Progress: Procedure completed
| Role | Committee | Rapporteur | Shadows |
|---|---|---|---|
| Lead | EMPL |
JELEVA Rumiana ( PPE-DE)
|
|
| Committee Opinion | FEMM |
BREYER Hiltrud ( Verts/ALE)
|
Lead committee dossier:
Legal Basis:
TFEU 218-p6a
Legal Basis:
TFEU 218-p6aSubjects
Events
PURPOSE: to conclude the UN Convention on the Rights of Persons with Disabilities, subject to a reservation in respect of Article 27.1 thereof.
LEGSLATIVE ACT: Council Decision 2010/48/EC concerning the conclusion, by the European Community, of the United Nations Convention on the Rights of Persons with Disabilities.
CONTENT: in May 2004, the Council authorised the Commission to conduct negotiations on behalf of the European Community concerning the United Nations Convention on the Protection and Promotion of the Rights and Dignity of Persons with Disabilities (see also NLE/2008/0171 ). The UN Convention was adopted by the United Nations General Assembly on 13 December 2006 and entered into force on 3 May 2008. It was signed on behalf of the Community on 30 March 2007 subject to its possible conclusion at a later date. The UN Convention constitutes a relevant and effective pillar for promoting and protecting the rights of persons with disabilities within the European Union, to which both the Community and its Member States attach the greatest importance. Accordingly, this Decision approves the UN Convention on behalf of the Community. Such approval is, however, accompanied by a reservation, entered by the European Community, with regard to Article 27(1) of the UN Convention (on work and employment). The reservation states that the Community concludes the UN Convention without prejudice to the Community law- based right, as provided under Article 3(4) of Council Directive 2000/78/EC, of its Member States not to apply to armed forces the principle of equal treatment on the grounds of disability.
Both the Community and its Member States have competence in the fields covered by the UN Convention. The Community and the Member States will therefore become Contracting Parties to it, so that together they can fulfil the obligations laid down by the UN Convention and exercise the rights invested in them, in situations of mixed competence in a coherent manner. When depositing the instrument of formal confirmation, the Community will also deposit a declaration under Article 44.1 of the Convention specifying the matters governed by the Convention in respect of which competence has been transferred to it by its Member States.
The main provisions of the Convention are as follows:
Purpose : the purpose of the Convention 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 for their inherent dignity. Persons with disabilities include those who have long-term physical, mental, intellectual or sensory impairments which in interaction with various barriers may hinder their full and effective participation in society on an equal basis with others.
General principles : the principles of the present Convention shall be: (a) respect for inherent dignity, individual autonomy including the freedom to make one’s own choices, and independence of persons; (b) non-discrimination; (c) full and effective participation and inclusion in society; (d) respect for difference and acceptance of persons with disabilities as part of human diversity and humanity; (e) equality of opportunity; (f) accessibility; (g) equality between men and women; (h) respect for the evolving capacities of children with disabilities and respect for the right of children with disabilities to preserve their identities. In accordance with the Convention, States Parties undertake to ensure equal treatment for and non-discrimination of persons with disabilities as well as their equality before the law and the same legal protection as able-bodied persons against all forms of discrimination.
Specific provisions have also been established to take into consideration the many forms of discrimination of which women and girls with disabilities are victims, as well as to take into consideration the specific rights of children with disabilities.
Rights : in addition to non-discrimination, the Convention defends several other rights, including the right to:
accessibility : to enable persons with disabilities to live independently and participate fully in all aspects of life, States Parties shall take appropriate measures to ensure that persons with disabilities have access to the physical environment, to transportation, to information and communications, including information and communications technologies and systems, and to other facilities and services open or provided to the public (both in urban and in rural areas). These measures shall include the identification and elimination of obstacles and barriers to accessibility to buildings, roads, transportation and other indoor and outdoor facilities, including schools, housing, medical facilities, workplaces and emergency services; life : the Convention reaffirms that every human being has the inherent right to life and calls on State Parties to take all necessary measures to ensure its effective enjoyment by persons with disabilities on an equal basis with others.
