Activities of Monika VANA related to 2023/0311(COD)
Shadow opinions (1)
OPINION on the proposal for a directive of the European Parliament and of the Council establishing the European Disability Card and the European Parking Card for persons with disabilities
Amendments (30)
Amendment 2 #
Proposal for a directive
Recital 3 a (new)
Recital 3 a (new)
(3 a) Whereas Gender equality is a value of the Union enshrined in Article 2 TEU, and in Article 8 TFEU it is stated that in all its activities the Union shall aim to eliminate inequalities, establishing the principle of gender mainstreaming and gender equality; whereas The European Union has ratified the Istanbul Convention on preventing and combating violence against women and domestic violence, and therefore, the protection and support provided under the Istanbul Convention must be available to any woman without discrimination, regardless of any disability;
Amendment 2 #
Proposal for a directive
Recital 3 a (new)
Recital 3 a (new)
(3 a) Whereas Gender equality is a value of the Union enshrined in Article 2 TEU, and in Article 8 TFEU it is stated that in all its activities the Union shall aim to eliminate inequalities, establishing the principle of gender mainstreaming and gender equality; whereas The European Union has ratified the Istanbul Convention on preventing and combating violence against women and domestic violence, and therefore, the protection and support provided under the Istanbul Convention must be available to any woman without discrimination, regardless of any disability;
Amendment 3 #
Proposal for a directive
Recital 3 b (new)
Recital 3 b (new)
(3 b) The equality and non- discrimination mandate contained in Article 5 of the CRPD is relevant, as the European Disability Card is meant to accelerate the equality of persons with disabilities through their mutual recognition within the EU. There is a need to approach mobility and free movement in a gender sensitive way so that this legislation contributes to recognising the rights of women and girls with disabilities, mothers and caregivers of persons with disabilities and adopting an intersectional approach in protecting them from discrimination. It is imperative to recognize that women and girls with disabilities are affected by discrimination in many areas of life including social isolation, lack of access to community services, low-quality housing, institutionalisation and inadequate healthcare which hampers them from contributing and engaging actively in society. Women with disabilities are 10 times more likely to experience physical or sexual assault than women without disabilities and therefore information on the access to specialized support services should be made available for those women with disabilities having suffered any form of gender based violence. Overall, the situation for women and girls with disabilities is worse than those of men and boys with disabilities, with this being accentuated for example in rural areas where access to services and opportunities in general is much more limited. Any person with a factual disability, according to the meaning stated in Article 1 of the CRPD, when they reside or move in an EU Member State other than their own, should have their disability status recognised.
Amendment 3 #
Proposal for a directive
Recital 3 b (new)
Recital 3 b (new)
(3 b) The equality and non- discrimination mandate contained in Article 5 of the CRPD is relevant, as the European Disability Card is meant to accelerate the equality of persons with disabilities through their mutual recognition within the EU. There is a need to approach mobility and free movement in a gender sensitive way so that this legislation contributes to recognising the rights of women and girls with disabilities, mothers and caregivers of persons with disabilities and adopting an intersectional approach in protecting them from discrimination. It is imperative to recognize that women and girls with disabilities are affected by discrimination in many areas of life including social isolation, lack of access to community services, low-quality housing, institutionalisation and inadequate healthcare which hampers them from contributing and engaging actively in society. Women with disabilities are 10 times more likely to experience physical or sexual assault than women without disabilities and therefore information on the access to specialized support services should be made available for those women with disabilities having suffered any form of gender based violence. Overall, the situation for women and girls with disabilities is worse than those of men and boys with disabilities, with this being accentuated for example in rural areas where access to services and opportunities in general is much more limited. Any person with a factual disability, according to the meaning stated in Article 1 of the CRPD, when they reside or move in an EU Member State other than their own, should have their disability status recognised.
