CDDECS-RPD(2014) 1

Restricted

14 May 2014

 

 

 

European Committee for Social Cohesion,

Human Dignity and Equality

 

 

 

 

1st meeting

Strasbourg, 3-5 June 2014

 

 

 

 

 

 

 

Protection of the rights of persons with disabilities
Council of Europe action and challenges

 

 

 

 

 

 

 

 

Document prepared by the DECS-RPD Secretariat

 

Overall objectives of the document   To highlight main achievements of the Council of Europe in the protection and promotion of the rights of persons with disabilities To draw attention to the lessons learned from the implementation of the Council of Europe Disability Action Plan 2006-2015 (Rec(2006)5) during previous years To obtain active support from the CDDECS in the last phase of the Plan’s implementation, and its assessment To prepare a new disability frame for 2016-2020 in a mainstreamed manner with due consideration to member states' concerns expressed by representatives sitting on the CDDECS

1.    General context

 

Protection of the rights of persons with disabilities by the international community

 

The rights of persons with disabilities took on new importance on the international stage in the early years of the 21st century. It was in 2006 that the United Nations adopted, in December, the Convention on the Rights of Persons with Disabilities[1], and the Council of Europe adopted, in April, its Disability Action Plan 2006-2015, in the form of Recommendation Rec(2006)5 of the Committee of Ministers to member states. These
two documents guide the activities of the Council of Europe and its 47 member states, 45 of which are signatories to the UN Convention, and 38 of which have become Parties thereto since 2007.

 

These two instruments, one binding, the other non-binding, confirm the change of paradigm in the approach to disability by discarding the medical model of disability and replacing it with the social model based on universal and indivisible human rights. The Council of Europe’s activity in the disability field is an integral part of its prime objectives and anchors the European region more firmly in the same values and principles. Specific objectives, working methods, rationalisation and the challenges to be met are briefly described in this document.

 

Specific objectives in Europe

 

Social inclusion – measures against discrimination – equal opportunities – twin-track approach

 

The challenge currently facing the international community, and more specifically the European region, is that of achieving the social inclusion of persons with disabilities and ensuring their full participation in society. This watchword appears in the very name of the Council of Europe’s Disability Action Plan: Recommendation Rec(2006)5 on the Council of Europe Action Plan to promote the rights and full participation of people with disabilities in society: improving the quality of life of people with disabilities in Europe 2006-2015.

 

The fundamental aim of the Action Plan is to support member states in the introduction or consolidation, as applicable, of anti-discrimination and human rights protection measures for the benefit of persons with disabilities. It recommends the promotion of equal opportunities and independent lives for persons with disabilities, at the same time safeguarding each individual’s freedom of choice, full citizenship and active participation in community life. Centring on 15 action lines,[2] the Action Plan covers the civil, political, social and cultural rights of persons with disabilities. Neither the United Nations Convention nor the Council of Europe Action Plan creates new rights; instead they strengthen existing rights for persons with disabilities.

 

The Council of Europe strives to promote the perception of persons with disabilities as holders of rights in the same way as all other citizens, considering disability to be part of human diversity. It encourages governments to implement policies and practices which correspond to the objectives and measures recommended by the Action Plan. Each of the 15 action lines in the Action Plan contains an introductory mission statement, specific objectives and the action to be taken by member states. Positive action is expected by governments in parallel with integration of the “disability” dimension into sectoral policies of general scope (“twin-track approach”, in French “approche double”).

 

People with disabilities regard themselves as the most extensive minority in every population,[3] and also as frequent victims of discrimination. The prevalence of disability varies according to the way in which disability is defined in national legislation,[4] but notwithstanding a lack of reliable coordinated statistics, the rate in European states is between 10 and 15%. Persons with disabilities in Europe benefit from the protection of the European Court of Human Rights, to which they take cases on grounds of disability-based discrimination.[5] The work of the Council of Europe’s intergovernmental sector seeks to prevent possible discrimination.

2.    Council of Europe disability-related action 1959-2014

Working methods

 

Flexibility – prevention of discrimination through targeted action and recommendations – exchange of good practices – remote co-operation – visibility

 

The Council of Europe Disability Action Plan provides policy-makers with a flexible framework, a kind of road map for meeting international obligations in the human rights field. By following the Action Plan, it is possible to devise legislation, policies and practices geared to each country, on a national or any other scale, depending on the stakeholders’ level of responsibility.

