Activities of Sandra PEREIRA related to 2023/0311(COD)
Shadow opinions (1)
OPINION on the proposal for a directive of the European Parliament and of the Council establishing the European Disability Card and the European Parking Card for persons with disabilities
Amendments (32)
Amendment 4 #
Proposal for a directive
Recital 6
Recital 6
(6) The purpose of the UNCRPD 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 of their inherent dignity, thus ensuring their full and effective participation and inclusion in society on an equal basis with others. In its article 6, the UNCRPD specifically recognises that women and girls with disabilities are subject to multiple discrimination, due in many cases to the intersection of gender and disability, which impacts all spheres of their life including their mobility experiences requiring State parties to “take measures to ensure the full and equal enjoyment by them of all human rights and fundamental freedoms” and ensure the full development, advancement and empowerment of women. Women with disabilities often face intersectional forms of discrimination, and thus EU legislation need to integrate an intersectional approach in order to properly address exclusion and discrimination from a comprehensive, systemic and structural perspective; EU Member States are bound by the UNCRPD, however there are significant differences between the countries’ implementation1a. There is a need to progress on equality for persons with disabilities in all countries, for example through investments in infrastructure, capacity building and awareness raising campaigns. The UNCRPD also recognises the importance of the need to take appropriate measures to ensure universal accessibility to persons with disabilities., as for instance to the ones with functional illiteracy mostly affecting women, especially in regards to the current directive, and to ensure that persons with disabilities enjoy personal mobility with the greatest possible independence. (6 a) It is necessary to acknowledge that women and girls with disabilities face increased risk of violence and abuse, including sexual abuse, and have heightened vulnerability on account of their sex, age and disability, (6 b) Figures clearly show that caregivers of disabled people are in their vast majority women and that therefore a gender sensitive approach has to be applied also when considering the caregivers side. __________________ 1a Implementing the UN Convention on the Rights of Persons with Disabilities, https://fra.europa.eu/sites/default/files/fra _uploads/fra-2023-uncrpd-human-rights- indicators_en.pdf
Amendment 4 #
Proposal for a directive
Recital 6
Recital 6
(6) The purpose of the UNCRPD 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 of their inherent dignity, thus ensuring their full and effective participation and inclusion in society on an equal basis with others. In its article 6, the UNCRPD specifically recognises that women and girls with disabilities are subject to multiple discrimination, due in many cases to the intersection of gender and disability, which impacts all spheres of their life including their mobility experiences requiring State parties to “take measures to ensure the full and equal enjoyment by them of all human rights and fundamental freedoms” and ensure the full development, advancement and empowerment of women. Women with disabilities often face intersectional forms of discrimination, and thus EU legislation need to integrate an intersectional approach in order to properly address exclusion and discrimination from a comprehensive, systemic and structural perspective; EU Member States are bound by the UNCRPD, however there are significant differences between the countries’ implementation1a. There is a need to progress on equality for persons with disabilities in all countries, for example through investments in infrastructure, capacity building and awareness raising campaigns. The UNCRPD also recognises the importance of the need to take appropriate measures to ensure universal accessibility to persons with disabilities., as for instance to the ones with functional illiteracy mostly affecting women, especially in regards to the current directive, and to ensure that persons with disabilities enjoy personal mobility with the greatest possible independence. (6 a) It is necessary to acknowledge that women and girls with disabilities face increased risk of violence and abuse, including sexual abuse, and have heightened vulnerability on account of their sex, age and disability, (6 b) Figures clearly show that caregivers of disabled people are in their vast majority women and that therefore a gender sensitive approach has to be applied also when considering the caregivers side. __________________ 1a Implementing the UN Convention on the Rights of Persons with Disabilities, https://fra.europa.eu/sites/default/files/fra _uploads/fra-2023-uncrpd-human-rights- indicators_en.pdf
Amendment 6 #
Proposal for a directive
Recital 15 a (new)
Recital 15 a (new)
(15 a) Whereas the personal assistant can include informal caregivers such as family members or take into account that women bear a disproportionate responsibility for the unpaid and paid care for disabled people, including female family members;
Amendment 6 #
Proposal for a directive
Recital 15 a (new)
Recital 15 a (new)
(15 a) Whereas the personal assistant can include informal caregivers such as family members or take into account that women bear a disproportionate responsibility for the unpaid and paid care for disabled people, including female family members;
Amendment 7 #
Proposal for a directive
Article 1 – paragraph 1 – subparagraph 1 (new)
Article 1 – paragraph 1 – subparagraph 1 (new)
(3a) Information and counselling services for women and girls with disabilities. (3b) specialised information service, assistance and support to women and girls with disabilities who are victims of violence.
