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The Academic Network of European Disability Experts (ANED)

EU law and policy - Recognition of disability within EC law and policy

At the 2008 ANED Annual Meeting Professor Lisa Waddington (University of Maastricht) and Janina Arsenjeva (peer review expert) gave an overview of their research on the recognition of disability within EC law and policy.


Presentation Prof. Lisa Waddington: PowerPoint (ppt 823 kB) Handout (pdf 51 kB)

In total approximately 100 instruments were identified. The highest numbers of  instruments were identified in the fields:
 

  • Freedom of Movement for Workers and Social Policy (18) including for example the Framework Employment Directive and health and safety.
  • Transport Policy (18) including in relation to buses, trains, ferries and planes.
  • Industrial Policy and Internal Market (17) including for example instruments relating to e-accessibility and on accessibility of lifts.

 

In some fields very few instruments were identified:
 

  • Environment, Consumers and Health Protection (3).
  • Science, Information, Education and Culture (6)


There appears to be greater scope in some key areas for use of EU competency in relation to disability. This issue becomes particularly important in the context of EU obligations under the UN Convention on the Rights of Disabled People. There needs to be a review of the extent to which the Convention rights are adequately reflected in EU policy and law.
 
The draft Directive in relation to discrimination in goods and services will assist in ensuring that any gaps between UN Convention obligations and EU policy and law are resolved. However, the scope and competence of such a Directive are under debate. Additional action will be needed. For example, little attention has been paid to ensuring that disability equality is adequately addressed by the Community's development funds, as will be required by Article 32 of the Convention. Attention should also be paid to ensuring that the Community's own institutions are in compliance - for example that infrastructure such as website, educational establishments, buildings, etc are accessible.  In some areas maximizing compliance will require a more creative approach to the competence of the EU. For example, Community competence is limited in relation to social and health services but non-legislative measures such as guidance on quality of services would be productive.