The Gudeiline for Employment of Disabled People

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Lifelong Learning Programme

THE GUIDELINE FOR EMPLOYMENT OF DISABLED PEOPLE

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EMPLOYMENT FOR EVERYONE

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While every precaution has been taken in the preparation of this document, the publisher and theauthor assume no responsibility for errors or omissions or for damages resulting from the use ofinformation contained in this document or from the use of programs and source code that mayaccompany it. In no event shall the publisher and the author be liable for any loss of profit or anyother commercial damage caused or alleged to have been caused directly or indirectly by thisdocument.

ACKNOWLEDGMENT

The authors wish to thank the European Commission forfunding this research. Appreciation also to all those whohave supported and guided this work within EFE projectteam: partners, researchers, country experts and policymakers. Special recognition should be granted to allthose who have contributed data and information to theproject, participating on the different surveys, interviewsand/or assessments. Hoping that the results of the project provide some useful information to all these contributors and participating countries.

Copyright (2014) © - EFE project

Project number: 2012-1-TR1-LEO04-35787

No part of the report may be reproduced, stored in a retrieval system, or transmitted in any form or by anymeans, electronic, mechanical, photocopying, recording;and may not be quoted or cited, without prior permissionin writing from the Project coordinator.

TABLE OF CONTENT

ACKNOWLEDGMENT .................................................................................................................................... 2

Models of Disability and Definitions ......................................................................................................................... 5

The Medical Model ......................................................................................................................................... 5

The Social Model ........................................................................................................................................... 6

The Medical Model vs. the Social Model: .................................................................................................... 6

CHAPTER I DEVELOPMENT OF STATISTICAL STUDIES AND POLICIES ............................................................. 7

COLLECTION OF DATA ON PERSONS WITH DISABILITIES IN EUROPE ................................................. 7POPULATION OF PERSONS WITH DISABILITIES .......................................................................... 7EMPLOYMENT RATE ........................................................................................................................ 7UNEMPLOYMENT RATE ................................................................................................................... 8ACTIVITY RATE .................................................................................................................................. 9EARLY LEAVERS FROM EDUCATION AND TRAINING .................................................................. 10PERSONS WHO HAVE COMPLETED A TERTIARY OR EQUIVALENT EDUCATION ................... 10

THE INTERNATIONAL POLICY CONTEXT .............................................................................................................. 11UNITED NATIONS ............................................................................................................................ 11EUROPEAN POLICY ON DISABILITY AND THE POSITION OF PEOPLE WITH DISABILITIES ... 12A Commitment to the Social Model ................................................................................................... 12EU disability strategy 2010 – 2020 ................................................................................................... 12

CHAPTER II LAW STUDIES ..................................................................................................................................... 13

BACKGROUND AND METHOD ................................................................................................................................ 13

FREEDOM OF MOVEMENT FOR WORKERS AND SOCIAL POLICY .................................................................... 14

RELEVANT EFE FINDINGS ....................................................................................................................................... 16

CHAPTER III “RAISING AWARENESS ON DISABLED PEOPLE FOR EMPLOYMENT” ....................................... 17

EUROPEAN UNION AWARENESS RAISING PROGRAMS ..................................................................................... 17

CONCLUSIONS AND RECOMMENDATIONS .......................................................................................................... 17

RELEVANT EFE FINDINGS ...................................................................................................................................... 18

CHAPTER IV ACCESSIBILITY PROBLEMS ............................................................................................................ 19

ISSUES ON PYHSICAL ACCESSIBILITY ................................................................................................................. 19

Transport policy – regulations ................................................................................................................................ 20

GENERAL GUIDELINES ON MAKING INFORMATION ACCESSIBLE .................................................................. 20


CHAPTER V CAREER GUIDANCE, WORK PLACEMENT AND FOLLOW-UP ...................................................... 21



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List of main abbreviationsEC: European Communities

EU: European Union

CoE: Council of Europe

UN: United Nations

OECD: Organisation for Economic Co-operation and Development

TEC: Treaty Establishing the European Community

TEU: Treaty on European Union

TFEU: Treaty on the Functioning of the European Union

UNCRPD: United Nations Convention on the Rights of Persons with Disabilities or "UN Convention"

DAP: Disability Action Plan

DHLG: Disability High Level Group

NGO: Non Governmental Organisation

OMC: Open Method of Coordination

ANED: Academic Network of European Disability Experts

NSR: National Strategic Report

EU-SILC: EU Statistics on Income, Social Inclusion and Living Conditions

EQLS: European Quality of Life Survey

LFS: Labour Force Survey

PwD: Persons with disabilities

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Models of Disability and DefinitionsThere are 2 main models of disability: the Medical Model and the Social Model (1) .

The Medical Model

Under the Medical Model, PwD are defined by their illness or medical condition. The Medical Model regardsdisability as an individual problem. It promotes the view of a disabled person as dependent and needing tobe cured or cared for, and justifies the way in which PwD have been systematically excluded from society.The disabled person is the problem, not society. Control resides firmly with professionals; choices for the individual are limited to the options provided and approved by the 'helping' expert.

The Medical Model is best summarized by referring to the International Classification of Impairments, Disabilities and Handicaps developed by the World Health Organization in 1980. The classification makesthe following distinctions:

Impairment is ‘any loss or abnormality of psychological, physiological or anatomical structure or function’.

Disability is ‘any restriction or lack (resulting from an impairment) of ability to perform an activity in themanner or within the range considered normal for a human being’.

Diagram of Medical Model

People with disabilities have generally rejected this model. They say it has led to their low self esteem, undeveloped life skills, poor education and consequent high unemployment levels. Above all, they haverecognized that the Medical Model requires the breaking of natural relationships with their families, communities and society as a whole.

(1) Source: Understanding Disability – a good practice guide


The Social Model

During the 1960’s and 1970’s newly formed groups of PwD started to challenge the way in which they weretreated and regarded within society. Alternative definitions of impairment and disability were developed andformed the basis of what is known as the Social Model.

Impairment is the functional limitation within the individual caused by physical, mental or sensory impairment.

