In Dialogue with the European Union, Experts of the Committee on the Rights of Persons with Disabilities Praise the Proposed European Disability Card, Raise Issues Concerning Funding of Institutions and Forced Sterilisation and Abortions
The Committee on the Rights of Persons with Disabilities today concluded its review of the combined second and third periodic report of the European Union, with Committee Experts praising the proposed European disability card, and raising issues concerning funding of institutions that segregate persons with disabilities, as well as forced sterilisation and abortions.
Committee Experts welcomed the plan to create the European disability card, which would help persons with disabilities travelling across Member States to access certain services, including transport, culture and leisure. Would the Union develop a framework for ensuring the freedom of movement of persons with disabilities between Member States based on the disability card?
Markus Schefer, Committee Expert and Taskforce Leader for the European Union, said that in 2023, the United Nations Special Rapporteur on the rights of persons with disabilities criticised the use of European Union funding on institutions segregating persons with disabilities in European Union Member States. Were there measures in place to ensure that Member States promoted community-based services?
Mr. Schefer also said forced sterilisation and forced abortions were still being perpetrated on women with disabilities in European Union Member States. Such actions were not criminalised by the Union and there were no policy measures addressing these acts of barbarism. What measures were in place to address the serious lack of protective measures against these actions?
In opening remarks, Hadja Lahbib, Commissioner for Equality; Preparedness and Crisis Management, European Commission, said for the past 15 years, implementing the Convention had been part of all disability policy across the European Union, in institutions and Member States.
Ana Carla Pereira, Director for Equality and Non-Discrimination, Directorate-General for Justice and Consumers, presenting the report, said the European Union strategy for the rights of persons with disabilities 2021-2030 was the main policy framework for the implementation of the Convention at the European Union level. The 2019 European accessibility act was a landmark achievement that set accessibility requirements for certain important products and services of everyday use in the European Union internal market.
The delegation said the European Commission was developing the European disability card, which would facilitate the free movement of persons with disabilities and allow persons with disabilities to access services for persons with disabilities in all Member States. The cards would become operational as of 2028.
The European Union had implemented regulatory safeguards in relation to the use of its funds to prevent the exclusion of persons with disabilities, the delegation said. When Member States asked for reimbursement, the Union triggered mechanisms to audit whether funds were used in line with regulations. The Union had invested 1.11 billion euros in family and community-based care services across all Member States, and was incentivising investment in such care.
The delegation also said the European Commission had published a “women’s rights roadmap”, which promoted the highest standard of health for women. In future, it would adopt a recommendation on harmful practices, which would cover forced sterilisation and abortion.
In closing remarks, a representative of the Fundamental Rights Agency said that the European Union needed to lead by example and do everything it could to implement the Convention. Funding for projects that were counter to the Convention needed to be stopped.
Ms. Pereira, in concluding remarks, said the European Union was committed to implementing the Convention and advancing the rights of persons with disabilities across the region. It would make sure to enact the recommendations of the Committee as part of its efforts to implement its disability strategy.
Laverne Jacobs, Committee Expert and Member of the Country Taskforce for the European Union, said in concluding remarks that the Committee had examined positive steps and areas in which further development was needed. The dialogue had a positive atmosphere, and the Committee looked forward to further positive engagement with the European Union in future.
The delegation of the European Union was comprised of representatives from the European Commission’s Directorate-General for Justice and Consumers and its Directorate-General for Human Resources, and the Permanent Mission of the European Union to the United Nations Office at Geneva.
Summaries of the public meetings of the Committee can be found here, while webcasts of the public meetings can be found here. The programme of work of the Committee’s thirty-second session and other documents related to the session can be found here.
The Committee will next meet in public at 10. a.m. on Thursday, 13 March to continue its consideration of the initial report of Palau (CRPD/C/PLW/1).
Report
The Committee has before it the combined second and third periodic report of the European Union (CRPD/C/QPR/2-3).
Presentation of Report
HADJA LAHBIB, Commissioner for Equality; Preparedness and Crisis Management, European Commission, said for the past 15 years, implementing the Convention had been part of all disability policy across the European Union, in institutions and Member States. The European Union strategy for the rights of persons with disabilities 2021 to 2030 had been adopted. Persons with disabilities were not just vulnerable people, but citizens who held rights on an equal basis with everyone else. Since the last dialogue with the United Nations in 2015, focus had been made in several areas, including on the right of persons with disabilities to live independently and be included in their community.
