60 Amendments of Rosa ESTARÀS FERRAGUT related to 2015/2258(INI)
Amendment 1 #
Draft opinion
Recital A
Recital A
A. whereas the CRPD is the first international human rights treaty ratified by the EU;
Amendment 2 #
Draft opinion
Recital B
Recital B
B. whereas the EU has, for the first time, been monitored by a UN body in the fulfilment of its international obligations on human rights; whereas the concluding observations of the CRPD Committee published in 2015 regarding implementation of the Convention in the EU sent a strong message regarding the EU’s commitment to equality and respect for human rights;
Amendment 3 #
Draft opinion
Recital C
Recital C
C. whereas the CRPD is a joint agreement and, while certain areas fall within the remit of the EU, the Member States are also required to implement the CRPD in full at national level;
Amendment 3 #
Draft opinion
Paragraph 1 a (new)
Paragraph 1 a (new)
1 a. A. Whereas the Committee on Petitions receives every year a considerable number of petitions from persons with disabilities encountering difficulties on a daily basis with regards to access to work and employment, education and transportation or participation in political and public and cultural life;
Amendment 4 #
Draft opinion
Recital D
Recital D
D. whereas the broad range of recommendations from the CRPD Committee provides a set of guidelines for legislative and policy-making measures falling within the remit of the EU;
Amendment 5 #
Draft opinion
Recital E
Recital E
E. whereas a number of Member States that have ratified the CRPD have yet to establish or designate bodies to implement and monitor the Convention pursuant to Article 33; whereas those already established are being hampered in the accomplishment of their tasks, especially with regard to monitoring under Article 33 (2), by the lack of funding and manpower and the absence of a sound legal basis for their designation;
Amendment 7 #
Draft opinion
Paragraph 1 b (new)
Paragraph 1 b (new)
1 b. B. Whereas as the first time the EU's fulfilment of its international human rights obligations has been reviewed by a UN treaty body, the CRPD Committee's concluding observations on the EU's implementation of the CRPD, published in 2015, mark an important signal of the EU's commitment to equality and respect for human rights.
Amendment 8 #
Draft opinion
Paragraph 1 a (new)
Paragraph 1 a (new)
1a. Attaches the utmost importance to Article 33 of the UN Convention on the Rights of Persons with Disabilities – CRPD - (‘National implementation and monitoring’) and to paragraphs 76 and 77 of the UN Committee’s concluding observations; welcomes therefore the acceptance by the UN Committee of European Parliament participation in independent monitoring;
Amendment 9 #
Motion for a resolution
Recital C a (new)
Recital C a (new)
Ca. whereas this is the first time that the EU has been monitored by a UN body in the fulfilment of its international obligations on human rights; whereas the concluding observations of the CRPD Committee published in 2015 regarding implementation of the Convention in the EU sent a strong message regarding the EU’s commitment to equality and respect for human rights;
Amendment 10 #
Draft opinion
Paragraph 1 c (new)
Paragraph 1 c (new)
1 c. C. Whereas the wide-ranging recommendations offer guidance for legislative and policy actions across the EU's sphere of competence;
Amendment 11 #
Motion for a resolution
Recital E a (new)
Recital E a (new)
Ea. whereas the broad range of recommendations from the CRPD Committee provides a set of guidelines for legislative and policy-making measures falling within the remit of the EU;
Amendment 11 #
Draft opinion
Paragraph 2
Paragraph 2
2. Calls on the Commission to make a comprehensivesweeping review of EU legislation in order to ensure that it fully complies withand funding programmes, in order to ensure full compliance with the CRPD, with the constructive involvement of disability organisations and members of the UN CRPD Framework and setting out clear reform objectives and deadlines;
Amendment 11 #
Draft opinion
Paragraph 1 d (new)
Paragraph 1 d (new)
1 d. D. Whereas the review processes by monitoring bodies offer a valuable opportunity for input from civil society organisations, including organisations of persons with disabilities; Whereas retaining this level of involvement and consultation through the follow up of the concluding observations presents a greater challenge, given the wide-ranging scope of the Committee's recommendations;
Amendment 12 #