Disability is the loss or limitation of opportunities to take part in the normal life of the community on anequal level with others due to physical and social barriers. (Barnes, 1994:2)

Disability is no longer seen as an individual problem but as a social issue caused by policies, practices, attitudes and/or the environment. For example, a wheelchair user may have a physical impairment but it isthe absence of a ramp that prevents them from accessing a building. In other words, the disabling factor isthe inaccessible environment.

The disabled people's movement believes the 'cure' to the problem of disability lies in the restructuring ofsociety. Unlike medically based 'cures', that focus on individuals and their impairment, this is an achievablegoal and to the benefit of everyone. This approach suggests that disabled people's individual and collectivedisadvantage is due to a complex form of institutional discrimination as fundamental to our society as sexism, racism or homophobia.

The social model focuses on ridding society of barriers, rather than relying on ‘curing’ people whohave impairments:

The Medical Model vs. the Social Model:

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CHAPTER I DEVELOPMENT OF STATISTICAL STUDIES AND POLICIESCOLLECTION OF DATA ON PERSONS WITH DISABILITIES IN EUROPE

Collection of data is needed as a basis for a further development of supporting materials and tools for PwD.Besides, credible, consistent data on the employment status of people with disabilities is critical to shapingdisability employment policy (2) .

In the following, we present for this guide relevant indicators based on EU-SILC 2011. The data cover EU28 except Ireland (3) .

POPULATION OF PERSONS WITH DISABILITIES

In 2011, about 26% of persons aged 16 and over declared an activity limitation. In comparison to 2010,there is an increase of about one percentage point. However, the EU-SILC definition does not take into account any “interactions with barriers”. The prevalence rate ranges from 12% (Malta) to 36% (Slovenia).

Figure 1: Percent of people with disabilities by Member State; 2010 and 2011As a % of the same age group; age: 16+

(2) Disability Employment Statistics . Source: http://www.dol.gov/odep/topics/DisabilityEmploymentStatistics.htm

(3) European comparative data on Europe 2020 & People with disabilities (6.997 kB) Prepared by Stefanos Grammenos from Centre for European

Social and Economic Policy (CESEP ASBL) on behalf of the Academic Network of European Disability Experts (ANED) - December 2013. Source:

http://www.disability-europe.net/theme/statistical-indicators

About 28% of women aged 16 and over declare an activity limitation compared to 23% of men of the sameage group. About 8% of persons aged 16 and over declare a severe disability (strongly limited) and about 18% declarea moderate disability.

EMPLOYMENT RATE

At the EU level, about 47% of persons with disabilities are employed compared to 72% of persons withoutdisabilities. The EU average is 67%. The employment gap is about 25 percentage points (26 percentagepoints in 2010). The national employment rates of people with disabilities range from 20% (Croatia) to 59%(Sweden). We may note that countries with similar employment rates for non-disabled people present bigdifferences for people with disabilities. This means that there is a potential for increasing the employmentrate of people with disabilities.


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Table 7: Employment rate by type of survey and Member State (age 20-64), 2011The EU-SILC estimators are not seasonally adjusted


Concerning people with disabilities, the female employment rate is 44% and the male employment rate is51%. We observe a gender gap of 7 percentage points. The employment rate of women without disabilitiesis 65%. Among women, the disability gap is 21 percentage points.

The degree of disability decreases employment rate. At the EU level, the employment rate of severely disabled people is 28%. The employment rate of people with a moderate disability is correlated with theemployment rate of persons without a disability. On the contrary, the employment rate of people with a se-vere disability is loosely related to the employment rate of people without disabilities. Measures which areaimed to affect the general population might not have a significant impact on people with a severe disability.

At the EU level, 13% of persons with disabilities work part-time and 34% work full-time. Furthermore, theimportance of part-time work increases with the degree of disability. A policy of flexible working hours cou-pled with social security guarantees might make part-time jobs accessible and attractive to severely dis-abled people.

The recent financial crisis did not deteriorate the employment situation of persons with disability at the EUlevel. But there was a significant deterioration in certain countries, notably Greece and Spain.

UNEMPLOYMENT RATE

The EU unemployment rate of people with disabilities, aged 20-64, is 17% compared to 10% of peoplewithout disabilities. The EU average is 11%. It ranges from 7% (Netherlands) to 49% (Croatia).

At the EU level, the unemployment rate of women with disabilities is 17% compared to 18% of men withdisabilities. But a discouragement effect might push women to quit the labour force.We may note that the difference between the unemployment rate of people with disabilities and the generalunemployment rate is increasing with age.

The degree of disability increases unemployment rate. Persons with a severe disability experience an unemployment rate of 28%, persons with a moderate disability 15% and persons without disabilities 10%.

The change between 2010 and 2011 is marginal. Relative changes, through time, in the unemployment rateof both groups (disabled and non-disabled) are not correlated and when a positive correlation is present itis very weak.

Figure 21: Unemployment rate by disability status and Member State (age 20-64), 2011The unemployment rate represents unemployed persons as a percentage of the labour force.

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At the EU level, the unemployment rate of women with disabilities is 17% compared to 18% of men withdisabilities. But a discouragement effect might push women to quit the labour force. We may note that thedifference between the unemployment rate of people with disabilities and the general unemployment rate isincreasing with age.

The degree of disability increases unemployment rate. Persons with a severe disability experience an un-employment rate of 28%, persons with a moderate disability 15% and persons without disabilities 10%.

The change between 2010 and 2011 is marginal. Relative changes, through time, in the unemployment rateof both groups (disabled and non-disabled) are not correlated and when a positive correlation is present itis very weak.

ACTIVITY RATEAt the EU level, 57% of persons with disabilities aged 20-64 participate on the labour market (employed orunemployed) compared to 80% of persons without disabilities. The EU average is 76%. There is a signifi-cant difference in the activity rates between people with and without disabilities in all Member States. Theactivity rate of women with disabilities is 52%. The disability degree decreases significantly the activity rate.

The six countries with the lowest activity gap (Germany, Luxembourg, Austria, Slovenia, Italy and France)have well developed quota schemes in favour of people with disabilities.

Figure 30: Activity rate by disability status and Member State (age 20-64), 2011Percent of the population (same age group) which is employed or unemployed.