 

In order to prevent disability-based discrimination and possible complaints to the Strasbourg Court, the Council of Europe prepares targeted studies, guidelines and recommendations, carries out awareness-raising activities and organises training courses for the social workers, carers and personal assistants of persons with disabilities. Since January 2014 for instance the Secretariat has organised a training course for carers and social workers from the Vologda Region, Russian Federation, a major International Symposium “Human Rights and Disability” in Vienna (under the aegis of the Austrian Chairmanship of the Committee of Ministers), and an external evaluation of the disability-related legislation and practices in the German-speaking community of Belgium as well as a study visit to Italy of Moldovan experts to learn more about and observe in practice Italian inclusive mainstream schools[6].  Appendix 1 to this document contains a selective bibliography of texts adopted by the Committee of Ministers and publications issued over the six years since 2008, the year in which the UN Convention came into force, and the Council of Europe disability-related activities applied to all member states (see part “Structures and rationalisations” below). Appendix 2 lists the main meetings organised during the same period.

 

Over the years, the adopted texts (in particular recommendations), publications and meetings corresponded to member states’ expectations as expressed by their representatives at plenary meetings of various relevant committees[7] or in the time between the annual meetings. Expert meetings are an opportunity to exchange information about new measures taken to foster the inclusion of persons with disabilities, to identify the needs in member states and to find out about and coordinate the activities of other Council of Europe or external bodies, including, for example, the European Commission, the Fundamental Rights Agency of the European Union and European associations such as the European Disability Forum (EDF),[8] which represent people with disabilities themselves on the basis of the principle that there should be “Nothing about us without us”.

 

The sector in the Secretariat which deals with the rights of persons with disabilities makes sure that disability is taken into account in the work of the other Council of Europe bodies. This dimension therefore appears, for example, in the Council of Europe Strategy for the Rights of the Child, in its work on Internet governance and in the activities of the European Commission for Democracy through Law (Venice Commission).[9] Moreover, monitoring bodies such as the European Committee of Social Rights and the European Court of Human Rights deal with several concerning the situation of persons with disabilities in member states (see footnotes No 5 and 10).

 

The fundamental texts in the field of political and public participation of persons with disabilities, such as the Action Plan and Recommendation CM/Rec(2011)14 on the participation of persons with disabilities in political and public life, have  been published in “easy-to-read” versions making them accessible to young people and people with learning difficulties. The Action Plan also exists in a Braille version and in 31 of the languages used in member states. Visibility has been increased through the publication of a poster and an illustrated booklet for wide distribution entitled “Disability, a citizenship issue”.

 

Structures and rationalisations

 

Restructuring – use of funds directed towards the expected results – convergence of activities and objectives – responses to member states’ expectations

 

The Council of Europe’s activities in the disability sphere develop in parallel with conceptual advances in terms of content, and with structural developments in terms of administration and organisation of the Council of Europe programmes. Disability-related activities were therefore transferred in 2008 from the legal and financial framework of the Partial Agreement in the Social and Public Health Field, which had existed from 1959 to 2007, with 18 states parties, into the sphere of action and funding by and for all member states.

 

The reform which subsequently reshaped the sector took place in 2011, when the terms of reference of the European Coordination Forum for the Council of Europe Disability Action Plan 2006-2015 (CAHPAH) came to an end. The CAHPAH had had the status of an ad hoc committee with 47 member states, directly answerable to the Committee of Ministers.[10] In January 2012, it was succeeded by the Committee of Experts on the Rights of Persons with Disabilities, which is now subordinate to the European Committee for Social Cohesion, Human Dignity and Equality (CDDECS).Pursuing the objectives of protecting and promoting human rights of all citizens in all member states, the committee DECS-RPD has 47 member states representatives and several other participants in accordance with its terms of reference (see relevant CDDECS document with committees’ mandates).

 

The Committee will hold one plenary meeting per year and make full use of the provisions of Committee of Ministers Resolution CM/Res(2011)24 on intergovernmental committees and subordinate bodies, their terms of reference and working methods. As a result and in pursuance of the practice, well-tried in the precedent years, the budget allocated to disability-related activities goes mainly to ad hoc select meetings or consultations involving between six and eight persons according to needs, and, first and foremost, field activities on demand in co-operation with the requesting member states which have initiated such activities, examples being Armenia, Austria, Belgium, Croatia, Finland, Moldova, Russia, Turkey and Ukraine, on subjects of their choice[11] (cf. Appendices 2 and 3 to this document).

