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The1997 Treaty of Amsterdam introduced an express basis for EU legislation to combat disability discrimination. The Amsterdam Treaty inserted what is now Article 13 into the Treaty establishing the European Community with effect from 1999. Article 13 reads:
Without prejudice to the other provisions of this Treaty and within the limits of the powers conferred by it upon the Community, the Council, acting unanimously on a proposal from the Commission and after consulting the European Parliament, may take appropriate action to combat discrimination based on sex, racial or ethnic origin, religion or belief, disability, age or sexual orientation.
Article 13 does not prohibit discrimination. However it provides authority for the Community to pass legislation to combat discrimination, in areas where the Community has competence. The Community has used Article 13 to pass the Framework Employment Directive, which is currently the key measure obliging member states to enact anti-discrimination legislation for disabled people. Article 13 may also have the effect of encouraging disability to be taken into account in directives and other measures introduced under different provisions of the Treaty.
There is also a non-binding declaration attached to Article 95 of the Treaty: "The conference agrees that in drawing up measures under Article 95, the institutions of the Community shall take account of the needs of persons with a disability".
Further, the European Court of Justice generally has regard to certain principles such as equality and fundamental rights in interpreting Community law. In the past these have not been applied to combat disability discrimination. The new Article 13 may encourage the Court to use the principles in this area.
This is based on Article 13 of the Treaty. It requires member states to pass legislation outlawing discrimination on various grounds including disability in the areas of employment, self-employment, and 'occupation'. The directive covers both direct and indirect discrimination, and includes a requirement to make reasonable accommodation for disabled people.
The UK has amended the DDA to make it comply with the directive, at least in the government's view. However, the terms of the directive can still be an important influence on how UK employment tribunals apply the DDA. More on Framework Employment Directive...
The Framework Employment Directive (above) only covers employment and related areas. Disability groups have been campaigning for some years for the introduction of more comprehensive disability discrimination legislation, covering such things as access to goods and services. In the UK, the DDA already includes services and education for example, going well beyond the Framework Employment Directive. However, legislation in many other European countries does not.
The European Disability Forum (EDF) has signed up well over 1 million people to its petition to introduce EU-wide disability legislation. You can add your signature to the online petition at www.1million4disability.eu. The EDF website also includes a Position Paper on the need for a new disability directive.
It does now appear that the European Commission will propose a directive which goes beyond employment. The Commission's 'Legislative and Work Programme 2008' includes a Proposal for a Directive implementing the principle of equal treatment outside employment. The Commission comments that "it is necessary to ensure certain coherence throughout Europe in this field". Lack of uniform protection can affect people's choices on whether to work or study in another Member State, or whether to travel there and access services; and many businesses believe it matters if there are different levels of protection between the EU Member States against discrimination in access to goods, services and housing.
http://ec.europa.eu/atwork/programmes/docs/clwp2008_en.pdf (page 25-26)
Incidentally, the revised European Social Charter, ratified by some member states (though not the UK), has been interpreted as requiring the existence of non-discrimination (or similar) legislation in fields such as housing, transport, telecommunications, cultural and leisure activities.
The Charter of Fundamental Rights of the European Union was proclaimed (adopted) at the Nice summit on 7th December, 2000. Full text of the Charter of Fundamental Rights (link to Europarl website), and Q&A Charter of Fundamental Rights (link to BBC News website).
At least before the Lisbon Treaty (below) comes into force, the Charter is not legally binding. However, the European Court of Justice may well refer to it as an aid to interpretation. The Charter is directed at the institutions and bodies of the Union and to the Member States only when they are implementing Union law (Article 51).
There are two provisions expressly impacting on disabled people. Firstly Article 21 probibits discrimination on any ground including disability. Secondly, in Article 26: "The Union recognises and respects the right of persons with disabilities to benefit from measures designed to ensure their independence, social and occupational integration and participation in the life of the community."
The Lisbon Treaty, signed in December 2007 but not yet in force, will refer to the Charter, making it legally binding. The UK has secured a written guarantee that the Charter cannot be used by the European Court to alter British labour law, or other laws that deal with social rights. However, experts are divided on how effective this will be (Q&A: The Lisbon Treaty (link to BBC News website)).
The four core themes are:
- Rights - raising awareness of the right to equality and non-discrimination
- Representation - stimulating a debate on ways to increase the participation of under-represented groups in society
- Recognition - celebrating and accommodating diversity
- Respect and tolerance - promoting a more cohesive society.
For more: equality2007.europa.eu.
To conicide with the launch of the year, there is an annual, high level 'Equality Summit' involving Ministers, heads of national Equality Bodies, Presidents of European-level NGOs and others. The first summit was held in January 2007.
The Council of Europe is distinct from the European Union. It is responsible for the European Convention on Human Rights and European Social Charter.
There are other EU measures aimed at combatting discrimination, including disability discrimination. For example, there is
See also under Further information below.
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© Allan Tyrer 2000-2007
Last updated 2rd December, 2007