The activity rates of persons with a moderate disability and of persons without disabilities are correlated.On the contrary there is no correlation between the activity rates of persons with a severe disability andpersons without disabilities. We may question the efficacy of mainstreaming for persons with severe disabil-ities. If they don’t share some common characteristics with persons without disabilities, then we ought toelaborate specific policies for this group.

At the EU level, we note a very small increase of the activity rate of persons with disabilities, between 2010and 2011. It is about 0,6 percentage points for persons with disabilities and 0,5 percentage points for per-sons without disabilities

EARLY LEAVERS FROM EDUCATION AND TRAINING

At the EU level, 19% of young disabled are early school leavers compared to 11% of non-disabled youngpersons. The EU average is 12%. The high rates of early school leavers among young disabled might indi-cate problems related to accessibility and absence of adapted programmes.

Figure 41: Share of early school leavers by disability status, Age 18-24, 2011


Generally, young women have better achievements (lower share of early school levers) compared to youngboys. At the EU level, 16% of girls with disabilities are early school leavers compared to 22% of young disabled boys.

The rate of early school leavers among young with a severe limitation is 39%. The same rate for personswith a moderate disability is 14%.

The share of early school leavers among persons with disabilities aged 18-24 is decreasing continuously. At the EU level, the percent of young disabled aged 18-24 early school leavers was 19% in 2011, comparedto 22% in 2010. The reduction of the share of early school leavers benefited young persons with a moderate disability.

Changes between 2010 and 2011 of the two groups (with and without disabilities) are not correlated. General education policies covering all young pupils might have little impact on young persons with disabilities facing architectural barriers. General policies ought to include the necessary adaptations meeting the needs of young pupils with special educational needs.

PERSONS WHO HAVE COMPLETED A TERTIARY OR EQUIVALENT EDUCATION

At the EU level, 27% of persons with disabilities have completed a tertiary or equivalent education compared to 37% for persons without disabilities. The EU average is 36%. The percentage of women with

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disabilities aged 30-34 who completed tertiary or equivalent education is 31%. The equivalent rate for dis-abled men is 23%.

Only 15% of persons with a severe disability aged 30-34 have completed a tertiary or equivalent educationprogramme compared to 32% of persons with a moderate disability.

Figure 50:Percent of persons who have completed a tertiary or equivalent education by MemberState and disability status (age: 30-34), 2011Share of the population of the same age group

AT & DE: If we add persons with a post-secondary non tertiary education (level 4), the rates are:AT: 38% and DE: 45%.Note: Due to the limited number of observations, the estimations ought to be interpreted with cau-tion. The number of persons with disabilities aged 30-34 is small in Bulgaria, Greece, Croatia,Lithuania, Malta and Sweden. The number of observations concerning persons with disabilitiesaged 30-34 in these countries is less than 50 observations.

We may observe a continuous improvement of the situation of persons with disabilities. The dis-ability gap of 14 percentage points in 2010 has been reduced to 10 percentage points in 2011. Themain beneficiaries of the improvement are persons with a moderate disability. This might indicatethat future efforts ought to be directed towards persons with a severe disability.

See detailed information on the participating EFE countries situation regarding people with disabili-ties in the Booklet one of this project

THE INTERNATIONAL POLICY CONTEXT

UNITED NATIONS

Article 27 of the UN Convention treats “Work and employment”. It provides notably that “StatesParties recognize the right of persons with disabilities to work, on an equal basis with others; thisincludes the right to the opportunity to gain a living by work freely chosen or accepted in a labourmarket and work environment that is open, inclusive and accessible to persons with disabilities”.

The United Nations Convention on the Rights of Persons with Disabilities was adopted in 2006and came into force in 2008. It establishes a comprehensive framework for the


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protection and promotion of rights for disabled people and includes 50 Articles, which require parties to adopt its general principles, to take specific actions in relation to specific Articles, and to put inplace arrangements for monitoring and reporting on their progress. An Optional Protocol to the Conventionrecognizes the competence of the UN Committee on the Rights of Persons with Disabilities to consider rep-resentations on violations of these rights. Both the European Union and its Member States signed the Con-vention in 2007 (and in most cases to the Optional Protocol) and progress towards ratification by all partiesis well advanced. Implementation of the Convention requires the implementation of a range of policy instru-ments at national and European level.

EUROPEAN POLICY ON DISABILITY AND THE POSITION OF PEOPLE WITH DISABILITIES

A Commitment to the Social ModelThe European Union policy on disability is built on an explicit commitment to the social model of disability.As stated by the Head of the European Commission’s Unit on the Integration of People with Disabilities:

The EU perceives disability as the result of the dynamic interaction between a person and their environment, including social constructions, which lead to discrimination and stigmatisation. It is therefore the environment that should be adapted to each individual person,

including people with disabilities, by removing these barriers. (Goelen. 2005) This, in turn, leads to a commitment to an approach based on the rights of the disabled person. Disability is a right-based issue, discrimination should be eliminated. Disability policies should follow a socially inclusive and individualised approach: rights have to be supplemented by actions, which provideaccess to rights, that is to say with equal opportunities (Goelen 2005).

EU disability strategy 2010 – 2020

Europe 2020 is a new strategy for the EU which aims among others to deliver high levels of employmentand strengthen social cohesion. Monitoring achievements through statistics is integral part of the Europe2020 strategy. Also, the Convention on the Rights of Persons with Disabilities refers in its Article 31 to statistics and data collection The Lisbon European Council (March 2000) noted that the overall aim of theemployment policy should be to raise the employment rate from an average of 61% in the year 2000 to asclose as possible to 70% by 2010 and to increase the number of women in employment from an average of51% to more than 60% by 2010.

Europe 2020 is the successor of the Lisbon strategy and is expected to turn the EU into a smart, sustainable and inclusive economy delivering high levels of employment, productivity and social cohesion.Employment rate is one of the headline indicators in this new strategy. Europe 2020 objective requires that75 % of the population aged 20-64 should be employed. This rate covers all people (disabled and non-disabled).