3.    Challenges to be met

 

Consolidation of what has been achieved – promotion of values – participation of persons with disabilities – development and encouragement of new approaches in the programming of policies and activities – accessibility

 

The Council of Europe’s disability sector has undeniably achieved a great deal in the field of policies relating to people with disabilities. The change of paradigm in the approach to disability, however, means that just having policies directed towards persons with disabilities is no longer the objective of the international community or, in particular, of persons with disabilities themselves, who are becoming active players in the development of policies at local, regional, national and international levels. The UN Convention on the Rights of Persons with Disabilities is the first international treaty (in Article 32) to emphasise international co-operation as an inclusive process accessible to people with disabilities. The participation of persons with disabilities is henceforth a right and a key part of the process of eliminating and overcoming the exclusion of persons with disabilities, especially in relation to initiatives in terms of development, budgeting and national and international programming.

 

True to its founding principles, and striving for the inclusion and participation of all citizens, the Council of Europe intends to continue to promote the social model of disability based on human rights in Europe and its neighbouring regions (cf. Appendix 3 to this document for the projected timetable for 2014). The DECS-RPD’s aim is to achieve the expected results of the 2014-2015 Programme and budget, as assigned to it in the “Promoting Human Rights” sector, “Equality and Diversity” programme.

 

In order to do so, it will need flexible working methods, appropriate funds[12] and, first and foremost, the support of its member states. The Organisation as a whole, including its member states, should be made aware on the ground of the protection of the human rights of persons with disabilities and, for example, make sure that services and products, information and communication, education and employment are accessible on their territory. This implies the use of Universal Design in member states at every stage of the devising of legislation and policies, services and products, and the making and usage of various tools and services for all users (“Universal Design” or “Design for all”[13]).

 

In order for the Council of Europe to continue to offer inspiration for new approaches, such as the elimination of structural barriers through the twin-track approach, i.e. the increasing of participation by persons with disabilities through targeted positive discrimination and policy measures which are consistent and not fragmentary, and which prevent direct or indirect discrimination against persons with disabilities. It would like to carry out results-focused activities in close co-operation with member states. These activities could concern specific areas of life which are of particular interest to member states.

 

A consolidated report on implementation by the member states of five action lines of the Council of Europe Disability Action Plan 2006-2015 (education; employment, vocational guidance and training; the built environment; transport; community living) and identification of priority needs was finalised in December 2013. It will serve as one of the background documents for the question of possible follow-up action to be taken beyond the operational period of the Disability Action Plan, i.e. 2006 to the end of 2015. The main conclusions of this report are contained in Appendix 4 hereafter.

 

Concerns about the situation of persons with disabilities in member states have been recently expressed by the Council of Europe Commissioner for Human Rights and the Council Secretary General. In his Annual Activity Report 2013, the Commissioner, Mr Nils MUIZNIEKS, states that “persons with disabilities are often deprived of their most basic human rights” (pp. 40-41). During his country visits, the Commissioner paid special attention to “[…] the negative impact of austerity measures on the enjoyment of human rights by people with disabilities and notably the support measures which they are entitled to under the UN Convention on the Rights of Persons with Disabilities (CRPD)”. The Commissioner remains concerned by “[…] the gaps in the implementation of international and European standards related to [persons with disabilities]”.

 

In his report “State of human rights, democracy and the rule of law in Europe” (document SG(2014)1 final) presented at the last session of the Council of Europe Committee of Ministers (Vienna, 5-6 May 2014), the Secretary General, Mr. Thorbjørn JAGLAND, recommends to member states to:

 

• Reinforce efforts to eliminate attitudinal, physical and regulatory barriers for full and equal participation of people with disabilities in society (see Chapter D – Democratic culture);
• Reinforce equality authorities in member states;
• Review national legislation, rules and practices towards people with disabilities, especially regarding their legal capacity (see Chapter F – Other forms of discrimination).

 

The challenges facing European societies require equality of rights and opportunities for everyone. Changes are now happening, but there is still a long road ahead, especially for people who have long been side-lined by society through an approach based on charity or ever-improving medical care, but which relegates persons with disabilities to a status of patients, unproductive persons in need of assistance. Changing the situation is the Council of Europe’s goal in the years ahead.

