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Disability, barriers and discrimination

People with disabilities in the European Union meet systemic barriers in access to health care, education, to employment and recreational activities. With a risk of poverty or social exclusion far higher than for people without disabilities. And discrimination experienced by almost two thirds of people with disabilities, according to a recent Eurostat survey. (1)

The situation has further aggravated during the coronavirus emergency. Not only were people with disabilities among those most at risk during the health emergency, but they also had to face numerous difficulties, from not being able to go to hospitals, to difficulties in accessing computer systems and the internet, as well as a lack of adequate support materials for study or work, which further penalized and discriminated against them.

European Parliament, resolution 7.10.21

The Strasbourg Assembly, with resolution 7.10.21 on the protection of people with disabilities, wanted to lay the foundations for a new long-term European strategy on disability. To address the problems in more concrete terms than the general themes mentioned in the 2021-2030 strategy of the European Commission.

It is essential work on all the environmental, political and social barriers which - in the interaction with individuals suffering from physical, mental, intellectual or sensory impairments lasting - constitute an obstacle to their full social inclusion.

European Parliament, the Disability Strategy

The strategy advocated by the European Parliament develops according to an intersectoral approach that involves all key sectors directly or indirectly connected with the provisions of the UN Convention on the Rights of Persons with Disabilities (CRPD). That means:

governance and implementation,

- protection of sensitive data,

- participation,

- free movement,

- fight against discrimination,

- employment and social affairs,

- public procurement and EU funding,

- digitization,

- Research,

- instruction,

- protection of the rights of women with disabilities.

Governance and implementation

It is first of all necessary provide for a common definition of disabled people and the mutual recognition of their status, as well as ratify the optional protocol of the CRPD and program planned actions with defined time horizons and suitable resources. And therefore:

identify common definitions to be applied in all EU strategies. Key terms, such as disability, deinstitutionalisation, community living, independent living and inclusive education,
ensure mutual recognition of the status disabled people in all Member States, in order to ensure the free movement of persons with disabilities and to allow for the recognition and proper exercise of their rights as European citizens,
provide more assistance to people with disabilities in the priority areas of health care, education, accessibility, employment and working conditions, independent living, social protection and awareness,
ratify the optional protocol to the CRPD without further delay,
review EU legislation and funding programs, with the aim of ensuring full compliance with the CRPD. By constructively involving disabled people's organizations and members of the EU framework for verifying the implementation of the CRPD,
support the Commission's proposal to establish a disability platform to strengthen the governance cooperation at EU level, the implementation of the European strategy on disability 2021-2030 and the national strategies on the subject,
promote collaboration with authorities, businesses, social partners and civil society at European, national, regional and local level. In order to ensure proper implementation of the post-2020 strategy,
invite EU institutions to prioritize the appointment of persons with disabilities to the role of disability coordinators,
invite Member States to draw up lists of planned actions with clear time horizons and resources allocated for equality, participation, free movement and independent living, accessibility, employment and training, education and culture, poverty and social exclusion, external action, freedom from violence and from abuse, integration of disability and awareness raising.

Sensitive data protection

Sensitive data disabled people must be carefully protected. To this end, Parliament:

calls on the Commission to ensure that Member States correctly apply reg. EU 2016/679, cd GRPD (General Data Protection Regulation) (2) and take the necessary measures to protect the sensitive data of persons with disabilities,
stresses that any processing of personal data must take place in full compliance with the GRPD,
underlines that, in accordance with the GRPD, the processing of genetic or biometric data intended to uniquely identify a natural person, as well as health-related data (sensitive personal data), is prohibited except for the cases expressly provided for by the regulation itself. .

Participation

The involvement active of people with disabilities in all spheres of social life involves:

the need to consult and actively involve organizations of persons with disabilities at all stages of planning, adoption, implementation and monitoring of all types of measures, so that they ensure and reflect the promotion of their fundamental rights,
the guarantee of full and effective participation of persons with disabilities in all areas of life and society, as a prerequisite for the exercise of their fundamental rights,
the assurance by Member States of the effective involvement of persons with disabilities in the political process, without limitations.

Free movement

A European card of disability must be proposed by the Commission, by the end of 2023, and be recognized in all Member States. To be valid not only as a parking card, but as a driving force for pilot projects aimed at improving the living conditions of people with disabilities. The Strasbourg Assembly therefore:

calls on the Commission to exempt people with disabilities, their families and carers from paying tolls across Europe. In order to facilitate their circulation, especially when they have to make multiple movements for medical treatments and well-being,
Calls on the Commission to further strengthen the regulatory framework for the participation of people with disabilities in tourism,
calls for the 'rapid' implementation in all Member States of the rules provided for in the so-called railway regulation (EC regulation 1371/2007), (3) as yet is expected in Italy,
Calls on the Commission to consider the possibility of presenting a proposal on rights for disabled passengers in urban and extra-urban transport, in order to fill the remaining gaps,
calls for an equally effective package for maritime transport,
Calls on the Commission to support Member States in ensuring conditions - at local, regional and national level - to enable people with disabilities to enjoy the rights to free movement, self-determination and personal choice on an equal footing with others, to lead an independent life. And to be included in the community, as required by article 19 of the CRPD.

