Activities of Katrin LANGENSIEPEN related to 2022/2026(INI)
Plenary speeches (1)
Towards equal rights for persons with disabilities (debate)
Shadow opinions (1)
OPINION Towards equal rights for persons with disabilities
Amendments (71)
Amendment 1 #
Draft opinion
Citation 1
Citation 1
— having regard to Article 2 and Article 3 (3) of the Treaty on European Union (TEU), and Articles 2, 9, 10, 19 and 216(2) of the Treaty on the Functioning of the European Union (TFEU),
Amendment 2 #
Draft opinion
Citation 4
Citation 4
— having regard to the European Pillar of Social Rights, in particular principles 31, 2, 3, 4, 5, 6, 11, 14 and 17 thereof,
Amendment 4 #
Draft opinion
Citation 5
Citation 5
— having regard to the UN Convention on the Rights of Persons with Disabilities (CRPD), and its Optional Protocol, and its entry into force in the EU on 21 January 2011, in accordance with Council Decision 2010/48/EC of 26 November 2009 on the conclusion, by the European Community, of the UN Convention on the Rights of Persons with Disabilities,
Amendment 5 #
Draft opinion
Citation 5 a (new)
Citation 5 a (new)
Amendment 6 #
Draft opinion
Citation 6
Citation 6
— having regard to the concluding observations of the UN Committee on the Rights of Persons with Disabilities (CRPD Committee) of 2 October 2015 on the initial report of the European Union, , and the list of issues submitted by the UN CRPD Committee of 20 April 2022, prior to submission of the second and third periodic reports of the European Union,
Amendment 8 #
Draft opinion
Citation 6 a (new)
Citation 6 a (new)
— having regard to the Universal Declaration of Human Rights,
Amendment 10 #
Draft opinion
Citation 6 b (new)
Citation 6 b (new)
— having regard to the 2030 Agenda for Sustainable Development (UN 2030 Agenda) and its Sustainable Development Goals (SDGs),
Amendment 11 #
Draft opinion
Citation 6 c (new)
Citation 6 c (new)
— having regard to the UN Convention on the Elimination of All Forms of Discrimination against Women,
Amendment 12 #
Draft opinion
Citation 6 d (new)
Citation 6 d (new)
— having regard to the Council of Europe Convention on preventing and combating violence against women and domestic violence (Istanbul Convention),
Amendment 13 #
Draft opinion
Citation 6 d (new)
Citation 6 d (new)
— having regard to the European Convention for the Protection of Human Rights and Fundamental Freedoms,
Amendment 14 #
Draft opinion
Citation 6 f (new)
Citation 6 f (new)
— having regard to the Europe 2020 target relating to the fight against poverty and social exclusion,
Amendment 15 #
Draft opinion
Citation 6 g (new)
Citation 6 g (new)
— having regard to Council Directive 2000/43/EC of 29 June 2000 implementing the principle of equal treatment between persons irrespective of racial or ethnic origin,
Amendment 16 #
Draft opinion
Citation 6 h (new)
Citation 6 h (new)
— having regard to the regulations laying down the rules on the EU funding programmes under the multiannual financial framework, especially the European Social Fund (ESF), the Youth Employment Initiative (YEI), the European Regional Development Fund (ERDF), the European Agricultural Fund for Rural Development (EAFRD), the Erasmus programme, and the Just Transition Fund, which provide EU financial assistance for improving the situation of persons with disabilities,
Amendment 17 #
Draft opinion
Citation 7 a (new)
Citation 7 a (new)
— having regard to the Commission recommendation of 22 June 2018 on standards for equality bodies,
Amendment 21 #
Draft opinion
Citation 11
Citation 11
— having regard to the Commission communication of 3 March 2021 entitled ‘Union of Equality: Strategy for the Rights of Persons with Disabilities 2021-2030’ (COM(2021)0101), and in particular the six Flagship Initiatives,
Amendment 22 #
Draft opinion
Citation 11 a (new)
Citation 11 a (new)
— having regard to the Commission communication of 15 November 2010 entitled ‘European Disability Strategy 2010-2020: A renewed commitment to a barrier-free Europe’ (COM(2010)0636) (Disability Strategy),
Amendment 23 #
Draft opinion
Citation 11 b (new)
Citation 11 b (new)
— having regard to the Commission staff working document of 2 February 2017 entitled ‘Progress Report on the implementation of the European Disability Strategy 2010-2020’ (SWD(2017)0029),
Amendment 24 #
Draft opinion
Citation 11 c (new)
Citation 11 c (new)
— having regard to the Commission pilot project of 2013 on an EU disability card, and the Study assessing the implementation of the pilot action on the EU Disability Card and associated benefits,
Amendment 25 #
