Giampiero Griffo Disabled Peoples International - DPI

1. The UNCRPD implementation in Europe: a tool and a challenge for DPI Giampiero Griffo Disabled Peoples International - DPI

2. 3.5.2008 Entry in force of UN Convention on the rights of PwD EU ratify 23.1.2011

3. Higher recognition of the rights of pwd

4. From the recognition of the needs To recognition of the rights

5. 154 States has signed CRPD90 States has signed Optional Protocol 125 States has ratified CRPD75 States has ratified Optional Protocol

6. World ratification process • CRPD is an international standard both for persons with disabilities programs and policies and for general development

7. European Disability Forum Ratification in Europe (36 + 1 – 24 of EU) Armenia, Austria, Azerbaijan, Belgium, Bosnia and Herzegovina, Bulgaria, Cyprus, Czech republic, Croatia, Denmark, Estonia, France, Germany, Greece, Hungary, Italy, Latvia, Lithuania, Luxembourg, Macedonia, Malta, Moldova, Montenegro, Poland, Portugal, S. Marino, Romania, Russia Federation, Serbia, Slovakia,Slovenia,Spain, Sweden, Turkey, Ukraine, United Kingdom of Great Britain and Northern Ireland European Union

8. New perspectivesfor PwD in the world 1 billions of Persons with Disabilities can Change their Quality of life (15% of world population)

9. Condition of PwD in the world 82% live in developing countries (about 800 millions, 1/3 of the poor population)

10. Condition of PwD in the world Only 2% receives services or support

11. Condition of PwD in the world 90% of pwd are unemployed (OIL) European Disability Forum DPI-Europe

12. Condition of PwD in the world 98% children with disabilities not have access to a formal education

13. Condition of PwD in European Union 80 millions in 27 countries

14. Condition of PwD in European Union The unemployment rate is about 80% 2003 – EUROSTAT) 17% of active population in European Union have a disability

15. Condition of PwD in European Union 500.000 PwD are segregated in 2.500 Mega-instituts (2004, INCLUDED IN SOCIETY)

16. The Condition of PwD Societies’ low regard for the abilities of persons with disabilities has resulted in discrimination and stigma attached to disability which pose great barriers in their participation in economic, cultural, political and social life

17. The Condition of PwD PwD are discriminated citizen and live conditions of lack of equal opportunity PwD meet obstacles and barriers to social participation PwD = INVISIBLE CITIZEN

18. The contents of the UN Convention will be the base of intervention in all countries Article 1 - Purpose The purpose of the present Convention is to promote, protect and ensure the full and equal enjoyment of all human rights and fundamental freedoms by all persons with disabilities, and to promote respect for their inherent dignity.

19. European Disability Forum Persons with disabilities are part of society

20. European Disability Forum Economical crisis in Europe Strong resistance from the governments to accept the human rights approach: first time in Europe a solution against the economical crisis is cut the social funds mains resistances are on the education, on independent living, on social protection

21. Convention on the Rights of PwDArticle 24 – Education 1. States Parties recognize the right of persons with disabilities to education. With a view to realizing this right without discrimination and on the basis of equal opportunity, States Parties shall ensure an inclusive education system at all levels and life long learning directed to: (a) The full development of human potential and sense of dignity and self-worth, and the strengthening of respect for human rights, fundamental freedoms and human diversity; (b) The development by persons with disabilities of their personality, talents and creativity, as well as their mental and physical abilities, to their fullest potential; (c) Enabling persons with disabilities to participate effectively in a free society.

22. Statistics of EADSNE 2008 Total pupils in primary school 54.891.009 Total pupils with disabilities 2.273.041 (4,14%) Pupils with disabilities 889.482 (1,6%) in ordinary setting 39,1% Pupils with disabilities 1.383.559 (2,54%) in segregated setting 60,9%

23. Condition of PwD in European Union 60% of children with disabilities are segregated in special classes or schools (2008, EURIDYCE)

25. European Disability Forum Article 44 - Regional integration organizations 1. “Regional integration organization” shall mean an organization constituted by sovereign States of a given region, to which its member States have transferred competence in respect of matters governed by this Convention. Such organizations shall declare, in their instruments of formal confirmation or accession, the extent of their competence with respect to matters governed by this Convention. Subsequently, they shall inform the depositary of any substantial modification in the extent of their competence. 2. References to “States Parties” in the present Convention shall apply to such organizations within the limits of their competence. 3. For the purposes of article 45, paragraph 1, and article 47, paragraphs 2 and 3, any instrument deposited by a regional integration organization shall not be counted. 4. Regional integration organizations, in matters within their competence, may exercise their right to vote in the Conference of States Parties, with a number of votes equal to the number of their member States that are Parties to this Convention. Such an organization shall not exercise its right to vote if any of its member States exercises its right, and vice versa.

