DISABLED PEOPLE ON THE MOVE

Session IV – First part

"All you need to know about EDF…. Its role, methods and procedures"

By J. Patrick Clarke
European Disability Forum

Good morning everyone and thank you for the invitation to address you today

I am from Down Syndrome Ireland – my son who is 28 has DS. I am involved with EDF through EDSA and I serve at board and Executive committee level.

A bit of history ….

EDF was created in the framework of HELIOS II programme (1993-1996), the European Community Action Programme in favour of people with disabilities.

In 1996, at the end the HELIOS II programme, the ENGO members involved in EDF decided to establish an independent European Disability Forum, a European platform of disability NGOs established by persons with disabilities and by their families, with a proactive role towards the EU institutions and EU policies with a direct and indirect impact on the lives of European citizens with disabilities.

For the first time, European and national disability organisations covering the whole spectrum of disability were given the opportunity to cooperate in an officially established body by the European Commission.

EDF had a consultative role towards the European Commission and could express its opinions during the meetings convened by the Disability Unit of the European Commission, in cooperation with the EU Intergroup on disability.

The organisations, who participated in the European Disability Forum, took this opportunity to learn how to cooperate and unite their concerns in one strong and unique voice.

EDF’s role, mission and values

Our Mission:

The mission of EDF is quite simply to promote equal opportunities and non-discrimination of disabled people and to guarantee and protect their fundamental human rights by means of active involvement in policy development and campaigns on disability rights at the EU level as well as at an international level.

EDF’s Values

Self-advocacy: we are an organisation where disabled people and parents of disabled people unable to represent themselves are the decision makers.

Involvement: we believe in and campaign for the right of disabled people to be fully involved in policy-making process through their representative organisations, our guiding principle being: "nothing about disabled people without disabled people".

Independence: we make sure that our organisation remains independent, and that it is our members who decide upon the EDF work programme and policy positions.

Visibility: we demand that the rights of disabled people are visible in all sectors of life and through our work effort we maintain this visibility.

Rights-based inclusion: we fight for the inclusion of disabled people in society as a right; we refuse the out-of-date charitable approach to disability.

Solidarity: we work to build a stronger and more united disability movement, with special attention to those with significant and multiple disabilities, those who face multiple discrimination or any other form of marginalisation.

Partnership: we build alliances with all those organisations that share our goals and help us to promote the rights of disabled people. Our extensive network is our strength. With our partners we exchange ideas and experience, enriching our work with their know-how and expertise.

EDF membership

The width and diversity of the European disability movement is one of the greatest strengths of EDF. EDF continuously seeks to exploit this richness in its work priorities in order to achieve a stronger and more cohesive disability movement

EDF members include:

Representative European Non Governmental Disability Organisations (full members);
National Councils (the national federations) of disabled people from EU/EEA Member States (full members);
National councils outside the EU/EEA (observer members);
associations of or for disabled persons from all European countries operating at European, national or local level, and public and private organisations committed to respect and support the aims and objectives of EDF, and individuals interested in our activities (associate members).

I should point out at this stage that EDF has a secretariat and an office in Brussels and employs about 10 people. Most staff are policy officers and produce all the consultative papers in conjunction with our members and work to a clearly defined work programme. So there is substance behind the huge amount of work done on a voluntary basis by the representatives of its member organisations.

How does EDF involve its members?

Addressing the concerns of EDF members and promoting their values;
Gives its members the benefits of a strong network;
Supports the two-way communication flow in order to develop effective campaigns at EU and national level (e.g. structural funds, situation of disabled people at national level, …..);
Gives the opportunity to EDF members to contribute to EDF work and campaigns at EU level through their ideas and experiences, and translating their contributions into concrete proposals to the EU decision-makers;
Supports horizontal communication among EDF members on exchange of experiences and practices;
Provides training to EDF members on specific areas fostering cooperation among them;
Provides EDF members with regular information tools on the latest EU developments on disability issues (regular mailings, publications, members’ only website, …) as well as communication tools, which can be used by EDF members in their own work;
Developing and involving EDF members in capacity building projects to empower and structure disability organisations where needed.