Draft opinion
Citation 11 d (new)
Citation 11 d (new)
— having regard to the European Economic and Social Committee opinion of 11 December 2019 ‘Shaping the EU agenda for disability rights 2020-2030’,
Amendment 26 #
Draft opinion
Citation 11 e (new)
Citation 11 e (new)
— having regard to the Commission staff working document of 27 November 2020 ‘Evaluation of the European Disability Strategy 2010-2020’ (SWD(2020)0291),
Amendment 27 #
Draft opinion
Citation 12 a (new)
Citation 12 a (new)
— having regard to the European Parliament resolution of 29 November 2018 on the situation of women with disabilities (2018/2685(RSP)),
Amendment 28 #
Draft opinion
Citation 14 a (new)
Citation 14 a (new)
— having regard to its report on the implementation of Council Directive 2000/78/EC establishing a general framework for equal treatment in employment and occupation in light of the UNCRPD (2020/2086(INI)),
Amendment 37 #
Draft opinion
Citation 14 b (new)
Citation 14 b (new)
— having regard to UN Convention on the Rights of the Child,
Amendment 42 #
Draft opinion
Citation 14 c (new)
Citation 14 c (new)
— having regard to its resolution of 22 April 2021 on the European Child Guarantee;
Amendment 44 #
Draft opinion
Citation 14 d (new)
Citation 14 d (new)
— having regard the Council Recommendation of Establishing a European Child guarantee,
Amendment 45 #
Draft opinion
Citation 14 e (new)
Citation 14 e (new)
— having regard to the Commission study of 15 September 2017 entitled ‘Inclusive education for learners with disabilities’,
Amendment 46 #
Draft opinion
Citation 14 f (new)
Citation 14 f (new)
— having regard to the Parliament’s resolutions of 7 October 2021 ‘Protection of PwD with disabilities through petitions: lessons learnt’ and of 8 July 2020 on the rights of persons with intellectual disabilities in the COVID-19 crisis,
Amendment 47 #
Draft opinion
Recital A
Recital A
A. whereas disability results from the interaction between persons who have long-term physical, mental, intellectual or sensory impairments and attitudinal and environmental barriers that hinder their full and effective participation in society on an equal basis with others; whereas disability is an evolving concept and a natural variation; whereas barriers can be attitudinal and environmental; whereas people with disabilities contribute to the diversity of human-kind and society whereas the CRPD prohibits discrimination on any ground, including that of disability, and recognises the rights of people with disabilities;
Amendment 62 #
Draft opinion
Recital B a (new)
Recital B a (new)
Ba. whereas people with disabilities continue to face multiple and intersectional discrimination and disadvantage based on their disability and their gender, race, ethnicity, age, religion or belief, sexual orientation, migration status or socioeconomic background, including their education level;
Amendment 68 #
Draft opinion
Recital B b (new)
Recital B b (new)
Bb. whereas people with disabilities have the right to full participation in the labour market and society but their fundamental rights are often withheld in the EU; whereas they are overwhelmingly excluded from the open labour market and denied their right to engage in work on an equal basis with others or face major difficulties in achieving equal access to and equal conditions of participating in the labour market;
Amendment 76 #
Draft opinion
Recital B c (new)
Recital B c (new)
Bc. whereas in the report on the Equal treatment in employment and occupation in light of the UNCRPD, the European Parliament revealed the shortcomings of the Council Directive 2000/78/EC establishing a general framework for equal treatment in employment and occupation;
Amendment 80 #
Draft opinion
Recital B d (new)
Recital B d (new)
Bd. whereas social protection policies are vital elements of national development strategies to reduce poverty and vulnerability across the life cycle and to support inclusive and sustainable growth; whereas targeted strategies to support the most vulnerable and marginalised persons with disabilities in our societies in order to leave no one behind, must be put in place; whereas social protection schemes often exclude people with disabilities from access to minimum income schemes and do not cover disability related costs;
Amendment 89 #
Draft opinion
Recital B e (new)
Recital B e (new)
Be. whereas 60% of the population of persons with disabilities are women and women with disabilities are two to five times more likely to be victims of violence than other women and face higher rates of unemployment, with only 20.7% being in full time employment (against to 28.6% of men with disabilities, and 48% of women without disabilities;