The Commission presented guidance to Member States to help them make targeted investments in this area with European Union funding. The AccessibleEU initiative supported Member States in meeting legal obligations and sharing good practices. The introduction of European disability cards would further support free movement and improve conditions for persons with disabilities. It was recognised that some gaps continued, and more needed to be done to uphold the rights of persons with disabilities. For example, programmes for disaster-risk reduction and responses needed to be more equal and accessible. The Commission had high ambitions for the coming years and deeply valued the exchange with the Committee.
ANA CARLA PEREIRA, Director for Equality and Non-Discrimination, Directorate-General for Justice and Consumers, said the European Union strategy for the rights of persons with disabilities 2021-2030 was the main policy framework for the implementation of the Convention at the European Union level. It had been implemented since 2021 and a report was being prepared to assess its progress and make any necessary adjustments. Since 2019, the President had made a commitment to build a Union of Equality. Since then, the Commission had adopted several equality strategies, covering gender equality; lesbian, gay, bisexual, transgender and intersex persons equality; anti-racism; Roma inclusion; and the rights of persons with disabilities, building a framework aimed at upholding the rights of individuals, and addressing intersectional discrimination.
The 2019 European accessibility act was a landmark achievement since the latest Committee review in 2015. The act set accessibility requirements for certain important products and services of everyday use in the European Union internal market. Accessibility obligations were also included in several other acts, including the 2016 web accessibility directive. To support the implementation of accessibility rules, European standards had been developed through the European Standardisation Organizations in different areas. To further stimulate convergence and coherence, the Commission launched AccessibleEU in 2023 as a flagship of the strategy, the European Union resource centre on accessibility, which was already seeing great results.
In 2023, the Commission adopted a proposal for the revision of the victims’ rights directive, which included a new provision to ensure that victims with disabilities benefitted from electronic means of communication and could access support services and protection measures on equal basis with others. In 2023, the European Union acceded to the Council of Europe Convention, the Istanbul Convention, on preventing and combatting violence against women and domestic violence. A decisive step was taken to facilitate the free movement of persons with disabilities across the European Union. The directive establishing the European disability card and the European parking card for persons with disabilities was adopted.
The disability employment package provided guidance and model practices in all stages of employment, from recruitment, through life-long learning, staying and return to work. In these crucial areas, competencies belonged to Member States. However, the Commission strove to stimulate upward convergence across the European Union, through policy monitoring in the context of the European semester, funding, soft-law and guidelines, and awareness-raising. The 2023 guide of good electoral practices addressing the participation of citizens with disabilities in the electoral process were some examples of action in this area. As employers, European Union institutions were committed to take actions to boost the recruitment, effective employment and career perspectives of staff with disabilities.
Ms. Pereira concluded by conveying profound respect for the review process.
A representative of the European Ombudsman said although the European Union had made changes in the last decade to comply with the Convention, there were still areas where focus was needed. Despite the Committee’s prior observation that the European Union should strengthen its monitoring of funds, so they were not used to develop or expand institutions, concerns still persisted that activities promoted by the European Union were at odds with deinstitutionalisation. The Commission should take a more proactive approach, including using infringement procedures. Pressing issues included providing reasonable accommodation in recruitment and implementing rules related to allowances for staff with children with disabilities. European Union institutions should consistently interpret staff regulations and rules in line with the Convention. Since the last review by the Committee, it was recommended that the European Commission monitor the situation of persons with disabilities under the European Union health scheme. It was recommended that the Commission reflect on ways to revise the rules governing the health scheme to address inequalities and ensure comprehensive coverage.
Questions by a Committee Expert
MARKUS SCHEFER, Committee Expert and Taskforce Leader for the European Union, said the Committee was not used to examining an entity with as limited competencies and as complex as the European Union. The Convention was the only United Nations human rights treaty that the European Union had ratified. The dialogue was taking place against the backdrop of a fundamental challenge to the value of law and international relations, posed by America. On the other hand, the European Union was a product of law, more so than any modern nation. It was important to see the real everyday impact on the rights of persons with disabilities, more than the technical means through which this impact was attained.
