European Union disability policy

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The European Union policy for disabled people guarantees governmental responsibility for all disabled people in all of the EU's 27 member states. This policy operates in the framework of the subsidiarity principle: if possible, one should improve at the national level, though in principle the EU will refrain from setting hefty laws in this area. Through the activities of the Council of Europe and the United Nations, the EU disability policy has since been in effect in many EU countries for years.

Contents

Background

During World War I, the disability protection system in Europe covered only war veterans and soldiers, based on the conviction that people are owed this protection when they have sacrificed for their country. This principle is also referred to in terms of a Quid pro quo duty, as the soldiers should receive something in exchange for their service.

After World War II, attitudes changed towards disability, in part because of the millions of people injured in its aftermath. Furthermore, there existed a high level of unemployment among disabled people throughout Europe. Therefore, after 1945, European states responded to this situation by forcing employers to recruit disabled veterans and this policy was later extended to cover disabled civilians.

European legislation for disabled people

From the beginning of the European Community (EC), the process of lawmaking within the union was subject to the conventions and declarations of the United Nations. Eventually, the EC made its own laws regarding disabled people before transitioning into the European Union (EU) in the early 1990s. Below is a timeline of legislation regarding disabled people established by the EU, or through its predecessor bodies, split into two periods, from 1945 to 1992 and from 1992-present. The first period guaranteed broad rights to persons with disabilities and non-disabled people alike, though during the second period, treaties and policies came into force which specifically focused on the rights of disabled people.

1945-1992

1992-present

The Maastricht Treaty formally established the European Union in 1992 as the successor of the European Community.

European Year of People with Disabilities

The EU established the year 2003 as the European Year of People with Disabilities. Following the success of this event, the European Commission introduced the Equal opportunities for people with disabilities: a European action plan for the years 2004-2010. It aimed to develop a sustainable-operational approach to the case for disabled people in the extended Europe, finding out and protecting the rights of disabled people. [12]

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<i>Acquis communautaire</i> EUs accumulated law and legal precedent

The Community acquis or acquis communautaire, sometimes called the EU acquis and often shortened to acquis, is the accumulated legislation, legal acts and court decisions that constitute the body of European Union law that came into being since 1993. The term is French: acquis meaning "that which has been acquired or obtained", and communautaire meaning "of the community".

<span class="mw-page-title-main">Council of the European Union</span> Institution of the European Union

The Council of the European Union, often referred to in the treaties and other official documents simply as the Council, and informally known as the Council of Ministers, is the third of the seven Institutions of the European Union (EU) as listed in the Treaty on European Union. It is one of two legislative bodies and together with the European Parliament serves to amend and approve or veto the proposals of the European Commission, which holds the right of initiative.

<span class="mw-page-title-main">European Union</span> Supranational political and economic union of 27 states

The European Union (EU) is a supranational political and economic union of 27 member states that are located primarily in Europe. The Union has a total area of 4,233,255 km2 (1,634,469 sq mi) and an estimated total population of over 448 million. The EU has often been described as a sui generis political entity combining the characteristics of both a federation and a confederation.

<span class="mw-page-title-main">Schengen Agreement</span> European Union treaty on internal border controls

The Schengen Agreement is a treaty which led to the creation of Europe's Schengen Area, in which internal border checks have largely been abolished. It was signed on 14 June 1985, near the town of Schengen, Luxembourg, by five of the ten member states of the then European Economic Community. It proposed measures intended to gradually abolish border checks at the signatories' common borders, including reduced-speed vehicle checks which allowed vehicles to cross borders without stopping, allowing residents in border areas freedom to cross borders away from fixed checkpoints, and the harmonisation of visa policies.

Self-employment is the state of working for oneself rather than an employer. Tax authorities will generally view a person as self-employed if the person chooses to be recognised as such or if the person is generating income for which a tax return needs to be filed. In the real world, the critical issue for tax authorities is not whether a person is engaged in business activity but whether the activity is profitable and therefore potentially taxable. In other words, the trading is likely to be ignored if there is no profit, so occasional and hobby- or enthusiast-based economic activity is generally ignored by tax authorities. Self-employed people are usually classified as a sole proprietor, independent contractor, or as a member of a partnership.

