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

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evaluate EU legislation towards the requirements of the UN CRPD and consider thecompetence of the EU to act in the fields covered by the Convention. The latterconsideration (i.e. EU competence) will be important to define the type of measuresthat the EU would need to take in order to meet the requirements of the Convention.In conclusion, the EU is required to examine (within the areas of its competence)existing EU instruments in order to identify whether they are in line with the Conventionor may need to be adapted (as appropriate) in order to ensure that are consistent withwhat is required by the Convention.3.2.2 General Recommendations for States Parties to the UN CRPDStates Parties should undertake a comprehensive screening exercise to assesswhat measures have been taken, and should still be taken, to implement the rightsrecognised in the UN CRPD, including, legislative, administrative and other types ofmeasures. More specifically:• The screening exercise should include an assessment of:a. measures needed to modify or abolish existing laws, regulations, customsand practices that constitute discrimination against persons with disabilitiesb. measures to ensure that the protection and promotion of the human rights ofpersons with disabilities is reflected in all policies and programmes (acrossall relevant fields covered by the UN CRPD);c. measures to ensure that the State Party refrains from acts or practicesinconsistent with the UN CPRD;d. measures to ensure that public authorities and institutions act in conformitywith the UN CRPD;e. measures to eliminate discrimination on the basis of disability by any person,organisation or private enterprise;f. measures to implement economic, social and cultural rights; andg. whether persons with disabilities are actively involved in the development oflegislation and policies to implement the UN CRPD• The assessment should also address whether law prohibits disabilitydiscrimination (across all relevant fields, e.g., in employment, education, sport &recreation, health, voting) and whether remedies are available for infringements.• The screening exercise should also determine whether legislation includes orcould include provisions more conducive to the realisation of rights of personswith disabilities than those in the UN CRPD and should also include coverage -Page | 52
in relevant jurisdictions – of all parts of federal states without any limitations orexceptions.• Persons with disabilities, including children with disabilities, through theirrepresentative organisations, should be closely consulted and actively involvedin the process of the screening exercise.States Parties are required by Article 4(1)(f) UN CRPD to develop measures onuniversally designed goods, services, equipment and facilities and standards andguidelines to promote universal design.States Parties should also take measures to provide accessible information topersons with disabilities about their rights, forms of assistance available to them(Article 4(1)(h) UN CRPD), and legislation adopted or adapted to implement the UNCRPD.States Parties should, with the involvement of persons with disabilities and theirrepresentative organisations, establish programmes to promote training on the rightsrecognised in the UN CRPD for professionals and staff working with persons withdisabilities (Article 4(1)(i) UN CRPD).States Parties should closely consult with and actively involve persons with disabilities,including children with disabilities, through their representative organisations in thedevelopment and implementation of legislation and policy and other decision-makingprocesses concerning issues relating to persons with disabilities (Article 4(3) UNCRPD).3.3 Equality and Non-DiscriminationSection 3.3 presents the core elements and obligations for States Parties, derivingfrom Article 5 UN CRPD. The section also provides an overview of examples oflegislation from the EU and its Member States, and aims to provide generalrecommendations for future implementation.Detailed checklists, contained in Annex I of this report, accompany this analysis.3.3.1 Article 5 obligations and overview of existing practicesArticle 5 UN CRPD enumerates obligations relating to equality and nondiscrimination,107 including the obligation to provide reasonable accommodation.These obligations have general (horizontal) application across the UN CRPD.107 Apart from Article 5 UN CRPD, references to equality and non-discrimination are also included in theUN CRPD preambles, purpose (Article 1), and general principles (Article 3)Page | 53
Page 3 and 4: Project TeamDirectors of ResearchPr
Page 5 and 6: 3.5 General Accessibility .........
