Letter to the more than 1.300.000 signatories of the petition

The European Commission proposed on 2^nd July 2008 a directive on non discrimination outside employment. This Commission proposal is based on and covers all grounds of the Treaty of Amsterdam Art. 13, i.e. “religion or belief, disability, age or sexual orientation” while a separate article (Art. 4) focuses specifically on the equal treatment of persons with disabilities.

The European Commission opted for a “horizontal” non discrimination directive proposal following an extensive debate in the European Parliament on the future non-discrimination legislation and a vote in favour of a broad legislative scope rather than a specific non discrimination legislation on disability.

Some of you might think that we have failed, or that our efforts to gather more than 1 million signatures in our “1million4disability” campaign have not been rewarded and that we have not been heard at EU level.

I understand if you, or all these persons actively involved in the campaign who believed in a European Union which could listen, hear and act to improve the lives of its disabled citizens, think in this way.

I would however like to take this opportunity to inform you about EDF position towards this political situation, our expectations and actions in the future.

First of all, let me clarify that the crucial issue of a legislative proposal is not about a specific or horizontal approach but rather on the content. We also have to bear in mind and we have to be proud that our campaign “1million4disability” has accelerated the process to further the non discrimination legislation in the European Union.

After a careful examination of the situation, it would be counter productive to reject the proposal which includes a specific article (Article 4) on disability that could broaden rights for disabled persons. Considering this Article far from being perfect, we need to continue to be united, perseverant and focus our efforts to improve it. Moreover, we think that a failure of this directive might jeopardize future non discrimination policies at EU level.

On the overall proposal, EDF welcomes its wide scope including social protection, social advantages, health care, education, access to and supply of goods and services, which is consistent with the directive on anti-discrimination on the basis of race and ethnicity. However the draft directive is unclear, too short and introduces significant restrictions of the right to equality for disabled people in several areas, and might leave room for interpretation and legal uncertainties.

EDF will soon release its position describing in detail those provisions that needs improvement.

As a general remark, EDF would like to emphasize the importance of respecting the following key principles in the process of negotiating the text of the Directive:

- The Directive must be a step towards implementing the UN Convention on the Rights of Persons with Disabilities, to which all EU Member States are signatories. The Convention aims to promote, protect and ensure the full and equal enjoyment of all human rights and fundamental freedoms by all persons with disabilities (Article 1), including through adoption of all appropriate legislative, administrative and other measures (Article 4(1)(a)).

- The Directive must bring change for disabled persons in all EU countries.

- The Directive must address all specificities unique to disability discrimination, such as structural and architectural barriers or segregation.

- The Directive must protect all people perceived as disabled, including everybody who currently has a disability; people associated with a person with a disability through a family or other relationship people perceived as disabled; people who had a disability in the past; people who have a genetic predisposition to become disabled and people who may have a disability in the future.

In the case these basic principles are not respected, EDF will not be able to support the legislative proposal.

On 2 October, the ministers on Employment and Social Affairs of the 27 EU Member States will meet to assess the possibilities of a common way forward on the European directive proposal. After this meeting the positions of Member States will be clearer, and, based on the outcome of the meeting, EDF will decide on its input to the debate on the Directive. In any case, EDF will prepare its amendments to the legislative proposal in line with its Disability Specific Directive proposal.

In the meantime, EDF Secretariat is also meeting the Permanent Representations of the 27 Member States in Brussels to present EDF position and to get feedback on the national positions. It is important to know that the adoption of the draft equality and non discrimination directive by the Council of Ministers requires unanimity.

Your role as member of EDF is vital in this process. You are the key on a successful outcome of our demands. All opportunities should be used such as approaching national governments, taking the advantage of European elections and approach the candidate MEPs, gathering our strengths as we did for the “1million4disability” campaign by repeating the same message in all meetings, by developing networks and alliances, by remaining mobilised. EDF Secretariat will provide EDF members the necessary lobbying material to do so.

In the meantime, EDF would highly appreciate to receive any feedback from the position of the respective national governments within the European Union.

For our actions in the future, I call on all of you to remain mobilised and to continue to observe what has made the strength of our movement so far, in other words : UNITY, CREDIBILITY and CONSISTENCY.

EDF will immediately keep you informed on any further developments. Also, the news section on the 1million4disability website will be regularly updated to inform our 1.300.000 campaign supporters.

Do not hesitate to contact EDF secretariat, should you need any further information.

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