Draft opinion
Paragraph 1 e (new)
Paragraph 1 e (new)
1 e. E. Whereas some Member States that have ratified the CRPD were yet to establish or designate the bodies to implement and monitor the convention, as required under Article 33; Whereas the work of those bodies already established, in particular the monitoring frameworks set up under Article 33 (2), is impeded by a lack of financial and human resources, and the absence of a solid legal basis for their designation;
Amendment 14 #
Draft opinion
Paragraph 2 a (new)
Paragraph 2 a (new)
2a. Calls on the Member States to assign sufficient funding and manpower to task fulfilment within the supervisory frameworks established under Article 33(2), guaranteeing their independence and ensuring that their composition and modus operandi take into account the Paris Principles regarding the functioning of national human rights institutions in line with Article 33 (2) and that they are underpinned by the establishment of a formal legal basis clearly defining their remit;
Amendment 15 #
Draft opinion
Paragraph 2 b (new)
Paragraph 2 b (new)
2b. Calls on the Commission to cooperate closely with other EU institutions, bodies and agencies and with the Member States, so as to coordinate effectively and consistently action taken in line with the concluding observations; calls for the necessary arrangements to form part of a CRPD implementation strategy;
Amendment 16 #
Draft opinion
Paragraph 2 c (new)
Paragraph 2 c (new)
2c. Calls on the EU and the Member States to ensure consultation and the systematic and structured involvement of organisations representing those with disabilities when implementing their respective final observations;
Amendment 17 #
Draft opinion
Paragraph 2 d (new)
Paragraph 2 d (new)
2d. Urges the European Parliament to strengthen the internal mechanism established to coordinate the implementation of the CRPD (UNCRPD network) so that it becomes a mechanism for the monitoring and implementation of the Convention, encompassing all parliamentary committees, with the constructive involvement of disability organisations and with its own secretariat and full-time staff assigned exclusively to it;
Amendment 21 #
Motion for a resolution
Recital G a (new)
Recital G a (new)
Ga. whereas a number of Member States that have ratified the CRPD have yet to establish or designate bodies to implement and monitor the Convention pursuant to Article 33; whereas those already established are being hampered in the accomplishment of their tasks, especially with regard to monitoring under Article 33(2), by the lack of funding and manpower and the absence of a sound legal basis for their designation;
Amendment 22 #
Draft opinion
Paragraph 4
Paragraph 4
4. Reiterates the importance of exceptions and limitations to copyright and related rights being available to persons with disabilities; notes the conclusion of the Marrakesh Treaty to facilitate access to works published by the blind or visually impaired, and reiterates its conviction that the EU is competent to conclude this treaty without ratification being conditional upon revision of the EU legal framework or the timing of a ruling by the Court of Justice;
Amendment 23 #
Draft opinion
Recital A a (new)
Recital A a (new)
Aa. whereas prevalence of disability is higher amongst women than amongst men in the European Union and women with disabilities are frequent victims of multiple discrimination, enduring substantial obstacles in realizing their basic rights and freedoms; whereas women are disproportionately affected by disability also as carers of family members with disability;
Amendment 23 #
Draft opinion
Paragraph 9
Paragraph 9
9. Calls for the ratification of the Optional Proon Member States that have not yet done so to take rapid steps to finalise the last reforms standing in the way of CRPD ratification; Calls the EU and the Member States yet to col to the Conventionmplement their ratification of the CRPD with adoption of the Optional Protocol; considers that the role of the Committee on Petitions should be clarified and recognised in the Rules of Procedure before the conclusion of the Protocol;
Amendment 24 #
Draft opinion
Recital A b (new)
Recital A b (new)