 

 

Challenges ahead   Council of Europe as an enabler and empowerer, giving incentives in the field: bring out and give responses to new needs and challenges such as accessibility, independent living and equal recognition before the law for persons with disabilities work to more openness by member states to the needs of persons with disabilities, and more transparency in responses given at the national level and at the level of international bodies, including various Council of Europe committees draft a disability frame for 2016-2020 targeting major needs and concerns Disability sector within the Council of Europe Secretariat as a sensitizer for the rights of persons with disabilities: Mainstreaming persons’ with disabilities rights in the Council of Europe programmes and budget Closer engagement with Council of Europe monitoring mechanisms, including the European Court of Human Rights and the European Committee of Social Rights Continuous development of flexible and result oriented working methods 3. Stronger and more visible international co-operation, notably with the UN Committee on the Rights of Persons with Disabilities

 

Appendix 1

 

Selective bibliography of texts adopted by the Committee of Ministers and publications issued over 6 years, since January 2008 to
December 2013

 

Recommendations

 

1. Recommendation CM/Rec(2013)3 on ensuring full, equal and effective participation of persons with disabilities in culture, sports, tourism and leisure activities
2. Recommendation CM/Rec(2013)2 on ensuring full inclusion of children and young persons with disabilities into society
3. Recommendation CM/Rec(2012)6 on the protection and promotion of the rights of women and girls with disabilities
4. Recommendation CM/Rec(2011)14 on the participation of persons with disabilities in political and public life
5. Recommendation CM/Rec(2010)2 on deinstitutionalization and community living of children with disabilities
6. Recommendation CM/Rec(2009)9 on the education and social inclusion of children and young people with autism spectrum disorders
7. Recommendation CM/Rec(2009)8 on achieving full participation through Universal Design
8. Recommendation CM/Rec(2009)6 on ageing and disability in the 21st century: sustainable frameworks to enable greater quality of life in an inclusive society

 

Publications

 

1. Social inclusion of children and young people with disabilities (2013)
2. Easy to read version Recommendation CM/Rec(2011)14 on the participation of persons with disabilities in political and public life
3. Proceedings of the Odessa Conference, 30-31 May 2011 – “Implementation of the Council of Europe Action Plan to promote the rights and full participation of people with disabilities in society 2006-2015”, (2013)
4. Proceedings of Istanbul Conference (Turkey), 9 and 10 December 2010 - Mid-Term Review “Achievements and Challenges – taking stock and showing the way forward” (2012)
5. Proceedings of Portorož Conference (Slovenia), October 2009 “Ageing and Disability – Promoting the rights of persons with disabilities and elderly people” (2011)
6. Proceedings of Strasbourg Conference (France – Council of Europe), October 2008 “Protecting and promoting the rights of persons with disabilities in Europe: towards full participation, inclusion and empowerment” (2009)
7. “Enhancing rights and inclusion of ageing people with disabilities and older people with disabilities: a European perspective”
8. Achieving full participation through Universal Design (2009)
9. Proceedings of Zagreb Conference (Croatia), September 2007 – “The Council of Europe Disability Action Plan 2006-2015: national implementation – from policy to practice” (2009)
10. The protection and promotion of sign languages and the rights of their users in Council of Europe member states: needs analysis (2008)

 

Equipments and visibility tools – 2012-2013

 

1. Publication of the promotional brochure « Disability, a citizenship issue »
2. Production of cloth bags with the visual identity of the Disability Action Plan, which also appears on the Action Plan poster  “Equal opportunities – Equal Dignity”
3. Publication of the Action Plan poster (and the roll-up version)
4. Opening of the  restricted website

Appendix 2

 

Major conferences and meetings organised from January 2008 to
June 2014

 

2014

 