Amendment 4 #
Proposal for a directive
Recital 6
Recital 6
(6) The purpose of the UNCRPD is to promote, protect and ensure the full and equal enjoyment of all human rights and fundamental freedoms by all persons with disabilities, and to promote respect of their inherent dignity, thus ensuring their full and effective participation and inclusion in society on an equal basis with others. In its article 6, the UNCRPD specifically recognises that women and girls with disabilities are subject to multiple discrimination, due in many cases to the intersection of gender and disability, which impacts all spheres of their life including their mobility experiences requiring State parties to “take measures to ensure the full and equal enjoyment by them of all human rights and fundamental freedoms” and ensure the full development, advancement and empowerment of women. Women with disabilities often face intersectional forms of discrimination, and thus EU legislation need to integrate an intersectional approach in order to properly address exclusion and discrimination from a comprehensive, systemic and structural perspective; EU Member States are bound by the UNCRPD, however there are significant differences between the countries’ implementation1a. There is a need to progress on equality for persons with disabilities in all countries, for example through investments in infrastructure, capacity building and awareness raising campaigns. The UNCRPD also recognises the importance of the need to take appropriate measures to ensure universal accessibility to persons with disabilities., as for instance to the ones with functional illiteracy mostly affecting women, especially in regards to the current directive, and to ensure that persons with disabilities enjoy personal mobility with the greatest possible independence. (6 a) It is necessary to acknowledge that women and girls with disabilities face increased risk of violence and abuse, including sexual abuse, and have heightened vulnerability on account of their sex, age and disability, (6 b) Figures clearly show that caregivers of disabled people are in their vast majority women and that therefore a gender sensitive approach has to be applied also when considering the caregivers side. __________________ 1a Implementing the UN Convention on the Rights of Persons with Disabilities, https://fra.europa.eu/sites/default/files/fra _uploads/fra-2023-uncrpd-human-rights- indicators_en.pdf
Amendment 4 #
Proposal for a directive
Recital 6
Recital 6
(6) The purpose of the UNCRPD is to promote, protect and ensure the full and equal enjoyment of all human rights and fundamental freedoms by all persons with disabilities, and to promote respect of their inherent dignity, thus ensuring their full and effective participation and inclusion in society on an equal basis with others. In its article 6, the UNCRPD specifically recognises that women and girls with disabilities are subject to multiple discrimination, due in many cases to the intersection of gender and disability, which impacts all spheres of their life including their mobility experiences requiring State parties to “take measures to ensure the full and equal enjoyment by them of all human rights and fundamental freedoms” and ensure the full development, advancement and empowerment of women. Women with disabilities often face intersectional forms of discrimination, and thus EU legislation need to integrate an intersectional approach in order to properly address exclusion and discrimination from a comprehensive, systemic and structural perspective; EU Member States are bound by the UNCRPD, however there are significant differences between the countries’ implementation1a. There is a need to progress on equality for persons with disabilities in all countries, for example through investments in infrastructure, capacity building and awareness raising campaigns. The UNCRPD also recognises the importance of the need to take appropriate measures to ensure universal accessibility to persons with disabilities., as for instance to the ones with functional illiteracy mostly affecting women, especially in regards to the current directive, and to ensure that persons with disabilities enjoy personal mobility with the greatest possible independence. (6 a) It is necessary to acknowledge that women and girls with disabilities face increased risk of violence and abuse, including sexual abuse, and have heightened vulnerability on account of their sex, age and disability, (6 b) Figures clearly show that caregivers of disabled people are in their vast majority women and that therefore a gender sensitive approach has to be applied also when considering the caregivers side. __________________ 1a Implementing the UN Convention on the Rights of Persons with Disabilities, https://fra.europa.eu/sites/default/files/fra _uploads/fra-2023-uncrpd-human-rights- indicators_en.pdf
Amendment 5 #
Proposal for a directive
Recital 6 a (new)
Recital 6 a (new)
(6 a) (6a) Whereas data from the European Institute for Gender Equality1a shows that in the EU, 20% of women with disabilities are in full-time employment, comparing to 29% of men with disabilities and 48% of women without disabilities. 22% of women with disabilities are at risk of poverty, comparing to 20% of men with disabilities and 16% of women without disabilities. 17% of women with disabilities graduate tertiary education, comparing to 18% of men with disabilities and 32% of women without disabilities. 11% of women with disabilities have unmet needs for medical examination, comparing to 10% men with disabilities and 3% women without disabilities; whereas there are approximately 46 million women and girls with disabilities in the EU, comprising about 16% of its total female population and representing 60% of the overall population of persons with disabilities1b; therefore a gender- sensitive approach has to be applied when establishing a European Disability Card, and following the specific recommendations adopted by the CRPD Committee on the initial report of the EU in 2015, in particular, the mainstreaming of women and girls with disabilities perspective must be at the centre of the EU Gender Equality strategy, together with policies and programmes and a gender perspective in its Disabilities strategy. The Committee also recommended that the European Union develops actions to advance the rights of women and girls with disabilities by establishing a mechanism to monitor progress and support funding data collection and research on women and girls with disabilities1c; whereas the European Commission and EU Member States shall ensure that gender disaggregated data is collected to elaborate a gender impact assessment of the Directive and guarantee its gender- mainstreamed revision in the future. __________________ 1a Intersecting inequalities in the European Union in the 2023 Gender Equality Index https://eige.europa.eu/gender-equality- index/2022/domain/intersecting- inequalities/disability/work 1b https://www.edf-feph.org/women-and- gender-equality/ 1c Concluding observations on the initial report of the European Union CRPD/C/EU/CO/1, Committee on the Rights of Persons with Disabilities, 2 October 2015.
