7. The legal and policy framework for disability inclusion in EC Development cooperation
This section provides guiding references to the essential legal and political documents which support, justify and provide the foundation for action to advance the inclusion of persons with disabilities within development projects/programmes of the EC. The texts mentioned below are directly applicable to the European Institutions. For each of the texts quoted you will find:
- the key message of the text
- how and in which context the text can be used to support disability inclusion
- the electronic source for the text.
1 - the European Framework
EU Treaties
The EU Treaty (Article 6 (ex Article F) and Article 181 bis) sets down human rights as a transversal objective of all of the EU's external activities as well as its internal activities. Article 13 of the EC Treaty provides that the EC may, subject to a unanimous decision of the Council, act to combat discrimination based on disability among other grounds.
Guidance Note on Disability and Development (2004)
- Key message: The Millennium Development Goals cannot be achieved without taking into consideration and empowering persons with disabilities.
- How to use it: For any project/programme related to poverty reduction and the achievement of MDGs
- Source: http://ec.europa.eu/development/body/publications/docs/Disability_en.pdf
The Development Cooperation Instrument (DCI) (18.12.2006)
- Key message: The Regulation calls for involvement of all sections of society, including persons with disabilities and requires the ECs financial support for measures which increase access to and provision of health services for persons with disabilities. It also supports actions on universal primary education by 2015, and, actions to fight against poverty, inequality, exclusion of disadvantaged and marginalised groups.
- How to use it: For any project/programme related to poverty reduction/the achievement of MDGs.
- Source: http://europa.eu/scadplus/leg/en/lvb/l14173.htm
The Joint Africa-EU Strategy and Action Plans (Signed December 2007- Launch Action Plans 2008)
- Key message: The strategy and actions plans include disability in the health and education sector in particular. The Action Plan on the MDGs has specific objectives on achieving access to education and access to healthcare and rehabilitation for persons with disabilities.
- How to use it: For any project /programme related to poverty reduction and the achievement of MDGs in Africa.
- Source:http://www.eu2007.pt/NR/rdonlyres/D449546C-BF42-4CB3-B566-407591845C43/0/071206jsapenlogos_formatado.pdf
The Investing in People - Strategy Paper for the Thematic Programme 2007 - 2013
- Key message: The perspective of persons with disabilities is considered as a cross cutting issue in the four main areas: good health for all, education knowledge and skills, gender equality, other areas.
- How to use it: For any Human and Social Development project /programme
- Source: http://ec.europa.eu/development/Policies/9Interventionareas/HumanDev_en.cfm
EC Regulation on establishing a financing instrument for the promotion of democracy and human rights worldwide
- Key message: Provides explicit language in support of advancing the human rights of persons with disabilities in EC human rights activities across the world (reference Article 2 (Scope) which includes a specific clause on the Rights of Persons with Disabilities (Article 2.1(b)(vii)).
- How to use is: For any Human Rights initiatives including capacity building of organisations of persons with disabilities
- Source: Regulation (EC) No 1905/2006of the European Parlimanet and the Council of 18 December 2006. http://eur-lex.europa.eu/lex/LexUriServ/LexUriServ.do?uri=OJ:L:2006:378:0041:0071:EN:PDF
The European Instrument for Democracy and Human Rights (EIDHR) 2007-2010: the Strategy Paper
This strategy document complements the geographical and thematic programmes of the EC, providing support at national, regional and international level, outside Europe.
- Key message Promotes the mainstreaming of the rights of people with disabilities and gives specific capacity building support to disability NGOs working on human rights and political participation and representation.
- How to use it: For any Human Rights project /programme
- Source: http://ec.europa.eu/europeaid/where/worldwide/eidhr/index_en.htm
European Parliament Resolution on Disability and Development (2006)
This resolution was adopted by the European Parliament Plenary in January 2006.
- Key message: the European Parliament calls for disability issues to be reflected in the ECs development policies and programmes and requests that disability issues must be mainstreamed at all levels from policy development to evaluation.
- How to use it: For any development project /programme
- Source: P6_TA-PROV(2006)0033 - 19 January 2006
- http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//TEXT+TA+P6-TA-2006-0033+0+DOC+XML+V0//EN
Communication from the Commission: 'A special place for children in external action' and Annex 'Children in Emergency and Crisis Situations'
- Key message: In the communication it is recognized that there are children who are at particular risk and who require special attention, including children with disabilities. The Working Paper 'Children in Emergency and Conflict Situations' an analysis is made of the particular vulnerability of children with disabilities in conflict and emergencies and their inclusion in the response strategy is emphasized in particular for education in emergencies.
- How to use it: for all external actions concerning children.
- Source: http://eur-lex.europa.eu/LexUriServ/LexUriServ.do?uri=COM:2008:0055:FIN:EN:PDF
EU-ACP Joint Parliamentary Resolution on Persons with Disabilities (1) (2.4.2002)
- Key message: Within all development initiatives, the principles of equalization of opportunities and the full and equal participation of persons with disabilities in society should be promoted.
- How to use it: For any development programme in the Africa Caribbean Pacific region
- Source http://www.iddc.org.uk/dis_dev/mainstreaming/acp_rights.doc
ACP-EU JPA website: http://www.europarl.europa.eu/intcoop/acp/10_01/default_en.htm
Part 2 - The International Framework
Two essential texts which are recognized by the European Union and which establish the international framework for disability rights and disability inclusion are: the UN Standard Rules on the Equalization of Opportunities for Persons with Disabilities (2) (1993) and the recently adopted UN Convention on the Rights of Persons with Disabilities (UNCRPD) adopted on 13 December 2006 (3) and signed in March 2007 by the European Communities.
- Key message of the UNCRPD: All persons with all types of disabilities/impairments enjoy all human rights and fundamental freedoms. It identifies areas where adaptations have to be made for persons with disabilities to effectively exercise their rights.
- How to use it: Depending on programmes and their focus, one (or more) of the eight guiding principles underlying the UNCRPD can be utilized to ensure the inclusion of persons with disabilities. Article 32 specifically demands the inclusion of persons with disabilities in International Cooperation, and Article 11 in Situations of Risk and Humanitarian Disasters. If the partner country has signed the UNCRPD, this is an excellent basis for encouraging governments to put disability inclusion into practice.
Countries that have not yet ratified the UNCRPD are equally under an obligation to ensure the full and effective enjoyment of all human rights for all persons, including persons with disabilities. Stemming from the various anti-discrimination provisions, most notably Article 2 CRPD, Member States need to adhere to human rights for all. - Source: UNCRPD http://www.un.org/disabilities/convention/conventionfull.shtml
UN Standard Rules http://www.un.org/esa/socdev/enable/dissre00.htm
(1) ACP-EU 3313/01/final and ACP-EU 3398/02/final - c_07820020402en00220083-ACP-JPA Resolution on Disability and Older People.pdf
(2) http://www.un.org/esa/socdev/enable/dissre00.htm
(3) http://www.un.org/disabilities/convention/conventionfull.shtml
