The council of the european union
and the representatives of the governments of the member states meeting within
the council
Having regard to the Treaty establishing the European Community;
Having regard to the Opinion of the European Parliament;
Having regard to the Opinion of the Economic and Social Committee;
Having regard to the Opinion of the Committee of the Regions;
1. NOTE the Communication of the European Commission entitled "Equality
of Opportunity for People with Disabilities - A New European Community Disability
Strategy";
2. NOTE that people with disabilities constitute a significant proportion of the population of the Community and that, as a group, they face a wide range of obstacles which prevent them from achieving equal opportunities, independence and full economic and social integration;
3. NOTE that respect for human rights is a fundamental value of the Member States and note that it is specifically mentioned in Article F.2 of the Treaty on European Union;
4. FURTHER NOTE that the principle of equality of opportunity for all, including people with disabilities, represents a core value shared by all Member States;
5. RECALL that the Council Recommendation of 24 July 1986 on the
employment of disabled people in the Community1
stipulated that Member States “take all appropriate measures to promote
fair opportunities for disabled people in the field of employment and vocational
training including initial training and employment as well as rehabilitation
and resettlement”
1 OJ No L 225/43, 12. 8.
1986.
6. EMPHASISE that the free movement of persons, the completion and
development of the internal market, and the advancement of the rights of
consumers must be ensured for the benefit of all the citizens of the European
Union, including those with disabilities;
7. CONSIDER that increasing social cohesion within the European Community implies promoting the equality of opportunity for, and the elimination of discrimination against, people with disabilities; and furthermore, EMPHASISE that access to mainstream education and training constitutes a precondition for successful integration in economic and social life.
8. RECALL that the overall purpose of the United Nations Standard
Rules on the Equalisation of Opportunities for Persons with Disabilities,
adopted by the General Assembly on 27 December
19932 is to ensure that all people with disabilities
may exercise the same rights and obligations as others;
2 United Nations General Assembly Resolution
48/46 of 20 December, 1993.
9. RECALL that these Rules call for action at all levels both within
States as well as through international cooperation to promote the principle
of equality of opportunity for people with disabilities;
10. RECALL that the White Paper "European Social Policy - A Way Forward
for the Union", adopted by the Commission on 27 July
19943, indicated that the Commission intended to
prepare an appropriate instrument endorsing the principles of the United
Nations Standard Rules on the Equalisation of Opportunities for Persons with
Disabilities;
3 COM(94) 333 of 27 July
1994.
11. EMPHASISE that while responsibility in this field lies primarily
with the Member States, the European Community has a contribution to make
in promoting cooperation between Member States in this field and in encouraging
the exchange and development of best practice in the Community;
12. EMPHASISE that the aims set out in this Resolution on the equalisation of opportunities for people with disabilities and the ending of discrimination are without prejudice to the right of each Member State to lay down its own rules and provisions for achieving the said aims, and thus take fully into account the principle of subsidiarity.
Hereby ADOPT this Resolution whereby the Member States :
REAFFIRM the principles and values that underline the United Nations
Standard Rules on the Equalisation of Opportunities for Persons with
Disabilities. This entails
- upholding the principle of equality of opportunity in the development of comprehensive policies in the field of disability, and
- avoiding or abolishing any form of discrimination grounded on disability.
Within the scope of this Resolution,
- "people with disabilities" is taken to include any person with an impairment of a physical, sensory, mental, or intellectual nature who faces obstacles to participation on equal and equally effective terms with all others in all aspects of the life of the community.
- "equalisation of opportunities" denotes the process through which the various systems of society and the environment, such as services, activities, information and documentation, are made available to all on an equal and equally effective basis.
The principle of equal effective rights implies that the needs of
each and every individual are of equal importance, that the respect for human
diversity must be the basis for the planning of societies and that all available
resources must be employed in such a way as to ensure that every individual
has an equal opportunity for participation.
UNDERTAKE to adapt relevant national policies, where necessary or appropriate
to the Guidelines appended to this Resolution.
UNDERTAKE that there will be mutual cooperation and co-operation with the
Commission in the generation and collation of base-line data in respect of
people with disabilities.
UNDERTAKE to ensure that representatives of people with disabilities are
more actively involved in the implementation and follow-up of relevant Community
policies and actions in their favour.
Consequently the Member States INVITE the Commission:
a) To promote through appropriate mechanisms - in collaboration with the Member States and with non-governmental organisations of and for people with disabilities - the systematic exchange of useful information, statistics and experience especially concerning innovative policies and good practice.
b) To ensure that the principles set out in this Resolution and the Guidelines attached thereto are also taken into consideration in the internal policies of the Commission and in any proposals it submits on Community legislation, programmes and initiatives.
c) To submit periodic reports to the European Parliament, the Council,
the Economic and Social Committee and the Committee of the Regions on the
basis of information supplied by the Member States, describing the progress
made and the obstacles encountered in implementing this Resolution.
And INVITE other Community Institutions and organs to consider how they might
better integrate the aforementioned principles in the framework of their
own internal policies and activities.
GUIDELINES.
Guideline Framework for the Achievement of the principle of equality
of opportunity for people with disabilities
Set out below are a number of areas which should be actively considered
by the Member States in seeking to achieve equality of opportunity in the
field of disability.