Amendment 5 #
Proposal for a directive
Recital 6 a (new)
Recital 6 a (new)
(6 a) (6a) Whereas data from the European Institute for Gender Equality1a shows that in the EU, 20% of women with disabilities are in full-time employment, comparing to 29% of men with disabilities and 48% of women without disabilities. 22% of women with disabilities are at risk of poverty, comparing to 20% of men with disabilities and 16% of women without disabilities. 17% of women with disabilities graduate tertiary education, comparing to 18% of men with disabilities and 32% of women without disabilities. 11% of women with disabilities have unmet needs for medical examination, comparing to 10% men with disabilities and 3% women without disabilities; whereas there are approximately 46 million women and girls with disabilities in the EU, comprising about 16% of its total female population and representing 60% of the overall population of persons with disabilities1b; therefore a gender- sensitive approach has to be applied when establishing a European Disability Card, and following the specific recommendations adopted by the CRPD Committee on the initial report of the EU in 2015, in particular, the mainstreaming of women and girls with disabilities perspective must be at the centre of the EU Gender Equality strategy, together with policies and programmes and a gender perspective in its Disabilities strategy. The Committee also recommended that the European Union develops actions to advance the rights of women and girls with disabilities by establishing a mechanism to monitor progress and support funding data collection and research on women and girls with disabilities1c; whereas the European Commission and EU Member States shall ensure that gender disaggregated data is collected to elaborate a gender impact assessment of the Directive and guarantee its gender- mainstreamed revision in the future. __________________ 1a Intersecting inequalities in the European Union in the 2023 Gender Equality Index https://eige.europa.eu/gender-equality- index/2022/domain/intersecting- inequalities/disability/work 1b https://www.edf-feph.org/women-and- gender-equality/ 1c Concluding observations on the initial report of the European Union CRPD/C/EU/CO/1, Committee on the Rights of Persons with Disabilities, 2 October 2015.
Amendment 10 #
Proposal for a directive
Article 9 – paragraph 2
Article 9 – paragraph 2
2. Member States shall take appropriate measures to raise awareness among the public including to public authorities and private service providers having the potential to offer tailored support pursuant to Article 5, about the existence and conditions of the card. Member States shall also inform persons with disabilities, including in accessible and gender- inclusive ways, about the existence and inform persons with disabilities, including in accessible ways, about the existence and conditions to obtain, use, or renew the European Disability Card and the European Parking Card for persons with disabilities. They should also coordinate comprehensive gender mainstreamed training for all actors concerned.
Amendment 10 #
Proposal for a directive
Article 9 – paragraph 2
Article 9 – paragraph 2
2. Member States shall take appropriate measures to raise awareness among the public including to public authorities and private service providers having the potential to offer tailored support pursuant to Article 5, about the existence and conditions of the card. Member States shall also inform persons with disabilities, including in accessible and gender- inclusive ways, about the existence and inform persons with disabilities, including in accessible ways, about the existence and conditions to obtain, use, or renew the European Disability Card and the European Parking Card for persons with disabilities. They should also coordinate comprehensive gender mainstreamed training for all actors concerned.
Amendment 48 #
Proposal for a directive
Recital 2 a (new)
Recital 2 a (new)
(2 a) Gender equality is a value of the Union enshrined in Article 2 TEU and in Article 8 TFEU it is stated that in all its activities the Union shall aim to eliminate inequalities, establishing the principle of gender mainstreaming and gender equality;
Amendment 62 #
Proposal for a directive
Recital 10 a (new)
Recital 10 a (new)
(10 a) Women with disabilities often face intersectional forms of discrimination which impacts all spheres of their life including their mobility experiences, and thus EU legislation need to integrate an intersectional approach in order to properly address exclusion and discrimination from a comprehensive, systemic and structural perspective;
Amendment 63 #
Proposal for a directive
Recital 10 b (new)
Recital 10 b (new)
(10 b) The directive should also take into account that women with disabilities are 10 times more likely to experience physical or sexual assault than women without disabilities and therefore information on the access to specialized support services should be made available for those women with disabilities having suffered any form of gender based violence;
Amendment 64 #
Proposal for a directive
Recital 11
Recital 11
(11) Persons with disabilities moving for longer periods to other Member States for employment, study or other purposes, except where otherwise provided by law or agreed among Member States, may have their disability status assessed and formally recognised by the competent authorities in the other Member State and may receive a disability certificate, a disability card or any other formal document recognising their disability status in accordance with applicable rules of that Member State. Nevertheless, persons with disabilities staying for a fixed period of time that is longer than the considered short period of time in the context of a mobility programme, should not need to have their disability status assessed in the new member state. Those could be mobility projects for VET, school pupils, adult education, youth exchanges, youth workers, youth participation activities, Discover EU Inclusion action, projects for higher education students and staff, partnerships for cooperation.