Did the European Union accept the right of the interpretation of the Convention by the Committee as authoritative? Or did it reserve the right to deviate from it? What would be permitted for deviation?
The Convention applied to all areas of life and covered all activities of the European Union. Had a cross-cutting comprehensive review taken place in the last 10 years, as recommended by the Committee?
General comments provided the Committee’s views of the legal obligations specific to a provision of the Convention. Would these be accepted as authoritative interpretations, or would they be deviated from?
If the proposal for the regulation on the cross-border protection of adults went forward, it would likely result in a violation of the Convention? The original proposal for the artificial intelligence act did not contain measures for persons with disabilities. Was the European Union planning to introduce substantive and procedural measures to ensure new legislation conformed with the Convention?
Were there any plans to include national organizations of persons with disabilities in the work of the disability platform? Was there any legal basis establishing and outlining the processes in which such consultations took place? How were organizations of persons with disabilities supported in a way which allowed them to effectively participate in these processes? Did the Council have any mechanism of participation for organizations of persons with disabilities?
Was it unrealistic that the equal treatment directive would be unblocked by June this year, as the Council required? If the Council did not succeed, would the proposal be withdrawn? Did the European Union plan to adopt concrete proposals for the remainder of the strategy on the rights of persons with disabilities?
Responses by the Delegation
The delegation said the Convention did not have an effect on primary European Union law, but had to be respected when interpreting secondary law, which was important. All Member States when implementing European Union law had to respect the Charter of Fundamental Freedoms. The Convention and its principles were not sufficiently precise to have a direct relationship with areas of law systematised in European Union treaties. It was not possible to answer the question of deviation in a straightforward manner.
The European Union originally had a list of less than 50 acts reflecting the rights of persons with disabilities; by 2017, it was over 100. The progressive way in looking at legislation brought about results. This was how the requests of the Committee were being answered.
The European Union was committed to abiding to the Convention’s articles. Work had been done to address the general comment to the best of the State party’s abilities.
Prior to any legislative proposal, public consultations were held with the general public, as well as targeted consultations with groups which had a legitimate interest in the initiative being announced. The better regulation guidelines were internal rules which asked every service working on a new proposal in the Commission to follow a series of questions to explain whether the impact was economic, social and environmental, and explain its positive and negative impacts. There was an area which looked at guidelines on how to take into account equality and non-discrimination.
The Disability Platform was an expert group created in 2021; it was made up of representatives of the Member States. Fourteen civil society organizations were also members of the Platform. The European Day of Disability was a flagship event held in December, where national organizations participated. The gathering allowed organizations from all across Europe, who voiced the concerns of persons with disabilities, to come together. The Disability Platform held between two to three meetings per year, as well as ad hoc meetings when certain issues required attention. Member States were in constant communication and dialogue with the organizations that represented persons with disabilities. There were many occasions in which the dialogue took place.
The equal treatment directive was proposed in 2008 and had been under negotiation for 16 years. To be approved, all the Member States needed to support the directive unanimously. During the 16 years, the unanimity had not been reached. For this reason, the Commission had announced its intention to withdraw the proposal within six months. The Council had been asked to react to the intention of withdrawal, to say whether this announcement was favourable. Based on the Council’s reaction, a final deliberation would be made. An employment equality directive had been in place for 25 years.
The strategy for persons with disabilities 2021-2030 was action-based and many of the actions had been enacted. A progress report would be developed, and when necessary, new actions would be devised. The outcomes of the dialogue would act as important input.
Questions by a Committee Expert
LAVERNE JACOBS, Committee Expert and Taskforce Member, said the Committee had been pleased to learn that the gender equality strategy for 2020 to 2025 addressed some concerns relating to women and girls with disabilities such as violence, forced sterilisation and harmful practices. What measures were being taken to ensure the strategy would extend to women with disabilities to enable them to access work and employment and ensure they would be provided with reasonable accommodation once in the workforce? What women’s issues would be addressed in the next strategy?
The recently published roadmap for women and girls did not seem to have any discussions on women with disabilities; could the delegation comment on this? What measures would be taken to extend accessibility to areas currently not covered by the European accessibility act, such as the built environment and historical sites? What measures were being taken to inform the enforcement of digital accessibility laws? What measures were being adopted to ensure accessibility standards were integrated into the development of rapidly growing technology such as artificial intelligence and virtual reality?