Page 7 and 8: List of AbbreviationsANEDCFICEDAWCR
Page 9 and 10: identified by this study. In additi
Page 11 and 12: Nonetheless, several challenges to
Page 13 and 14: • National Implementation and Mon
Page 15 and 16: the UN CRPD is unavoidable, they sh
Page 17 and 18: and facilities would reduce, or avo
Page 19 and 20: Structure of this report:This repor
Page 21 and 22: the Law of Treaties, 7 to identify
Page 23 and 24: specific context of disability. To
Page 25 and 26: The overall structure of the UN CRP
Page 27 and 28: the case of the UN CRPD), but also
Page 29 and 30: 300(7) TEC. 29 Article 300(7) TEC a
Page 31 and 32: . whether provisions of the agreeme
Page 33 and 34: . From the EU law perspective: the
Page 35 and 36: 1.3 EU declared competence in matte
Page 37 and 38: Directives 2004/17/EC 58 and Direct
Page 39 and 40: action; and (c) development coopera
Page 41 and 42: 2.0 The Paradigm Shift: A social mo
Page 43 and 44: As regards the European Union, even
Page 45 and 46: “moral compass”. 81 They are be
Page 47 and 48: Section 3.2 presents the core eleme
Page 49 and 50: developing and implementing legisla
Page 51: Both screening reports, prepared by
Page 55 and 56: discrimination against persons with
Page 57 and 58: elow, and aim to illustrate the dif
Page 59 and 60: which covers the welfare of employe
Page 61 and 62: have to take in order to change tha
Page 63 and 64: States Parties should establish an
Page 65 and 66: ecommended that the EU discusses wi
Page 67 and 68: 3.4.3 General Recommendations for S
Page 69 and 70: Article 9 also underscores the need
Page 71 and 72: uildings (Article 41); transportati
Page 73 and 74: However, LIONDAU is a national fram
Page 75 and 76: consider disability accessibility i
Page 77 and 78: The Regulation is a disability-spec
Page 79 and 80: the Inclusive Communications Group
Page 81 and 82: • existing legislation enables pe
Page 83 and 84: 4.0 Substantive ProvisionsArticles
Page 85 and 86: authority to supervise all services
Page 87 and 88: 4.1.2 General Recommendations for S
Page 89 and 90: institutionalised in a psychiatric
Page 91 and 92: the independence, autonomy and dign
Page 93 and 94: donation, buying or selling propert
Page 95 and 96: with disabilities are diverse, it i
Page 97 and 98: The following elements of the futur
Page 99 and 100: areas, may challenge the successful
Page 101 and 102: Consultation with key actors, espec
Page 103 and 104:
emphasises that persons with disabi
Page 105 and 106:
for domestic, social, educational a
Page 107 and 108:
supporting research for the develop
Page 109 and 110:
Similar VAT exemptions are also inc
Page 111 and 112:
support necessary for them to live
Page 113 and 114:
an interpreter in the hearing of is
Page 115 and 116:
instrument was listed in the Append
Page 117 and 118:
participate in the conduct of publi
Page 119 and 120:
Additionally, Section 190 of the Ac
Page 121 and 122:
States Parties should provide train
Page 123 and 124:
Article 24 UN CRPD also requires St
Page 125 and 126:
statutory assessment and compatibil
Page 127 and 128:
practice reveals that the discretio
Page 129 and 130:
4.5.2 General Recommendations for S
Page 131 and 132:
legislation in this field, and in p
Page 133 and 134:
Following the adoption of the Emplo
Page 135 and 136:
In addition, the obligation to acco
Page 137 and 138:
discrimination on the ground of dis
Page 139 and 140:
5.0 The Dynamic of ReformUnlike oth
Page 141 and 142:
The Central Statistics Office (here
Page 143 and 144:
ESSPROS core system are required to
Page 145 and 146:
Disability inclusive development re
Page 147 and 148:
European Commission Regulation 718/
Page 149 and 150:
some objectives that beneficiary co
Page 151 and 152:
disability dimension in the fields
Page 153 and 154:
order to positively contribute to t
Page 155 and 156:
pursuant to Article 33(2) UN CRPD.
Page 157 and 158:
the Federal Ministry of Labour, Soc
Page 159 and 160:
all Commissioners include disabilit
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• Systematic departmental monitor
Page 163 and 164:
DGs and Agency‟s organisational s
Page 165 and 166:
public policies. Covering a variety
Page 167 and 168:
actions/activities to promote the i
Page 169 and 170:
Promote the implementation of the U
Page 171 and 172:
that the funding provisions will no
Page 173 and 174:
• Reviewing regularly any reserva
Page 175 and 176:
Where Member States, or the EU, det
Page 177 and 178:
level and oversee screening and imp
Page 179 and 180:
organisations and other interested
Page 181 and 182:
• Promoting compliance with the U
Page 183 and 184:
6.3 Suggested practices for the imp
Page 185 and 186:
should not support any residential,
Page 187:
• students with disabilities in b
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