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Resolution of the council and of
the representatives of the governments of the member states meeting within
the council
of 20 December 1996 on equality of opportunity for people with
disabilities
THE COUNCIL OF THE EUROPEAN UNION AND THE REPRESENTATIVES OF THE
GOVERNMENTS OF THE MEMBER STATES MEETING WITHIN THE COUNCIL,
(1) Whereas the Commission has issued a Communication entitled "Equality
of Opportunity for People with Disabilities A New European Community
Disability Strategy";
(2) Whereas people with disabilities constitute a significant proportion
of the population of the Community and, 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) Whereas respect for human rights is a fundamental value of the
Member States which is underlined in Article F.2 of the Treaty on European
Union;
(4) Whereas the principle of equality of opportunity for all, including
people with disabilities, represents a core value shared by all Member States;
whereas this implies the elimination of negative discrimination against people
with disabilities and improving their quality of life; and whereas access
to mainstream education and training, where appropriate, can play an important
role in successful integration in economic and social life;
(5) Whereas the Community Charter of the fundamental social rights
of workers, adopted at the European Council in Strasbourg on 9 December 1989
by the Heads of State or Government of 11 Member States, proclaims inter
alia, in point 26: "26. All disabled persons, whatever the origin and nature
of their disability, must be entitled to additional concrete measures aimed
at improving their social and professional integration.
These measures must concern, in particular, according to the capacities
of the beneficiaries, vocational training, ergonomics, accessibility, mobility,
means of transport and housing;";
(6) Whereas in its Recommendation of 24 July 1986 on the employment
of disabled people in the Community1 the Council
recommended Member States to 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;
(7) Whereas the free movement of persons must be ensured in accordance
with the existing Community legislation for the benefit of all the citizens
of the European Union, including those with disabilities and those who are
responsible for people with disabilities;
(8) Whereas the overall purpose of the United Nations Standard Rules
on the Equalization of Opportunities for Persons with Disabilities, adopted
by the General Assembly on 20 December 19932 is
to ensure that all people with disabilities may exercise the same rights
and obligations as others;
(9) Whereas 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) Whereas in its White Paper "European Social Policy A Way
Forward for the Union", adopted on 27 July 1994, the Commission indicated
that it intended to prepare an appropriate instrument endorsing the principles
of the United Nations Standard Rules on the Equalization of Opportunities
for Persons with Disabilities;
(11) Whereas, whilst responsibility in this field lies with the Member
States, the European Community can make a contribution in fostering cooperation
between Member States and in encouraging the exchange and development of
best practice in the Community and within the policies and activities of
the Community institutions and organs themselves;
(12) Whereas the aims set out in this Resolution on the equalization
of opportunities for people with disabilities and the ending of negative
discrimination are without prejudice to the right of each Member State to
lay down its own rules and provisions for achieving the said aims, in accordance
with the principle of subsidiarity and to the full extent that the resources
of society permit:
1 OJ No L 225, 12.8.1986, p. 43.
2 United Nations General Assembly Resolution 48/46 of 20 December
1993.
I. REAFFIRM THEIR COMMITMENT TO:
1. the principles and values that underline the United Nations Standard
Rules on the Equalization of Opportunities for Persons with
Disabilities;
2. the ideas underlying the Council of Europe's Resolution of 9 April
1992 on a coherent policy for the rehabilitation of people with
disabilities;
3. the principle of equality of opportunity in the development of
comprehensive policies in the field of disability, and
4. the principle of avoiding or eliminating any form of negative
discrimination on the sole grounds of disability.
II. CALL ON MEMBER STATES:
1. to consider if relevant national policies take into account, in
particular, the following orientations:
-
empowering people with disabilities for participation in society,
including the severely disabled, while paying due attention to the needs
and interests of their families and carers;
-
mainstreaming the disability perspective into all relevant sectors
of policy formulation;
-
enabling people with disabilities to participate fully in society
by removing barriers;
-
nurturing public opinion to be receptive to the abilities of people
with disabilities and toward strategies based on equal opportunities.
2. to promote the involvement of representatives of people with
disabilities in the implementation and follow-up of relevant policies and
actions in their favour.
III. INVITE THE COMMISSION:
1. to take account, where appropriate, and within the provisions of
the Treaty of the principles set out in this Resolution in any relevant proposal
it submits on Community legislation, programmes or initiatives;
2. to promote in collaboration with the Member States and with
non governmental organizations of and for people with disabilities
the exchange of useful information and experience especially concerning
innovative policies and good practice;
3. 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;
4. to take account of the results of the evaluation of the HELIOS
II programme when considering whether it would be appropriate to bring forward
proposals for follow up.
IV. INVITE OTHER COMMUNITY INSTITUTIONS AND ORGANS:
to contribute to the realization of the aforementioned principles
in the framework of their own policies and activities.
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