Other rights set out in the Convention include the right to equal recognition before the law; access to justice; liberty and security of person; freedom from torture or cruel, inhuman or degrading treatment or punishment; freedom from exploitation, violence and abuse; integrity of the person; liberty of movement and nationality; live independently and be included in the community; personal mobility; freedom of expression and opinion and access to information; education; health; participate in political and public life (including the right to vote); participate in cultural life, recreation, leisure and sport. States are also called upon to respect the privacy of persons with disabilities and to ensure respect for home and the family (including the right of all persons with disabilities who are of marriageable age to marry and to found a family on the basis of free and full consent, and the right to retain their fertility).
Lastly, States are called upon to prohibit discrimination on the basis of disability with regard to all matters concerning all forms of employment, including conditions of recruitment, hiring and employment, continuance of employment, career advancement and safe and healthy working conditions. Persons with disabilities must also enjoy, on an equal basis with others, fair and favourable working conditions and a standard of life that includes adequate food, clothing and housing. The Community has entered a reservation in respect of this obligation. The European Community states that pursuant to Community law (notably Council Directive 2000/78/EC establishing a general framework for equal treatment in employment and occupation), Member States may, if appropriate, enter their own reservations to Article 27(1) of the Disabilities Convention to the extent that Article 3(4) of the Council Directive provides them with the right to exclude non-discrimination on the grounds of disability with respect to employment in the armed forces from the scope of the Directive. Therefore, the Community states that it concludes the Convention without prejudice to the above right, conferred on its Member States by virtue of Community law.
The Lisbon Treaty, which entered into force on 1 December 2009, amended the EU's two core treaties, the Treaty on European Union (TEU) and the Treaty establishing the European Community (EC Treaty). The latter was renamed the Treaty on the Functioning of the European Union (TFEU).
These changes had various consequences for many ongoing procedures. First of all, the articles of the TEU and of the old EC Treaty that constitute the legal basis of all the proposals founded on those Treaties were renumbered in accordance with the table of equivalences mentioned in Article 5 of the Lisbon Treaty.
In addition, some proposals underwent a change to their legal basis going beyond a mere change to their numbering, and this resulted in changes to the type of procedure .
The Lisbon Treaty also introduced new concepts of decision-making procedure . The old "codecision procedure" was extended to new areas and renamed the "ordinary legislative procedure". A new "consent procedure" replaced the old "assent procedure". New interinstitutional procedures were also set up for the adoption of certain non-legislative acts, for example the conclusion of some international agreements.
The ongoing proposals concerned by these changes were formally modified by the Commission in a Communication published on 2 December 2009 (COM(2009)0665).
In the case of the proposal for a Council Decision concerning the conclusion, by the European Community, of the United Nations Convention on the Rights of Persons with Disabilities, the entry into force of the Lisbon Treaty had the following impacts :
· the old legal basis – Treaty/EC/Art.13, Art.26, Art.47(2), Art.55, Art.71(1), Art.80(2), Art.89, Art.93, Art. 95, Art. 285, Art. 300(2) first para and (3) first para. - became Art 19, Art 31, Art 53 (1), Art 62, Art 91 (1), Art 100(2), Art 109, Art 113, Art 114, Art 338, Art 218(6)(a) of the TFEU. Please note that the numbering of the old legal basis corresponds to the consolidated version of the Treaty that was applicable immediately before the entry into force of the Lisbon Treaty, and may differ from the references in the original Commission proposal ;
· the proposal, which had previously fallen under the old consultation procedure (CNS), was classified as an interinstitutional non-legislative procedure (NLE).
The European Parliament adopted by 396 votes to 2, with 9 abstentions, a legislative resolution approving unamended, under the consultation procedure, the proposal for a Council Decision concerning the conclusion, by the European Community, of the Optional Protocol to the United Nations Convention on the Rights of Persons with Disabilities.
The Committee on Employment and Social Affairs adopted the report drawn up by Rumiana JELEVA (EPP-ED, BG) on the proposal for a Council Decision concerning the conclusion, by the European Community, of the Optional Protocol to the United Nations Convention on the Rights of Persons with Disabilities, calling on the European Parliament to approve unamended, under the consultation procedure, the conclusion of the aforementioned Convention.
PURPOSE: to conclude, on behalf of the European Community, the UN Convention on the Rights of Persons with Disabilities.
