15 Amendments of Elizabeth LYNNE 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 60 #
Proposal for a directive
Recital 12 a (new)
Recital 12 a (new)
(12a) Persons with disabilities include those who have long-term physical, mental, intellectual or sensory impairments which in interaction with various barriers, whether environmental or attitudinal, may hinder their full and effective participation in society on an equal basis with others.
Amendment 63 #
Proposal for a directive
Recital 12 b (new)
Recital 12 b (new)
(12b) Discrimination on the grounds of disability includes discrimination on the grounds that a person is accompanied by or assisted by a recognised guide dog or assistance dog which has been trained in accordance with either the International Guide Dog Federation or Assistance Dogs International standards.
Amendment 72 #
Proposal for a directive
Recital 14 a (new)
Recital 14 a (new)
(14a) Differences in treatment related to age and disability may be permitted if they are objectively and reasonably justified by a legitimate aim and the means of achieving that aim are appropriate and necessary. Such differences of treatment may include, for example, special age conditions regarding access to certain goods or services such as alcoholic drinks, arms, or driving licences. The promotion of the economic, cultural or social integration of young or older persons or persons with disabilities is regarded as a legitimate aim. Therefore measures related to age and disability which set more favourable conditions than are available to others, such as free or reduced tariffs for the use of public transport, museums, or sport facilities, are presumed to be compatible with the principle of non-discrimination.
Amendment 85 #
Proposal for a directive
Article 4 - paragraph 1 - point a
Article 4 - paragraph 1 - point a
(a) The measures necessary to enable persons with disabilities to have effective non-discriminatory access to social protection, social advantages, health care, education and access to and supply of goods and services which are available to the public, including housing and transport, shall be provided by anticipation, including through appropriate modifications or adjustments. Such measures should not impose a disproportionate burden, nor require fundamental alteration of the social protection, social advantages, health care, education, or, telecommunication and electronic communications, information including information provided in accessible formats, financial services, culture and leisure, buildings open to the public, transport modes and other public spaces and facilities, shall be provided by anticipation, including through appropriate modifications or adjustments. Where discrimination arises from practice, policy or procedure, measures need to be taken so that it no longer has that effect. Such measures should not impose a disproportionate burden, nor require fundamental alterations to the nature of the goods, services, trade, profession or business in question. An alteration is fundamental if it alters the goods andor services in question or require the provision of alternatives theretoor the nature of the trade, profession or business to the extent that the provider of the goods or services is effectively providing a completely different kind of goods or services.
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 140 #
Proposal for a directive
Article 2 – paragraph 2 – point (b)
Article 2 – paragraph 2 – point (b)
(b) indirect discrimination shall be taken to occur wheren an apparently neutral provision, criterion or practice would put persons of a particular religion or belief, a particular disability, a particular age, or a particular sexual orientation, or persons who are associated with such persons, at a particular disadvantage compared with other persons, unless that provision, criterion or practice is objectively justified by a legitimate aim and the means of achieving that aim are appropriate and necessary.
Amendment 157 #
Proposal for a directive
Article 2 – paragraph 4 a (new)
Article 2 – paragraph 4 a (new)
4a. Discrimination within the meaning of paragraph 1 includes discrimination on the grounds that a person has, or is assumed to have, a family or other relationship with a person who has a particular religion or belief, a particular disability, a particular age, or a particular sexual orientation.
Amendment 222 #
Proposal for a directive
Article 3 – paragraph 3
Article 3 – paragraph 3
3. This Directive is without prejudice to the responsibilities of Member States for the content of teaching, activities and the organizsation of their educational systems, including the provision of special needs educationwhile realizing the rights of persons with disabilities to education without discrimination and on the basis of equal opportunities. Member States may provide differences in treatment in access to educational institutions based on religion or belief.
Amendment 257 #
Proposal for a directive
Article 4 – paragraph 2
Article 4 – paragraph 2
2. For the purposes of assessing whether measures necessary to comply with paragraph 1 would impose a disproportionate burden, account shallould be taken, in particular, of the size and resources of the organisation, its nature, the estimated cost, the life cycle of whether the measure in question is unfeasible or unsafe and could not be made feasible and safe by a reasonable modification of rules, policies or practices or the removal of architectural, communication or transport barriers ofr the goods and services, and the possible benefits of increased access for persons with disabilitiesprovision of auxiliary aids or services. Reasonable accommodation would not necessarily require significant structural changes to buildings whose structure is protected specifically under national law on account of their historical, cultural or architectural value. The burden shall not be deemed disproportionate when it is sufficiently remedied by measures existing within the framework of the equal treatment policy of the Member State concerned.
Amendment 265 #
Proposal for a directive
Article 4 – paragraph 2 a (new)
Article 4 – paragraph 2 a (new)
2a. In order to comply with the obligation to provide effective non-discriminatory access to existing infrastructures, policies or procedures within the meaning of paragraph 1(a), Member States may, if necessary, have an additional period of [X] years [from the deadline for transposition] to comply with this provision. Member States wishing to use the additional period shall submit to the Commission a plan for progressive compliance with the requirements found in paragraph 1(a), including targets, means and timeline. Any Member State which chooses to use this additional period shall report annually to the Commission on the steps taken to provide effective non-discriminatory access and on the progress towards implementation of paragraph 4(1)(a). The Commission shall report annually to the Council.
Amendment 323 #
Proposal for a directive
Article 15 – paragraph 2
Article 15 – paragraph 2