Accessibility

EU accessibility agency, information in an accessible format for all, cities suitable for the disabled. Utopia or concrete perspective? The European Parliament:

Calls on the Commission to create an EU accessibility agency (EU Access Commission), tasked with developing technical specifications on accessibility in support of dedicated policies and regulations in the EU,
Calls on the Commission and the Member States to ensure the cognitive, sensory and physical accessibility of EU initiatives on the digitization of the labor market,
Calls on the Commission to use the European Accessibility Act as the basis for adopting a solid European framework for an accessible and inclusive environment, where full accessibility of public spaces, services, including transport and communication services is guaranteed, administrative and financial, as well as the built environment. Welcomes the Commission's Access City Award initiative (prize for cities adapted to people with disabilities),
Calls on the Member States to fully implement and constantly monitor all accessibility legislation, including Directive (EU) 2019/882 (European Accessibility Act). (4) With the aim of eliminating and effectively and definitively preventing obstacles for workers with disabilities, as well as improving and ensuring the availability of accessible services and the suitability of the conditions under which such services are provided,
therefore urges the Member States to carefully implement Directive (EU) 2018/1972 (5) establishing the European Electronic Communications Code, so as to ensure that disabled people can communicate with essential assistance and emergency services,
Calls on the Member States to ensure the swift and effective implementation at all levels of Directive (EU) 2016/2102 (6) on the accessibility of sites website and mobile applications of public bodies, to ensure that people with disabilities can find all the information they need in an accessible format, including in national sign language,
urges the Member States to transpose the long-overdue audiovisual media services directive into national legislation. And to provide accessible audiovisual media services to persons with disabilities, as provided for in Article 7 of that Directive,
urges the EU institutions to improve the level and quality of accessibility in all their buildings and to make all kinds of information accessible. Also through translations into the sign language of the various Member States, the production of documents in Braille and in an easy-to-read language,
urges the relevant services of the Parliament to allow petitions to be submitted in the international and national sign languages used in the EU,
stresses the need to provide easy-to-read sign language interpretation and language translations for committee meetings, plenary meetings and all other Parliament meetings, in order to make them accessible to people with disabilities.

Fight against discrimination

EU rules against all forms of discrimination, protection e guarantees for i caregiver and their mutual recognition in the EU, inclusive and fair access to the judiciary. The parliament:

Calls on the Member States to work together in a spirit of mutual trust to broaden the scope of mutual recognition of the condition of disability in areas such as labor mobility and the benefits linked to the conditions of provision of services,
stresses the need to extend the benefits of the European Disability Card so that the benefits of mutually recognized access to health are also included;
stresses that in particular children with disabilities are 3,7 times more likely than children without disabilities to be victims of any form of violence, 3,6 times more likely to be victims of physical violence, 2,9 times more likely to be victims of sexual violence. Highlighting that minors with mental or intellectual disabilities seem to be among the most vulnerable groups, with a risk of suffering sexual violence 4,6 times higher than their peers without disabilities. It therefore calls for a European framework for the protection of persons with disabilities from all kinds of violence,
highlights the urgent need for EU legislation aimed at protecting citizens against all forms of discrimination in the EU and believes that this is essential for the proper implementation of the policies set out in the CRPD,
stresses that the response to future health crises (from preparation to treatment) must ensure that people with disabilities are not left behind,
reiterates its call on the Commission to collaborate with the Court of Justice of the European Union on communication and accessibility strategies, in order to ensure that people with disabilities have the possibility of accessing the EU judicial system without suffering any form of discrimination ,
condemns all forms of discrimination against disabled people in the workplace. Calls on the Member States and the Commission to implement policies aimed at preventing cases of mobbing behavior based on disability,
Stresses that the incarceration of persons whose disability is incompatible with detention must be avoided and that alternatives to prison sentences must be offered,
stresses in this respect the need for EU and national policies and strategies strongly support family members and care personnel. Considering it essential to provide them with European mutual recognition in their role as carers,
Calls on the Member States to take adequate and timely measures to ensure effective, equitable and inclusive access for people with all types of disabilities to the justice system and law enforcement at all stages of the process,
urges the Member States to offer people with disabilities and their support network priority access to vaccination.

Employment and social affairs

Equal Employment Opportunities, assisted employment, quotas for the disabled. The Assembly:

Calls on the Member States to promote and ensure a regulatory and political framework for the participation of people with disabilities, and in particular women with disabilities, in the labor market. Including those with occult disabilities, chronic illnesses or learning disabilities,
Calls on the Commission and the Member States to promote and support social enterprises that focus on the employment of people with disabilities, as they are a lever to stimulate the creation of decent jobs,
Encourages Member States to allow people with significant and severe disabilities early access to public pension schemes, in order to tackle the risk of poverty and social exclusion in old age,
Urges Member States to support inclusive and dignified rights-based individual placement and support models (assisted employment) as a means of transitioning people with disabilities to the open labor market wherever possible,
stresses the need for financial aid to enable people with disabilities to hire or employ people with specific qualifications to assist them,
Calls on the Commission and the Member States to promote access for people with disabilities to sustainable and quality jobs,
calls for Member States to fully implement Council Directive 2000/78 / EC. (7) Urges the Member States to develop employment prospects for people with disabilities by improving the implementation of the aforementioned Directive,
Calls on the Member States to ensure that the labor market and working environments are open, inclusive and accessible to people with disabilities,
urges the institutions and the Member States to introduce labor quotas for people with disabilities in order to promote an inclusive workplace.

