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Progress Report on the implementation of the European Disability Strategy (2010-2020)

EUROPEAN COMMISSION
February 2017

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The Strategy is the main instrument to support the EU's implementation of the UN Convention on the Rights of Persons with Disabilities (UNCRPD). Progress in all eight areas of the strategy is reported: accessibility, participation, equality, employment, education and training, social protection, health and external action. Initiatives such as the Directive on Web Accessibility, the proposal for a European Accessibility Act, the EU Disability Card project (being piloted in 8 Member States) and provisions in the Erasmus+ programme (allowing better mobility for students with disabilities) are highlighted. 

 

This report presents progress achieved in the first five years of the Strategy and assesses implementation. Many stakeholders have contributed to this work. The United Nations reviewed how the EU has been implementing its obligations under the UNCRPD3, and issued Concluding Observations with concrete recommendations for follow-up. These contain guidance on priority issues while also highlighting the steps already taken (see Annex 3). The European Parliament and the European Economic and Social Committee subsequently prepared their own reports on the implementation of the UNCRPD, while civil society organisations provided analysis and proposals (see Annex 4). The Commission also launched a public consultation to collect views from a broad range of stakeholders on the current situation of persons with disabilities and the impact of the Strategy so far, gathering more than 1,500 contributions (see Annex 1). This report also looks at the role of the supporting instruments and at the implementation of the UNCRPD within the EU institutions. Finally, it looks ahead at how the Strategy will continue to deliver on its objectives. In addition, the report includes a comprehensive and up-to-date overview of EU legal acts with an impact on disability matters (Annex 5)

 

SWD(2017) 29 final

Strengthening mental health system governance in six low- and middle-income countries in Africa and South Asia: challenges, needs and potential strategies

PETERSEN, Inge
et al
February 2017

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The aim of this study was to identify key governance issues that need to be addressed to facilitate the integration of mental health services into general health care in the six participating "Emerald" countries (Ethiopia, India, Nepal, Nigeria, South Africa, and Uganda).  The study adopted a descriptive qualitative approach, using framework analysis. Purposive sampling was used to recruit a range of key informants, to ensure views were elicited on all the governance issues within the expanded framework. Key informants across the six countries included policy makers at the national level in the Department/Ministry of Health; provincial coordinators and planners in primary health care and mental health; and district-level managers of primary and mental health care services. A total of 141 key informants were interviewed across the six countries. Data were transcribed (and where necessary, translated into English) and analysed thematically using framework analysis, first at the country level, then synthesised at a cross-country level.

Mental health and human rights : Report of the United Nations High Commissioner for Human Rights

OFFICE OF THE HIGH COMMISIONER FOR HUMAN RIGHTS
January 2017

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"The present report, mandated by the Human Rights Council in resolution 32/18, identifies some of the major challenges faced by users of mental health services, persons with mental health conditions and persons with psychosocial disabilities. These include stigma and discrimination, violations of economic, social and other rights and the denial of autonomy and legal capacity.

In the report, the High Commissioner recommends a number of policy shifts, which would support the full realisation of the human rights of those populations, such as the systematic inclusion of human rights in policy and the recognition of the individual’s autonomy, agency and dignity. Such changes cover measures to improve the quality of mental health service delivery, to put an end to involuntary treatment and institutionalisation and to create a legal and policy environment that is conducive to the realisation of the human rights of persons with mental health conditions and psychosocial disabilities"

A/HRC/34/32

Human Rights Council, Thirty-fourth session, 27 February-24 March 2017

QualityRights materials for training, guidance and transformation

WHO
2017

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"As part of the QualityRights Initiative, WHO has developed a comprehensive package of training and guidance modules. The modules can be used to build capacity among mental health practitioners, people with psychosocial, intellectual and cognitive disabilities, people using mental health services, families, care partners and other supporters, NGOs, DPOs and others on how to implement a human rights and recovery approach in the area of mental health in line with the UN Convention on the Rights of Persons with Disabilities and other international human rights standards".

Disability law and reasonable accommodation beyond employment. A legal analysis of the situation in EU Member States.