<span class="mw-page-title-main">European Social Charter</span> 1961 Council of Europe treaty

The European Social Charter is a Council of Europe treaty which was opened for signature on 18 October 1961 and initially became effective on 26 February 1965, after West Germany had become the fifth of the 13 signing nations to ratify it. By 1991, 20 nations had ratified it.

<span class="mw-page-title-main">European Union citizenship</span> Legal right conferred to citizens of EU member states

European Union citizenship is afforded to all nationals of member states of the European Union (EU). It was formally created with the adoption of the 1992 Maastricht Treaty, at the same time as the creation of the EU. EU citizenship is additional to, as it does not replace, national citizenship. It affords EU citizens with rights, freedoms and legal protections available under EU law.

<span class="mw-page-title-main">Anti-discrimination law</span> Legislation designed to prevent discrimination against particular groups of people

Anti-discrimination law or non-discrimination law refers to legislation designed to prevent discrimination against particular groups of people; these groups are often referred to as protected groups or protected classes. Anti-discrimination laws vary by jurisdiction with regard to the types of discrimination that are prohibited, and also the groups that are protected by that legislation. Commonly, these types of legislation are designed to prevent discrimination in employment, housing, education, and other areas of social life, such as public accommodations. Anti-discrimination law may include protections for groups based on sex, age, race, ethnicity, nationality, disability, mental illness or ability, sexual orientation, gender, gender identity/expression, sex characteristics, religion, creed, or individual political opinions.

<span class="mw-page-title-main">Disabled parking permit</span>

A disabled parking permit, also known as a disabled badge, disabled placard, handicapped permit, handicapped placard, handicapped tag, and "Blue Badge" in the European Union, is a permit that is displayed upon parking a vehicle. It gives the operator of a vehicle permission to special privileges regarding the parking of that vehicle. These privileges include parking in a space reserved for persons with disabilities, or, in some situations, permission to park in a time-limited space for a longer time, or to park at a meter without payment.

United Kingdom employment equality law is a body of law which legislates against prejudice-based actions in the workplace. As an integral part of UK labour law it is unlawful to discriminate against a person because they have one of the "protected characteristics", which are, age, disability, gender reassignment, marriage and civil partnership, race, religion or belief, sex, pregnancy and maternity, and sexual orientation. The primary legislation is the Equality Act 2010, which outlaws discrimination in access to education, public services, private goods and services, transport or premises in addition to employment. This follows three major European Union Directives, and is supplement by other Acts like the Protection from Harassment Act 1997. Furthermore, discrimination on the grounds of work status, as a part-time worker, fixed term employee, agency worker or union membership is banned as a result of a combination of statutory instruments and the Trade Union and Labour Relations (Consolidation) Act 1992, again following European law. Disputes are typically resolved in the workplace in consultation with an employer or trade union, or with advice from a solicitor, ACAS or the Citizens Advice Bureau a claim may be brought in an employment tribunal. The Equality Act 2006 established the Equality and Human Rights Commission, a body designed to strengthen enforcement of equality laws.

<span class="mw-page-title-main">Treaty on the Functioning of the European Union</span> 1957 treaty of the European Union

The Treaty on the Functioning of the European Union (TFEU) is one of two treaties forming the constitutional basis of the European Union (EU), the other being the Treaty on European Union (TEU). It was previously known as the Treaty Establishing the European Community (TEC).

<span class="mw-page-title-main">Convention on the Rights of Persons with Disabilities</span> Treaty of the United Nations

The Convention on the Rights of Persons with Disabilities is an international human rights treaty of the United Nations intended to protect the rights and dignity of persons with disabilities. Parties to the convention are required to promote, protect, and ensure the full enjoyment of human rights by persons with disabilities and ensure that persons with disabilities enjoy full equality under the law. The Convention serves as a major catalyst in the global disability rights movement enabling a shift from viewing persons with disabilities as objects of charity, medical treatment and social protection towards viewing them as full and equal members of society, with human rights. The convention was the first U.N. human rights treaty of the twenty-first century.

European labour law regulates basic transnational standards of employment and partnership at work in the European Union and countries adhering to the European Convention on Human Rights. In setting regulatory floors to competition for job-creating investment within the Union, and in promoting a degree of employee consultation in the workplace, European labour law is viewed as a pillar of the "European social model". Despite wide variation in employment protection and related welfare provision between member states, a contrast is typically drawn with conditions in the United States.