Furthermore, the European Disability Strategy 2010-2020 (4) was adopted on 15 November 2010. It is acomprehensive framework committing the Commission to empowerment of people with disabilities to enjoytheir full rights, and to removing everyday barriers in life. The Strategy builds on the UNCRPD and takesinto account the experience of the Disability Action Plan (2004-2010). Its objectives are pursued by actionsin eight priority areas. One area covers employment. The aim is to raise significantly the share of personswith disabilities working in the open labour market. The European Disability Strategy 2010-2020 aims no-tably to exploit the full potential of the Europe 2020 Strategy and its Agenda for new skills and jobs by pro-viding Member States with analysis, political guidance, information exchange and other support.

The European Disability Strategy 2010-2020 sets out a programme of actions intended to realize the rightsof disabled people as European citizens and to fulfil the EU’s commitment to the UN Convention. The Strat-egy identifies eight broad areas for action and commits to a range of awareness raising, financial support,data collection and implementation mechanisms. A European Commission Staff Working Paper accompa-nying the Strategy establishes the need for a systematic framework ‘describing the policy and legal situation across the EU in the light of the commitments undertaken for the implementation of the UN Convention’.

(4) COMMUNICATION FROM THE COMMISSION TO THE EUROPEAN PARLIAMENT, THE COUNCIL, THE EUROPEAN ECONOMIC AND SO-

CIAL COMMITTEE AND THE COMMITTEE OF THE REGIONS, European Disability Strategy 2010-2020: A Renewed Commitment to a Barrier-

Free Europe; European Commission Brussels, 15.11.2010 COM(2010) 636 final.

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CHAPTER II LAW STUDIES

BACKGROUND AND METHOD

The legal basis for EU action in this area is provided by Article 13 of the European Treaty, dating from 1999,which permits the European Council to ‘take appropriate action to combat discrimination based on sex, racial or ethnic origin, religion or belief, disability, age and sexual orientation’ (Goelen2005). It has been expressed in a variety of forms, such as the Charter of Fundamental Rights and, for example, in the Commission communication ‘Towards a barrier free Europe for people with disabilities’(European Commission 2000a).

Following the entry into force of the Treaty on the Functioning of the European Union, two Treaty articles(10 and 19 TFEU) specifically refer to disability. Whereas Article 10 is yet to be explicitly linked to the leg-islative and policy initiatives of the Commission, Article 19 (ex Article 13 EC Treaty) serves as the legalbasis for three of the instruments included in the review. All other covered

instruments are based on Treaty articles that make no reference to disability whatsoever (such as articles relating to transport or the internal market). This demonstrates the particular nature of disability as a cross-cutting issue.

The review covers both disability-specific and mainstream instruments. It therefore provides evidence of the extent to which disability is being mainstreamed in different areas of EU law and policy.

The summaries and examples presented here relate to primary and secondary EU legislation, as well assoft-law instruments that are currently in force. Given the significant number of soft-law instruments relatingto disability, and the speed at which they are updated (and become out-of-date), the European Year of Persons with Disabilities 2003 has been used as a general starting point for referencing the instruments.However, some earlier policy instruments that remain of significance today are included as well. The reviewcovers instruments adopted up to December 2012 (5)

The varied nature of soft law instruments offers a very wide range of documents. The terms of reference for this review refers to documents such as recommendations of the Council, resolutions of theParliament, and other policy documents, such as objectives/guidelines relating to the open methods of co-ordination, action plans, standardisation mandates, strategies, and so on.

The review uses the Eurlex typology (6) for categorising the instruments, with individual instruments listedat the end of each thematic section in ascending chronological order, legal acts first, followed by policy in-struments.

Over two hundred legal instruments have been annotated in sourcing review.

The largest numbers of instruments (legal acts and policy measures) which include a reference to disabilityare found in the fields of: Freedom of movement for workers and social policy (75 instruments); Industrial policy and the internal market (47 instruments); and Transport policy (28 instru-ments).

We shall look closely the field of Freedom of movement for workers and social policy below since it is afocal point of european efforts towards disabled friendly society.

(5) The legislative instruments that are still being discussed by the EU legislators are not included in the review; however, they are mentioned and,if the proposal is available, it is cited in a footnote. (6) http://eur-lex.europa.eu/en/index.htm.


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FREEDOM OF MOVEMENT FOR WORKERS AND SOCIAL POLICY

The main focus of disability-related EU legislation is employment and social policy. A wide range of relevantinstruments – legislation as well as soft-law measures – exist in this field.

The 2000 Employment Equality Directive was the first legal instrument of direct relevance to people withdisabilities adopted on the basis of Article 13 of the EC Treaty (now Article 19 TFEU). The Directive obligesthe Member States to take measures to eliminate direct and indirect discrimination and harassment on theground of disability (among other grounds) with regard to employment (including recruitment) and voca-tional training.

The obligation on employers to provide reasonable accommodation in order to meet the needs of individu-als with a disability results from this Directive, as well as the possibility of employing positive measures tocompensate for the disadvantages historically experienced by persons with disabilities in the labour market.The Directive had to be implemented by the EU Member States(7) by the beginning of 2007 at the latest(earlier for some Member States). Following the expiration of this deadline, the Commission analysed theimplementing measures adopted by the Member States and initiated infringement procedures for incorrectimplementation against a number of them. At least one case has been referred to the European Court ofJustice for non-compliance with the disability provisions of the Directive (8).

In 2008, a proposal for a new non-discrimination Directive was published by the European Commission(COM(2008)426) (9). If adopted, it will complement the Employment Equality Directive by extending protection against discrimination on the ground of disability (among other grounds) to a number of areasoutside the labour market.

In the field of health and safety in the workplace, EU legislation recognises the need for particular measures for workers with disabilities, such as an adapted workplace, including ‘doors, passageways,staircases, showers, washbasins, lavatories and workstations used or occupied directly by handicappedpersons’.

A number of Regulations deal with the application of national social security schemes to (self) employedpersons and their families moving within the Union and cover, among other things, the entitlement of persons moving across EU borders to invalidity and sickness benefits. These Regulations are regularlyamended to take account of Member States’ changing legislation on the matter.

The European Social Fund is a key financial tool allowing the EU to translate its disability employment pol-icy aims into action. Most Member States use some ESF funds to promote the labour market integration ofpeople with disabilities through a range of actions, including work experience schemes, wage subsidies,temporary sheltered employment and other intermediate labour market measures. Support can also be provided for self-employment.