EUROPEAN COMMISSION
DIRECTOR-GENERAL FOR JUSTICE AND CONSUMERS
WADDINGTON, Lisa
BRODERICK, Andrea
POULOS, Anne
November 2016

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This report analyses the situation in the 28 EU Member States with regard to obligations to provide reasonable accommodation outside the field of employment. More specifically, the report outlines the duties contained in Member States’ laws and policies with respect to reasonable accommodation in the areas covered by the 2008 proposal of the European Commission for a directive to protect people from discrimination on the ground of disability, as well as discrimination on a number of other grounds (henceforth 2008 proposal). The 2008 proposal addresses the fields of social protection, including social security, healthcare and social housing; education; and access to, and supply of, goods and services, including housing. It seeks to prohibit six kinds of discrimination including, in the context of disability, an unjustified denial of a reasonable accommodation

DOI: 10.2838/15305

Toolkit on disability for Africa

UNITED NATIONS DEPARTMENT OF ECONOMIC AND SOCIAL AFFAIRS (UNDESA)
November 2016

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A Toolkit on Disability for Africa has been developed by the United Nations Department of Economic and Social Affairs (UNDESA), Division for Social Policy and Development (DSPD). It is designed for the African context and aims to:

  • Provide practical tools on various disability-related issues to government officials, members of parliament, civil and public servants at all levels, disabled persons organizations (DPOs) and all those with an interest in the inclusion of persons with disabilities in society and development;
  • Support the implementation of the UN Convention on the Rights of Persons with Disabilities (UNCRPD) and disability-inclusive development;
  • Offer examples of good practices from many countries in the African region.

 

Toolkit Modules:

  • UN DESA toolkit on CRPD – Trainers’ tips
  • Introducing the UNCRPD
  • Frameworks for implementing and monitoring the UNCRPD
  • Disability-inclusive development
  • Accessibility
  • Building multi-stakeholders partnerships for disability inclusion
  • National plans on disability
  • Legislating for disability rights
  • Access to justice for persons with disabilities
  • The rights of persons with disabilities to work
  • Inclusive health services for persons with disabilities
  • Participation in political and public life
  • Information and communication technology (ICT) and disability
  • Culture, beliefs, and disability
  • Inclusive education

Women and girls with disabilities. Committee on the Rights of Persons with Disabilities. General comment No. 3 (2016). Article 6.

OFFICE OF THE UNITED NATIONS HIGH COMMISSIONERS FOR HUMAN RIGHTS (OHCHR)
September 2016

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"International and national laws and policies on disability have historically neglected aspects related to women and girls with disabilities. In turn, laws and policies addressing women have traditionally ignored disability". "Article 6 serves as an interpretation tool to approach the responsibilities of States parties across the Convention, to promote, protect and fulfil the human rights of women and girls with disabilities, from a human rights-based approach and a development perspective". These general comments take the form of an introduction, normative content, states parties’ obligations, the interrelationship of article 6 with other articles of the Convention (perspectives of women with disabilities in CRPD provisions) and national implementation

Right to inclusive education. Committee on the Rights of Persons with Disabilities. General comment No. 4 (2016). Article 24

OFFICE OF THE UNITED NATIONS HIGH COMMISSIONERS FOR HUMAN RIGHTS (OHCHR)
September 2016

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"States parties must ensure the realisation of the right of persons with disabilities to education through an inclusive education system at all levels, including pre-schools, primary, secondary and tertiary education, vocational training and lifelong learning, extracurricular and social activities, and for all students, including persons with disabilities, without discrimination and on equal terms with others". "The right to inclusive education encompasses a transformation in culture, policy and practice in all formal and informal educational environments to accommodate the differing requirements and identities of individual students, together with a commitment to remove the barriers that impede that possibility". The difference between exclusion, segregation, integration and inclusion is highlighted. Core features of inclusive education are set out. These general comments take the form of an introduction, normative content, states parties’ obligations, relations with other provisions of the Convention and implementation at national level." 

UNCRPD: What is Article 12 and legal capacity?

MENTAL HEALTH EUROPE (MHE)
June 2016

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Article 12. of the UNCRPD wants to ensure that every person with disabilities including people with psychosocial disabilities may enjoy equal recognition before the law which requires legal capacity.

This short animated video seeks to explain what legal capacity is all about and recalls that everyone has the inherent right to make their own choices including people with psychosocial disabilities. 

The Employment Equality Directive - European implementation assessment

TYMOKSKI, Jan
February 2016

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"The adoption of the Employment Equality Directive in 2000 extended the protection against discrimination provided under EU law. By explicitly obliging the Member States to prohibit discrimination in employment on the grounds of religion or belief, age, disability and sexual orientation, the general principles set out in the Treaties became more effective, and some minimum standards are now common throughout Europe. At the same time, specific exceptions with regard to all or only some of those grounds permit the continuation of certain measures that were already in place in most countries, which has led to different national practices, especially with regard to age. Additional provisions on horizontal issues such as access to justice and sanctions, dissemination of information and necessary dialogue, left the details to be established by Member States according to their laws and customs. This analysis builds on the available documents and expertise in order to facilitate the debate on the implementation of the Employment Equality Directive to date and on how best to follow it up" 

DOI: 10.2861/178997

 

EU implementation of the UN Convention on the Rights of Persons with Disabilities (CRPD)

