the Member States to resume or step up the employment of persons with disabilities, for example through a joint fund for reasonable accommodation financed by employers, both private and public, who fall short of any set quotas, bringing concrete benefits to workers with disabilities and boosting the company’s productivity.












1.5.


The EESC considers that any incentives related to State aid should always be conditional on respect for workers’ rights and in line with the CRPD, the CRPD Committee and the Strategy for the Rights of Persons with Disabilities.












1.6.


The EESC calls for the positive employment measures to include incentives for entrepreneurship among persons with disabilities, both individually and collectively.












1.7.


While welcoming the guidance and support regarding reasonable accommodation provided through the employment package, the EESC notes significant differences in how this is applied across the Member States; the EESC advocates uniformity and coherence when it comes to establishing the rules for and implementing reasonable accommodation, and would like to see dissemination of the guide Reasonable accommodation at work – Guidance and good practice, which can help raise awareness and increase skills in this area.












1.8.


The EESC stresses the need to establish standards to identify and compare models and services implemented by national public employment services (PES) through benchmarking in order to identify good practices based on actual data and to promote mutual learning.












1.9.


The EESC calls for quantitative and qualitative data to be collected specifically with regard to sheltered employment, in order to get a picture of the phenomenon and the trends in this regard in the EU and in the Member States.












1.10.


In line with the trajectories outlined in the European Declaration on Digital Rights and Principles for the Digital Decade signed by the European Parliament, the Council and the Commission, starting with bridging the digital divide, the EESC draws attention to the fact that advances in technology and AI can make it easier for persons with disabilities to participate in the open market; it calls for policies aimed at making these advances more widely known and at promoting their potential, accessibility and affordability to be supported.




2.   General comments









2.1.


According to the report European comparative data on Europe 2020 and persons with disabilities – Labour market, education, poverty and health analysis and trends (1) by the European Commission’s Directorate-General for Employment, Social Affairs and Inclusion, across Europe, around 51,3 % of persons with disabilities are employed, compared to 75,6 % of those without disabilities.












2.2.


The same report states that within the Union, around 22 million persons with disabilities (aged between 20 and 64 years) are employed, out of a total of 42.8 million persons with disabilities from the same age group.












2.3.


In the EU, the unemployment rate of persons with disabilities aged between 20 and 64 years stands at 17,3 %, compared to 8,3 % of persons without disabilities from the same age group. The overall unemployment rate stands at 9,5 %. This employment gap can be found in all Member States to various degrees: Croatia (34 percentage points), Bulgaria (37 points) and Ireland (44 points). The lowest gaps are in Italy (17 percentage points), Latvia (18 points) and France (18 points).












2.4.


Women with disabilities face a double disadvantage. The economic activity rate of persons with disabilities is lower than that of persons without disabilities. Furthermore, the activity rate of women with disabilities (59,1 %) is lower than that of men with disabilities (65,4 %).












2.5.


The degree of disability is inversely related to the activity rate. The activity rate of persons without disabilities, with moderate disabilities and with severe disabilities is 82,5 %, 69 % and 42,1 % respectively. The risk of financial poverty increases with the degree of disability. In the EU, this number stands at 19,8 % for persons with moderate disabilities aged 16 years and over, compared to 24,4 % for persons with severe disabilities.












2.6.


Around 17,8 million persons with disabilities are living in households at risk of financial poverty.












2.7.


Here we can see a clear gender poverty gap in the EU. Around 21,9 % of women with disabilities aged 16 years and over face a risk of financial poverty, compared to 20 % of men with disabilities in the same age group. In its 2018 opinion (2), the EESC reports that according to the 2015 Gender Equality Index of the European Institute for Gender Equality (EIGE), only 18,8 % of women with disabilities in the EU are employed. This number jumps to 28,1 % for men with disabilities.












2.8.


Council Directive 2000/78/EC of 27 November 2000 establishing a general framework for equal treatment in employment and occupation (3) is a reference point for equal opportunities for persons with disabilities in the workplace.












2.9.