The European Disability Action Plan 2004-2010 was the first disability-specific policy document adopted bythe European Commission during the 2003 European Year of Persons with Disabilities. It aimed to main-stream disability into relevant Community policies and to develop concrete actions to advance the well-being of persons with disabilities.

In autumn 2009, the Commission launched a public consultation on a post-2010 disability strategy. The European Disability Strategy was launched by the Commission on 15 November 2010. It will be the mainreference document for all initiatives in the disability field until 2020. The overall objective of the Strategy isthe full empowerment and participation of people with disabilities in the society. This is to be achievedthrough implementation of the UN Convention on the Rights of Persons with Disabilities (CRPD). The mainfocus of the Strategy is the elimination of barriers in the following areas: accessibility, participation, equality,

(7) http://eur-lex.europa.eu/LexUriServ/LexUriServ.do?uri=CELEX:72000L0078:EN:NOT

(8) http://europa.eu/rapid/pressReleasesAction.do?reference=IP/11/408&format=HTML&aged=0&language=EN&guiLanguage=en

(9) http://eur-lex.europa.eu/LexUriServ/LexUriServ.do?uri=CELEX:52008PC0426:EN:HTML

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employment, education and training, social protection, health and external action. For each area, key actions for 2010-2015 are identified in the Staff Working Document attached to the Commission Communication. The actions in the above areas are to be achieved using several general instruments, divided into awareness-raising, financial support and data collection and monitoring. The process leadingup to the proposal of a European Accessibility Act is one of the most noteworthy actions announced in theCommunication. The legislative proposal will in all likelihood be adopted in 2013.

In addition to policy initiatives, the Disability Strategy also addresses the obligations of the EU institutionsunder the CRPD and provides for actions in the fields of recruitment, employment, accessibility of infra-structures and communication tools.

The Disability Strategy was noted by all European decision-makers as the main reference point for all forth-coming disability policies. The Strategy was first welcomed in September 2011 by the Economic and SocialCommittee which adopted an Opinion, where it proposed to link the implementation of the Strategy to thatof Europe 2020, whereby the Member States should include in their National Reform Programmes specificdisability-related targets. The Opinion strongly supported the adoption of a European Accessibility Act and aEuropean Mobility Card, and stressed that a European Disability Committee is needed to provide structuredgovernance to the Strategy. Finally, the Opinion called for measures to tackle the impact of the economiccrisis on persons with disabilities.

In its turn, the Council Conclusions on the support of the implementation of the Strategy, published in Octo-ber 2011, invited the Member States and the Commission to review the existing legislation falling withintheir respective competences and bring it in line with the CRPD, to closely involve organisations of disabledpeople in all related actions, and to establish a framework for monitoring the Convention.

The European Parliament resolution adopted in October 2011, emphasised inadequate access to servicesas the main barrier that needs to be tackled by the Disability Strategy. It asked for a more formalised in-volvement of the Parliament in the implementation of the CRPD through adoption of an inter-institutionalagreement and called for linking the Disability Strategy and Europe 2020.

An important instrument on disability is the so-called Open Method of Coordination (OMC) – a means ofvoluntary cooperation between the Member States in different areas. The OMCs are based on soft-lawmechanisms, such as guidelines, indicators and sharing of best practice, and result in regular reports beingsubmitted by Member States on specific topics, which are collated by the Commission into ‘Joint Reports’.These are adopted by the Social Protection Committee and, subsequently, the Council. The OMC for SocialProtection and Social Inclusion is the most significant for persons with disabilities, and the Council has sofar adopted five reports, the first one dating from 2002, and the latest from 2010 (10). In 2008, as part of theRenewed Social Agenda, the Commission proposed some steps to strengthen the Social OMC and make itmore effective.

The European Employment Strategy (EES), first launched in 1997, is another initiative based on the OpenMethod of Coordination. The annual EES procedure is defined in Article 148 TFEU. Based on a set of peri-odically revised Employment Guidelines (that, together with the Guidelines on broad economic policies ofthe Member States, form so-called ‘Integrated Guidelines’) (11), the Member States report on their efforts totackle deteriorating labour market prospects, including for people with disabilities, to the Commission. TheCommission collates their reports into the Joint Employment Report that is eventually adopted by theEPSCO (Employment, Social Affairs, Health and Consumer) Council. The latest Joint Employment reportwas adopted in February 2012 as part of the Commission package to launch the European Semester 2012.While recognising the disproportionate impact of the financial crisis on the employment situation of vulnera-ble groups and their deteriorating situation, it does not mention persons with disabilities explicitly, nor pro-pose targeted measures to address their situation specifically.


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(10) http://ec.europa.eu/social/main.jsp?catId=753&langId=en (11) The Integrated Guidelines contain five EU headline targets, of which three belong to the guidelines for the national employment policies and

concern labour market participation, the fight against social exclusion and poverty, and the quality and performance of education and training sys-tems.


The Member States, sitting as the Council of the European Union, have also adopted instruments advancing the situation of persons with disabilities. The most recent one, in addition to the above-mentioned Council Conclusions on the European Disability Strategy, is the Resolution on a new disabilityframework adopted under the Spanish Presidency on 2 June 2010, after the Ministerial meeting inZaragoza. Earlier Presidencies’ documents on disability include the conclusions of the ministerial meetingson disability in Germany in 2007 (12) and in Slovenia in 2008, as well as the Council resolution on the situation of persons with disabilities adopted under the Slovenian EU Presidency in 2008. In October 2012,the EPSCO Council meeting agenda included an information note presented by the Commission on the rat-ification and implementation of the CRPD (13). The note was drafted on the basis of the 5th annual report ofthe European Disability High-Level Group and presented arguments in favour of addressing accessibility issues at the EU level – in all likelihood, to prepare ground for the presentation of the Commission proposalfor a European Accessibility Act.

In addition to disability-specific instruments, a substantial part of disability policy is shaped by mainstreaminstruments, such as the Commission’s ‘For Diversity. Against Discrimination’ campaign funded through thePROGRESS programme and actions taken as part of, or the follow up to, the 2007 European Year of EqualOpportunities. The Annual Equality Summit organised every year since 2007 by the EU Presidency usuallydedicates a part of its programmes to disability-based discrimination.