Responses by the Delegation
The delegation said the gender equality strategy and the strategy for the rights of persons with disabilities recognised that women with disabilities faced specific challenges. Guidance had been published on reasonable accommodation, and the lower employment rate of women with disabilities was taken into account. The European Disability Forum had a Committee which was a key partner in discussing and advancing the rights of women with disabilities. Work was done to inform the decision-making process by gathering data, disaggregated by sex and disability.
The roadmap for women’s rights was a political statement, which allowed the Commission to reaffirm the values and principles on women’s rights. It was not a programmatic document and therefore did not have actions. The roadmap was about women in all their diversity, and had a strong focus on intersectionality, including referring to issues which affected women with disabilities.
The European accessibility act set forth accessibility requirements for products and services for everyday use, including computers, smartphones and eBooks. Pursuant to the artificial intelligence act, organizations were mandated to develop standards for high-risk compliance which adhered with the obligations under the Convention.
Questions by a Committee Expert
MARKUS SCHEFER, Committee Expert and Taskforce Leader for the European Union, said the Eurostat database was a good tool for data management. However, persons with disabilities living in institutions did not appear in the database, among other deficiencies. Was the European Union aware of these issues and was it planning to remedy them?
What steps was the European Union taking to design, adopt and monitor an external action plan to specifically promote the rights of persons with disabilities? There was an increasing trend globally to cut budgets in development assistance. What steps was the European Union taking to ensure the next multi annual financial framework was fully compliant with the Convention obligations? How would disability rights be safeguarded, and targeted funding for disability be increased?
Responses by the Delegation
The delegation said since the last review, the European Union had focused on developing statistics covering a wide range of topics and was now focusing on types of disability. Eurostat would launch a pilot survey to be able to concretely cover persons with disabilities.
The European Union made efforts to promote the rights of persons with disabilities globally through cooperation, policy dialogue and humanitarian actions. The Commission continued to use the Organization for Economic Cooperation and Development disability marker to track investment. In 2019, only four per cent of external action included disability consideration; however, by 2023 this number had increased to 28 per cent, reflecting significant progress. The European Union had strong policy cooperation; it could now track progress and support partner countries in developing and promoting the rights of persons with disabilities.
Questions by Committee Experts
A Committee Expert asked how it could be illustrated that the European Union had a pivotal and impactful role in the implementation of the Convention? What had the State party done since the ratification of the Convention to have a common conceptual understanding among European Union countries, ensuring they were all on the same page?
Another Expert said there was no record that persons with disabilities participated in the enforcement of the 2021 fund; why was this the case?
An Expert asked how the disability perspective would be mainstreamed in the implementation of the Global Gateway?
A Committee Expert said many deaf people in the European Union could not take advantage of the emergency system as they could not use their voice to communicate with the system. How could the system be improved?
An Expert asked what action had been taken in response to the data gathered as part of the European Union survey regarding children with disabilities? What impact had the accessible child platform had on children with disabilities?
A Committee Expert asked if there were any mechanisms to provide mandatory training to decision-makers and law enforcement officials, to ensure that disability issues were mainstreamed across their agendas?
One Committee Expert said the European Union had a card for persons with disabilities which would allow for movement between countries. To what extent did this card give persons with disabilities access to services?
Another Expert asked if the European Union was involved in work with Member States to encourage them to fully implement the Convention? The Expert was concerned that it was too easy for the implementation of the Convention to slip between the cracks when there were 27 States responsible. Could the delegation comment on this?
An Expert appreciated the productive and informative dialogue and the delegation’s kindness and willingness to improve policies. How could the European Union guarantee funds were used for appropriate support?
Responses by the Delegation
The delegation said the European Union only had conferred powers, meaning there were areas where the entity could act as a legislator, which set minimum requirements which needed to be implemented across the entire Union. However, there were areas where the State did not have such competence. Policy guidance and mutual learning activities were held in situations where the European Union did not have direct impact on national legislation, to influence the political and policy debate in Member States.
The European Union was in early stages of discussion on the multiannual financial framework. Best practices from the current programming period would be applied to the next period.
The European Union was party to the Convention as a region, but so were all 27 Member States which constituted the European Union. They had all ratified and were parties to the Convention. In the areas where the entity did not have competence, it was up to the Member States to abide.