1. Study visit on inclusion of people with disabilities for the stakeholders from the both banks of the river Dniester (Republic of Moldova), organised in the framework of the Confidence Building Measures programme in cooperation with the European Disability Forum (EDF) Prato, Italy, 28-30 May 2014
2. Taskforce meeting on DECS-RPD work programme 2014-2015 and assessment of the Disability Action Plan implementation, Strasbourg, France, 15-16 May
3. Ceremony of « Accessibility awards » (Trophées de l’accessibilité), European/Council of Europe award for the Opera House in Oslo for its accessibility, and in recognition of the opera’s consultation of the public at the building design stage, Paris, France, 14 May
4. External evaluation of the situation in the disability field in the German-speaking community of Belgium, 5-9 May
5. International Symposium “Human Rights and Disability”, organised under the aegis of the Austrian Presidency in the Committee of Ministers, Vienna, 10-11 April
6. Training course for carers and social workers “Getting the basics right in care”, Cherepovets, Russian Federation, 8-10 April

 

2013

 

1. Conference “Full inclusion of children and young people with disabilities into the society”, Brussels, Belgium
2. Conference on children with disabilities “The World of Open Opportunities”, Archangelsk, Russian Federation
3. Conference “Towards inclusive society”, organised under the aegis of the Armenian Chairmanship in the Committee of Ministers, Yerevan
4. Workshop on the role of social sector policies in supporting people with disabilities into employment, Helsinki, Finland
5. Seminar on the rights of people with disabilities organised in the framework of the Confidence Building Measures programme, Vadul-lui-Voda, Republic of Moldova
6. International seminar “Rehabilitation of people with disabilities in need of a high level of support”, Chernigov, Ukraine
7. Training session for carers and social workers using the human rights-based approach to disability and the Basic European Social Care Learning Outcomes (BESCLO) in Astrakhan, Russian Federation
8. International Seminar “Rehabilitation for people with mental disabilities and prevention of Burn Out syndrome”, Lvov, Ukraine
9. Ceremony of « Accessibility awards » (Trophées de l’accessibilité), European/Council of Europe award to a cross-border project between Germany, Luxembourg and France on access to tourist and cultural sites in neighbouring regions, Paris, France

 

2012

 

1. Seminar on the implementation of the Action Line No 6 – “Built environment”, activity on accessibility with participation of experts, mainly architects from Belgium, Greece, Norway, Sweden and Turkey, 29‑30 November, Istanbul, Turkey
2. Regional seminar on the participation of people with disabilities in political and public life – promotion of the Recommendation CM/Rec(2011)14 of the Committee of Ministers to member states on the participation of persons with disabilities in political and public life, in the Western Balkans, 15‑16 November, Zagreb, Croatia
3. Seminar on children with disabilities (rehabilitation, inclusive education, vocational training), 18‑20 October, Moscow, Russian Federation
4. Conference on the protection and promotion of the rights of women and girls with disabilities (vocational training, rehabilitation and employment), 18-20 September, Uzhgorod, Ukraine
5. Training course for caregivers and social workers: implementation of the Council of Europe Disability Action Plan Line No 8 – “Community living” in connection with Action Line No 5 – “Employment, vocational guidance and training”, 20-22 June, Sarajevo, Bosnia and Herzegovina

 

2011

 

1. European Conference “Implementation of the Council of Europe Disability Action Plan to promote the rights and full participation of people with disabilities in society: improving the quality of life of people with disabilities in Europe 2006-2015”, 30-31 May, Odessa, Ukraine
2. Meeting on the national implementation of the Council of Europe Disability Action Plan in Azerbaijan, 16 September, Baku, Azerbaijan

 

2010

 

1. Mid-Term Review Conference “Achievements and Challenges – taking stock and showing the way forward”, 9-10 December, Istanbul, Turkey
2. Conference “Establishment of strategies for professional rehabilitation and employment for persons with disabilities in the framework of the Council of Europe Disability Action Plan 2006-2015”, 31 May-2 June, Evpatoria, Ukraine

 

2009

 

1. European Conference “Ageing and Disability. Promoting human rights of persons with disabilities and the elderly”, 26-27 October, Portorož, Slovenia
2. Conference “Rehabilitation and employment of people with disabilities in the light of the Council of Europe Disability Action Plan”, 25-26 June, Lugansk, Ukraine
3. Seminar on children with disabilities and their families, 6-8 April, Yekaterinburg, Russian Federation
4. European Conference “Women with disabilities: access to training and employment”, 12-13 February, Leon, Spain

 

2008

 

European Conference “Protecting and promoting the rights of persons with disabilities in Europe: towards full participation, inclusion and empowerment”, 29-30 October, Strasbourg, France

 

 

 

Appendix 3

 

Provisional timetable – List of main activities to be organised by the Secretariat in September-December 2014

