Activities of Michela GIUFFRIDA related to 2017/2127(INI)
Shadow opinions (1)
OPINION on implementation of the European Disability Strategy
Amendments (42)
Amendment 3 #
Draft opinion
Paragraph 1
Paragraph 1
1. Recalls that the Committee on Petitions (PETI) receives a considerable number of petitions each year referring to the difficulties encountered by people with disabilities across the EU in relation to all areas identified in the European Disability Strategy, in particular access to work and employment, education and transport, and participation in political, public and cultural life; stresses, in particular, that discrimination represents the main obstacle for the implementation of the European Disability Strategy and the protection of rights, since it touches transversely all areas identified in the strategy;
Amendment 4 #
Draft opinion
Paragraph 1 a (new)
Paragraph 1 a (new)
1 a. Notes that the EU leads the way in the ratification of human rights treaties, and that Articles 21 and 26 of the EU Charter of Fundamental Rights reaffirm the principle of non-discrimination; calls on all Member States to ratify the UNCRPD and sign the Protocol;
Amendment 5 #
Draft opinion
Paragraph 1 a (new)
Paragraph 1 a (new)
1 a. Stresses the centrality of the UNCRPD as a tool for the protection of human rights, in particular for people with disabilities that represent a particularly vulnerable category;
Amendment 6 #
Draft opinion
Paragraph 1 b (new)
Paragraph 1 b (new)
1 b. In accordance with the UNCRPD and in line with the UN Convention on the Rights of the Child, calls on the Commission to pay particular attention to children with disabilities;
Amendment 11 #
Draft opinion
Paragraph 2 a (new)
Paragraph 2 a (new)
2 a. Recognises the UNRCPD's role as an instrument to guarantee human rights with a social dimension, seeking to ensure that persons with disabilities enjoy all human and fundamental rights which are so often violated and which need greater protection;
Amendment 12 #
Draft opinion
Paragraph 2 b (new)
Paragraph 2 b (new)
2 b. Following the recommendations of the first UN assessment of the UNCRPD, calls on the European Commission to establish an independent instrument for the monitoring and review of the Convention, as well as an inter- institutional coordination mechanism, and promote the creation of local information points and agencies in each Member State, which should be permanent;
Amendment 13 #
Draft opinion
Paragraph 3
Paragraph 3
3. Emphasises, in particular, that accessibility is a core principle of the UNCRPD, and a precondition for the exercise of other rights enshrined in the Convention; underlines that a consistent number of petitions encountered by European citizens complains about the lack of accessibility or the presence of architectural barriers; stresses that the right to accessibility, as defined in Article 9 of the UNCRPD, must be implemented in a comprehensive manner to ensure that persons with disabilities can access their environment, transportation, public facilities and services, as well as information and communications technologies;
Amendment 16 #
Draft opinion
Paragraph 3 a (new)
Paragraph 3 a (new)
3 a. Notes that with regard to Article 4 of the UNCRPD, efforts should be made to modify European and Member States' disability legislation to ensure full harmonisation in all areas; emphasizes that important measures include the setting up of a single EU classification and scale;
Amendment 17 #
Draft opinion
Paragraph 3 b (new)
Paragraph 3 b (new)
3 b. Calls on the Commission to ensure high-quality inclusive education in European schools from an early age, with a preventive approach and vision of disability, in line with UNCRPD requirements on multidisciplinary assessment of individual needs, the non- exclusion of children with disabilities, as well as the provision of adequate reasonable accommodation;
Amendment 20 #
Draft opinion
Paragraph 4 a (new)
Paragraph 4 a (new)
4 a. Calls on the Commission and the Member States to strengthen their commitment to the harmonization of legislation on disability; emphasizes that such harmonization should aim at promoting and improving the quality of life of people with disabilities within the Member States, such as the recognition of the status, rights, aid;
Amendment 21 #
Draft opinion
Paragraph 4 a (new)
Paragraph 4 a (new)
4 a. Notes that in accordance with the UN recommendations, disability organisations should be involved at every stage of the decision-making process; recalls that a structured dialogue should be established with persons with disabilities;
Amendment 22 #
Draft opinion
Paragraph 4 b (new)
Paragraph 4 b (new)
4 b. Calls on the Commission to draft a report on the impact for persons with disabilities of the main EU policies and investment funds, and to ensure the involvement of disability organisations in their design, especially where the Structural Funds are concerned;
Amendment 23 #
Draft opinion
Paragraph 4 c (new)
Paragraph 4 c (new)
4 c. 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; measures should be taken to promote access to structural funds for disability support services, especially those serving children and families and those aimed at preventing institutionalisation;
Amendment 25 #
Draft opinion
Paragraph 5 a (new)
Paragraph 5 a (new)
5 a. Persons with disabilities must be provided with information concerning their rights and full participation in all policies and measures that might affect them, including a complaints mechanism, and priority should be given to the participation of children with disabilities and, where these exist, organisations for persons with disabilities;