Amendment 91 #
Draft opinion
Recital B f (new)
Recital B f (new)
Bf. whereas poverty increases the risks of violence against women; whereas women faced with risks of poverty are more vulnerable and violence increases the risks of social exclusion; whereas the lack of economic resources creates dependency and deters women from leaving their abusers; whereas violence is one of the key reasons for women’s homelessness;
Amendment 94 #
Draft opinion
Recital B g (new)
Recital B g (new)
Bg. whereas women, in particular those in vulnerable situation and with a disability, such as young women, women with migration background, Romani women, women of religious or ethnic minorities as well as LBTIQ women, are at higher risks of poverty than men and other women; whereas they face additional and intersecting forms of discrimination when accessing education, healthcare, employment and social services and are thus exposed to a higher risk of poverty;
Amendment 97 #
Draft opinion
Recital B h (new)
Recital B h (new)
Bh. whereas fewer women are in full time employment than men (48% of women comparing to 64% of men) and marginalised women are even more excluded from full time employment, whereas only 20,7% of women with disabilities and 28,6% of men with disabilities are in full-time employment; whereas people with disabilities are systematically denied their right to work in the open labour market and are employed in sheltered workshops where they often do not have employee status, neither labour rights, nor a guaranteed minimum wage; whereas this is effectively a violation of both the UNCRPD and the Charter of Fundamental Rights;
Amendment 100 #
Draft opinion
Recital B i (new)
Recital B i (new)
Bi. whereas the UNCRPD rejects the medical model of disability and endorses the human and the socio-contextual model of disability instead; whereas the UNCRPD demands inclusive equality for people with disabilities; whereas ableist mindsets and the medical model of disability persist within society and public policy;
Amendment 102 #
Draft opinion
Recital B j (new)
Recital B j (new)
Bj. whereas a decade after the EU became party to the UNCRPD the level of institutionalisation remains unchanged and that across Europe, at least 1.4 million people are still confined to institutions—a number which has remained unchanged since the adoption of the convention;
Amendment 103 #
Draft opinion
Recital B k (new)
Recital B k (new)
Bk. whereas the issue of illegal and forced detentions as well as forced treatments in hospitals, especially psychiatric hospitals is closely linked to the problem of the prevailing of institution, deprivations of liberty and detentions against the will are occurring throughout Europe; whereas physical restraints, like straightjackets are commonly used;
Amendment 104 #
Draft opinion
Recital B l (new)
Recital B l (new)
Bl. whereas access to adequate housing for people with disabilities is often judged to be inadequate; whereas in most countries, disabled people depend on family support to rent an apartment and obtaining housing with one's own means can be impossible;
Amendment 105 #
Draft opinion
Recital B m (new)
Recital B m (new)
Bm. whereas according to the ENIL Independent Living survey from 2020, 24 out of 43 countries in the Council of Europe area do not have a deinstitutionalization strategy, and for the 18 countries which do have one, 88% of respondents describe the strategy either as inadequate or requiring improvement;
Amendment 106 #
Draft opinion
Recital B n (new)
Recital B n (new)
Bn. whereas 33 countries in the Council of Europe area provide some kind of personal assistance while 97% of respondents indicate that access is either requiring improvement or inadequate;
Amendment 107 #
Draft opinion
Recital B o (new)
Recital B o (new)
Bo. whereas only 29.4% of people with disabilities attain a tertiary degree compared to 43.8% of those without disabilities, and 52% of people with disabilities feel discriminated against;
Amendment 108 #
Draft opinion
Recital B p (new)
Recital B p (new)
Bp. whereas the COVID-19 pandemic has exacerbated existing obstacles and inequalities for all people with disabilities;
Amendment 109 #
Draft opinion
Recital B q (new)
Recital B q (new)
Bq. whereas the current legislative framework establishes no obligation for member states to designate an Equality Body to protect victims of discrimination on the ground of Disability;
Amendment 110 #
Draft opinion
Recital B r (new)