Ab. whereas the Committee on the Rights of Persons with Disability in its Concluding observations on the initial report of the European Union recommends that the European Union mainstream disability perspective in its gender policies and programs, as well as a gender perspective in its disability strategies; that it develop affirmative actions, establish a monitoring mechanism and fund data collection and research on women and girls with disabilities; whereas it further recommends that the European Union provide effective protection from violence, abuse and exploitation, that the work-life balance policy address the needs of children and adults with disabilities including their carers, and that measures are undertaken to decrease high unemployment rates of persons with disabilities, the majority of whom are women;
Amendment 25 #
Draft opinion
Paragraph 6 a (new)
Paragraph 6 a (new)
6a. Expresses it concern at the recent Council proposals to significantly reduce the scope of the EU Directive on the accessibility of public sector websites; fears that the exemptions proposed by the Council will not be sufficient to ensure that the 80 million people with disabilities and 150 million elderly people in the EU enjoy equal access to the digital single market and on-line public services for EU citizens, thereby infringing the right to equal access to information enshrined in the CRPD;
Amendment 25 #
Draft opinion
Paragraph 1
Paragraph 1
1. Endorses the conclusions and recommendations of the Committee on the Rights of Persons with Disabilities and stresses the need for the EU institutions and Member States to incorporate the perspective of women and girls with disabilities into their policies, programmes and strategies on gender equality, and for gender mainstreaming in their strategies on disability; calls, further, for mechanisms to be put in place for a regular review of the progress made;
Amendment 27 #
Draft opinion
Paragraph 10
Paragraph 10
10. Calls on the EU and its Member States to implement the provisions of the UNCRPD, revisentensify efforts to align their legal frameworks with CRPD requirements, including a comprehensive review of their legislation andto ensure proper enforcementfull harmonisation with the provisions of the convention, setting clear targets and timeframes for reforms, and identifying the actors responsible; calls for national information tools to be developed and enhanced in order to best assist people with disabilities and their families; calls on those Member States that have not ratified the UNCRPD to do so as soon as possible;
Amendment 28 #
Draft opinion
Paragraph 7 a (new)
Paragraph 7 a (new)
7a. Welcomes the publication by the Commission of the European Accessibility Act on 2 December 2015; recalls the need for a comprehensive approach to accessibility and for measures to guarantee that those with any type of disability enjoy this right in accordance with Article 9 of the CRPD;
Amendment 29 #
Draft opinion
Paragraph 7 b (new)
Paragraph 7 b (new)
7b. Calls on the EU institutions to review their internal staff regulations and implementing rules with a view to ensuring the recruitment of more staff members and trainees with disabilities, making the necessary adjustments to ensure that staff members who have disabilities or dependent family members with disabilities receive the same opportunities as other staff members regarding enjoyment of their rights;
Amendment 30 #
Draft opinion
Paragraph 7 c (new)
Paragraph 7 c (new)
7c. Calls on the Commission to review the EU institutions joint sickness and insurance scheme so as to ensure that disability-related health needs are fully covered in line with the Convention;
Amendment 30 #
Draft opinion
Paragraph 10 a (new)
Paragraph 10 a (new)
10 a. Urges to all Member States to allocate the monitoring frameworks established under Article 33(2) sufficient and stable financial and human resources to carry out their functions; They should also guarantee the independence of monitoring frameworks by making sure that their composition and operation takes into account the Paris Principles on the functioning of national human rights institutions, as required under Article 33(2); This would be supported by establishing a formal legal basis, clearly setting out frameworks' role and scope; Urges to those Member States still to designate Article 33 bodies to do so as soon as possible and equip them with the resources and mandates to effectively implement and monitor their obligations under the CRPD;
Amendment 31 #
Draft opinion
Paragraph 7 d (new)
Paragraph 7 d (new)
7d. Calls for the urgent measures to unfreeze the European anti- discrimination directive, concerning which no progress has been made in Council since 2008;
Amendment 32 #
Draft opinion
Paragraph 1 c (new)
Paragraph 1 c (new)
