Memorandum by the European Disability
EDF refers the House of Lords Select Committee
to the EDF Resolution on the Convention of the Future of Europe
adopted by the EDF Annual General Assembly in Madrid, 18 May 2002.
Furthermore, in relation to Part One of the
The European Disability Forum calls for explicit
reference to non-discrimination and disability in the first 16
articles of part one on the constitutional structure of the future
It is essential that disability, non-discrimination
and the other Article 13 groups are recognised in the fundamental
principles of the Treaty and thereby shape the EU policies.
Without this explicit recognition in Part I
of the new Treaty, disability and the other article 13 grounds
will be given a much lower degree of prominence than it has currently
in the existing Treaties.
EDF calls for the additions to the following
1. Article 2 in order to add "equality"
to the values of the Union.
2. Article 3 to frame the socio-economic
objectives of the European Union around a "model of society"
and insert an additional objective (as per the Social Europe Working
Group Report) as follows: "non-discrimination on the basis
of racial or ethnic origin, religious or sexual orientation, disability
3. Article 6 "Non-discrimination"
and add after the paragraph on nationality a second paragraph
based on the present Article 13 (TEC). "Without prejudice
to any of its specific provisions, any discrimination based on
sex, racial or ethnic origin, religion or belief, disability,
age or sexual orientation shall be prohibited."
4. Add to the list of principal areas of
shared competence in Article 12(4):
"The fight against discrimination".
The legal basis for rules prohibiting discrimination
(current article 12 and 13 TEC) should be placed in a specific
title (on fundamental rights) in Part II on policies, preserving
the horizontal dimension of the current provisions, encompassing
all EU policies.
For this reason EDF asks to add to the list
of principal areas of shared competence in Article 12(4): also
"the fight against discrimination".
Without the inclusion of this amendment, non-discrimination
issues will be constrained to one policy area such as social policy,
which would be extremely negative as it would not allow for non-discrimination
issues to be addressed horizontally which is particularly important
with regards disability (for example disability questions relate
to transport, public health, consumer protection, as well as social
25 February 2003