Amendment 7 #
Proposal for a directive
Article 1 – paragraph 1 – subparagraph 1 (new)
Article 1 – paragraph 1 – subparagraph 1 (new)
(3a) Information and counselling services for women and girls with disabilities. (3b) specialised information service, assistance and support to women and girls with disabilities who are victims of violence.
Amendment 8 #
Proposal for a directive
Article 5 – paragraph 1 a (new)
Article 5 – paragraph 1 a (new)
1 a. Member States shall take all necessary measures to recognise all persons with disabilities who are holders of a European Disability Card to ensure mutual recognition of the card as means of protection against discrimination on the grounds of disability, with the consequent right of access throughout the EU to the remedies and mechanisms provided against breaches of rights and lack of effective equal treatment; in particular Member States shall ensure that the European Disability Card is equally accessible to people with disabilities regardless of their sex, gender, race, colour, ethnic or social origin, genetic features, language, religion or belief, political or any other opinion, membership of a national minority, property, birth, disability, age or sexual orientation.
Amendment 8 #
Proposal for a directive
Article 5 – paragraph 1 a (new)
Article 5 – paragraph 1 a (new)
1 a. Member States shall take all necessary measures to recognise all persons with disabilities who are holders of a European Disability Card to ensure mutual recognition of the card as means of protection against discrimination on the grounds of disability, with the consequent right of access throughout the EU to the remedies and mechanisms provided against breaches of rights and lack of effective equal treatment; in particular Member States shall ensure that the European Disability Card is equally accessible to people with disabilities regardless of their sex, gender, race, colour, ethnic or social origin, genetic features, language, religion or belief, political or any other opinion, membership of a national minority, property, birth, disability, age or sexual orientation.
Amendment 53 #
Proposal for a directive
Recital 6 a (new)
Recital 6 a (new)
(6 a) Article 6 recognises that women and girls with disabilities are subject to multiple discrimination, and State Parties are bound to ensure the full development, advancement and empowerment of women, as well as their full and equal enjoyment of human rights and fundamental freedoms.
Amendment 58 #
Proposal for a directive
Recital 7
Recital 7
(7) The European Pillar of Social Rights, proclaimed by the European Parliament, the Council and the European Commission at Gothenburg on 17 November 201740 provides that everyone, inter alia regardless of disability, has the right to equal treatment and opportunities regarding, among others employment, social protection, education, access to goods and services available to the public (principle 3).; and that equality of treatment and opportunities between women and men must be ensured and fostered in all areas (principle 2) In addition, the European Pillar of Social Rights recognises that persons with disabilities have the right to services that enable them to participate in society (principle 17). the labour market and in society, and a work environment adapted to their needs (principle 17). (1) The European Pillar of Social Rights also recognises that everyone has the right to timely access to affordable, preventive and curative healthcare of good quality (principle 16). _________________ 40 Interinstitutional Proclamation on the European Pillar of Social Rights, OJ C 428, 13.12.2017, p. 10.
Amendment 61 #
Proposal for a directive
Recital 10
Recital 10
(10) Due to the lack of recognition of disability status between Member States, persons with disabilities may face specific difficulties when exercising their fundamental rights of free movement, as well as of access to work, education and healthcare.
Amendment 65 #
Proposal for a directive
Recital 11 a (new)
Recital 11 a (new)
(11 a) An exemption shall be added to Art. 2.2 to allow for temporary recognition of ones’ disability status for the transition phase when moving abroad for work or studies, and while one is undergoing the reassessment procedure to have ones’ disability recognized by the new Member State. This exemption shall also apply to participants in EU Mobility Programmes, such as ERASMUS+ for example.