1c. Attaches the highest importance to Article 33 of the Convention on the rights of persons with disabilities —CRPD— (‘National implementation and monitoring’) and to the United Nations Committee’s concluding observations 76 and 77, and accordingly welcomes the approval given by the United Nations Committee to the European Parliament’s presence in the independent monitoring framework;
Amendment 34 #
Draft opinion
Paragraph 11
Paragraph 11
11. Invites the European Commission to provide clarification as to the broad definition of disability at EU level; Calls on the European Commission to work closely with other EU institutions, bodies and agencies, as well as Member States, to coordinate effective and systematic follow up of the concluding observations; Modalities for this cooperation should be set out in a strategy on the implementation of the CRPD;
Amendment 35 #
Draft opinion
Paragraph 11 a (new)
Paragraph 11 a (new)
11 a. Calls on the EU and the Member States to ensure structured and systematic consultation and involvement of persons with disabilities when taking steps to implement their respective concluding observations; Calls on this consultation to be fully accessible, allowing all persons with disabilities to participate, irrespective of the type of impairment;
Amendment 36 #
Motion for a resolution
Paragraph 1
Paragraph 1
1. Calls for the EU to ratify the Optional Protocol to the CRPD; calls on Member States that have not yet done so to take the necessary measures to finalise their reforms with a view to ratification of the CRPD;
Amendment 43 #
Draft opinion
Paragraph 15
Paragraph 15
15. Expresses its concern at the fact that in some Member States EU Structural and Investment Funds are used to promote institutionalisation rather than to develop more inclusive communities within which persons with disabilities can receive suitable support; Calls on the Commission to promote and enhance the use of Structural Funds by Member States, with a view to developing high-quality social services for people with disabilities and ensuring the transition from institutional care to community-based care;
Amendment 45 #
Motion for a resolution
Paragraph 2
Paragraph 2
2. Urges a comprehensive and cross- cutting review of EU legislation and funding programmes with a view to complying fully with the CRPD by constructively involving disability organisations and the members of the EU Framework for the CRPD (hereinafter the ‘EU Framework’) and setting out clear reform objectives and deadlines;
Amendment 45 #
Draft opinion
Paragraph 2
Paragraph 2
2. Urges the European Parliament to strengthen the internal mechanism set up to coordinate the implementation of the UN Convention on the Rights of Persons with Disabilities (UNCRPD Network) so that it becomes an over-arching mechanism for the monitoring and implementation of the Convention across all parliamentary committees, with its own staff assigned exclusively to it;
Amendment 46 #
Motion for a resolution
Paragraph 2 a (new)
Paragraph 2 a (new)
2a. Calls on the Member States to assign sufficient funding and manpower to task fulfilment within the supervisory frameworks established under Article 33(2), guaranteeing their independence and ensuring that their composition and operational procedures take into account the Paris Principles regarding the functioning of national human rights institutions in line with Article 33(2) and that they are underpinned by the establishment of a formal legal basis clearly defining their remit;
Amendment 46 #
Draft opinion
Paragraph 3
Paragraph 3
3. Reiterates the urgent need to address the issue of violence against women and girls with disabilities in private and institutional environments, and calls on Member States to provide support services that are accessible to women and girls with all types of disabilities; advises the EU to become a party to the Council of Europe Convention on preventing and combating violence against women and domestic violence (Istanbul Convention); as a further step in combating violence against women and girls with disabilities;
Amendment 50 #
Draft opinion
Paragraph 4
Paragraph 4
4. Calls on all European institutions to foster campaigns to raise awareness of the Convention on the Rights of Persons with Disabilities and to combat prejudice against people with disabilities, including women and girls; considers that the media should strive to project a positive image of women and girls with disabilities, focusing on their skills and their contribution to society and increasing their visibility;