Recital B r (new)
Br. whereas in 2008 the Commission presented a proposal to extend beyond employment the protection from discrimination provided by Directive 2000/78 which prohibits discrimination based on disability, age, sexual orientation and religion or belief in the areas of employment and occupation; whereas the new Directive would make the principle of equality applicable to education, to access to goods and services and to social protection, including social security and health care; whereas this proposal has not been adopted yet and has been blocked within the Council for 13 years by now, where unanimity is required for its adoption;
Amendment 111 #
Bs. whereas all EU Members States ratified the United Nations Convention on the Rights oft he Child making it binding for them and whereas Article 3(3) of the Treaty of the European Union establishes the objective for the EU to promote protection of Children’s rights; whereas the EU Charter of Fundamental Rights guarantees the protection of the rights of the child by the EU institutions and by EU countries when they implement EU law; whereas the European Parliament with a strong majority voted on its Resolution on a European Child Guarantee strongly asking to ensure that all children have access to inclusive education from early childhood to adolescence, including for Romani children, children with disabilities, stateless and migrant children and those living in humanitarian emergency settings;
Amendment 112 #
Draft opinion
Recital B t (new)
Recital B t (new)
Bt. whereas it is generally acknowledged that persons with disabilities continue to face multiple and intersectional obstacles and discrimination in everyday life and that they do not enjoy the fundamental freedoms and rights laid down in the applicable EU and UN normative and legal frameworks, such as mutual recognition of disability status between Member States, access to public transport, accessibility of the built environment, use of sign languages, financing of and equal access to education and vocational training, access to personal assistance and community inclusion, equality in opportunity and treatment in employment and occupation;
Amendment 113 #
Draft opinion
Paragraph -1 (new)
Paragraph -1 (new)
-1. Emphasises that the human and the socio-contextual model of disability needs to be established as the framework in which society discusses disability and adapts disability support accordingly;
Amendment 118 #
Draft opinion
Paragraph 1
Paragraph 1
1. Highlights that persons with disabilities’ exercise of the right to work9 is closely linked to measures to tackle discrimination, poverty and obstacles in education, training, housing, care, support, personal mobility and the built environment; _________________ 9 Article 27 of the UNCRPD.
Amendment 120 #
Draft opinion
Paragraph 1 – subparagraph 1 (new)
Paragraph 1 – subparagraph 1 (new)
Asks the European Labour Authority to work with national labour inspectorates to implement existing legislation; recommends that labour inspectors access public and private employers to ensure compliance with occupational rights for people with disabilities;
Amendment 124 #
Draft opinion
Paragraph 1 a (new)
Paragraph 1 a (new)
1a. Calls on the Commission to start the revision of the Employment Equality Directive as soon as possible with a view to fully harmonising it with the provisions of the UNCRPD and implementing a participatory process aimed at ensuring the direct and full involvement of representative organisations of persons with disabilities;
Amendment 139 #
Draft opinion
Paragraph 2
Paragraph 2
2. Believes that income support schemes- and disability-related assistance are complementary in promoting the effective participation of persons with disabilities in the labour market; calls, therefore, on Member States to unbundle income- and disability-related assistance10 ; points out that wages are not a substitution for the coverage of the costs related to disabilities; calls, therefore, on Member States to unbundle income support schemes- and disability-related assistance, to ensure that assistance eligibility rules are as inclusive as possible and to work to eliminate known and hidden poverty traps in social protection systems that sometimes hinder access to work due to loss of assistance when in employment; _________________ 10 UN Special Rapporteur on the rights of persons with disabilities, ‘Report of the Special Rapporteur on the rights of persons with disabilities’, presented to the 70th session of the UN General Assembly, August 2015.