Amendment 26 #
Draft opinion
Paragraph 5 a (new)
Paragraph 5 a (new)
5 a. Notes that in Europe, 30% of people with disabilities are at risk for poverty or social exclusion, and that there is a net gap between the employment rates of the disabled (48.7%) and other people (72.5%); in light of the above, stresses the importance of a global work and employment strategy;
Amendment 27 #
Draft opinion
Paragraph 5 b (new)
Paragraph 5 b (new)
5 b. Underlines that children with disabilities encounter specific problems, and stresses that efforts should be made to eliminate all kinds of obstacles and barriers enabling them to achieve full autonomy and enjoy equal opportunities; considers it crucial, therefore, that they be involved in shaping the policies that affect them; to this end, encourages the adoption of instruments to enable children with disabilities to make their views known and to ensure their involvement;
Amendment 28 #
Draft opinion
Paragraph 5 b (new)
Paragraph 5 b (new)
5 b. Stresses that to this end, adequate social support must be provided to people with disabilities and that access to justice, adequate care, and health protection should always be at the heart of this action;
Amendment 29 #
Draft opinion
Paragraph 5 c (new)
Paragraph 5 c (new)
5 c. Recalls that the rights established in the Treaties and EU law, such as access to justice, goods and services, including banking and employment, health care and the right to vote, must be ensured for persons with disabilities deprived of their legal capacity; notes that efforts should be made to promote the collection of data, the exchange of good practices and consultation with the representatives of disability organisations, in accordance with article 12 of the UNCRPD; emphasises that restrictive interpretations in Member State legislation of safeguards in respect of the right to vote should be revised where these prevent persons with psychosocial disabilities from exercising this right in accordance with article 29 of the UNCRPD;
Amendment 30 #
Draft opinion
Paragraph 5 c (new)
Paragraph 5 c (new)
5 c. Stresses that a poor level of education can be the source of social exclusion and that only 27.8% of people with disabilities have completed higher studies; recalls that the right to study, a good level of education, and access to schools and universities should not be subject to discrimination and should be adequately guaranteed and promoted;
Amendment 31 #
Draft opinion
Paragraph 5 d (new)
Paragraph 5 d (new)
5 d. Underlines that European institutions should ensure and implement the accessibility of IT documents and services to people with disabilities;
Amendment 32 #
Draft opinion
Paragraph 5 e (new)
Paragraph 5 e (new)
5 e. Stresses that the public administrations of the Member States, and in particular local authorities, which are closer to the citizen and their daily needs, should ensure the maximum accessibility of their services, documents and practices to people with disabilities; underlines that such measures should also involve the services provided via the Internet and web pages;
Amendment 35 #
Draft opinion
Paragraph 6 a (new)
Paragraph 6 a (new)
6 a. Notes that the freedom of movement for European citizens must be guaranteed for persons with disabilities, to which end Member States must ensure mutual recognition of their situation and social rights pursuant to article 18 of the UNCRPD; stresses that people with disabilities should be able to travel beyond the borders of their own countries and enjoy the benefits of having access to culture, transport and sport; notes that other benefits should be examined and their mutual recognition promoted;
Amendment 36 #
Draft opinion
Paragraph 6 a (new)
Paragraph 6 a (new)
6 a. Recalls the role of the Disability Intergroup of the European Parliament for the implementation of the European Disability Strategy, in accordance with the UN Convention, as a platform that brings together European and national MPs, organization and civil society representatives, both at national and local level; notes that the Intergroup is a privileged forum to encourage discussions and debates in order to ensure the implementation of the strategy;
Amendment 38 #
Draft opinion
Paragraph 6 b (new)
Paragraph 6 b (new)
6 b. Stresses that persons with disabilities should be afforded access to free justice, and that their economic situation should therefore not present any barrier to such access;
Amendment 39 #
Draft opinion
Paragraph 6 b (new)
Paragraph 6 b (new)
6 b. Calls for stronger political participatory channels of disabled organizations in order to reach their full participation in decision-making;
Amendment 40 #
Draft opinion
Paragraph 6 c (new)
Paragraph 6 c (new)
6 c. Emphasizes the centrality of maximum mobility and accessibility as guidelines to be implemented and followed in the framework of the implementation of the European Disability Strategy;
Amendment 41 #
Draft opinion
Paragraph 6 c (new)
Paragraph 6 c (new)
6 c. The Digital Single Market Strategy should be implemented in such a way as to ensure full access to all aspects of it for persons with disabilities;
Amendment 42 #
Draft opinion
Paragraph 6 d (new)
Paragraph 6 d (new)
6 d. Notes that the transversal nature of mobility and accessibility makes them indispensable points for full enjoyment of a wide range of freedoms and rights, such as the possibility of traveling and moving to the Member States, the right to culture and the right to sport;
Amendment 43 #
Draft opinion
Paragraph 6 d (new)