Amendment 69 #
Proposal for a directive
Recital 15
Recital 15
(15) Alongside physical and other barriers in accessing both public and private spaces, and services, high expenses are a key factor discouraging many persons with disabilities from travel48 , because they have specific needs and may also require person(s) accompanying or assisting them including those recognised as personal assistant(s) in accordance with national legislation or practices, making their travel costs higher than for persons without disabilities49 . The lack of recognition of disability status in other Member States might limit their access to special conditions, such as free access or reduced tariffs, or preferential treatment and has an impact on their travel costs, lives and choices. _________________ 48 Findings from Final Report based on Survey targeted at EU-level CSOs; Shaw and Coles, ‘Disability, holiday making and the tourism industry in the UK: a preliminary survey’, 25(3) Tourism Management (2004) 397-403; Eugénia Lima Devile and Andreia Antunes Moura (2021), Travel by People With Physical Disabilities: Constraints and Influences in the Decision-Making Process. 49 McKercher and Darcy (2018), Re- conceptualizing barriers to travel by people with disabilities, Tourism Management Perspectives, 59-66. [More for Explanatory Memorandum?]
Amendment 76 #
Proposal for a directive
Recital 24
Recital 24
(24) Examples of special conditions or preferential treatment include, among others, free access, reduced tariffs, reduced fees or user charges for toll roads/bridges/tunnels, priority access, designated seats in parks and other public areas, accessible seating in cultural or public events, personal assistance, assistance animals, assistance on the beach to enter the water, support (such as access to braille, audio guides, sign language interpretation), provisions of aids or assistance, loan of a wheelchair, loan of a floating wheelchair, obtaining tourist information in accessible formats, using a mobility scooter on roads or a wheelchair in bike lanes without a fine, etc. Parking conditions and facilities include extended parking or reserved parking spaces. With respect to passenger transport services, in addition to the special conditions or preferential treatment offered to persons with disabilities, in accordance with national legislation or practices, assistance animals, personal assistants or other persons accompanying or assisting persons with disabilities (or reduced mobility) may travel free of charge or be seated, where practicable next to the person with disabilities.
Amendment 77 #
Proposal for a directive
Recital 24 a (new)
Recital 24 a (new)
(24 a) Women and girls with disabilities are at an increased risk of violence and abuse. The special conditions and preferential treatment covered by this directive shall include all measures and services aimed at supporting, protecting and assisting women and girls with disabilities, including access to specialised support, legal assistance and healthcare.
Amendment 78 #
Proposal for a directive
Recital 24 b (new)
Recital 24 b (new)
(24 b) With respect to passenger transport services, in addition to the special conditions or preferential treatment offered to persons with disabilities, in accordance with national legislation or practices, assistance animals, personal assistants or other persons accompanying, assisting or travelling to care for persons with disabilities (or reduced mobility) may travel free of charge or be seated, where practicable next to the person with disabilities. It is imperative to take into account that women bear a disproportionate responsibility for the unpaid and paid care for disabled people, including female family members.
Amendment 81 #
Proposal for a directive
Recital 29 a (new)
Recital 29 a (new)
(29 a) In order to strengthen the proposal on the Parking Card and to make some concrete improvements for persons with disabilities, a new database shall be set up to inform persons with disabilities of the different parking rights and rules concerning disabled parking spaces in the different Member States and its regions, cities, and municipalities.
Amendment 88 #
Proposal for a directive
Article 2 – paragraph 1 – introductory part
Article 2 – paragraph 1 – introductory part
1. This Directive shall apply to parking conditions and facilities and to all situations where special conditions or preferential treatment are offered by private operators or public authorities to persons with disabilities and where provided, for person(s) accompanying or assisting them including their personal assistant(s), as regards access to the following services, activities and facilities:
Amendment 90 #
Proposal for a directive
Article 2 – paragraph 1 – indent 1 a (new)
Article 2 – paragraph 1 – indent 1 a (new)
– - public services, including education and healthcare;
Amendment 91 #
Proposal for a directive
Article 2 – paragraph 1 – indent 1 b (new)
Article 2 – paragraph 1 – indent 1 b (new)
– - specialised assistance and support to women and girls with disabilities victims of violence;
Amendment 97 #
Proposal for a directive
Article 2 – paragraph 2 – point c a (new)
Article 2 – paragraph 2 – point c a (new)
(c a) 3. Exceptions to paragraph 2 shall be made by Member States to ensure equal treatment and opportunities between national and other Europeans with disabilities: a) when a European Disability Card holder moves to the Member State with to a work contract or enrolment in an education institution until their disability is re-assessed in the national system, or b) when a European Disability Card holder participates in an EU Mobility Programme.