RELEVANT EFE FINDINGS•Adoption of legal definitions of the term social enterprise which also delineate the various legal forms thatcan be regarded as social enterprises. This will help to identify the social enterprises and the employerswith people with disabilities for adequate analysis of the hindrances and opportunities for employment ofpeople with reduced working capacity;Steps should be taken towards adoption of legal terms such as social enterprise including the characteristics and legal forms of social entities;•Improvement of the legal framework that should be holistic and coherent in design and implementation,and involving various actors and interlocutors in the design of policy and programs;•Conducting ongoing due diligence of the social economy in order to develop relevant legislative changes,as well as individual acts aimed at harmonization and development of the existing legislation;•The focus of the regulations for providing employment for people with disabilities should be shifted fromobligatory to promoting the benefits of employing people with disabilities;

(12) The conclusions of the 2007 ministerial meeting on disability in Berlin are not available online, although references to them are made in subse-

quent documents published both by the Commission and the European Disability Forum.

(13) http://register.consilium.europa.eu/pdf/en/12/st11/st11171.en12.pdf

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CHAPTER III “RAISING AWARENESS ON DISABLED PEOPLE FOR EMPLOYMENT”

EUROPEAN UNION AWARENESS RAISING PROGRAMS (14)

The EU Disability Strategy 2010-2020 has, as its overall objective, the full empowerment and participation of people with disabilities in society. The main focus of the Strategy is the elimination of barri-ers in the following areas: accessibility, participation, equality, employment, education and training, socialprotection, health and external action. Awareness raising initiatives of various nature support the implementation of the Strategy.

The Commission celebrates the European Day of Persons with Disabilities with an annual conference on the 3rd of December, addressing key policy matters and gathering relevant actors. TheCommission has launched in 2010 ACCESS.CITY, the annual European Award for Accessible Cities, aim-ing to reward those cities that are engaged in exemplary actions to improve accessibility in the urban envi-ronment.

Awareness-raising within EU disability strategy (15) is set towards ensuring that people with disabilities are aware of their rights, paying special attention to accessibility of materials and information channels. It will promote awareness of ‘design for all’ approaches to products, services and envi-ronments. EU action will support and supplement national public awareness campaigns on the capabilitiesand contributions of people with disabilities and promote exchange of good practices in the Disability HighLevel Group (DHLG).

It means simultaneously to raise society’s awareness of disability issues and foster greater knowledge among people with disabilities of their rights and how to exercise them.

See the outcome of EFE project – best practices to familiarize with good approaches to tackle the area ofdisabilitiy from different viewpoints.

CONCLUSIONS AND RECOMMENDATIONS (16)

The low participation of the PwD in the labour market is further compounded by substantial equality gaps ineducational progression at tertiary level and in indicators of relative and absolute risk of household poverty(relevant to the EU2020 targets in those areas). Economic crisis, fiscal consolidation and austerity meas-ures have the potential to further inhibit the full participation of disabled women and men, younger PwD andolder disabled workers, particularly for those with more severe, lifelong or fluctuating impairments andhealth conditions.

However, the substantial equality gaps vary greatly between the Member States and are not closely corre-lated with levels of activity, education or poverty risk for non-disabled people (i.e. relatively strong performance on the EU2020 measures overall is not associated consistently with a strongperformance on equality for disabled people). This is indicative that national contexts, policies and interven-tions make a substantial difference to labour market participation for disabled people, lending encourage-ment to greater national efforts in this area. The following policy challenges may be highlighted from the 2012 review.

• Significantly reduced eligibility to disability pensions and supports (with more medicalised assessments) are generating a real risk of consolidated disadvantage and positive measures are needed to counter this risk;

(14) Source:http://www.disability-europe.net/content/european-union-h1-awareness-raising-programs

(15) Source: European Disability Strategy 2010-2020: A Renewed Commitment to a Barrier-Free Europe. Brussels, 15.11.2010 COM(2010) 636

final

(16)Targeting and mainstreaming disability in the context of EU2020 and the 2012 Annual Growth Survey. Synthesis report prepared by Mark

Priestley on behalf of the Academic Network of European Disability experts (ANED), June 2012


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• Reductions in spending on public support services, particularly in localised support are are likely toimpact on routes into employment, education, training and out of poverty for disabled people (e.g. inemployment services, social services, education support services; transport; civil society and advocacy organisations);• Implementing accessibility in open labour markets is a key element of the European DisabilityStrategy and investment in this area offers an opportunity to remove structural bottlenecks (including accessibility the built environment, transport and ICTs);• Active and personalised support and training facilitates pathways into work (including greater access to universities and to user-controlled personal assistance in educational and work settings);• An effective disability support system requires adequate and flexible benefits that support secureand flexible work that addresses additional impairment-related costs of living, studying and working (including support for flexible working arrangements);• A more trans-sectoral approach to disability strategy co-ordination would facilitate participation forPwD through linkages between accessible environments, transport, education, housing and employment.

As reported in the 2011 cycle, there has been no evidence of any systematic development disability mainstreaming methodology in national reporting by the Member States during the 2012 Annual GrowthSurvey. In the first work programme of ANED (2008-2011) attention was drawn to the guidance developedfor disability mainstreaming during the Lisbon process, for example by the disability High Level Group.While the EU2020 process has resulted in a more restrictive reporting model there is still significant opportunity for a greater level of visibility for disability issues in three areas - reference to disability-specificdata or indicators from national or comparative sources; reference to national disability strategies and action plans; and, reference to targeted actions at the national level beyond isolated examples of local orregional pilot projects. In addition, there is greater scope to report on the disability dimensions of actionsfunded by European Structural Funds, including the European Social Fund. In this sense, the conclusionsof the 2011 ANED review remain equally valid for 2012. In an attempt to facilitate greater disability main-streaming in the 2013 cycle, consideration should be given to the development of a thematic fiche on dis-ability and labour market participation in the Annual Growth Survey package (similar to that provided to theMember States for gender context).

