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Generating EU Added-Value

Building Bridges between UN CRPD, Rights of the Elderly & EU Structural Funds

Gerard Quinn‘Community Living for All’

3 May, 2013. NUI Galway

www.nuigalway.ie/cdlp

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1. The Link between the UN CRPD, Rights of the Elderly and the EU Structural Funds

3. Issues for Decision…..

2. Proposals for New Regulations & Current Status of Negotiations…..

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1. The Link between the UN CRPD and the Structural Funds

2010 EU Ratification or ‘confirmation’ – Means the EU is subject to general obligation to repeal/amend inconsistent laws & policies & adopt new ones (Art 4 UN CRPD)

2009 Decision of the EU to Confirm + Declaration of Competencies – explicitly includesStructural Funds – Annex II to Declaration of Competence

One EU Member States already identified by UN Committee for ‘misuse’ of EU Structural Funds - it is inevitable that EU itself will be probed hard by UN Committee

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2. Proposals for New Regulations & Current Status of Negotiations

Backdrop: EU 2020 strategy for a ‘smart, sustainable and inclusive’ economy and society’ – Structrual Funds MUST be Aligned

Flagship Initiative on a European Platform against Poverty

“Design and implement programmes to promote social innovation for the most vulnerable… Define and implement measures addressing the specific circumstances of groups at particular risk (such as…elderly women, people with a disability”

The Draft Regulation Proposed by Commission New Programming Period due 2014-2020

A: Draft General Regulation

B: Draft Regulation - European Regional Development Fund (ERDF)

C: Draft Regulation - European Social Fund (ESF).

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A: Draft General Regulation sets out 11 Strategic/Thematic Priorities Plus One General \Cross-Cutting Theme on Discrimination. COM (2011) 615 final.

Annex IV to draft Gen Reg contains the ‘Ex Ante Conditionalities’ per Strategic Priority/Theme

Each ‘Ex ante Conditionality’ has Criteria of Fulfillment to help assess compliance

Two Ex Ante Conditionalities are explicitly relevant to Disability

- 10th Thematic Priority – Promoting Social Inclusion & Combatting Poverty

- General Thematic Priority – Discrimination – including Disability

PROCESS: Member States self-assess compliance in first instance

BUT

European Commission can suspend payments for persistent breach [Art 17.3]

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Draft Gen Reg First Relevant Ex Ante Conditionality

Thematic Priority 10 – ‘Promoting Social Inclusion & Combatting Poverty’

10.1. Active Inclusion: Integration of marginalized communities such as the Roma.

Ex ante Conditionality:“the existence and implementation of a national strategy for poverty reduction in accordance with [….Comm Recd….] on the active inclusion of people excluded from the Labour market

Criteria of Fullfillment:

“A national strategy for poverty reduction is in place that”

…“- Includes measures for the shift from residential to community based care” [COUNCIL REJECTED THIS]

and

“- in accordance with the national poverty and social exclusion targetswhich includes the extension of employment opportunities for disadvantaged groups…”:

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Draft Gen RegSecond Relevant Ex Ante Conditionality

General Ex Ante Conditionality – Process Oriented

3. Disability [COUNCIL REJECTS in toto – as being too remote from objectives of Structrual Funds]

Condition…

‘The existence of a mechanism which ensures effective implementationAnd application of the UN CRPD’

Criteria for Fulfillment:

“- implementation of measures I line with Art 9 of the UN CRPD [accessibility] - institutional arrangements for the implementation and supervision of the UN Convention in line with Art 33 (UN CRPD) - a plan for training and dissemination of information for staff…involved in implementation of funds - measures to strengthen administrative capacity for implementation & and application of the CRPD including appropriate arrangements for monitoring compliance with accessibility requirements”

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Draft RegsB: European Regional Development Fund.

Com (2011) 614 final

Thematic Priorities:- Investment in Social, Health and Educational Infrastructure

- Networking cooperation and exchange of experiences between regions, towns and economic actors-------------

Art 5.(9). “investing in health and social infrastructure which contribute tonational, regional and local development. Reducing inequalities in terms of health Status

And

Transition from institutional to community-based services.

Art. 7 Sustainable urban development.

[BUT NO EX ANTE CONDITIONALITY and NO ASSESSMENT by COMMISSION]

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C: Draft Regulation for European Social Fund (ESF)COM (2011) 617 final

Preambular Para 11

“the implementation of priorities financed by ESF shouldsupport the fulfillment of obligations under UN CRPD with regard towork, education and employment.

The ESF should also promote the transition from institutional to community-based care”

Art 2…

(1) Promoting employment…[and] access to employment for job-seekers and inactive people

Art 3. [Funds shall] “ include disadvantaged groups such as people with disabilities”

Art 8.

[ESF] shall promote equal opportunities for all…and people at risk of discrimination and people with disabilities …with a view to increasing labour market participation…

And….transitioning from institutional to community-based care

[BUT NO EX ANTE CONDITIONALITY and NO ASSESSMENT by COMMISSION]

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Current Status of Negotiations………../

General Affairs Council [24 April 2012] REJECTED disability portion of Theme 10 and 1.2.3 ex Ante Conditionalities under General ‘ex ante conditionalities’

Council did not propose changes to draft ESF and ERDF Regulations.

European Parliament opened up mandate for TRIALOGUE negotiations been CouncilCommission & Parliament: November 2012.

Has taken place on :

4 December 201227 February 201318 March 2013

PROCESS is now at Political level under aegis of Irish Presidency

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3. Issues for Decision…..

Should the concept of ‘transitioning from institutions to community-based services’be re-instated into the draft General Regulation?

Should the disability-specific language in Thematic Heading ‘General ex Ante Conditionalities’ on effective implementation/monitoring of the UNCRPD be re-instated?

If ex ante conditionalities cannot be re-instated is there something else that couldbe inserted with equal effect?

Do the Regs do enough to advance the rights of older people?

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“The European Union (EU) is facing a major test of its sincerity and commitment to the UN Convention on the Rights of Persons with Dis- abilities (CRPD). Current and positive proposals from the European Commission designed to bring EU Structural Funds into alignment with the CRPD are under pressure from Council. Failure to take the CRPD seriously will needlessly expose the EU – and its member states – to international legal liability if the Funds are used to build new institutions. And such failure will amount to a wasted opportunity to harness the Funds to ease a major process of transition needed to embed the right to community living for all.”

Quinn & Doyle, Equal Rights Review, London, 2012.

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