Public procurement and EU funding

Investing in equal opportunities, in compliance with the CRPD. MEPs urge the following:

Member States must comply with the CRPD when implementing public procurement legislation, in particular with regard to the choice of media, technical specifications, award criteria and conditions for the performance of contracts,
the Commission and the Member States must introduce, in the final content of the partnership agreements on the European Structural and Investment Funds and in the related programs, objectives and approaches to improve the living conditions of people with disabilities. Respecting at the same time the principles of accessibility and non-discrimination. It is therefore necessary to invest in equal opportunities and the participation of people with disabilities in all areas of life, also by supporting the transition from life in institutions to life in communities,
calls on the Member States to exploit the possibilities offered by relevant EU funds for job creation and training for people with disabilities.

Digitization

Implement assistive and adaptive technologies. Member States should:

evaluate the opportunities and potential offered by digitization and digital solutions. Recognize therefore the value of assistive and adaptive technologies for people with disabilities, taking due account of the protection of personal data and ethical implications,
actively promote the participation of people with disabilities by providing suitable means to ensure their access to public online services. With many other resources, we add, compared to those offered so far.

Research

Investments in innovation must be implemented, which must express and respond to the needs of people with disabilities. The European Parliament:

Calls on the Commission to carry out further research on the impact and effects of emerging technologies on the health of people with disabilities, such as those of LED lights on photosensitive people,
stresses the need to invest in research and innovation on employment and entrepreneurship of people with disabilities, in order to promote their economic livelihood and participation in economic and social life.

Education

Professional training, personalized support and more funding. While in Italy 2/3 of the schools are still inaccessible to students with motor disabilities, 98% to those with sensory disabilities (Istat, 2020), the European Parliament:

Calls on the Commission and the Member States to invest in training professionals to address the needs of people with disabilities,
Stresses the importance of ensuring early, personalized and comprehensive support for children with disabilities, their parents and those who care for them,
Stresses the need to increase funding opportunities for inclusive education, wherever possible and desirable, both to promote the impact of inclusive education on children with or without disabilities and to fund research in inclusive education
encourages the use of new technologies, including mobility aids as well as auxiliary devices and technologies suitable for people with disabilities,
Notes that education plays a vital role in individual development and that accessible learning environments offer people with disabilities the opportunity to contribute fully to all aspects of society,
Calls on the Member States to respect the guidelines defined by the Commission in its communication on the realization of the European education area by 2025, recalling the duty of governments to promote inclusive education in all sectors of education and training, in accordance with commitments made by the United Nations in the framework of the CRPD,
calls for an inclusive system to be applied in national, European and regional education policies that makes it possible to integrate learners with disabilities into the mainstream school system, in order to avoid any form of discrimination.

Protection of the rights of women with disabilities

Greater protection and greater participation in decision-making processes. The European Parliament:

calls for the intersection of gender and disability to be integrated into all EU policies, programs and initiatives and the national action plans of the Member States. Optimize therefore the use of current and future EU funding instruments to promote accessibility and non-discrimination,
Calls on the Commission and the Member States to ensure the full development, promotion and empowerment of women with disabilities and to promote their participation in public decision-making,
Calls on the Commission and the Member States to urgently address, through the Istanbul Convention, (8) gender-based violence to which women and girls with disabilities are disproportionately subject, by means of a specific criminal sanction of gender-based violence (in compliance with the TFEU, Article 83.1), (9)
Urges Member States to ensure public investment to ensure full access to sexual and reproductive health and related rights for women and girls with disabilities. Regrets that sex education is often denied to girls with disabilities. Urges Member States to ensure comprehensive and inclusive education on sexuality and relationships,
Calls on the Commission and the Member States to support business models and social economy initiatives aimed at improving the social and labor inclusion of women with disabilities through the Social Economy Action Plan.

Provisional conclusions

The objectives of this strategy they can only be achieved through coordinated action at both national and EU level. Member States, regional and local authorities will have to undertake to define and implement disability policies and programs, which reflect the actions proposed by the European Parliament. In turn, the EU will have to play an important role of support and ongoing monitoring.

An extraordinary commitment it is required to overcome a situation that sees Europe still in the stone age, on most of the topics covered. Only in this way will it be possible to contribute to achieving a Union of Equality and to strengthen the role of Europe as Partner global in the fight against inequalities, for the achievement of Sustainable Development Goals (SDGs) in the UN Agenda 2030. (10)

# Égalité!

Dario Dongo and Elena Bosani