In particular, Article 5 of the Directive on reasonable accommodation for persons with disabilities states that reasonable accommodation must be provided in order to ensure equal treatment for persons with disabilities. Employers must take appropriate measures, where necessary, to enable persons with disabilities to access, participate in and advance in the world of work or to undertake training, as long as such measures do not constitute a disproportionate burden (4).












2.10.


In its communication on the Strategy for the Rights of Persons with Disabilities 2021-2030, the Commission points out that participation in employment is the best way to ensure economic autonomy and social inclusion.












2.11.


The strategy notes that the European Pillar of Social Rights serves as a compass for employment and social policies. Principle 17 of the pillar underlines that persons with disabilities have the right to income support that ensures they live in dignity, services that enable them to participate in the labour market and in society and a work environment adapted to their needs. Add to this the fact that the EU has signed the UN Convention on the Rights of Persons with Disabilities, which is an additional legal reference for the Union.












2.12.


To improve the effectiveness of the implementation of the European strategy, in 2022 the Commission published the Disability Employment Package to improve the integration of persons with disabilities into the labour market, with the aim of supporting the Member States in ensuring that those concerned enjoy social inclusion and economic autonomy through employment, and identifying six lines of action:






—


strengthening capacities of employment and integration services (5);










—


promoting hiring perspectives through affirmative action and combating stereotypes;










—


ensuring reasonable accommodation at work;










—


retaining persons with disabilities in employment: preventing disabilities associated with chronic diseases;










—


securing vocational rehabilitation schemes in case of sickness or accidents; and










—


exploring quality jobs in sheltered employment and pathways to an open labour market.
















2.13.


In particular, on sheltered employment, the Disability Employment Package highlights how persons with disabilities, mainly those with severe disabilities, tend to work in alternative employment models. The programmes adopted in the Member States vary, and thus working conditions, workers’ rights and approaches to career development differ. The line between rehabilitation schemes and occupational therapy is sometimes blurred. In general, even though specific quantitative data is not yet available, transition rates from alternative forms of employment to the open labour market tend to be very low.












2.14.


It should be pointed out that the most common alternative form of employment for persons with disabilities, is ‘sheltered employment’ or ‘sheltered workshops’. At European level, the only legal definition can be found in the General Block Exemption Regulation (Regulation (EU) No 651/2014) (6), which defines it as ‘employment in an undertaking where at least 30 % of workers are workers with disabilities’. Under that Regulation, Member States are allowed to provide financial support to this model of employment as an exception to the State aid rules.












2.15.


As part of the employment package, in May 2024, a booklet was published (7) entitled Reasonable accommodation at work – Guidance and good practice, providing guidelines and suggestions on how to ensure reasonable accommodation in the workplace for persons with disabilities, as set out in Directive 78/2000. In the opening pages, the publication notes that ‘all 27 EU Member States have national and regional laws transposing and implementing the Employment Equality Directive, meaning also that employers are obliged to provide reasonable accommodation in all those countries. Some countries, however, use only broad definitions of what counts as a reasonable accommodation, and of what may be considered a disproportionate burden’.












2.16.


The same publication notes that ‘grants, subsidies and logistical support are available in most countries to cover the costs of making reasonable accommodations, as is support for planning and implementation. Tax relief is available for employers who take on workers with disabilities in the open labour market in 11 EU countries, with 13 offering reductions in social security or health insurance payments by employers. Most countries offer wage subsidies to encourage the employment of persons with disabilities, and take-up has been increasing’.












2.17.


While welcoming the European Commission’s proposal on the 2021-2030 strategy, the EESC, through its 2021 opinion (8), expresses its concern regarding ‘the watering down of the binding measures and hard legislation implementing the strategy’. It also stresses that ‘the European Commission will need to push hard on the targets being set for the Member States which stipulate how far they should reduce the disability employment gap by 2030’. The EESC calls for ‘ambitious targets that aim to get as close as possible to the elimination of any employment gap, with a focus on employment in the open labour market’.












2.18.


In the Disability Employment Package, among the actions to be taken to improve the labour market, the European Commission places an emphasis on strengthening the capacities of employment and integration services. To this end, it includes a toolkit for PES containing recommendations, information and advice on strategies and practices in six areas: internal policies aimed at PES workers, services, active labour market measures, reasonable accommodation, outreach, and partnership.