PROPOSED ACT: Council Decision.
BACKGROUND: the UN Convention on the Rights of Persons with Disabilities and its Optional Protocol (see CNS/2008/0171 ) were adopted by the UN General Assembly on 13 December 2006. On the basis of negotiating directives adopted by the Council, the Commission conducted the negotiation of the Convention on behalf of the European Community, leading to this proposal for a Council Decision on the signing, on behalf of the European Community, of the United Nations Convention on the Rights of Persons with Disabilities and its Optional Protocol. The Council Decision dated 27 March 2007 ( ST07404/07 ) authorised the Community to sign the Convention on the Rights of Persons with Disabilities and issued a declaration on the Optional Protocol (Annex II of the Decision) stating that the Council of the European Union shall reconsider the question of signing the Optional Protocol to the Convention by the European Community as soon as possible. The Commission finally signed the Convention on 30 March 2007.
On 3 May 2008, the Convention and its Optional Protocol entered into force. Since the Optional Protocol has not yet been signed, its accession should be proposed. Two proposals, one for concluding the Convention, the other for acceding to the Optional Protocol, are therefore required.
CONTENT: the purpose of the Convention 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 for their inherent dignity.
Scope : the Convention applies to ‘persons with disabilities’, to be understood as those who have long-term physical, mental, intellectual or sensory impairments.
Principles : the principles of the Convention may be summarised as follows:
respect for inherent dignity, individual autonomy including the freedom to make one’s own choices, and independence of persons; non-discrimination; full and effective participation and inclusion in society; respect for difference and acceptance of persons with disabilities as part of human diversity and humanity; equality of opportunity; accessibility; equality between men and women; respect for the evolving capacities of children with disabilities and respect for the right of children with disabilities to preserve their identities.
In accordance with the Convention, States Parties undertake to ensure equal treatment for and non-discrimination of persons with disabilities as well as their equality before the law and the same legal protection as able-bodied persons against all forms of discrimination.
Specific provisions have also been established to take into consideration the many forms of discrimination of which women and girls with disabilities are victims, as well as to take into consideration the specific rights of children with disabilities .
Rights : in addition to non-discrimination, the Convention defends several other rights, including the right to:
accessibility : to enable persons with disabilities to live independently and participate fully in all aspects of life, States Parties shall take appropriate measures to ensure that persons with disabilities have access to the physical environment, to transportation, to information and communications, including information and communications technologies and systems, and to other facilities and services open or provided to the public (both in urban and in rural areas). These measures shall include the identification and elimination of obstacles and barriers to accessibility to buildings, roads, transportation and other indoor and outdoor facilities, including schools, housing, medical facilities, workplaces and emergency services; life : the Convention reaffirms that every human being has the inherent right to life and calls on State Parties to take all necessary measures to ensure its effective enjoyment by persons with disabilities on an equal basis with others.
Other rights set out in the Convention include the right to equal recognition before the law; access to justice; liberty and security of person; freedom from torture or cruel, inhuman or degrading treatment or punishment; freedom from exploitation, violence and abuse; integrity of the person; liberty of movement and nationality; live independently and be included in the community; personal mobility; freedom of expression and opinion and access to information; education; health; participate in political and public life (including the right to vote); participate in cultural life, recreation, leisure and sport. States are also called upon to respect the privacy of persons with disabilities and to ensure respect for home and the family (including the right of all persons with disabilities who are of marriageable age to marry and to found a family on the basis of free and full consent, and the right to retain their fertility).
Lastly, States are called upon to prohibit discrimination on the basis of disability with regard to all matters concerning all forms of employment , including conditions of recruitment, hiring and employment, continuance of employment, career advancement and safe and healthy working conditions. Persons with disabilities must also enjoy, on an equal basis with others, fair and favourable working conditions and a standard of life that includes adequate food, clothing and housing.
Legal basis and mixed powers of the EC and Member States : articles 13, 26, 47(2), 55, 71(1), 80(2), 89, 93, 95 and 285 in conjunction with the second sentence of the first paragraph of Article 300(2), and the first subparagraph of Article 300(3) of the Treaty establishing the European Community are chosen as the legal basis. This requires consultation of the European Parliament .