Amendment 147 #
Draft opinion
Paragraph 2 – subparagraph 1 (new)
Paragraph 2 – subparagraph 1 (new)
Regrets that the lack of accessible and affordable housing is considered to be a large barrier to independent living; recalls that people with disabilities must be permitted to live as independently as everyone else; underlines that segregating people with disabilities whether at work or in other areas of life creates stigmatisation and discrimination;
Amendment 150 #
Draft opinion
Paragraph 2 a (new)
Paragraph 2 a (new)
2a. Urges the EU Member states to speed up deinstitutionalisation; calls on the Member States to include specific targets with a defined timeframe in their deinstitutionalisation strategies, to adequately finance them and to develop mechanisms to ensure effective coordination between relevant authorities across different administrative sectors and levels Underlines that community-based, independent, living- must be strengthened and achieved as alternative to institutional frameworks as according to the CRPD General comment No. 5 (2017) on living independently and being included in the community;
Amendment 159 #
Draft opinion
Paragraph 2 b (new)
Paragraph 2 b (new)
2b. Urges the EU Member States to overcome the inadequacy of legal frameworks and budget allocations aimed at providing personal assistance and individualized support; taking into account standards of decent employment and sufficient funding;
Amendment 161 #
Draft opinion
Paragraph 2 c (new)
Paragraph 2 c (new)
2c. Points out the need to reform social protection systems to ensure social inclusion of people with disabilities; emphasis that social protection needs to be universal, and reminds that social protection systems needs to take into account the diversity of disability as different impairments might entail different support needs and, therefore, asks for adequate financial supports that is provided irrespective of the employment status (or the individual or their household income) and without discrimination on the basis of age, where a person lives or other reasons;
Amendment 164 #
Draft opinion
Paragraph 2 d (new)
Paragraph 2 d (new)
2d. Welcomes the agreement reached for the Directive on Minimum Wages, which will ensure a decent standard of living for workers, including those with disabilities. Recalls that the principle of equal pay for work of equal value should be respected, and that intersectional discrimination for women with disabilities is a reality in the work place. Welcomes the Directive proposal on Pay Transparency and calls on the Member States to ensure no-discrimination for women with Disabilities;
Amendment 170 #
Draft opinion
Paragraph 3
Paragraph 3
3. Notes that the COVID-19 crisis has fostered remote work and that teleworking could help increase the employment of persons with disabilities as a form of disability accommodation and a tool to achieve greater work-life balance and reduce pain- and fatigue-related barriers to the labour market; cautions, however, against the use of teleworking by employers to avoid making reasonable accommodations or creating inclusive workplace cultures for workers with disabilities11 ; and to avoid addressing the possible negative impact on social inclusion of such workers 11; _________________ 11 Schur, L.A., Ameri, M. & Kruse, D. ‘Telework After COVID: A ‘Silver Lining’ for Workers with Disabilities?’, J Occup Rehabil 30, pp. 521–536, 6 November 2020. https://doi.org/10.1007/s10926-020- 09936-5
Amendment 173 #
Draft opinion
Paragraph 3 – subparagraph 1 (new)
Paragraph 3 – subparagraph 1 (new)
Notes that reasonable accommodation literacy should be increased for private and public employers, by public authorities to ensure duty bearers have the tools to employ, support and retain workers with disabilities;
Amendment 197 #
Draft opinion
Paragraph 4 a (new)
Paragraph 4 a (new)
4a. Welcomes and supports the European Commission legal initiative for binding standards for Equality Bodies that will be published in September 2022 and encourages Member states to extend the mandate of Equality Bodies to protect victims of discrimination based on disability;
Amendment 202 #
Draft opinion
Paragraph 4 b (new)
Paragraph 4 b (new)
4b. Highlights that harassment at work, including sexual harassment and retaliation for speaking up, hinders access to work and employment, job retention and equal career paths, in particular for women with disabilities, and therefore calls Member States to take specific actions to prevent, combat and sanction harassment against persons with disabilities; in this context, welcomes the Proposal for a Directive on combating violence against women and domestic violence;
Amendment 216 #
Draft opinion
Paragraph 4 c (new)
Paragraph 4 c (new)
4c. Stresses that the low activity rate of persons with disabilities is, as well, a huge obstacle hindering socioeconomic inclusion which must be improved by European and national programmes aiming at the activation and training of persons left outside the labour market;