3.   Employment and the UN Convention on the Rights of Persons with Disabilities









3.1.


In the UN CRPD (9), the issue of work and employment for persons with disabilities is addressed in Article 27. In order to clarify what the CRPD says about employment and to provide an interpretation of the provisions in question, the CRPD Committee published a new ‘general comment’ (‘General Comment No 8’) on the right to work and employment on 9 September 2022. The general comment clarifies how many of the CRPD provisions on work and employment are to be interpreted. This guidance helps States report on their legal, political and socio-economic circumstances that affect the work-related rights of persons with disabilities (10).












3.2.


The most significant clarification in the UN’s general comment concerns sheltered employment, in particular where it outlines what kind of sheltered environments go against the Convention. It explains that: ‘Under article 27 (1) of the Convention, States parties recognize the right of persons with disabilities to work, on an equal basis with others, including the right to the opportunity to gain a living by work freely chosen or accepted in a labour market and work environment that is open, inclusive and accessible to persons with disabilities’. These words clearly indicate that segregated working environments are incompatible with this right.












3.3.


The UN committee’s general comment also specifies that: ‘segregated employment, such as sheltered workshops, includes a variety of practices and experiences, characterized by at least some of the following elements: (a) the persons with disabilities are segregated, away from open, inclusive and accessible employment; (b) the employment is organized around certain specific activities that persons with disabilities are deemed to be able to carry out; (c) the medical and rehabilitation approaches to disability are focused on and emphasized; (d) transition to the open labour market is not effectively promoted; (e) the persons with disabilities do not receive equal remuneration for work of equal value; (f) the persons with disabilities are not remunerated for their work on an equal basis with others; and (g) the persons with disabilities do not usually have regular employment contracts and are therefore not covered by social security schemes’.












3.4.


It should be noted, however, that the general comment allows for an exception to this, explaining that ‘employment ventures that are managed and led by persons with disabilities, including those that are jointly owned and democratically controlled, may not be considered segregated employment if they provide just and favourable conditions of work on an equal basis with others’.












3.5.


According to the general comment, segregated employment ‘is not to be considered as a measure of progressive realization of the right to work’, as this is only possible through ‘employment that is freely chosen or accepted and performed in an open and inclusive labour market’.




4.   From sheltered employment to inclusive work









4.1.


The EESC:












4.1.1.


notes that, despite the fact that legislation and strategic guidelines have been produced to foster the labour market inclusion of persons with disabilities, by both the EU and the UN, there are still very significant instances of exclusion from the labour market, and we still see models and solutions, appearing to be fostering employment, which, however, amount to exclusion, segregation, or confinement to unskilled and poorly paid jobs;












4.1.2.


considers that the dividing line between genuinely inclusive initiatives and sheltered and segregated work lies mainly in compliance with the CRPD and the Strategy for the rights of persons with disabilities, in upholding labour rights and in implementing the process of transition towards the open labour market;












4.1.3.


considers that the sheltered work and segregation referred to in the CRPD Committee’s General Comment No 8 must be made a thing of the past through comprehensive policies and measures aimed at phasing out the conflicting models, whereby the inclusive vision of the CRPD and of the Strategy for the rights of persons with disabilities is adopted, and processes of empowerment, training, qualification and, if necessary, support are built up;












4.1.4.


suggests, among other possible positive measures, taking up and more widely deploying national models that promote the employment of persons with disabilities, for example through a joint fund for reasonable accommodation financed by employers, both private and public, who fall short of the set quotas.