ANGLMAYER, Irmgard
February 2016

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"This in-depth analysis, produced by the Ex-Post Impact Assessment Unit of the European Parliamentary Research Service (EPRS), looks into the state of play of the implementation by the European Union of the UN Convention on the Rights of Persons with Disabilities (UN CRPD), after the first round of the review process. The Convention's overarching principles entail mainstreaming of disability rights across all policies and within all institutions. This paper analyses the institutional arrangements required to monitor the implementation process, and subsequently puts the recommendations of the CRPD Committee ('Concluding Observations') into a broader context, outlining the progress made so far and the challenges ahead"

DOI: 10.2861/831248

Reasonable accommodation for disabled people in employment. A legal analysis of the situation in EU Member States, Iceland, Liechtenstein and Norway

FERRI, Delia
LAWSON, Anna
2016

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This report focuses on reasonable accommodation duties for disabled people in employment. It also addresses the link between reasonable accommodation and accessibility and considers other legal requirements that may be used to enhance the accessibility of workplaces. Legal developments at UN and EU level are examined, together with developments in 31 countries (the 28 EU Member States, Iceland, Liechtenstein and Norway).  This study is derived primarily from a series of country specific reports compiled by the national expert members of the European network of legal experts in gender equality and non-discrimination. Two legal instruments are used to provide the evaluative framework for this study – the United Nations Convention on the Rights of Persons with Disabilities (CRPD) and the Employment Equality Directive. The meaning of ‘disability’, for purposes of the Employment Equality Directive, has been the subject of numerous Court of Justice (CJEU) decisions. Inconsistency and lack of clarity are discussed and recommendations are proposed. An annex of country specific information is provided

Guidance on victim assistance reporting

2016

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In addition to a brief overview of victim assistance in the context of international humanitarian and human rights law, the Guidance on Victim Assistance Reporting is presented in two main parts: an overview of reporting obligations under the Anti-Personnel Mine Ban Convention, the CCM, and Protocol V to the CCW, and available guidance on these obligations; and, the introduction of a consistent approach to comprehensive victim assistance reporting. To support this approach, the Guidance on Victim Assistance Reporting includes in its Annexes a detailed questionnaire which is intended to provide guidance to States on the collection of relevant information to enhance their reporting, and sample reports using the questionnaire as a guide.

The Guidance was developed in consultation with key stakeholders, including members of the Victim Assistance Committee, victim assistance coordinators for the CCM and Protocol V to the CCW, as well as relevant United Nations and other international agencies, NGOs and disability actors

Violence against children with disabilities : legislation, policies and programmes in the EU

EQUALITY AND DIVERSITY FORUM (EDF)
December 2015

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This report "outlines relevant international and European standards and reviews national legislation and policies addressing violence against children with disabilities. The report also explores the extent and different causes, settings and forms of such violence, and presents measures and initiatives to prevent it”

Available in easy-read version from the web link provided

Road safety : focus on vulnerable users

HANDICAP INTERNATIONAL
November 2015

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This advocacy briefing paper shows the challenges to implementing road safety, the benefits of safe roads for communities, the international legal framework that discusses road safety in policy, suggestions for what individual actors can do to increase mobility and vehicle safety, and finally how to measure the progress of road safety programmes

 

Policy paper

Thematic study on the rights of persons with disabilities under article 11 of the Convention on the Rights of Persons with Disabilities, on situations of risk and humanitarian emergencies

OFFICE OF THE UNITED NATIONS HIGH COMMISSIONER FOR HUMAN RIGHTS (UN OHCHR)
November 2015

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This study sets out the standards concerning the human rights of persons with disabilities in situations of risk and humanitarian emergencies, and presents a harmonized understanding of existing international humanitarian law under article 11 of the Convention on the Rights of Persons with Disabilities. The aim of the study is to clarify the scope of the Convention in the context of ongoing global discussion relating to disasters and humanitarian emergencies, to identify good practices, and to make recommendations

Disability inclusion in the voter registration process : the challenges, lessons learned and good practices : a pathway of disability inclusion in political rights

CAMBODIAN DISABLED PEOPLE’S ORGANIZATION
August 2015

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“This research report represents the importance of barriers and good practices of disability inclusion in the voter registration process in Cambodia. It outlines a pathway in which government and civil society can work together to break down the barriers faced by persons with disability in their access to voter registration”

A report about the rights of people with disabilities around the world

OFFICE OF THE HIGH COMMISSIONER FOR HUMAN RIGHTS (OHCHR)
August 2015

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This is an easy read version of the 'Report of the Special Rapporteur on the rights of persons with disabilities' about social protection. "Social protection helps governments make sure everyone can live well. Social protection is things that give everyone the same chances in life. For example: having enough food, basic healthcare, going to school, and money to help pay for the things you need if you cannot work or earn enough. The report says what this means for people with disabilities"

Note: the full report is available below as a related record

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