Amendment 221 #
Draft opinion
Paragraph 4 d (new)
Paragraph 4 d (new)
4d. Notes that the lack of recognition of disabilities and the associated benefits and social protection rights between Member States is a barrier for the freedom of movement in relation to employment and education; calls on the Commission and Member States to propose an ambitious European Disability Card that supports mutual recognition of disability across the EU;
Amendment 226 #
Draft opinion
Paragraph 4 e (new)
Paragraph 4 e (new)
4e. Calls on the Member States to ensure that full use is made of the European Social Fund (ESF+), the Youth Employment Initiative (YEI), the European Regional Development Fund (ERDF), the European Agricultural Fund for Rural Development (EAFRD), the Erasmus programme, and the Just Transition Fund, which provide EU financial assistance for improving the situation of persons with disabilities; Stresses the crucial role of all European funds and programmes in the social area, particularly the European Globalisation Adjustment Fund for Displaced Workers , the Just Transition Fund, the Recovery and Resilience Facility and the Asylum, Migration and Integration Fund; calls on the Member States to ensure that the most vulnerable groups, including young women, women with disabilities, women with migration background, Romani women, women of religious or ethnic minorities as well as LBTIQ women are specifically targeted in the designing and planning of the national plans and the implementation of funded projects; reminds the Members States that all EU- funded projects must comply with EU law, including the Charter of Fundamental Rights, as well as the UN Convention on the Rights of Persons with Disabilities (UNCRPD);
Amendment 234 #
Draft opinion
Paragraph 4 f (new)
Paragraph 4 f (new)
4f. Calls on Member States to provide legal frameworks and long-term financial support to programmes and services proven to be effective in supporting the long-term labour market integration of persons with disabilities; suggest to commission research into models and programmes where an evidence-base does not yet exist, as well as fund innovation in service provision;
Amendment 238 #
Draft opinion
Paragraph 4 g (new)
Paragraph 4 g (new)
4g. Calls on the European Court of Auditors to assess the performance of EU programmes, with special emphasis on education and employment programmes, for example the European Social Fund Plus (ESF+), the Youth Employment Initiative (YEI), the European Regional Development Fund (ERDF), and Erasmus+, in a thorough manner; as they often times fail to reach out to the most deprived groups, including persons with disabilities;
Amendment 241 #
Draft opinion
Paragraph 4 h (new)
Paragraph 4 h (new)
4h. Points out that the inclusion of disadvantaged groups and people with disabilities in education and training has been a strong demand by the Parliament in the past years, including through the full integration of the disability-rights perspective in all aspects of Erasmus+ and in synergies with other relevant EU funds such as the Youth Guarantee ; Reminds of the Commitments made at the Porto Social Summit on the reduction of poverty and social exclusion, and on the acquisition of skills and on job creation;
Amendment 245 #
Draft opinion
Paragraph 4 i (new)
Paragraph 4 i (new)
4i. Calls on the Commission and Member States to include in the final work programmes and national operational programmes clear objectives and measures to improve the living and working conditions of persons with disabilities, while respecting the principles of accessibility and non-discrimination, and investing in equal opportunities and the participation of persons with disabilities in all areas of life, including in supporting the transition from institutional to community-based living; asks the Commission to monitor closely the use of EU funds in line with the CRPD;
Amendment 247 #
Draft opinion
Paragraph 4 j (new)
Paragraph 4 j (new)
4j. Calls on the Council to unblock the negotiations on the proposed horizontal anti-discrimination directive without any further delay and move towards an agreement, thereby extending the protection to persons with disabilities in all spheres where EU and national legislation could have a positive influence on persons with disabilities;
Amendment 248 #
Draft opinion
Paragraph 4 k (new)
Paragraph 4 k (new)
4k. Calls on the Members States to bring forward strong multi-annual national strategies for tackling child poverty and social exclusion and Child Guarantee national action plans accordingly, that also ensure inclusive education; calls on the Member States to guarantee the right and access to education for every child and to establish structures of inclusive education, face-to- face or digital when needed, from early childhood to adolescence, including for Romani children, children with disabilities, stateless and migrant children and those living in humanitarian emergency settings; and irrespectively of special circumstances such as Pandemics like COVID 19;