4.1.5.


considers that the positive measures should include initiatives to encourage entrepreneurship among persons with disabilities, both individually and collectively;












4.1.6.


considers that any incentives related to State aid should always be conditional on respect for workers’ rights and in line with the CRPD, the CRPD Committee and the Strategy for the rights of persons with disabilities;












4.1.7.


draws attention to the fact that advances in technology and AI can make it easier for persons with disabilities to participate in the open market. Policies should be supported to promote their potential, accessibility and affordability in line with the trajectories outlined in the European Declaration on Digital Rights and Principles for the Digital Decade signed by the European Parliament, the Council and the Commission (11);












4.1.8.


believes that reasonable accommodation should support actions aimed at ensuring that a wide range of opportunities are open to persons with disabilities in terms of fully developing their potential, accessing professional development, career progression, job retention, and reconciling work commitments with particular health situations; welcomes the publication and dissemination of the booklet entitled Reasonable accommodation at work – Guidance and good practice, which should, however, be supported by initiatives aimed at ensuring that these practices are rolled out more uniformly across the Member States;












4.1.9.


supports the vision of the Strategy for the rights of persons with disabilities, which implies that the employment prospects of persons with disabilities could be improved by providing support to employers to ensure they make workplaces more inclusive. Both employers and persons with disabilities are often unaware of measures to support their employment, which warrants better policy coordination on the labour market;












4.1.10.


with a view to making the Strategy for the rights of persons with disabilities more binding, believes that guidelines need to be adopted to optimise the efficiency and effectiveness of public employment services, as also recommended in Guideline 6, paragraph 4 of the Council Decision on guidelines for employment policies (12). It is particularly necessary to establish standards to uniformly identify and compare models and services implemented by national public employment services through benchmarking in order to identify good practices based on actual data and to promote mutual learning;












4.1.11.


agrees with and supports the guidelines laid out in the Disability Employment Package aimed at moving beyond sheltered employment solutions by promoting the transition to the open market, in particular with the direct support of public employment services, but also by encouraging the strengthening of positive employment policies.






Brussels, 18 September 2024.


The President


of the European Economic and Social Committee

Oliver RÖPKE
               





(1)  
            https://ec.europa.eu/social/BlobServlet?docId=27037&langId=en.

(2)  Opinion of the European Economic and Social Committee on — The situation of women with disabilities (
OJ C 367, 10.10.2018, p. 20).

(3)  
            OJ L 303, 2.12.2000, p. 16.

(4)  Council Directive 2000/78/EC of 27 November 2000 establishing a general framework for equal treatment in employment and occupation (OJ L 303, 2.12.2000, p. 16) https://eur-lex.europa.eu/legal-content/EN/TXT/?uri=CELEX:32000L0078.

(5)  Decision 573/2014/EU of the European Parliament and of the Council of 15 May 2014 on Enhanced co-operation between Public Employment Services (PES) (OJ L 159, 28.5.2014, p. 32).

(6)  Commission Regulation (EU) No 651/2014 of 17 June 2014 declaring certain categories of aid compatible with the internal market in application of Articles 107 and 108 of the Treaty (OJ L 187, 26.6.2014, p. 1) https://eur-lex.europa.eu/legal-content/EN/TXT/PDF/?uri=CELEX:02014R0651-20230701.

(7)  
            https://ec.europa.eu/social/main.jsp?catId=738&langId=en&pubId=8612&furtherPubs=yes.

(8)  Opinion of the European Economic and Social Committee on ‘Communication from the Commission to the European Parliament, the Council, the European Economic and Social Committee and the Committee of the Regions — Union of Equality: Strategy for the Rights of Persons with Disabilities 2021-2030’ (
OJ C 374, 16.9.2021, p. 50).

(9)  
            https://social.desa.un.org/issues/disability/crpd/convention-on-the-rights-of-persons-with-disabilities-articles.

(10)  
            https://www.ohchr.org/en/documents/general-comments-and-recommendations/crpdcgc8-general-comment-no-8-2022-right-persons.

(11)  European Declaration on Digital Rights and Principles for the Digital Decade (OJ C 23, 23.1.2023, p. 1) https://eur-lex.europa.eu/legal-content/EN/TXT/?uri=OJ:JOC_2023_023_R_0001.

(12)  Council Decision (EU) 2018/1215 of 16 July 2018 on guidelines for the employment policies of the Member States (
OJ L 224, 5.9.2018, p. 4.


ELI: http://data.europa.eu/eli/C/2024/6875/oj
ISSN 1977-091X (electronic edition)