9 Amendments of Jean LAMBERT related to 2008/0140(CNS)
Amendment 28 #
Proposal for a directive
Recital 9 a (new)
Recital 9 a (new)
(9a) Persons with disabilities include those who have long-term physical, mental, intellectual or sensory impairments which in interaction with attitudinal or environmental barriers may hinder their full and effective participation in society on an equal basis with others.
Amendment 29 #
Proposal for a directive
Recital 9 a (new)
Recital 9 a (new)
(9a) Effective non-discriminatory access can be provided by a variety of means, including through 'design for all' and through facilitating the use of assistive devices by persons with disabilities, including aids to mobility and access, such as recognised guide dogs and other assistance dogs.
Amendment 32 #
Proposal for a directive
Recital 2
Recital 2
(2) The right to equality before the law and protection against discrimination for all persons constitutes a universal right recognised by the Universal Declaration of Human Rights, the United Nations Convention on the Elimination of all forms of Discrimination Against Women, the International Convention on the Elimination of all forms of Racial Discrimination, the United Nations Covenants on Civil and Political Rights and on Economic, Social and Cultural Rights, the UN Convention on the Rights of the child, the UN Convention on the Rights of Persons with Disabilities, the European Convention for the Protection of Human Rights and Fundamental Freedoms and the European Social Charter, to which [all] Member States are signatories. In particular, the UN Convention on the Rights of Persons with Disabilities includes the denial of reasonable accommodation in its definition of discrimination.
Amendment 36 #
Proposal for a directive
Recital 3
Recital 3
(3) This Directive respects the fundamental rights and observes the fundamental principles recognised in particular by the Charter of Fundamental Rights of the European Union. Article 10 of the Charter recognises the right to freedom of thought, conscience and religion; Article 21 prohibits discrimination, including on grounds of religion or belief, disability, age or sexual orientation; Article 24 gives specific rights to children; and Article 26 acknowledges the right of persons with disabilities to benefit from measures designed to ensure their independence.
Amendment 90 #
Proposal for a directive
Article 4 - paragraph 1 - point b a(new)
Article 4 - paragraph 1 - point b a(new)
(ba) For the purposes of paragraph 1, effective non-discriminatory access involves the identification and elimination of obstacles and barriers, whether attitudinal or environmental, and the prevention of new obstacles and barriers that hamper the access of persons with disabilities to goods, services and facilities available to the general public, irrespective of the nature of the obstacle, barrier or disability. Subject to the provisions of this Directive, and regardless of the measures chosen to remove the obstacles or barriers, effective non-discriminatory access for persons with disabilities must be provided under the same terms and conditions as for persons without disabilities wherever possible, and the use of assistive devices by persons with disabilities facilitated, including aids to mobility and access, such as recognised guide dogs and other assistance dogs wherever necessary. Where effective non-discriminatory access cannot be provided under the same terms and conditions, and subject to the provisions of this Directive, a meaningful alternative to ensure access must be provided.
Amendment 93 #
Proposal for a directive
Article 4 - paragraph 3
Article 4 - paragraph 3
3. This Directive shall be without prejudice to the provisions of Community law or national rules covering the accessibility of particular goods or services. However, wherever possible, Member States shall take measures to encourage providers of services and goods, in particular manufactured goods, to design accessible solutions, for instance through public procurement practices. Accessible products and services are those designed so that they can be used by all users.
Amendment 97 #
Proposal for a directive
Article 9 a (new)
Article 9 a (new)
Article 9a Assessment of alleged discrimination 1. Where an individual alleges that he or she has been the victim of multiple discrimination on the grounds of two or more of the characteristics referred to in Article 13 of the EC Treaty, the judicial or administrative authority shall compare the individual alleging discrimination with an individual who possesses none of the characteristics covered by Article 13 of the EC Treaty which the complainant alleges motivated the discrimination. This provision applies to instances of alleged direct and indirect discrimination. 2. Harassment and an instruction to discriminate which is motivated by two or more of the characteristics covered by Article 13 of the EC Treaty shall be regarded as discrimination and fall under the scope of this Directive.
Amendment 163 #
Proposal for a directive
Article 2 – paragraph 5
Article 2 – paragraph 5
5. Article 2(5) Denial of reasonable accommodation in a particular case as provided for by Article 4 (1)(b) and Article 4a of the present Directive as regards persons with disabilities and young children shall be deemed to be discrimination within the meaning of paragraph 1.
Amendment 269 #
Proposal for a directive
Article 4 a (new)
Article 4 a (new)
4a. Young children’s access to public buildings and public transport: 1. Member States shall ensure effective non-discriminatory access for young children to public buildings and public transport unless restrictions in access can be shown to be legitimate and proportionate. Notwithstanding this obligation and where needed in a particular case, reasonable accommodation shall be provided unless this would impose a disproportionate burden. 2. For the purposes of assessing whether measures necessary to comply with paragraph 1 would impose a disproportionate burden, account shall be taken, in particular, of the size and resources of the organisation, its nature, the estimated cost, and the possible benefits of increased access for young children. The burden shall not be disproportionate when it is sufficiently remedied by measures existing within the framework of the equal treatment policy of the Member State concerned.