Amendment 80 #
Proposal for a directive
Recital 28
Recital 28
(28) The Member State responsible for issuing the European Disability Card or the European Parking Card for persons with disabilities should be the one where the person habitually resides within the meaning of Regulations (EC) Nos 883/2004 of the European Parliament and of the Council54 and (EC) No 987/2009 of the European Parliament and of the Council55 and received the assessment of their disability status. Holders of a European Disability Card or European Parking Card for persons with disabilities should be able to use the cards during their stay in any other Member State. The EU Member States shall guarantee, that the access to the services to get such a cards are inclusive and accessible for people with disabilities – for example the format of respective websites or digital services of EU Member States as well as physical offices. _________________ 54 Regulation (EC) No 883/2004 of the European Parliament and of the Council of 29 April 2004 on the coordination of social security systems (OJ L 166, 30.4.2004, p. 1) 55 Regulation (EC) No 987/2009 of the European Parliament and of the Council of 16 September 2009 laying down the procedure for implementing Regulation (EC) No 883/2004 on the coordination of social security systems (OJ L 284, 30.10.2009, p. 1).
Amendment 83 #
Proposal for a directive
Recital 31
Recital 31
(31) In order to raise awareness and facilitate access to special conditions or preferential treatment, while travelling to or visiting another Member State, all relevant information with respect to the conditions, rules, practices, and procedures applicable to obtain the European Disability Card and/or the European Parking Card for persons with disabilities and its subsequent use should be made publicly available on an EU digital Portal in a clear, comprehensive, user-friendly manner and accessible formats for persons with disabilities respecting the relevant accessibility requirements for services established in Annex I to Directive (EU) 2019/882 including by making all information available in the national sign langue(s) . Private operators or public authorities granting special conditions or preferential treatment to persons with disabilities should make such information publicly available in a clear, comprehensive, user-friendly manner and accessible formats, for persons with disabilities respecting the relevant accessibility requirements for services established in Annex I to Directive (EU) 2019/882.
Amendment 85 #
Proposal for a directive
Recital 38 a (new)
Recital 38 a (new)
(38 a) The European Commission and EU Member States shall ensure that gender disaggregated data is collected to elaborate a gender impact assessment of the Directive and guarantee a gender- mainstreamed revision of this Directive in the future.
Amendment 86 #
Proposal for a directive
Recital 38 b (new)
Recital 38 b (new)
(38 b) Member States shall take appropriate action with reference to make the services fully accessible to persons with functional illiteracy, where women are proportionally higher affected.
Amendment 96 #
Proposal for a directive
Article 2 – paragraph 1 a (new)
Article 2 – paragraph 1 a (new)
1 a. This Directive shall apply to all persons with disabilities participating in a mobility program within the EU that has a fixed period of time. In that case, the use of the Disability Card and the Parking Card shall be extended for the duration of the programme
Amendment 107 #
Proposal for a directive
Article 3 – paragraph 1 – point f a (new)
Article 3 – paragraph 1 – point f a (new)
(f a) "EU mobility programme" means any programme that has a fixed period of time, and that is temporary, that takes place in another Member State that the state or residence, in the field of education, training, or for work related purposes.
Amendment 123 #
Proposal for a directive
Article 6 – paragraph 3
Article 6 – paragraph 3
3. Competent authorities in the Member States shall issue, renew or withdraw the European Disability Card in accordance with their national rules, procedures and practices. Such procedures shall be free of charge for the card holder. Without prejudice to Regulation (EU) 2016/679, Member States shall ensure the security, integrity, authenticity and confidentiality of the data collected and stored for the purpose of this Directive. The competent authority responsible for issuing the European Disability Card shall be considered as the controller referred to in Article 4(7) of Regulation (EU) 2016/679 and shall have responsibility for the processing of personal data. Cooperation with external service providers shall not exclude any liability on the part of a Member State which may arise under Union or national law in respect of breaches of obligations with regard to personal data.