Amendment 52 #
Draft opinion
Paragraph 16
Paragraph 16
16. Urges the EU institutions to review the Staff Regulations and, internal regulations and implementing rules in order to adopt comprehensive recruitment policies, including positive measures, to actively increase the number of staff and trainees with disabilities as well as to ensure that all employees of the EU institutions who are persons with disabilities or have dependant family members with disabilities, receive the reasonable accommodation they need in order to enjoy their rights on an equal footing with others; Calls on the Commission to revise the EU institutions Joint Sickness and Insurance Scheme so as to comprehensively cover disability-related health needs in a manner which is compatible with the Convention;
Amendment 55 #
Draft opinion
Paragraph 4 b (new)
Paragraph 4 b (new)
4b. Invites the Commission to ensure that women with disabilities are themselves involved in future research on women and disabilities, based on the principle of full participation deriving from the Convention;
Amendment 57 #
Draft opinion
Paragraph 4 a (new)
Paragraph 4 a (new)
4a. Calls for European Structural and Investment Funds to be used in a balanced way, promoting the development of more inclusive communities and institutionalisation where requested, so that in both cases persons with disabilities can receive suitable support and assistance;
Amendment 61 #
Draft opinion
Paragraph 6
Paragraph 6
6. Is worried by the high rates of unemployment among women with disabilitiespeople with disabilities, and particularly women with disabilities, by comparison with other population groups in the European Union; calls on the Member States to foster and ensure a legislative and policy framework for the labour market participation of women with disabilities;
Amendment 63 #
Draft opinion
Paragraph 6 a (new)
Paragraph 6 a (new)
6a. Is concerned that the Commission's Strategic engagement for gender equality 2016-2019 fails to address disability and urges the Commission to tackle this shortcoming by including women with disabilities and women carers in its policies and programmes;
Amendment 67 #
Draft opinion
Paragraph 6 b (new)
Paragraph 6 b (new)
6b. Welcomes the publication by the Commission of the proposal for a European Accessibility Act on 2 December 2015; recalls that a comprehensive approach to accessibility is needed and that the right to accessibility as stated in Article 9 of the UNCRPD must be guaranteed to people with all types of disabilities;
Amendment 68 #
Draft opinion
Paragraph 6 c (new)
Paragraph 6 c (new)
6c. Urges the EU institutions to revise the Staff Regulations and adopt inclusive recruitment policies to actively increase the number of female staff and trainees with disabilities;
Amendment 70 #
Draft opinion
Paragraph 6 d (new)
Paragraph 6 d (new)
6d. Urges the EU institutions to review the Staff Regulations, internal regulations and implementing rules in order to adopt comprehensive recruitment policies, including positive measures, to actively increase the number of staff and trainees with disabilities as well as to ensure that all employees of the EU institutions who are persons with disabilities or have dependant family members with disabilities, receive the reasonable accommodation they need in order to enjoy their rights on an equal footing with others. Furthermore, calls on the Commission to revise the EU institutions Joint Sickness and Insurance Scheme so as to comprehensively cover disability- related health needs in a manner which is compatible with the Convention;
Amendment 72 #
Draft opinion
Paragraph 6 e (new)
Paragraph 6 e (new)
6e. Calls on the Commission to ensure inclusive education in European schools and, in line with UNCRPD requirements on multidisciplinary assessment of individual needs, the non-exclusion of girls with disabilities, as well as the provision of adequate reasonable accommodation;
Amendment 73 #
Draft opinion
Paragraph 6 f (new)
Paragraph 6 f (new)
6f. Calls for a swift ratification of the Marrakesh Treaty to Facilitate Access to Published Works for Persons Who Are Blind, Visually Impaired, or Otherwise Print Disabled, without making the ratification conditional upon the revision of the EU legal framework or upon the timing of the decision of the Court of Justice;
Amendment 74 #
Draft opinion
Paragraph 19
Paragraph 19