Paragraph 6 d (new)
6 d. Calls on the European institutions to ensure that all of their web pages and documents are accessible to persons with sensory disabilities;
Amendment 44 #
Draft opinion
Paragraph 6 e (new)
Paragraph 6 e (new)
6 e. Stresses that legal capacity is crucial to maintaining personal autonomy, so that any restriction of this and representation by legal guardians must be established on the basis of clear criteria harmonised at EU level, with periodic review of the need for such longer-term legal representation and of the suitability of the legal guardian concerned;
Amendment 45 #
Draft opinion
Paragraph 6 e (new)
Paragraph 6 e (new)
6 e. Considers that a significant number of people with disabilities are not fully aware of their rights and of the ways in which they can enjoy them; calls on the Commission to launch, as first step, a wide-ranging information campaign on the rights of people with disabilities, to promote a full knowledge and awareness;
Amendment 46 #
Draft opinion
Paragraph 6 f (new)
Paragraph 6 f (new)
6 f. Emphasises that most of the petitions submitted by European citizens' concern the difficulties in the application procedures, in recognition and late payments of invalidity pensions by the administration; underlines that the implementation of the European Disability Strategy and its social protection area should pay special attention to these issues, in accordance with Article 28 of the UNCRPD on the adequate levels of living and social protection;
Amendment 47 #
Draft opinion
Paragraph 6 f (new)
Paragraph 6 f (new)
6 f. Emphasises that the necessary social support should be provided to ensure that persons with disabilities can exercise their rights and enjoy full autonomy, in particular persons with psychosocial disabilities; notes in this regard, that the institutionalisation of such people should be avoided and steps should be taken to ensure that they are not subjected to treatment without their consent;
Amendment 48 #
Draft opinion
Paragraph 6 g (new)
Paragraph 6 g (new)
6 g. Notes that persons with disabilities must be ensured non-discriminatory access to health and care systems, with all due attention paid to the difficulties that might arise when treating such patients; stresses in particular that non- discriminatory access must be ensured to sexual and reproductive health care, and that under no circumstances should sterilisation or abortion be imposed against a person's will; notes that health care systems should moreover ensure the detection, reporting and prevention of sexual violence and/or abuse;
Amendment 49 #
Draft opinion
Paragraph 6 g (new)
Paragraph 6 g (new)
6 g. Calls on the Commission to formulate policies and programs specifically targeted at children with disabilities; stresses that such policies should not only focus on removing architectural barriers and obstacles to mobility, but also combating social exclusion, as well as promoting and guaranteeing equal opportunities;
Amendment 50 #
Draft opinion
Paragraph 6 h (new)
Paragraph 6 h (new)
6 h. Notes that the informed consent of persons with disabilities must be sought for all medical interventions requiring it, and that all necessary measures must therefore be in place to ensure that these persons can access and understand the relevant information; stresses that this consent must be given personally, in advance and in full knowledge of the facts, with all necessary mechanisms to ensure that these principles are complied with; notes that similar, appropriate measures must also be taken in regard to persons with psychosocial disabilities;
Amendment 51 #
Draft opinion
Paragraph 6 h (new)
Paragraph 6 h (new)
6 h. Calls on the Commission to strengthen its commitment in favour of parents and caregivers of people with disabilities throughout programs and policies; stresses the need for a European juridical framework in order to clarify the status of these people, ensuring the protection of rights and access to a normal life;
Amendment 52 #
Draft opinion
Paragraph 6 i (new)
Paragraph 6 i (new)
6 i. Notes that health insurance schemes must not discriminate against persons with disabilities;
Amendment 53 #
Draft opinion
Paragraph 6 j (new)
Paragraph 6 j (new)
6 j. Notes that the impact of the cross border health directive on persons with disabilities should be assessed;
Amendment 54 #
Draft opinion
Paragraph 6 k (new)
Paragraph 6 k (new)
6 k. Underlines that inequality is especially evident in employment, as some 48% of persons with disabilities in the EU are employed and only 27.8% have completed a higher education course, meaning that persons with disabilities are more at risk of living in poverty; calls on the Commission to undertake a horizontal assessment of the impact of all its policies for the employment of persons with disabilities, and especially European employment policy;
Amendment 55 #
Draft opinion
Paragraph 6 l (new)
Paragraph 6 l (new)
6 l. Notes that the air and maritime transport regulations should be revised to ensure that no form of discrimination, physical or economic, can be practised against passengers with disabilities, and that all obstacles are removed in this regard;
Amendment 56 #
Draft opinion
Paragraph 6 m (new)
Paragraph 6 m (new)
6 m. Stresses that the UN recommendation on the need to ensure a gender perspective in all disability policies should be taken up, and in particular policies seeking to combat gender violence; calls for targeted action to promote the empowerment of women with disabilities as well as for the development of a specific gender strategy for women with disability;