19 Amendments of Evangelia TZAMPAZI related to 2008/0140(CNS)
Amendment 21 #
Proposal for a directive
Recital 2 a (new)
Recital 2 a (new)
(2a) This Directive is one means by which the European Community is complying with its obligations under the UN Convention on the Rights of Persons with Disabilities, and should be interpreted in that light.
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 57 #
Proposal for a directive
Recital 12 a (new)
Recital 12 a (new)
(12a) Persons with disabilities include those who have long-term physical, mental, intellectual or sensory impairments which in interaction with various barriers, whether environmental or attitudinal, may hinder their full and effective participation in society on an equal basis with others.
Amendment 58 #
Proposal for a directive
Recital 12 a (new)
Recital 12 a (new)
(12a) 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.
Amendment 64 #
Proposal for a directive
Recital 12 b (new)
Recital 12 b (new)
(12b) 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.
Amendment 71 #
Proposal for a directive
Recital 14 a (new)
Recital 14 a (new)
(14a) Differences in treatment related to age and disability may be permitted if they are objectively and reasonably justified by a legitimate aim and the means of achieving that aim are appropriate and necessary. Such differences of treatment may include, for example, special age conditions regarding access to certain goods or services such as alcoholic drinks, arms, or driving licences. The promotion of the economic, cultural or social integration of young or older persons or persons with disabilities is regarded as a legitimate aim. Therefore measures related to age and disability which set more favourable conditions than are available to others, such as free or reduced tariffs for the use of public transport, museums, or sport facilities, are presumed to be compatible with the principle of non-discrimination.
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 109 #
Proposal for a directive
Recital 18
Recital 18
(18) Member States are responsible for the organisation and content 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 provideNotwithstanding the right to education, Member States may allow 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 when to require individuals, only on the basis of objective justifications, to act in good faith and with loyalty to the organization’s ethos and should not justify discrimination on any other ground.
Amendment 113 #
Proposal for a directive
Recital 19
Recital 19
(19) The European Union in its Declaration No 11 on the status of churches and non- confessional organisations, annexed to the Final Act of the Amsterdam Treaty, has explicitly recognised that it respects and does not prejudice the status under national law of churches and religious associations or communities in the Member States and that it equally respects the status of philosophical and non-confessional organisations. Measures to enable persons with disabilities to have effective non- discriminatory access to the areas covered by this Directive play an important part in ensuring full equality in practice. Furthermore, individual measures of reasonable accommodation may be required in some cases to ensure such access. In neither case are measures required that would impose a disproportionate burden. In assessing whether the burden is disproportionate, account should be taken of a number of factors including the size, resources and nature of the organisation. The principle of reasonable accommodation and disproportionate burden are established in Directive 2000/78/EC and the UN Convention on Rights of Persons with Disabilities.
Amendment 117 #
Proposal for a directive
Recital 19 a (new)
Recital 19 a (new)
(19a) Measures to enable persons with disabilities to have effective non- discriminatory access to the areas covered by this Directive play an important part in ensuring full equality in practice. Furthermore, individual measures of reasonable accommodation may be required in some cases to ensure such access. In neither case are measures required that would impose a disproportionate burden.
Amendment 166 #
Proposal for a directive
Article 2 – paragraph 6
Article 2 – paragraph 6
6. Notwithstanding paragraph 2, Member States may provide thatThis directive does not preclude differences ofin treatment on grounds of age shall not constitute discrimination, if, within the context of national law, they areand disability if they are objectively and reasonably justified by a legitimate aim, and if the means of achieving that aim are appropriate and necessary. In particular, this Directive shall not preSuch difference of treatment may include the fixing of a specific age for access to social benefits,protection, including social security and health care; social advantages; education; and certain goods orand services which are available to the public.
Amendment 221 #
Proposal for a directive
Article 3 – paragraph 3
Article 3 – paragraph 3
3. This Directive is without prejudice to the responsibilities of Member States for the content of teaching, activities and the organisation of their educational systems, including the provision of special needs educationwhile ensuring the rights of persons with disabilities to education without discrimination and on the basis of equal opportunities. Member States may provide for differences in treatment in access to educational institutions based on religion or belief.
Amendment 258 #
Proposal for a directive
Article 4 – paragraph 2
Article 4 – paragraph 2
2. For the purposes of assessing whether measures necessary to comply with paragraph 1 would impose a disproportionate burden, account shallould be taken, in particular, of the size and resources of the organisa of whether the measure in question, its nature, the estimated cost, the life cycle of the goods and services, and the possible benefits of increased access for persons with disabilitiunfeasible or unsafe and could not be made feasible and safe by a reasonable modification of rules, policies or practices or the removal of architectural, communication or transport barriers or the provision of auxiliary aids or services. The burden shall not be deemed disproportionate when it is sufficiently remedied by measures existing within the framework of the equal treatment policy of the Member State concerned.
Amendment 264 #
Proposal for a directive
Article 4 – paragraph 2 a (new)
Article 4 – paragraph 2 a (new)
2a. In order to comply with the obligation to provide effective non-discriminatory access to existing infrastructures, policies or procedures within the meaning of Article 4- paragraph 1(a), Member States may, if necessary, have an additional period of 10 years from the deadline for transposition to comply with this provision. Member States wishing to use the additional period shall submit to the Commission a plan for progressive compliance with the requirements found in paragraph 1(a), including targets, means and timeline. Any Member State which chooses to use this additional period shall report annually to the Commission on the steps taken to provide effective non-discriminatory access and on the progress towards implementation of paragraph 4(1)(a). The Commission shall report annually to the Council.
Amendment 322 #
Proposal for a directive
Article 15 – paragraph 2
Article 15 – paragraph 2