Questions by Committee Experts
LAVERNE JACOBS, Committee Expert and Taskforce Member, asking questions on behalf of ROSEMARY KAYESS, Committee Expert and Taskforce Member, said people with disabilities were disproportionately impacted by conflict, disasters and public health emergencies. The Committee noted there had been some improvement in European Union policies in this area, but gaps still remained. How did the European Union ensure that its polices reflected the Convention, including through indicators, consultation and enforcement mechanisms?
MARKUS SCHEFER, Committee Expert and Taskforce Leader for the European Union, said the current independent monitoring framework was complex and did not work well. Had a study of the framework been undertaken? This was desperately needed. What was the legal basis of the monitoring? How were the results of the monitoring being transferred to the respective bodies so that results could be seen?
Not all European Union institutions had focal points and there was no unit specifically designated to implement the Convention. Did the European Union view this situation as satisfactory? Were there plans to improve organizational measures in all European Union institutions?
Responses by the Delegation
The delegation said persons with disabilities were often disproportionately affected by humanitarian crises and natural disasters. The European Union had a longstanding commitment to provide humanitarian aid which was inclusive of persons with disabilities. A dedicated guidance was launched in 2023 for Member States in this regard.
The European accessibility act set forth requirements related to emergency communications. The standard deadline was for June this year, but there could be a derogation until 2027. In some cases, Member States asked for derogations if they faced difficulty in implementing specific obligations in the given period of time.
The European Union had followed the View of the Committee and withdrew from the monitoring framework. A study had started with results and was expected to be finalised by the end of the year. The State was committed to discussing some of the preliminary elements of the study.
The unit on disability policy was totally devoted to this topic, and everything being done related to the Convention. Although the Convention was not mentioned in the title, the activities of the unit were anchored in the principles and articles of the Convention. Everything being considered on disability policy was inspired by the Convention. The unit was the focal point for the European Union in relation to the Committee.
Questions by Committee Experts
MARKUS SCHEFER, Committee Expert and Taskforce Leader for the European Union, asking questions on behalf of ROSEMARY KAYESS, Committee Expert and Taskforce Member, said the Committee observed a widespread use of harmful practices in European Union States as well as use of physical and chemical restraints and forced treatments, among others, applied to persons with disabilities. What measures was the Union taking to work with Member States to eliminate the use of these harmful practices? It would be of great importance for the European Union to work together with Member States in this regard.
Responses by the Delegation
The delegation said the European Union’s competence was limited. When implementing European law, Member States needed to abide by article four of the European Charter for Human Rights. All European-funded research was guided by a serious ethics review mechanism. This allowed for difficulties to be spotted in a preventive manner.
Questions by Committee Experts
MARKUS SCHEFER, Committee Expert and Leader of the Country Taskforce for the European Union, said that in 2023, the United Nations Special Rapporteur on the rights of persons with disabilities criticised the use of European Union funding on institutions segregating persons with disabilities in European Union Member States. The European Commission had devised non-binding guidance on the use of its funding on institutions for persons with disabilities, however this guidance was vague regarding the possibility of financially supporting small group homes, which should not be supported. Were there measures in place to ensure that Member States followed the guidance notice and promoted community-based services? Were there plans to amend the European Commission’s guidance notice to address its shortcomings?
Under European Union rules, Member States could not give advantages to specific companies, but there were some exceptions to this rule, including related to companies operating sheltered workshops, which were not in conformity with the Convention. How did the European Union prevent preferential funding of companies with sheltered workshops by Member States?
The victims’ rights directive included measures to promote persons with disabilities’ access to justice. This was positive, but requirements of procedural accommodation seemed to be absent. Why was this? Were there plans to address procedural accommodation in future revisions to the directive? What procedural accommodations were provided for persons with disabilities in the European Court of Justice and Court of First Instance?
Responses by the Delegation
The delegation said that the European Union had implemented safeguards in relation to the use of its funds to support independent living and prevent exclusion. Regulations prohibited segregation and exclusion of persons with disabilities and the Union was guiding Member States in this regard. Its capacity to correct Member States’ actions depended on their cooperation. When Member States asked for reimbursement, the Union triggered mechanisms to audit whether funds were used in line with regulations.