RELEVANT EFE FINDINGS•Promotion of adopting social entrepreneurship courses in the study programs and curriculum of socialsciences;•Implementation of programs for improvement of skills and further qualification at the work place;•Introduction of job search engines designed for facilitating the people with disabilities to match theirskills and qualification with the available job positions tailored to their condition;•Introduction of mediators and consultants for helping start-up social enterprises in the first stages ofestablishment social entity and providing information for funding programs and microfinance opportunities;Provision of incentives for introduction of rehabilitation programs for people with disabilities by the employers;•Introduction of assessment tools for measuring the performance of social enterprises and the financialsustainability;•Initiation of information campaign for promoting good practices and innovative social business models;•Promotion of organization of job fairs for people with disabilities;


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CHAPTER IV ACCESSIBILITY PROBLEMS

ISSUES ON PYHSICAL ACCESSIBILITY

Transport policy – regulations

Many people across the European Union experience barriers when using public transport. This can be related to disability, old age or other mobility-reducing factors. A long-term aim of the European Union is toensure that public transport is accessible for all. With this aim in mind, several EU instruments have beenadopted. These involve measures establishing technical standards applicable to means of transport andtransport; technical prescriptions for accessible vehicles to be used for urban passenger transport; disabilityaccessible signs and information for travellers; and compulsory training courses on disability awarenessand the specific needs of people with disabilities for drivers and other transport personnel.

EU legislation relating to transport can be classified into legislative acts that address specific issues concerning passengers with reduced mobility, and acts that seek to improve the accessibility of transport infrastructure.

Into the former category fall four important regulations on the rights of passengers when travelling by air,rail, sea and road, respectively. The Air Passengers’ Rights Regulation protects passengers with reducedmobility against denied boarding on the ground of reduced mobility or disability, provides the passengerwith the right to receive comprehensive assistance by qualified personnel and stipulates compensatorymeasures for lost or damaged mobility equipment and assistive devices. The Regulation grants passengersthe right to receive essential information at airports and on-board aircrafts in accessible formats.

The Regulation also provides for a complaints mechanism. In 2011, the Commission published a report onthe functioning and effects of the Air Passengers’ Rights Regulation. The Commission found that despitesome visible improvements, efforts must be stepped up in order to ensure full application of the Regulation.It proposes a number of concrete actions to this end. The European Parliament supported the call for betterapplication of the Regulation on the rights of air passengers in its own-initiative resolution adopted in March2012. In 2012 the Commission published interpretative Guidelines on the application of the Regulation, inorder to respond to the frequently asked questions about the implementation of the Regulation and thechallenges faced by the National Enforcement Bodies.

The Regulations on the rights of rail passengers include a chapter on the specific rights of persons with re-duced mobility, guaranteeing rights similar to the rights provided in the Air Passengers’ Rights Regulation(17). The passengers’ rights package was completed in 2010 with the adoption of the Regulation on the rights of passengers when travelling by sea and inland waterway and the Regulation on the rights of passengersin bus and coach transport. The Regulations each contain a specific chapter laying down provisions on accessibility and non-discrimination, provide for assistance to travellers with a disability or reduced mobilityand set out a mechanism for handling complaints. The Regulations enter into force in 2012 and 2013, respectively. Into the second category fall the Directive on safety rules for passenger ships (18) and the technical specifi-cations on interoperability covering access needs of persons with reduced mobility (TSI PRM) that apply tothe trans-European conventional rail system. The TSI PRM is a set of technical rules aimed at improvingaccessibility for persons with reduced mobility when travelling by rail. They cover issues such as width ofdoors, positioning of toilets and wheelchair accessible seats and provision of information in accessible formats. In 2010, the Commission issued a new mandate to the European Railway Agency (ERA) (19) to develop and review the TSI with a view to extending their scope to the whole European Union rail system.

(17) In October 2012, the Community of European Railway and Infrastructure Companies (CER) published its own report on the implementation of

Regulation No 1371/2007, available at http://www.cer.be/media/2358_FINAL_CER_Brochure_PassengersRR_DEF.pdf

(18) In 2012, the Commission conducted public consultation with the view to identifying the problems with the current framework and eventually

proposing a review of the Directive on safety of passenger ships.


19

ERA published its proposal in October 2012 and launched a public consultation on the draft, which will rununtil February 2013.

With regard to private transport, a European Directive prescribes uniform regulations for the issuing of driving licences. Besides establishing adapted provisions and rules in order to enable people with disabilities to obtain a driving licence, the Directive prescribes that all examinees should have certainknowledge of road users with disabilities or reduced mobility.

A standardised EU-wide model for a parking card for people with disabilities has been introduced with aview to (recommended) mutual recognition. This allows people with disabilities to take advantage of thespecial parking facilities available in each Member State using their nationally issued card.

In 2010, the Commission adopted a Communication on policy orientations on road safety 2011-2020, thatproposes some actions targeting persons with disabilities, such as encouraging Member States to reduceroad fatalities involving elderly people and people with disabilities by improving focused research in the fieldto better evaluate the fitness-to-drive of such persons.

In October 2011, the Commission issued a package for the new infrastructure policy, consisting of a pro-posal for a Regulation revising the guidelines for the development of the trans-European transport network(TEN-T) (20) and a proposal for a Regulation establishing the Connecting Europe Facility (regulating the conditions for providing EU aid to trans-European networks) (21). The proposals aim to ‘remove bottle-necks, upgrade infrastructure and streamline cross border transport operations for passengers and busi-nesses throughout the EU’. The TEN-T Regulation proposal explicitly promotes disability accessibility,whereas the Connecting Europe Facility Regulation proposal suggests that the provisions of Article 9 on‘Accessibility’ of the CRPD be considered in the specification of the projects financed by the Facility. As ofNovember 2012, both proposals were being discussed.

At the end of 2011, the Commission adopted a Communication on passenger rights in all transport modes,in which it set out its vision for implementation of ten main EU passenger rights, such as the right to non-discrimination in access to transport, the right to accessibility,

and the right to compensation, among others. In particular, the Commission, recognizing that the differ-ences between the rules applying to different modes of transport make seamless travel difficult, empha-sized that the adoption of the proposal for a European Accessibility Act would be an opportunity to developa general set of standards on the accessibility of transport infrastructure and services.