Amendment 129 #
Proposal for a directive
Article 6 – paragraph 4 a (new)
Article 6 – paragraph 4 a (new)
4 a. Member States shall use the back of the card to display information on the kind of assistance that the card holder needs.
Amendment 139 #
Proposal for a directive
Article 7 – paragraph 3
Article 7 – paragraph 3
3. Competent authorities in the Member States shall issue, renew, or withdraw the European Parking Card for persons with disabilities in accordance with their national rules, procedures and practices. Such procedures shall be free of charge for the card holder. Without prejudice to Regulation (EU) 2016/679, Member States shall ensure the security, authenticity and confidentiality of the personal data collected and stored for the purpose of this Directive. The competent authority responsible for issuing the European parking Card for persons with disabilities shall be considered as the controller referred to in Article 4(7) of Regulation (EU) 2016/679 and shall have responsibility for the processing of personal data. Cooperation with external service providers shall not exclude any liability on the part of a Member State which may arise under Union or national law in respect of breaches of obligations with regard to personal data.
Amendment 146 #
Proposal for a directive
Article 7 a (new)
Article 7 a (new)
Article 7a Provisions for card holders when changing residence 1. Member States shall ensure the beneficiaries who have changed their member state of residence and are pending the issuance of a new national disability card by the competent authorities, are guaranteed their rights and benefits provided by the Disability Card and the Parking Card of the previous member state who first issued it. 2. Member States shall ensure that the process of re-assessment of the disability and the issuing of the new national card and therefore the new European Disabilities and Parking Card does not exceed 6 months.
Amendment 150 #
Proposal for a directive
Article 9 – paragraph 2
Article 9 – paragraph 2
2. Member States shall take appropriate measures to raise awareness among the public , including to public authorities and private operators having the potential to offer preferential treatment pursuant to Article 5 and inform persons with disabilities, including in accessible ways, about the existence and conditions to obtain, use, or renew the European Disability Card and the European Parking Card for persons with disabilities. The EU competent authorities and the EU Member States shall coordinate on a comprehensive training for all concerned public servants as well as private service providers that participate to ensure a comprehensive and equal knowledge. This comprehensive training shall be co-financed by ESF+ funds.
Amendment 160 #
Proposal for a directive
Article 11 – paragraph 4
Article 11 – paragraph 4
4. Before adopting a delegated act, the Commission shall consult experts designated by each Member State in accordance with the principles laid down in the Interinstitutional Agreement of 13 April 2016 on Better Law-Making. The Commission shall also consult gender equality experts and request gender disaggregated data by each Member State and competent EU Authorities in view enhacing gender mainstreaming and gender budgeting where necessary.
Amendment 169 #
Proposal for a directive
Article 15 – paragraph 3
Article 15 – paragraph 3
3. The information referred to in paragraph 1 of this article shall be made available free of charge in a clear, comprehensive, user-friendly and easily accessible way, including through the private operators or public authorities’ official website where available, or by other suitable means, in accordance with the relevant accessibility requirements for services set in Annex I of Directive (EU) 2019/882. The Commission shall create a digital portal containing all the information with regards the benefits of holding the European Disability Card and the European Parking Card in all Member States including information on the different procedures in each Member States. Such information shall be sent by the Member States to the Commission and updated according to the reporting requirements in Article 16 of this Directive.
Amendment 173 #
Proposal for a directive
Article 16 – paragraph 4
Article 16 – paragraph 4
4. The Commission’s report shall take into account the viewpoints of persons with disabilities, economic stakeholders and relevant non-governmental organisations, including organisations representing persons with disabilitiepersons with disabilities and their representative organisations.
Amendment 174 #
Proposal for a directive
Article 18 – paragraph 1
Article 18 – paragraph 1
1. Member States shall adopt and publish, by dd/mm/yy [within 182 months after the entry into force of this Directive] at the latest, the laws, regulations and administrative provisions necessary to comply with this Directive. They shall forthwith communicate to the Commission the text of those provisions.
Amendment 179 #
Proposal for a directive
Article 18 – paragraph 2
Article 18 – paragraph 2
2. They shall apply those provisions from dd/mm/yy [3024 months from the date of entry into force of this Directive].