The European Commission’s guidance notice clarified how to promote the right to independent living for persons with disabilities in line with the Convention. It promoted the provision of support services and provided examples of products and services that could be supported with European Union funds, including non-segregated housing options. The guidance notice reflected the Committee’s general comment five and had been devised in cooperation with organizations of persons with disabilities. The Commission had prepared dissemination activities to support the implementation of the notice and would continue to do so.
There was an opportunity currently to review European Union legislation on public procurement. There were provisions in place that obliged public buyers to consider the rights and requirements of persons with disabilities. The Union had launched a study on sheltered employment which would inform future regulations.
The victims’ rights directive ensured that victims with disabilities could access on an equal basis support services in the justice system.
Questions by Committee Experts
A Committee Expert asked about steps to implement a disability action plan to promote the rights of persons with disabilities in emergency response plans, and to include persons with disabilities in the creation of these plans. How was the Union supporting carers?
Another Committee Expert said there were instances in which national disability certificates had not been recognised by the European Union system, preventing access to services and support. How was this being addressed? The national victims strategy did not address institutionalisation. Why was this? The European Union had invested heavily on studies into how to prevent people from being born with disabilities. These funds would be better spent on improving the living standards of persons with disabilities. What were the delegation’s views on this?
One Committee Expert said persons with disabilities had limited enjoyment of the right to freedom of movement in the European Union. The planned European Union common disability card was a welcome step, as it would support access to transport, culture and leisure. Would the Union develop a framework for ensuring the freedom of movement of persons with disabilities between Member States based on the disability card?
A Committee Expert said European Union development funds needed to mainstream disability rights and the implementation of the Convention. Would the common disability card allow holders to access useful services? How was this access guaranteed in all Member States?
One Committee Expert said the European Union had financed various initiatives to incentivise the implementation of the Convention, including certificates of compliance with article 19 of the Convention issued to businesses. How successful had this measure been? How did the Union incentivise measures to promote the political representation of persons with disabilities?
MARKUS SCHEFER, Committee Expert and Member of the Country Taskforce for the European Union, said forced sterilisation and forced abortions were still being perpetrated on women with disabilities in European Union Member States. Such actions were not criminalised by the Union and there were no policy measures addressing these acts of barbarism. What measures were in place to address the serious lack of protective measures against these actions?
Responses by the Delegation
The delegation said the European Union had invested 1.11 billion euros in family and community-based care services across all Member States. There was strong political commitment to promote independent living. The Union was incentivising investment in family and community-based care.
Funding allocation by the European Union needed to be in compliance with the Convention. The European Union did not issue certificates related to the implementation of article 19 of the Convention, but it awarded businesses and cities that implemented good practices related to persons with disabilities.
The European Commission was developing the European disability card and the European parking card, which would both help to facilitate the free movement of card holders across Member States. The disability card would allow persons with disabilities to access services for persons with disabilities in all Member States, and the parking card would allow them to access parking spaces in all Member States. The cards would become operational as of 2028. The Commission sought to address gaps related to freedom of movement for persons with disabilities. Decisions on the provision of social services were made at the national level.
Questions by Committee Experts
LAVERNE JACOBS, Committee Expert and Member of the Country Taskforce for the European Union, cited reports of European Union staff with disabilities being unable to receive accommodation and lacking access to assistive technologies. How were these issues addressed? Was there a mechanism for engaging with persons with disabilities in the workplace on the implementation of digital tools and other accommodation measures? What role did doctors play in determining these measures?
What steps had been taken to ensure that all remaining barriers in the European Union preventing persons with disabilities from voting freely and from standing for public office had been removed? Persons with intellectual disabilities were experiencing deprivation of the right to vote in some Member States. What safeguards were in place to ensure that persons with disabilities could exercise their right to vote? Individuals with disabilities who wished to stand for public office also faced significant barriers. How did the State party ensure that these persons received sufficient support during elections and while in office?
The Committee had received reports that women with disabilities had difficulty in accessing healthcare services in the European Union. What measures were in place to strengthen the Union’s gender and health policies to support the sexual and reproductive health rights of women with disabilities?
The Committee had received reports of barriers in access to information for persons with disabilities. Not all national sign languages used in the European Union had been officially recognised by the Union. How would this be addressed? What steps had been taken to ensure that information was provided in accessible formats?