EDF’s objectives and Key Priorities

Addressing the concerns of EDF members and promoting their values;
Ratification and Implementation of the UN Convention
  Education for all and legal capacity
  Non discrimination legislation at EU Level
  Better and more up to date statistics
  Equal treatment in employment
  Access to health and long term care
  Disability in the EU single market
    1. Access to goods and services
    2. Transport
    3. Infrastructure
    4. ICT
Access to vote
Promoting Gender Equality Youth and Diversity
Improving our communication tools

Capacity building of disability organisations: seminars and activities on non-discrimination directive, local disability policy planning…

.EU Disability Pact or as the EU DG wishes to call it a Strategy on the situation of disabled people in the Member States for the period 2010 to 2013;

Relations between EDF and the EU Institutions

In order for EDF to be effective in its work we must maintain good relations with the following EU Institutions.

In view of mainstreaming disability in all EU policies, EDF maintains frequent contacts with all relevant Directorate Generals of the European Commission and has a particularly important dialogue with the DG Employment and Social Affairs and its Disability Unit as well as its anti-discrimination unit. EDF is funded for 80 % of its activities by the European Commission in the framework of the community action programme on non-discrimination.

EDF works in close cooperation with the Disability Intergroup of the European Parliament, a cross-party grouping whose mission is to defend the rights of disabled people within the European Parliament and towards the other EU institutions. This is essential as the parliament gains more power as time passes

EDF work towards the Council of the European Union is mainly done in cooperation with the National Councils of disabled people who maintain contact with the members of their government. Moreover, EDF is also in direct dialogue with the Permanent Representations of the Member States based in Brussels, as well as the Council secretariat Also, attention is focused on the Member State holding the Presidency of the European Union. A Presidency Memorandum based on the EU Presidency work programme is prepared by EDF every semester to identify to the Council the priorities of disabled people. Whenever possible, EDF Board meetings are also held in the country holding the rotating Presidency of the European Union.
 

A regular dialogue is also maintained with the Economic and Social Committee and the Committee of Regions for all those issues affecting disabled people in the European Union.
 

EDF work at international level…

EDF is closely involved in the work of the Council of Europe, in particular with the “Partial Agreement in the social and public health field” in view of the adoption of an “Action plan to promote the rights and full participation of people with disabilities in society : Improving the quality of life of people with disabilities in Europe (2005-2015)”. At present, the Partial Agreement currently covers 18 countries, but discussions are being held to extend this agreement to the 46 countries of the COE.

Since EDF’s involvement in the drafting process of the UN Convention on the Rights of People with Disabilities, we have been considered as a serious and valid interlocutor by the United Nations, government representatives and the other international NGOs involved in the process.
EDF very active involvement with IDA is going to be of great importance in the future as well.

EDF work at national level…

To monitor the implementation and transposition of EU legislation at national level;
To address non EU competence areas – e.g. education, community living, social security and social protection, etc…;
To support and organise disability leaders meetings at national level in order to create a better understanding of the national implications of EU legislation and policies and how they can be put in practice.

Lobbying : our rights and our obligation

Lobbying is vital for our organisations and the group we represent as the decisions made in Brussels affect the lives of more than 65 million disabled citizens in the European Union.


Fundamental principles of lobbying:

To justify a rights based approach – “Nothing about disabled people without disabled people”.
To speak with one voice on common concerns.
To prove EDF is the representative organisation of disabled people with the relevant expertise.
EDF to be presented as apolitical.

EDF’s concrete achievements in the past years

1997 - Non-discrimination Article 13 of the EU Treaty

The adoption of the non-discrimination Article 13 of the EU Treaty was the result of an extensive campaign of the disability movement in 1996. This was a major step forward for disabled people and was the legislative basis leading to the adoption of a European directive on non-discrimination in employment and occupation in 2000. Art. 13 provides the necessary legal basis for the adoption of further non-discrimination legislation.

Article 13 of the EU Treaty "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".

2000 - European Directive on equal treatment in employment and occupation

The EU directive on equal treatment in employment and occupation was adopted by the Council on 27 November 2000. The Directive prohibits discrimination in the field of employment on several grounds, including disability. Once properly implemented the Directive can act as a powerful tool, not only to combat discrimination but also to enhance disabled people's position in the labour market in general.

