12 Amendments of Marian HARKIN related to 2008/0140(CNS)
Amendment 28 #
Proposal for a directive
Recital 9 a (new)
Recital 9 a (new)
(9a) Persons with disabilities include those who have long-term physical, mental, intellectual or sensory impairments which in interaction with attitudinal or environmental barriers may hinder their full and effective participation in society on an equal basis with others.
Amendment 29 #
Proposal for a directive
Recital 9 a (new)
Recital 9 a (new)
(9a) Effective non-discriminatory access can be provided by a variety of means, including through 'design for all' and through facilitating the use of assistive devices by persons with disabilities, including aids to mobility and access, such as recognised guide dogs and other assistance dogs.
Amendment 42 #
Proposal for a directive
Recital 18
Recital 18
(18) Member States are, being responsible for the organisation and content of education, shall ensure adequate protection against discrimination in the field of education. The Commission Communication on competences for the 21st Century: An Agenda for European Cooperation on Schools draws attention to the need for special attention to be paid to disadvantaged children and those with special educational needs. In particular national law may provide for differences in access to educational institutions based on religion or belief. Member States may also allow or prohibit the wearing or display of religious symbols at school.
Amendment 61 #
Proposal for a directive
Article 2 - paragraph 7
Article 2 - paragraph 7
7. Notwithstanding paragraph 2, in the provision of financial services Member States may permit proportionate differences in treatment where, for the product in question, the use of age or disability is a key factor in the assessment of risk based on relevant and accurate actuarial or statistical data. The Member States concerned shall inform the Commission and ensure that accurate data relevant to use of age and disability as a determining actuarial factor are compiled, published and regularly updated. Such Member States shall review their decision five years after transposition of this Directive.
Amendment 66 #
Proposal for a directive
Article 2 - paragraph 7 a (new)
Article 2 - paragraph 7 a (new)
7a. Member States shall ensure, in the case of compulsory financial services, where the product in question is required by law, that a person can not be refused access to such a service on the grounds of their age or disability except where it can be justified by a legitimate aim or if to provide such a service would be contrary to the public interest;
Amendment 85 #
Proposal for a directive
Article 4 - paragraph 1 - point a
Article 4 - paragraph 1 - point a
(a) The measures necessary to enable persons with disabilities to have effective non-discriminatory access to social protection, social advantages, health care, education and access to and supply of goods and services which are available to the public, including housing and transport, shall be provided by anticipation, including through appropriate modifications or adjustments. Such measures should not impose a disproportionate burden, nor require fundamental alteration of the social protection, social advantages, health care, education, or, telecommunication and electronic communications, information including information provided in accessible formats, financial services, culture and leisure, buildings open to the public, transport modes and other public spaces and facilities, shall be provided by anticipation, including through appropriate modifications or adjustments. Where discrimination arises from practice, policy or procedure, measures need to be taken so that it no longer has that effect. Such measures should not impose a disproportionate burden, nor require fundamental alterations to the nature of the goods, services, trade, profession or business in question. An alteration is fundamental if it alters the goods andor services in question or require the provision of alternatives theretoor the nature of the trade, profession or business to the extent that the provider of the goods or services is effectively providing a completely different kind of goods or services.
Amendment 90 #
Proposal for a directive
Article 4 - paragraph 1 - point b a(new)
Article 4 - paragraph 1 - point b a(new)
(ba) For the purposes of paragraph 1, effective non-discriminatory access involves the identification and elimination of obstacles and barriers, whether attitudinal or environmental, and the prevention of new obstacles and barriers that hamper the access of persons with disabilities to goods, services and facilities available to the general public, irrespective of the nature of the obstacle, barrier or disability. Subject to the provisions of this Directive, and regardless of the measures chosen to remove the obstacles or barriers, effective non-discriminatory access for persons with disabilities must be provided under the same terms and conditions as for persons without disabilities wherever possible, and the use of assistive devices by persons with disabilities facilitated, including aids to mobility and access, such as recognised guide dogs and other assistance dogs wherever necessary. Where effective non-discriminatory access cannot be provided under the same terms and conditions, and subject to the provisions of this Directive, a meaningful alternative to ensure access must be provided.
Amendment 93 #
Proposal for a directive
Article 4 - paragraph 3
Article 4 - paragraph 3
3. This Directive shall be without prejudice to the provisions of Community law or national rules covering the accessibility of particular goods or services. However, wherever possible, Member States shall take measures to encourage providers of services and goods, in particular manufactured goods, to design accessible solutions, for instance through public procurement practices. Accessible products and services are those designed so that they can be used by all users.
Amendment 97 #
Proposal for a directive
Article 9 a (new)
Article 9 a (new)
Article 9a Assessment of alleged discrimination 1. Where an individual alleges that he or she has been the victim of multiple discrimination on the grounds of two or more of the characteristics referred to in Article 13 of the EC Treaty, the judicial or administrative authority shall compare the individual alleging discrimination with an individual who possesses none of the characteristics covered by Article 13 of the EC Treaty which the complainant alleges motivated the discrimination. This provision applies to instances of alleged direct and indirect discrimination. 2. Harassment and an instruction to discriminate which is motivated by two or more of the characteristics covered by Article 13 of the EC Treaty shall be regarded as discrimination and fall under the scope of this Directive.
Amendment 100 #
Proposal for a directive
Article 11
Article 11
With a view to promoting the principle of equal treatment, Member States shall encourage dialogue with relevant stakeholders, in particular non- governmental organisations, which have, in accordance with their national law and practice, a legitimate interest in contributing to the fight against discrimination on the grounds and in the areas covered by this Directive and such consultation should also include monitoring of the implementation of the Directive.
Amendment 112 #
Proposal for a directive
Recital 18
Recital 18
(18) Member States arebeing responsible for the organisation and content of education, shall ensure adequate protection against discrimination in the field of education. The Commission Communication on Ccompetences for the 21st Century: An Agenda for European Cooperation on Schools draws attention to the need for special attention to be paid to disadvantaged children and those with special educational needs. In particular national law may provide for differences in access to educational institutions based on religion or belief. . Member States may also allow or prohibit the wearing or display of religious symbols at school.
Amendment 181 #
Proposal for a directive
Article 2 – paragraph 7 a (new)
Article 2 – paragraph 7 a (new)
7a. Member States shall ensure in the case of compulsory financial services, where the product in question is required by law, that a person can not be refused access to such a service based on the grounds of their age or disability except where it can be justified by a legitimate aim or if to provide such a service would be contrary to public interest.