GENERAL GUIDELINES ON MAKING INFORMATION ACCESSIBLE

Information and communication technologies (ICT) is an area where important disability-related measureshave been adopted. In line with the European recognition of the necessity for harmonised standards as ameans of achieving the internal market, streamlining work to develop accessibility standards addressingpersons with disabilities started in 1998, when the Commission issued a mandate to the European Stan-dards Bodies for Standardisation in the field of information and communication technologies (ICT) for dis-abled and elderly people. The mandate called for the elaboration and adoption of European standards inthe field of ICT for disabled and elderly people on the basis of the two approaches chosen by the Commis-sion: ‘design for all’ and ‘assistive technology’.Subsequently, in 2003, the Commission issued a further mandate on the safety and usability of products forolder and disabled people. The main deliverable of this mandate was the CEN/CENELEC Guide 6 (Guide-lines for standards developers to address the needs of older persons and persons with disabilities) (22). This work was continued further when, in 2006, the Commission issued a mandate to the European Stan-dardisation Organisations to draft the European standards on e-accessibility to be used in public procure-ment (23) . Two years later, a similar mandate on accessibility standards in the built environment followed.The latest mandate, on Design For All, was issued in 2010.


(19) https://www.era.europa.eu/Document-Register/Documents/TSIs-scope-extention-Mandate-2010.pdf

(20) http://ec.europa.eu/transport/infrastructure/connecting/doc/revision/legislative-act-ten-t-revision.pdf

(21) http://ec.europa.eu/commission_2010-2014/president/news/speeches-statements/pdf/20111019_2_en.pdf

20

In 2012, the Regulation on European Standardisation was adopted. Entering into force on 1 January 2013,it regulates cooperation between European standardisation organisations, national standardisation bodies,Member States and the Commission. It also sets out rules for the establishment of European standards andEuropean standardisation deliverables, the identification of ICT technical specifications, the financing of Eu-ropean standardisation and stakeholder participation. The Regulation announces that an annual work pro-gramme is to be adopted to identify the strategic priorities for European standardisation. The preamble tothe Regulation recognises the need to make the European standardisation process accessible to personswith disabilities, in light of the EU obligations

RELEVANT EFE FINDINGS•Promotion of programs for prevention of injuries at work places;•Adaptation of the work facilities for the needs of people with disabilities and improvement of environment inorder to become more accessible;


21

(22) ftp://ftp.cen.eu/BOSS/Reference_Documents/Guides/CEN_CLC/CEN_CLC_6.pdf

(23) http://www.mandate376.eu/

CHAPTER V CAREER GUIDANCE, WORK PLACEMENT AND FOLLOW-UPThe field of career guidance understands that preparing for the world of work is a valuable opportunity for the development of one’s identity and establishes a powerful relationship between a personand their community. İnclusion into the world of work provides an active participation in one’s communityand offers the opportunity to realise one’s basic human rights and human dignity.

Article 27 of the UN Convention on the rights of persons with disabilities includes obligations to: + enable persons with disabilities to have efective access to general technical and vocational guidanceprogrammes, placement services and vocational and continuing training; +promote employment opportunities and career advance ment for persons with disabilities inthe labour market, as well as assistance in inding, obtaining, maintaining and returning to employment. (United Nations, 2006)

Too many individuals in our communities feel forces to do “any kind of job” as they are pressed by the ne-cessity of soatsfying their basic economic needs.career guidance programmes must be expanded andadapted in ways that all individuals in a given commuinity cy actively pursue chosen occupational opportu-nities that evolve from self determined goals that match their true potential.

See the outcome of EFE project – best practices to familiarize with good approaches to tackle the area ofdisabilitiy from different viewpoints.

Categories of career guidance activities like career counselling, employment counselling and job placementis often difficult to separate. While they are conceptually different, they overlap in practice. Often the type ofcounselling required is determined by the urgency of the need for employment and the number and types ofbarriers that must be overcome to find employment.

Career guidance programs for persons with disabilities should focus on fostering self-determination andproviding developmental opportunities to help individuals achieve their true potential. Preparing personswith disabilities for the world of work must therefore be integrated into educational, habilitation, and rehabili-tation curricula and be provided by well trained practitioners. Moreover, career guidance programs mustrely on intervention programming designed to foster self-determination and promote development ratherthen relying solely on the use of diagnostic instruments that are designed to indentify a fit between a per-son’s abilities and job requirements.


RELEVANT EFE FINDINGS•Diversification of the market for social services allowing many actors to compete on the openmarket; •Development of a network between various governmental agencies, social services providers,social enterprise promoters, associations of people with disabilities and other stakeholders for legalframework improvement and support actions; •Promotion of adopting social entrepreneurship courses in the study programs and curriculum of social sciences;•Implementation of programs for improvement of skills and further qualification at the work place;•Promotion of internship programs for people with disabilities that will allow them to acquire skillsthrough training in working environment;•Introduction of job search engines designed for facilitating the people with disabilities to match theirskills and qualification with the available job positions tailored to their condition;•Introduction of mediators and consultants for helping start-up social enterprises in the first stagesof establishment social entity and providing information for funding programs and microfinance opportunities;•Provision of incentives for introduction of rehabilitation programs for people with disabilities by theemployers;•Introduction of assessment tools for measuring the performance of social enterprises and thefinancial sustainability;•Provision of funding programs (micro-credits and grants) for modernization of technology andpurchase of specialized equipment for business entities that are willing to employ people with disabilities;•Establishment of “one-stop-shop” services for registration of social enterprises and developingonline services for them.•Liberalization of the market of social services and introduction of voucher system that will allow thepeople in need to choose between various suppliers of social goods and services and improve thequality of the services; • Establishment of Agency that will provide support and promote social enterprises as a mean toalleviate social evils by market forces and that operates as a social market facilitator;•The focus of the regulations for providing employment for people with disabilities should be shiftedfrom obligatory to promoting the benefits of employing people with disabilities;•Establishment of “one-stop-shop” services for registration of social enterprises and developingonline services for them;

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Lifelong Learning Programme

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