It is also important to note the application of the principle of subsidiarity to this text, owing to the mixed nature of the powers assigned by the UN Convention and its Optional Protocol. As both Community and Member States' powers are concerned, joint conclusion/ratification of the Convention by the Community and the Member States is required.
Lastly, note a declaration of the European Community on the competences transferred to the Community by the Member States: under the Treaty establishing the European Community, in the areas covered by the Convention, a series of powers are devolved to the Community to enable the implementation of the principles set out in the Convention. The declaration cites, in this case, the list of all Community texts applicable in this area. The only reservation of the European Community concerns Article 27.1 of the Convention regarding non-discrimination in employment. In accordance with Council Directive 2000/78/EC on equal treatment in employment and occupation, the Member States shall be given the possibility to provide that the Directive, in so far as it relates to discrimination on the grounds of disability, shall not apply to the armed forces.
PURPOSE: to conclude, on behalf of the European Community, the UN Convention on the Rights of Persons with Disabilities.
PROPOSED ACT: Council Decision.
BACKGROUND: the UN Convention on the Rights of Persons with Disabilities and its Optional Protocol (see CNS/2008/0171 ) were adopted by the UN General Assembly on 13 December 2006. On the basis of negotiating directives adopted by the Council, the Commission conducted the negotiation of the Convention on behalf of the European Community, leading to this proposal for a Council Decision on the signing, on behalf of the European Community, of the United Nations Convention on the Rights of Persons with Disabilities and its Optional Protocol. The Council Decision dated 27 March 2007 ( ST07404/07 ) authorised the Community to sign the Convention on the Rights of Persons with Disabilities and issued a declaration on the Optional Protocol (Annex II of the Decision) stating that the Council of the European Union shall reconsider the question of signing the Optional Protocol to the Convention by the European Community as soon as possible. The Commission finally signed the Convention on 30 March 2007.
On 3 May 2008, the Convention and its Optional Protocol entered into force. Since the Optional Protocol has not yet been signed, its accession should be proposed. Two proposals, one for concluding the Convention, the other for acceding to the Optional Protocol, are therefore required.
CONTENT: the purpose of the Convention 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 for their inherent dignity.
Scope : the Convention applies to ‘persons with disabilities’, to be understood as those who have long-term physical, mental, intellectual or sensory impairments.
Principles : the principles of the Convention may be summarised as follows:
respect for inherent dignity, individual autonomy including the freedom to make one’s own choices, and independence of persons; non-discrimination; full and effective participation and inclusion in society; respect for difference and acceptance of persons with disabilities as part of human diversity and humanity; equality of opportunity; accessibility; equality between men and women; respect for the evolving capacities of children with disabilities and respect for the right of children with disabilities to preserve their identities.
In accordance with the Convention, States Parties undertake to ensure equal treatment for and non-discrimination of persons with disabilities as well as their equality before the law and the same legal protection as able-bodied persons against all forms of discrimination.
Specific provisions have also been established to take into consideration the many forms of discrimination of which women and girls with disabilities are victims, as well as to take into consideration the specific rights of children with disabilities .
Rights : in addition to non-discrimination, the Convention defends several other rights, including the right to:
accessibility : to enable persons with disabilities to live independently and participate fully in all aspects of life, States Parties shall take appropriate measures to ensure that persons with disabilities have access to the physical environment, to transportation, to information and communications, including information and communications technologies and systems, and to other facilities and services open or provided to the public (both in urban and in rural areas). These measures shall include the identification and elimination of obstacles and barriers to accessibility to buildings, roads, transportation and other indoor and outdoor facilities, including schools, housing, medical facilities, workplaces and emergency services; life : the Convention reaffirms that every human being has the inherent right to life and calls on State Parties to take all necessary measures to ensure its effective enjoyment by persons with disabilities on an equal basis with others.
Other rights set out in the Convention include the right to equal recognition before the law; access to justice; liberty and security of person; freedom from torture or cruel, inhuman or degrading treatment or punishment; freedom from exploitation, violence and abuse; integrity of the person; liberty of movement and nationality; live independently and be included in the community; personal mobility; freedom of expression and opinion and access to information; education; health; participate in political and public life (including the right to vote); participate in cultural life, recreation, leisure and sport. States are also called upon to respect the privacy of persons with disabilities and to ensure respect for home and the family (including the right of all persons with disabilities who are of marriageable age to marry and to found a family on the basis of free and full consent, and the right to retain their fertility).