There were reports that in some Member States, personal assistants were required to be with persons with disabilities at all times, including in intimate situations, seemingly infringing on their privacy. What soft law tools addressed this issue?
Not all persons with disabilities were able to consent to processing of their data. The European Union’s artificial intelligence act did not address substitute decision making in relation to data privacy. How would this issue be addressed?
The European Union had ratified the Marrakesh Treaty and instructed Member States to implement it. What measures were in place to ensure that the Treaty was being effectively implemented to allow persons with disabilities to have sufficient access to information, and to remedy in cases where their access was denied?
MARKUS SCHEFER, Committee Expert and Member of the Country Taskforce for the European Union, said it was concerning that the European Union had ratified the Hague Convention on the International Protection of Adults and was proposing a regulation on the cross-border protection of adults. Why did the European Union continue to support and promote these substitute decision-making systems?
Responses by the Delegation
The delegation said the European Union made information available on the types of accommodation available in its recruitment process. The Union worked to track unconscious bias and remove barriers to persons with disabilities accessing employment. Teams of doctors were considering benchmarks for sick leave and medical allowances. Each staff member was reimbursed 80 to 85 per cent for medical procedures. Staff groups including persons with disabilities helped the Union’s specialised team to develop and implement accommodation measures.
The organization of elections was the responsibility of Member States. European Union regulations specified that every citizen of Member States had the right to vote. The European Commission had adopted a recommendation supporting voter turnout and guiding the removal of barriers to participation in elections for persons with disabilities. The Commission was highlighting good practices in Member States in supporting persons with disabilities to participate in elections. The European Union had introduced measures to support candidates with disabilities to stand for election to the European Parliament.
Member States were responsible for the delivery of health services and medical care. The European Union was helping Member States to address challenges and improve their health systems. It had undertaken studies to assess the barriers faced by persons with disabilities in the health sector, which would inform future measures. The European Commission had published a “women’s rights roadmap”, which promoted the highest standard of health for women. In future, it would adopt a recommendation on harmful practices, which would cover forced sterilisation and abortion. European Union health regulations were being revised and there were opportunities for persons with disabilities to provide input in this process.
The media services directive obliged media service providers to make their services more accessible to persons with disabilities. Granting sign language users access to national sign languages was primarily the responsibility of Member States. However, the European Union was funding research projects to develop artificial intelligence technologies to provide automated sign language translation.
The regulation of personal assistants was the responsibility of Member States. The Union had soft-law tools to support the care profession, such as the European care strategy, which aimed to promote social dialogue on care services. The notice on independent living included references to the care workforce and the need to provide personal assistants to persons with disabilities. There were many Member States that were changing laws on personal assistants and the Union was supporting them in these endeavours.
The European Union had various legislative tools in place to promote the right to digital privacy, including the European Declaration on Digital Privacy, which called for digital spaces to be made safe and to protect fundamental rights. The European Commission assisted service providers to develop accessibility requirements in digital spaces. There was also a regulation that called for medical information to be anonymised and to only be used for specified purposes; this had proven to be effective in many Member States.
A directive had been issued to align European Union legislation with the Marrakesh Treaty. The directive instructed Member States to implement compensation schemes for the failure to provide accessible information. Thus far, six Member States had implemented such schemes.
Issues of legal capacity were governed by Member States; the European Union did not have the ability to determine the legal capacity of adults, but was able to take legal action related to cross-border protection of adults. Its regulation on the cross-border protection of adults was still being negotiated. The Union was working to ensure that the wishes of persons who moved to other countries were heard. Receiving Member States could refuse to place persons with disabilities in institutions at the request of sending States, following the wishes of the person involved.
Questions by Committee Experts
A Committee Expert said the European Union Charter prohibited language-based discrimination, seemingly including discrimination based on sign language. Could this be leveraged to ensure that all national sign languages were officially recognised as European Union languages?
One Committee Expert asked how the right to vote was protected for persons with disabilities who resided in a European Union State that was not their country of origin. How did the European Union ensure that the Global Gateway would respect the Convention and support persons with disabilities in the Global South? Were organizations of persons with disabilities included in consultation processes on development aid? Did the Union plan to broaden the scope of the European disability card to ensure that it protected freedom of movement?