The Directive should have been implemented by the Member States at the end of 2003.Several Member States have asked the European Commission additional time for the implementation of the provisions on age and disability of the new directives. The directive foresaw the possibility to an additional delay of three years (until December 2006). The European Commission will undertake infringement procedures against those Member States who failed to transpose the Directive.

EDF is currently, in cooperation with its members, monitoring the proper implementation and transposition of the Directive in the Member States.


2000 - Disability references in the Charter of Fundamental Rights

In 2000, the Council adopted the Charter of Fundamental Rights including two articles referring to disability resulting from an extensive lobbying campaign of the disability movement led by EDF.

In 2004, the Convention on the EU Constitutional Treaty proposed the integration of the Charter of Fundamental Rights in the Treaty. The integration of the Charter I the new Constitution would be an important step forward as the Charter would turn to be much more than a simple political declaration and become the catalogue of rights of the EU with a binding legal force, allowing stronger protection of disabled people in the preparation and application of EU law.
 

Charter of Fundamental Rights Article II-21 Non-discrimination Any discrimination based on any ground such as sex, race, colour, ethical or social origin, genetic features, language, religion or belief, political or any other opinion, membership of a national minority, property, birth, disability, age or sexual orientation shall be prohibited. Article II-26 The Union recognizes and respects 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.

2001 - Buses and coaches directive

This piece of legislation adopted in 2001 foresees that all new local buses and coaches should be accessible to people with reduced mobility, with visual and hearing impairments. This EU Directive should have been transposed in all member states by August 2003. Due to problems in several countries for the implementation of this legislation, EDF will closely monitor in cooperation with its members the proper implementation of this legislation with a direct impact on disabled people.


2003 - European Year of People with Disabilities

The adoption of the non-discrimination Article 13 in the EU Treaty led to the decision of the EDF Annual General Assembly in 1999 to propose to the European Union to declare 2003, the European Year of People with Disabilities. In 2001, the Council adopted the decision on the European Year of People with Disabilities in 2003.


2004 - EU Directives on public procurement

In 2004, the European Union adopted two directives revising European rules on how public money is spent (Public Procurement Directives) – A General Directive combines public supplies, works and services (2004/18/EC), and the Utilities Directive covers energy, water, transport and postal services (2004/17/EC).

The Directives have to be transposed into national legislation by February 2006. If correctly transposed and implemented by public authorities, this legislation would create further opportunities for employment of disabled people, and for accessibility of goods, and services purchased by public authorities, and of public works.

2005 - Specific regulation on air passenger rights with reduced mobility

In February 2005, the European Commission tabled a proposal for a Regulation on the rights of passengers with reduced mobility when traveling by air which will prohibit discrimination against disabled air passengers. This proposal, once it is adopted by the European Parliament and the Council of the European Union will make a big difference to the lives of disabled people.
A Regulation is a legal instrument of the European Community which has direct legal effect in Member States without further enactment. Regulations can be relied on by individuals in national courts.
The Regulation would apply to all airlines (low cost and big name), all airports (public and private) and all passengers. The future Regulation will protect all disabled people in all Member States of the EU against discrimination in air travel.
I conclusion I should like to draw your attention to the current EDF campaign “Disability Votes Campaign” and it’s Election Manifesto for the European Elections in June

We, the more than 50 million citizens with disabilities in the European Union, supported by the European Disability Forum, representing 1 out 4 families with a disabled person and 15 % of your electorate, have the potential to make the difference in the European elections. We call upon you, candidate in the June 2009 European Parliamentary election, to commit to engage our demands in your political campaign and in your future role as member of the European Parliament.

All EU citizens will be invited to participate in the European Parliamentary elections, the most important direct democratic process in the European Union, to take place in June 2009. It is a unique opportunity for the future members of the new European Parliament to make strong commitments to concrete changes that will ensure that disabled citizens can fully enjoy their civil, social, economic and political rights.

Thank you for your attention.

Disclaimer: This document has been supported by the European Commission. The content of this document is the sole responsibility of its publishers and represents in no way the views of the Commission and its services.

 

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