Amendment 104 #
Proposal for a directive
Article 3 – paragraph 1 – point d
Article 3 – paragraph 1 – point d
(d) “personal assistant” is a person accompanying or assisting persons with disabilities who is recognised in accordance with the national legislation or practices as such, including informal caregivers such as family members;
Amendment 108 #
Proposal for a directive
Article 4 – paragraph 1 – point a
Article 4 – paragraph 1 – point a
(a) Union cCitizens and family members of Union citizensof the Member-States of the European Union, their family members as well as third country nationals that have permanent residence status in a Member State of the European Union whose disability status is recognised by the competent authorities in the Member State of their residence by means of a certificate, a card or any other formal document issued in accordance with national competences, practices, and procedures, as well as, when applicable, to person(s) accompanying or assisting them including personal assistant(s),
Amendment 111 #
Proposal for a directive
Article 4 – paragraph 1 – point b
Article 4 – paragraph 1 – point b
(b) Union cCitizens and family members of Union citizensof the Member-States of the European Union, their family members as well as third country nationals that have permanent residence status in a Member State of the European Union whose rights to parking conditions and facilities reserved for persons with disabilities are recognised in their Member State of residence by way of a parking card or another document issued in accordance with national competences, practices, and procedures as well as, when applicable, to person(s) accompanying or assisting them including personal assistant(s).
Amendment 124 #
Proposal for a directive
Article 6 – paragraph 3 a (new)
Article 6 – paragraph 3 a (new)
3 a. Member States shall ensure that the European Disability Card is equally accessibly to people with disabilities regardless of their sex, socioeconomic background and migration status, among others.
Amendment 125 #
Proposal for a directive
Article 6 – paragraph 3 b (new)
Article 6 – paragraph 3 b (new)
3 b. The European Disability Card and its renewals shall be issued free of charge;
Amendment 126 #
Proposal for a directive
Article 6 – paragraph 4
Article 6 – paragraph 4
4. The European Disability Card shall be issued or renewed by the Member State of residence directly if such is the procedure according to the national disability recognition, or upon application by the person with disabilities. It shall be issued and renewed free of charge for the beneficiary and within the same period set in the applicable national legislation for issuing disability certificates, disability cards or any other formal document recognising the disability status of a person with disabilities. The card shall never be required as a proof of disability in the context of rights established in other Union legislation.
Amendment 131 #
Proposal for a directive
Article 6 – paragraph 5
Article 6 – paragraph 5
5. The European Disability Card shall be issued as a physical card and shall be complemented by a digital format upon adoption of the delegated acts referred to in paragraph 7. Persons with disabilities shall be given the option to use either the digital or physical card, or both. When applicable, the physical and digital cards shall be accompanied by different formats that adapt to the specific needs of their holders, such as braille.
Amendment 137 #
Proposal for a directive
Article 7 – paragraph 2 a (new)
Article 7 – paragraph 2 a (new)
2 a. Member States shall ensure that the European Disability Card is equally accessibly to people with disabilities regardless of their sex, socioeconomic background and migration status, among others.
Amendment 138 #
Proposal for a directive
Article 7 – paragraph 2 b (new)
Article 7 – paragraph 2 b (new)
2 b. The European Parking Card and its renewals shall be issued free of charge;
Amendment 142 #
Proposal for a directive
Article 7 – paragraph 6
Article 7 – paragraph 6
6. The European Parking Card for persons with disabilities shall be issued or renewed as a physical card and shall be complemented by a digital format upon adoption of the delegated acts referred to in paragraph 7. Persons with disabilities shall be given the option to use either the digital or physical card, or both. When applicable, the physical and / or digital cards shall be accompanied by different formats that adapt to the specific needs of their holders, such as braille.
Amendment 145 #
Proposal for a directive
Article 7 – paragraph 7 a (new)
Article 7 – paragraph 7 a (new)
7 a. The Commission shall set up a publicly available database that contains relevant information related to the applicable parking rules, conditions, and spaces as defined on local, regional, or national level. The database shall be available in all EU languages; Member States shall encourage public authorities to upload relevant information in the database.