Some Member States promoted a segregated educational environment. How was the European Union supporting inclusive education? The Committee welcomed the plan to create the European disability card, which would help persons with disabilities travelling across Member States to access certain services. Persons with disabilities often faced accessibility issues when travelling across Member States; how would these be addressed?
A Committee Expert asked how the European Union ensured the right to custody of children for parents with disabilities. Were there guidelines planned to ensure that personal assistants were included in social services provided for persons with disabilities in all Member States?
One Committee Expert asked whether workers who acquired disabilities in occupational accidents in the European Union were assisted to reintegrate into the labour market.
Responses by the Delegation
The delegation said all social security schemes were organised by Member States and it was difficult for the European Union to influence these.
Invalidity was not considered to be permanent by the European Union civil service. Decisions on invalidity could be reversed through medical examinations, and this frequently happened. The Union supported the reintegration of staff members who had acquired disabilities.
The Erasmus Plus Programme aimed to reach out to persons with less opportunities, including persons with disabilities. It provided a grant to students seeking to study abroad. Its budget could finance all transport and education costs for students with disabilities.
The European disability cards focused on short stays for persons with disabilities in European Union countries, but the time limit had been extended for students with disabilities. Education was a competence of Member States, but the Union was encouraging Member States to ensure that persons with disabilities could access inclusive education.
The European Commission had adopted a recommendation on child protection, which encouraged Member States to support deinstitutionalisation and the best interests of the child.
The Global Gateway promoted equal partnership and democratic principles, and tried to ensure mainstreaming of the Convention in its operations.
Discrimination on the basis of language was mentioned in the European Union Charter, but recognition of sign languages was the responsibility of Member States.
Under European Union legislation, citizens of the Union had the right to vote and stand as candidates when they resided in other Member States under the same conditions as nationals.
Member States had the possibility to accept the stay of persons with disabilities holding the European disability card for longer than three months. The Union had developed a framework on passenger rights that supported the travel of persons with disabilities, and measures such as the accessibility act promoted the accessibility of buildings.
Closing Remarks
A representative of the Fundamental Rights Agency said that the European Union had come a long way in efforts to protect the rights of persons with disabilities living in the European Union, guided by its disability strategy. However, there was room for improvement. The Union needed to lead by example and do everything it could to implement the Convention. The prohibition of discrimination needed to be mainstreamed into all European Union legislation and policies. The current system of funding needed to ensure respect for the Convention and reflect the views of persons with disabilities. Funding for projects that were counter to the Convention needed to be stopped. The European Union also needed to establish a proper monitoring framework that could effectively monitor the implementation of the Convention. Monitoring bodies needed appropriate budgets and resources.
ANA CARLA PEREIRA, Director for Equality and Non-Discrimination, Directorate-General for Justice and Consumers, European Commission, expressed thanks for the dialogue. The delegation had presented how it was working to promote the rights of persons with disabilities. Persons with disabilities were entitled to have dreams and to flourish in their personal and professional lives. Providing reasonable accommodation was key to the social inclusion of persons with disabilities. The European Commission was in constant dialogue with Member States to promote disability rights.
The European Union was united in its diversity, and was committed to implementing the Convention and advancing the rights of persons with disabilities across the region. It would focus on areas where it could make concrete progress and provide advice to Member States related to their areas of competence. The European Union would make sure to enact the recommendations of the Committee as part of its efforts to implement its disability strategy. Ms. Pereira expressed thanks to all persons who had contributed to the dialogue.
LAVERNE JACOBS, Committee Expert and Member of the Country Taskforce for the European Union, thanked the delegation for the dialogue, which had addressed several issues related to the rights of persons with disabilities. The Committee had examined positive steps and areas in which further development was needed, including related to equality in access to information, accommodation for persons with disabilities in emergency response plans, measures to ensure persons with disabilities could live independently, and issues relating to health, privacy, work and employment for persons with disabilities. The dialogue had a positive atmosphere, and the Committee looked forward to further positive engagement with the European Union in future.
MIYEON KIM, Committee Chair, said the dialogue had provided insight into progress made and challenges faced in implementing the Convention throughout the territory of the European Union. The Committee commended the European Union for its efforts and called on it to devote further efforts to implementing the Convention and the Committee’s recommendations.
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CRPD25.006E