<span class="mw-page-title-main">Area of freedom, security and justice</span> EUs home affairs and justice policies

The area of freedom, security and justice (AFSJ) of the European Union (EU) is a policy domain concerning home affairs and migration, justice as well as fundamental rights, developed to address the challenges posed to internal security by collateral effects of the free movement of people and goods in the absence of border controls or customs inspection throughout the Schengen Area, as well as to safeguard adherence to the common European values through ensuring that the fundamental rights of people are respected across the EU.

The general principles of European Union law are general principles of law which are applied by the European Court of Justice and the national courts of the member states when determining the lawfulness of legislative and administrative measures within the European Union. General principles of European Union law may be derived from common legal principles in the various EU member states, or general principles found in international law or European Union law. General principles of law should be distinguished from rules of law as principles are more general and open-ended in the sense that they need to be honed to be applied to specific cases with correct results.

<span class="mw-page-title-main">Treaties of the European Union</span>

The Treaties of the European Union are a set of international treaties between the European Union (EU) member states which sets out the EU's constitutional basis. They establish the various EU institutions together with their remit, procedures and objectives. The EU can only act within the competences granted to it through these treaties and amendment to the treaties requires the agreement and ratification of every single signatory.

According to a 2012 survey by Statistics Canada, around 3.8 million adult Canadians reported being "limited in their daily activities due to a disability". This represented 13.7% of the adult population. The three most-prevalent forms of disability in Canada are chronic pain issues, mobility, and flexibility limitations. Around 11% of Canadian adults experience one of these disability types, and 40% of those people have had all three at the same time. Disabled people in Canada have historically experienced many forms of discrimination and abuse, such as segregation, institutionalization, and compulsory sterilization. They were not given the same rights as non-disabled people until the end of the 1970s, when the Coalition of Provincial Organizations of the Handicapped initiated significant changes. Legislation intended to protect disabled Canadians include the Charter of Rights and Freedoms, the Canadian Human Rights Act, and the Employment Equity Act.

<span class="mw-page-title-main">Disability in Luxembourg</span>

People with disability in Luxembourg have some legal protections from discrimination and their needs can be provided through various government policies. Students with disabilities have a fairly good rate of completing school compared to peers without a disability. Luxembourg signed onto the Convention on the Rights of Persons with Disabilities on March 30, 2007. Much of the country is accessible, however, there are no legal provisions for reasonable accommodations.

References

  1. "EUR-Lex - Official Journal of the European Union". Eur-lex.europa.eu. 1 July 2013. Retrieved 31 July 2017.
  2. "European Convention on Human Rights" (PDF). Echr.coe.int. Retrieved 31 July 2017.
  3. 1 2 "EUR-Lex - Official Journal of the European Union". Eur-lex.europa.eu. 1 July 2013. Retrieved 31 July 2017.
  4. "EUR-Lex - Official Journal of the European Union". Eur-lex.europa.eu. 1 July 2013. Retrieved 31 July 2017.
  5. "EUR-Lex - Official Journal of the European Union". Eur-lex.europa.eu. 1 July 2013. Retrieved 31 July 2017.
  6. "The European Social Charter". Coe.int. Retrieved 31 July 2017.
  7. "TREATY OF AMSTERDAM AMENDING THE TREATY ON EUROPEAN UNION, THE TREATIES ESTABLISHING THE EUROPEAN COMMUNITIES AND CERTAIN RELATED ACTS" (PDF). Europarl.europa.eu. Retrieved 31 July 2017.
  8. "CHARTER OF FUNDAMENTAL RIGHTS OF THE EUROPEAN UNION" (PDF). Europarl.europa.eu. Retrieved 31 July 2017.
  9. "EUR-Lex - Official Journal of the European Union". Eur-lex.europa.eu. 1 July 2013. Retrieved 31 July 2017.
  10. "Equality Act 2010". Legislation.gov.uk. Retrieved 31 July 2017.
  11. "EUR-Lex - Official Journal of the European Union". Eur-lex.europa.eu. 1 July 2013. Retrieved 31 July 2017.
  12. "EUR-Lex - Official Journal of the European Union". Eur-lex.europa.eu. 1 July 2013. Retrieved 31 July 2017.