19. Calls for the Eurgent unblocking of the EU anti-discrimination directive, which has not seen any advancement in the Council since 2008.opean Union to sign up to the Council of Europe Convention on preventing and combating violence against women and domestic violence (Istanbul Convention) as a further step towards combating violence against women and girls with disabilities;
Amendment 76 #
Motion for a resolution
Paragraph 6
Paragraph 6
6. Calls on the Member States and the Commission to take steps to combat all forms of discrimination, including multiple and intersectional discrimination based on disability, with special regard to women and children with disabilities and to those whose disabilities change over time; calls for the urgent measures to unfreeze the European anti-discrimination directive, concerning which no progress has been made in Council since 2008;
Amendment 86 #
Motion for a resolution
Paragraph 7
Paragraph 7
7. Welcomes the proposal for a European Accessibility Act17 and is committed to its swift adoption with a view to ensuring the accessibility of goods and services, including the buildings in which those services are provided, together with effective and accessible national enforcement and complaint mechanisms; __________________ 17recalls the need for a comprehensive approach to accessibility and for measures to guarantee that those with any type of disability enjoy this right in accordance with Article 9 of the CRPD; __________________ 17 COM(2015)0615. COM(2015)0615.
Amendment 90 #
Motion for a resolution
Paragraph 8
Paragraph 8
8. Calls on the Member States and the Commission to work with Parliament to achieve swift ratification of the Marrakesh Treaty to facilitate access to works published by the blind or visually impaired, while reiterating its conviction that the EU is competent to conclude this Treaty without ratification being conditional on a review of the EU legal framework or the timing of a ruling by the Court of Justice;
Amendment 92 #
Motion for a resolution
Paragraph 9
Paragraph 9
9. Calls on the Member States and the Commission to work with Parliament to deliver a strong directive on the accessibility of public sector bodies’ websites, with a broad scope and a robust enforcement mechanism; expresses its concern at recent Council proposals to reduce significantly the scope of the EU Directive on the accessibility of public sector websites; fears that the exemptions proposed by the Council will not be sufficient to ensure that the 80 million people with disabilities and 150 million elderly people in the EU enjoy equal access to the digital single market and on- line public services for EU citizens, thereby infringing the right to equal access to information enshrined in the CRPD;
Amendment 129 #
Motion for a resolution
Paragraph 14
Paragraph 14
14. Is concerned that theCalls for European Structural and Investment Funds are being misused to foster institutionalisation, andto be used in a balanced way, promoting the development of more inclusive communities and institutionalisation where requested, so that in both cases persons with disabilities can be assured of suitable support and assistance; calls on the Member States and the Commission to strengthen their monitoring in line with the CRPD and in consultation with disability organisations;
Amendment 158 #
Motion for a resolution
Paragraph 18 a (new)
Paragraph 18 a (new)
18a. Attaches the utmost importance to Article 33 of the UN Convention on the Rights of Persons with Disabilities – CRPD - (‘National implementation and monitoring’) and to paragraphs 76 and 77 of the UN Committee’s concluding observations; welcomes therefore the approval by the UN Committee of European Parliament participation in independent monitoring;
Amendment 162 #
Motion for a resolution
Paragraph 19 a (new)
Paragraph 19 a (new)
19a. Urges the European Parliament to strengthen the internal mechanism established to coordinate the implementation of the CRPD (UNCRPD network) so that it becomes a mechanism for the monitoring and implementation of the Convention, encompassing all parliamentary committees, with the constructive involvement of disability organisations and with its own secretariat and full-time staff assigned exclusively to it;
Amendment 163 #
Motion for a resolution
Paragraph 20
Paragraph 20
20. Urges all EU institutions, agencies and bodies to establish focal points, and stresses the need for a horizontal interinstitutional coordination mechanism across DGs and EU institutions; calls for the necessary arrangements to form part of a CRPD implementation strategy;