Study on "Challenges and good practices in the implementation of ...

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Project TeamDirectors of ResearchProf. Gerard QuinnCentre for Disability Law and Policy, NationalUniversity of Ireland, GalwayProf. Lisa WaddingtonMaastricht University, Faculty of LawScientific SupervisionStefan Tromel SturmerEuropean Disability ForumAcademic/Policy Reference PanelProf. Oddný Mjöll ArnardóttirUniversity of ReykjavikProf. Catherine BarnardUniversity of Cambridge, Faculty of LawProf. Jerome E. BickenbachSwiss Paraplegic Research (SPF), Nottwil,Switzerland, Department of Philosophy, Queen‟sUniversity, Kingston (Ontario), CanadaProf. Peter BlanckGlobal Partnership on Development and DisabilityDr. Agustina PalaciosInstitute of Human Rights, University Carlos III ofMadridCivil Society PanelEuropean Disability ForumEuropean Association of Service Providers forPersons with DisabilitiesProject ManagementResearchersDr. avv. Delia FerriIndependent Researcher on European CommunityLawProf. Janet E. LordUniversity of Maryland School of Law and BlueLawInternational LLPKaren WalshCentre for Disability Law and Policy, NationalUniversity of Ireland, GalwayProf. Theresia DegenerProtestant University of Applied Science, Bochum,GermanyRune HalvorsenNOVA Norwegian Social ResearchBjørn HvindenNOVA Norwegian Social ResearchProf. Rosemary KayessUniversity of New South Wales, School of LawProf. Rachel MurrayUniversity of Bristol, School of LawProf. Michael SteinHarvard Law School Project on Disability and Prof.,William & Mary School of LawInclusion EuropeMental Disability Advocacy CentreMarilena VranaEuropean Foundation Centre, European Consortium of Foundations on Human Rights and DisabilitiesAcknowledgments:In addition to the project team whose input was the genesis of many insights into this report, the EFCwould like to thank in particular the Atlantic Philanthropies and the following organisations andprofessionals for their additional support to this project.Academic Network of European Disability ExpertsEuropean Network of Legal Experts in the Non-Discrimination FieldAisling de Paor and Róisín NicGhruagáinCentre for Disability Law and Policy of the NationalUniversity of Ireland, GalwayDr. avv. Mel J. MarquisAdjunct Professor of Economic Law and ResearchFellow, University of VeronaAvv. Francesca SegnaIndependent Researcher on EC LawDr. Francisco BariffiMember of the UN CRPD Experts Commission ofthe Royal "Patronato" on Disability in SpainFinally, a special note of thanks to Ana Mohedano Escobar for her management of the study during theinitial implementation period.Page | iii
Page 4 and 5: Table of ContentsProject Team .....
Page 6 and 7: 5.5.3 A framework to promote, prote
Page 8 and 9: EXECUTIVE SUMMARYThe „Stu
Page 10 and 11: of disability specific training for
Page 12 and 13: • Lack of Training: research for
Page 14 and 15: consider the development of a Europ
Page 16 and 17: and national governmental instituti
Page 18 and 19: • The EU and its Member States sh
Page 20 and 21: and therefore their application is
Page 22 and 23: 1.0 IntroductionSection 1 is an int
Page 24 and 25: Ireland 30/03/2007 No No NoItaly 30
Page 26 and 27: procedure, all of which are oversee
Page 28 and 29: Convention. 26 Treaty bodies are in
Page 30 and 31: secondary law. 36 It can therefore
Page 32 and 33: evaluate the responsibility of the
Page 34 and 35: ensure fulfilment of the obligation
Page 36 and 37: the Council decided to use only Art
Page 38 and 39: In addition, the Decision lists, in
Page 40 and 41: Right againstViolence, Exploitation
Page 42 and 43: its provisions, including its refle
Page 44 and 45: 3.0 Articles of General and cross-c
Page 46 and 47: The principle of „equality of opp