Lastly, States are called upon to prohibit discrimination on the basis of disability with regard to all matters concerning all forms of employment , including conditions of recruitment, hiring and employment, continuance of employment, career advancement and safe and healthy working conditions. Persons with disabilities must also enjoy, on an equal basis with others, fair and favourable working conditions and a standard of life that includes adequate food, clothing and housing.
Legal basis and mixed powers of the EC and Member States : articles 13, 26, 47(2), 55, 71(1), 80(2), 89, 93, 95 and 285 in conjunction with the second sentence of the first paragraph of Article 300(2), and the first subparagraph of Article 300(3) of the Treaty establishing the European Community are chosen as the legal basis. This requires consultation of the European Parliament .
It is also important to note the application of the principle of subsidiarity to this text, owing to the mixed nature of the powers assigned by the UN Convention and its Optional Protocol. As both Community and Member States' powers are concerned, joint conclusion/ratification of the Convention by the Community and the Member States is required.
Lastly, note a declaration of the European Community on the competences transferred to the Community by the Member States: under the Treaty establishing the European Community, in the areas covered by the Convention, a series of powers are devolved to the Community to enable the implementation of the principles set out in the Convention. The declaration cites, in this case, the list of all Community texts applicable in this area. The only reservation of the European Community concerns Article 27.1 of the Convention regarding non-discrimination in employment. In accordance with Council Directive 2000/78/EC on equal treatment in employment and occupation, the Member States shall be given the possibility to provide that the Directive, in so far as it relates to discrimination on the grounds of disability, shall not apply to the armed forces.
Documents
- Final act published in Official Journal: Decision 2010/48
- Final act published in Official Journal: OJ L 023 27.01.2010, p. 0035
- Results of vote in Parliament: Results of vote in Parliament
- Decision by Parliament: T6-0312/2009
- Debate in Parliament: Debate in Parliament
- Committee report tabled for plenary, 1st reading/single reading: A6-0229/2009
- Committee report tabled for plenary, 1st reading/single reading: A6-0229/2009
- Committee opinion: PE418.117
- Amendments tabled in committee: PE418.419
- Committee draft report: PE415.258
- Legislative proposal: COM(2008)0530
- Legislative proposal: EUR-Lex
- Legislative proposal published: COM(2008)0530
- Legislative proposal published: EUR-Lex
- Legislative proposal: COM(2008)0530 EUR-Lex
- Committee draft report: PE415.258
- Amendments tabled in committee: PE418.419
- Committee opinion: PE418.117
- Committee report tabled for plenary, 1st reading/single reading: A6-0229/2009
Activities
- Rumiana JELEVA
Plenary Speeches (2)
- 2016/11/22 United Nations Convention on the Rights of Persons with Disabilities - UN Convention on the Rights of Persons with Disabilities - Optional Protocol to the UN Convention on the Rights of Persons with Disabilities (debate)
- 2016/11/22 United Nations Convention on the Rights of Persons with Disabilities - UN Convention on the Rights of Persons with Disabilities - Optional Protocol to the UN Convention on the Rights of Persons with Disabilities (debate)
- Martine ROURE
- Manuel dos SANTOS
Plenary Speeches (2)
- 2016/11/22 United Nations Convention on the Rights of Persons with Disabilities - UN Convention on the Rights of Persons with Disabilities - Optional Protocol to the UN Convention on the Rights of Persons with Disabilities (debate)
- 2016/11/22 United Nations Convention on the Rights of Persons with Disabilities - UN Convention on the Rights of Persons with Disabilities - Optional Protocol to the UN Convention on the Rights of Persons with Disabilities (debate)
- Hiltrud BREYER
- Ilda FIGUEIREDO
- Bruno GOLLNISCH
Plenary Speeches (1)
- Richard HOWITT
- Filip KACZMAREK
- Elizabeth LYNNE
- Gay MITCHELL
Plenary Speeches (1)
- Elisabeth SCHROEDTER
History
(these mark the time of scraping, not the official date of the change)
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