26. European Disability Forum EU fonctioning EU Parliament EU Commission Council of Ministries EU institutions

27. European Disability Forum European Union competence, delegate by state members in a EU Treaty National competence

28. European Disability Forum EU instruments Directives and regulations (30% of national legislation) Programs Policies EU unit on disability in the DG justice (from DG social)

29. European Disability Forum European disability forum 27 national council 40 European organizationsLobbying activity toward European institutions European Parliament National govermants

30. European Disability Forum EDF initiative Periodical Meeting with head of EU institutionstoevaluateimplementationof CRPD Intergroup on disability in EU Parliament Participationto HLG and other EU bodies Meeting with DG of EC Seminar on disabilityduringeach presidency

31. European Disability Forum EU Comptetences - exclusive a)the compatibility of State aid with the internal market (b) the common custom tariff (c) its own public administration (d) any other matter to the extent that provisions of the Convention or legal instruments adopted in implementation thereof affect or alter common rules previously established by the Union

32. European Disability Forum EU Comptetences - shared competence and on matters where the Union coordinates, supports and/or supplements the actions of the Member States — action to combat discrimination on the ground of disability - free movement of goods, persons, services and capital — agriculture — transport by rail, road, sea and air transport — taxation — internal market — equal pay for male and female workers — trans-European network policy — statistics

33. European Disability Forum Union legal acts or policy measures, where there is close and substantial connection with the implementation of the CRPD — employment — development of quality of education and implementation of a vocational training policy — economic and social cohesion — development cooperation — cooperation with industrialised countries

34. European Disability Forum European Union initiative Ratification produce: European disability startegy (2010-2020) Directive of access to market on equal basys System of monitoring Forum of discussion

35. European strategy on disability (2010-2020) • Accessibility • Participation • Equality • Employment • Education and vocational training • Social protection • Health • External relationship

36. European strategy on disability (2010-2020) • Accessibility • Ensure accessibility to goods, services including public services and assistive devices for people with disabilities. • Regulations for passenger with disabilities in Air, bus, train, boat and ITC and television • Public procurements • Directive on equal access of market provisions (services and goods)

37. European strategy on disability (2010-2020) • Participation Achieve full participation of people with disabilities in society by: • enabling them to enjoy all the benefits of EU citizenship • Freedomofmovementcampaign • Parking card - removing administrative and attitudinal barriers to full and equal participation; • providing quality community-based services, including access to personal assistance • Community living programme

38. European strategy on disability (2010-2020) • Equality • Eradicate discrimination on grounds of disability in the EU • Directive on employment, Ombdusperson, EU Agency on HR • Employment • Enable many more people with disabilities to earn their living on the open labour market • Specific provisions

39. European strategy on disability (2010-2020) • Education and vocational training • Promote inclusive education and lifelong learning for pupils and students with disabilities • EU Agency on development for SEN, programs • Social protection • Promote decent living conditions for people with disabilities

40. European strategy on disability (2010-2020) • Health • Foster equal access to health services and related facilitiesfor people with disabilities • External relationship • Promote the rights of people with disabilities within the EU external action • Lobbying activities to EC • Italian network on disability and development

41. European strategy on disability (2010-2020) • Implementation of the Strategy: • Awareness-raising • Raise society’s awareness of disability issues and foster greater knowledge among people with disabilities of their rights and how to exercise them

42. European strategy on disability (2010-2020) • Implementation of the Strategy: • Financial support • Optimise use of EU funding instruments for accessibility and non-discrimination and increase visibility of disability-relevant funding possibilities in post-2013 programmes (structural funds)

43. European strategy on disability (2010-2020) • Implementation of the Strategy: Statistics and data collection and monitoring Supplement the collection of periodic disability-related statistics with a view to monitoring the situation of persons with disabilities. Statistical indicators

44. European Disability Forum European work forum Annual meeting to evaluate in the state members and in EU the Progress on implementation of CRPD Participation of experts, DPOs, NIHR, EU unit on disability

45. European Disability Forum Other issues Reasearch on disability Participationto ANED work EU programs on research Support National council in accessioncountries (Balkan area, ex-Russiacountries) Bioethics Document on personswithdisabilities in S. Marino

46. European Disability Forum National level

47. CONVENTION ON THE RIGHTS OF PERSONS WITH DISABILITIES ARTICLE 3 - GENERAL PRINCIPLES • The principles of the present Convention shall be: • (a) Respect for inherent dignity, individual autonomyincluding the freedom to make one’s own choices, and independenceof persons; • (b) Non-discrimination; • (c) Full and effective participation and inclusion in society; • (d) Respect for difference and acceptance of disability as part of human diversity and humanity; • (e) Equality of opportunity; • (f) Accessibility; • (g) Equality between men and women; • (h) Respect for the evolving capacities of children with disabilities and respect for the right of children with disabilities to preserve their identities.

48. UN Convention on the rights of PwDArticle 5 – Equality and non discrimination • 1. States Parties recognize that all persons are equal before and under the law and are entitled without any discrimination to the equal protection and equal benefit of the law. • 2. States Parties shall prohibit all discrimination on the basis of disability and guarantee to persons with disabilities equal and effective legal protection against discrimination on all grounds. • 3. In order to promote equality and eliminate discrimination, States Parties shall take all appropriate steps to ensure that reasonable accommodation is provided. • 4. Specific measures which are necessary to accelerate or achieve de facto equality of persons with disabilities shall not be considered discrimination under the terms of the present Convention. DPI-Europe 48

49. Examples of discrimination in Europe Ordinary PCD Unemployment 11,0% 70,0% Railway Access 100% <5% Access to information 100% <3%

50. Discrimination on the basis of disability “Discrimination on the basis of disability” means any distinction, exclusion or restriction on the basis of disability which has the purpose or effectof impairing or nullifyingthe recognition, enjoyment or exercise, on an equal basis with others, of all human rights and fundamental freedomsin the political, economic, social, cultural, civil or any other field. It includes all forms of discrimination, including denial of reasonable accommodation;