Page 48 and 49: The obligation to modify and abolis
Page 50 and 51: to help the investigator, and the s
Page 52 and 53:
evaluate EU legislation towards the
Page 54 and 55:
Therefore, Article 5 UN CRPD should
Page 56 and 57:
open-format and ensure that accessi
Page 58 and 59:
unreasonable burden. 127 In additio
Page 60 and 61:
standards of necessary reasonable a
Page 62 and 63:
Commission proposal for a new Counc
Page 64 and 65:
preamble and Articles 8, 16, 25 and
Page 66 and 67:
illnesses. 156 As is evident, the d
Page 68 and 69:
Section 3.5 provides an overview of
Page 70 and 71:
communications, 165 including infor
Page 72 and 73:
new buildings hosting public servic
Page 74 and 75:
as set forth in Article 9 of the UN
Page 76 and 77:
individual approval for a new vehic
Page 78 and 79:
still needs to be improved in order
Page 80 and 81:
subsequent dismantling of physical
Page 82 and 83:
dismantling of physical barriers, a
Page 84 and 85:
to life). Accordingly, they should
Page 86 and 87:
psychosocial disabilities were visi
Page 88 and 89:
persons with disabilities, particul
Page 90 and 91:
instrument was listed in the Append
Page 92 and 93:
context of social barriers is cruci
Page 94 and 95:
people require no support in making
Page 96 and 97:
According to Article 200 of the Spa
Page 98 and 99:
the law may lack sufficient safegua
Page 100 and 101:
elation to article 16 of the ICCPR
Page 102 and 103:
persons with disabilities to acquir
Page 104 and 105:
impaired persons) live in instituti
Page 106 and 107:
elated to the functioning of the in
Page 108 and 109:
Another instrument related to indep
Page 110 and 111:
the Directives appear to encourage
Page 112 and 113:
techniques, adaptations to the phys
Page 114 and 115:
It should further be noted that in
Page 116 and 117:
access measures for persons who use
Page 118 and 119:
Greek citizen, who has the right to
Page 120 and 121:
c. To consider all matters addresse
Page 122 and 123:
achieving its objectives. However,
Page 124 and 125:
to the effective implementation of
Page 126 and 127:
his/her congenital or acquired impa
Page 128 and 129:
Finally, with regard to the Europea
Page 130 and 131:
sectors and levels of employment. T
Page 132 and 133:
ecognise that the provision of reas
Page 134 and 135:
Furthermore, Article 16 of the Law
Page 136 and 137:
of women with disabilities, nor doe
Page 138 and 139:
Employment strategies should be adv
Page 140 and 141:
Article 31(2) UN CRPD requires disa
Page 142 and 143:
statistics and data to be compiled
Page 144 and 145:
• comply with legally established
Page 146 and 147:
In Germany, the German Federal Mini
Page 148 and 149:
Candidate countries are therefore p
Page 150 and 151:
are of particular importance to the
Page 152 and 153:
States Parties should, in their int
Page 154 and 155:
framework needs to be given an adeq
Page 156 and 157:
presented in Annex II of this repor
Page 158 and 159:
e. How can Article 33(3) UN CRPD be
Page 160 and 161:
• as the Secretariat-General has
Page 162 and 163:
is responsible for the overall mana
Page 164 and 165:
the „coordination mechanism‟ be
Page 166 and 167:
The EU Fundamental Rights Agency (F
Page 168 and 169:
whether a provision in the UN CRPD
Page 170 and 171:
takes into account the rights of pe
Page 172 and 173:
• Regular communication with EU b
Page 174 and 175:
6.0 Final recommendations for polic
Page 176 and 177:
informed. Translation should be a h
Page 178 and 179:
• the existence of national bodie
Page 180 and 181:
participate in the national impleme
Page 182 and 183:
26. The EU and Member States should
Page 184 and 185:
33. Equality legislation should for
Page 186 and 187:
Finally, Member States legislation
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