1. Empowering People with Disabilities for Participation in
Society
a. Respect for Autonomy and Independence. This can be done by recognising people with disabilities as capable, responsible individuals who have their own and equally legitimate life-choices. Among other things, it entails support for the concept of independent living and the means necessary to achieve it. The achievement of integration and participation, as well as the methods used, should at all times be fully consonant with, and respect the dignity, independence and privacy of the individual with disabilities.
b. Readjusting Education and Training Systems to Facilitate Participation: This can be done by priming people with disabilities to the very best of their own talents to enter and participate in society on equal terms and to enter the labour market at a level commensurate with their abilities. It is to be achieved, inter alia, by accelerating the trend of placing children with disabilities into ordinary schools while respecting the principle of choice and by ensuring a mutually beneficial and inclusive continuum between ‘ordinary’ and ‘special’ education. There should be more active labour market measures promoting access to open and supported employment of people with disabilities. Experimentation with innovative trends (teleworking, self-employment, integration into local employment initiatives and job creation projects in the new sectors of employment-intensive growth, etc;) can open new pathways to employment. The application of information and communication systems has been shown to enhance the efficiency and effectiveness of the contribution of disabled people to the labour market. A necessary component of such a strategy entails a re-examination of training schemes to ensure their relevance.
c. Readjusting Welfare and Other Supports to Facilitate Participation: This can be done by re-conceptualising such supports to ensure that they do not compound the isolation of the individual but that they play their own part in actively facilitating participation. In particular, the task of meeting the continuing needs of people with disabilities should be viewed as an essential support for ongoing participation. General health and, rehabilitation and preventative strategies should be more closely tied, where appropriate, to the pursuit of equal opportunities. The positive trend toward Community Based Rehabilitation (CBR) should be actively promoted and supported.
d. Moving Towards a Person-Centred Approach in the Design/Implementation of Support Services : This can be done by improving the design and delivery of services. A key feature of such changes should be a focusing on the perspective of people with disabilities in the initial design and subsequent review of support systems and in their concrete implementation.
e. Mainstreaming : This can be done by giving priority to the provision of services and assistance within mainstream structures and ensuring that people with disabilities are able to live in the community and pursue an ordinary lifestyle with the necessary level of support which should be efficient and cost-effective.
f. Ensuring Seamless Provision of Services: This can be done by taking steps to ensure coordination of service design and delivery, by providing a process for clarifying jurisdictions and fields of responsibilities, by ensuring that provision tracks the life-cycle of people with disabilities and that no gaps exist, and by the development of cohesive and accessible information strategies. Special consideration should be given to the establishment of inter-departmental coordination groups.
g. Ensuring the Principle of Participation: This can be achieved by encouraging and facilitating the growth of directly representative non-governmental organisations (NGOs) of people with disabilities and the development of dialogue at all levels in the formulation and evaluation of all relevant legislative measures and in the delivery of services. This should also include all policy areas which may have implications for the enjoyment of the principle of equality of opportunity for people with disabilities. Such participation should be seen as a prerequisite to effective policy development. Special consideration should be given to supporting national networks of such NGOs through, inter alia, the use of information technology. Special consideration should also be given to engaging such NGOs as full partners with local authorities, business and commercial organisations, and trade unions in developing local strategies in favour of equal opportunities and non-discrimination.
2. Removing Access Barriers to Participation:
Viewing access issues in the light of the principle of equality of opportunity and the right to participate: This can be done by progressively removing existing architectural, communications and transport barriers and by developing detailed and enforceable guidelines on accessibility. It can also be done by ensuring a barrier-free environment in the design and construction of new facilities and in the development of new communications technologies. Special consideration is required of the need to harness positive developments in the field of information and communications technologies.
3. Opening Up Various Spheres of Society
a. By Upholding the equal civic status of people with disabilities : This can be done by giving people with disabilities equal and equally effective rights to enter and participate in all spheres of society including the social, educational, economic, cultural, sporting, tourism and political spheres. Among other things, this may entail the provision of anti-discrimination measures and remedies. Any such anti-discrimination measures should incorporate the principle of ‘reasonable accommodation’ to the situation of people with disabilities. Equal concern must also be placed on substantive matters concerning steady and real improvements in the quality of life.
b. By Promoting Employment for people with disabilities as a key to integration: This can be done by implementing concerted strategies to that end at various levels: in education, training, employment, non-discrimination, social welfare, social services, housing, health, etc. Again, these are areas where the introduction of anti-discrimination legislation may be called for. Any such legislation should normally include the requirement of ‘reasonable accommodation’ to the situation of the person with disabilities. Special consideration should also be given to actively developing and facilitating the trend toward ‘supported employment’.
4. Nurturing Public Opinion to be Receptive to Strategies on Equality of Opportunity for People with Disabilities.
Developing awareness and education: This can be done by the development of strategies aimed at influencing fundamental social attitudes to people with disabilities through awareness-raising and information. Such strategies should be aimed at focusing public attention on the individual before and behind the disability. They should be directed at making the public aware of the positive abilities of people with disabilities as well as their equal human desire and right to participate and share in the obligations of participation.