 

September

 

• Training session for carers and social workers, using the Council of Europe training kit “Getting the basics right in care” and the human rights-based approach to disability, promoted by the CoE Disability Action Plan 2006-2015 and the UN CRPD, Republic of Moldova

 

October

 

• Plenary meeting of the Committee of Experts on the Rights of People with Disabilities
  (DECS-RPD), Strasbourg, France, 1-3 October; side-event on disability during the Parliamentary Assembly session, 2 October
• Training session for carers and social workers, using the Council of Europe training kit “Getting the basics right in care” and the human rights-based approach to disability, promoted by the CoE Disability Action Plan 2006-2015 and the UN CRPD, Latvia

 

November

 

• Training session on vocational rehabilitation and integration of persons with disabilities for the professionals from the Republic of Moldova, organised in the framework of the Confidence Building Measures programme, Austria

 

December

 

• DECS-RPD Task Force meeting – drafting of the assessment report and the outline of the next disability frame 2016-2020

 

Appendix 4

Consolidated report on the implementation by the Council of Europe member states of five action lines of the Council of Europe Disability Action Plan 2006-2015, and identification of priority needs – Summary and extracts from conclusions by the rapporteur Mr Matteo SCHIANCHI (Italy), disability analyst and historian

Summary

Where [these] five action lines [education; employment, vocational guidance and training; the built environment; transport; community living] of the Council of Europe Disability Action Plan 2006-2015 (the Action Plan) are concerned, the different countries have made clear progress.  However, their welfare state systems remain rooted in a general overview which predates the human rights-based approach.  Furthermore, the reduction in public spending reported in every country is already having, and will have more, major negative repercussions on the provision made for persons with disabilities.  So it is important for the Council of Europe to have a useful tool for focussing practical attention on the rights of persons with disabilities and ensuring a high degree of social inclusion.

Main conclusions

1. Overall, there is growing interest in different countries in people with disabilities, as evidenced by all the projects, campaigns and arrangements of recent years.
2. Those campaigns have substantially improved conditions for people with disabilities.  However, much remains to be done in respect of the action lines analysed here: even more remains to be done than has already been done. In some spheres, such as independent living, there has been a general lack of progress.
3. At European level, a very wide range of action is taken, very much depending on the local economic situation and the level of welfare provision.
4. Welfare provision in the various countries remains rooted in a broad approach which predates the human rights-based approach advocated by the UN Convention on the Rights of Persons with Disabilities and by the more flexible Council of Europe Disability Action Plan.
5. In every country public spending has declined, with negative repercussions on the provision made for people with disabilities.

The human-rights-based approach to disability issues, as well as being fundamental, is new and extremely different from the methods of the past on which the different countries’ policies on people with disabilities are generally based.  The difficulty of applying this new approach to domestic provision lies in the length of time that the process will take, but it must nonetheless be initiated. In this context, as has been pointed out several times in this report, and despite the substantial progress achieved, the welfare state crisis, and then the economic and financial crisis affecting welfare provision, may push this rights-based approach to disability into the background.  We are in an almost paradoxical situation: disability has a permanent place on the public policy agenda in every country, and we have instruments like the UN Convention, the language of which is widely used (even in countries that have not ratified it), but the economic context (the economic crisis) and the political situation (the crisis of the welfare state) appear to be impeding the specific arrangements that ought to be guaranteeing the rights of people with disabilities. In this situation, such rights might well remain merely theoretical and be seen as unimportant.

[1] This, with its Optional Protocol, came into force on 3 May 2008.

[2] Action lines : No. 1: Participation in political and public life; No. 2: Participation in cultural life; No. 3: Information and communication; No. 4: Education; No. 5: Employment, vocational guidance and training; No. 6: The built environment; No. 7 : Transport; No. 8: Community living; No. 9: Health care; No. 10: Rehabilitation; No. 11: Social protection; No. 12: Legal protection; No. 13: Protection against violence and abuse; No. 14: Research and development; No. 15: Awareness raising.

[3] According to the first (and so far last) "World report on disability", published in 2011 by the World Health Organisation and World Bank, persons with disabilities constitute 15% of the world's population.

[4] The UN Convention on the Rights of Persons with Disabilities defines "persons with disabilities" as including "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".

[5] A few examples are: Shtukaturov v. Russia and X v. Croatia (2008); Berkova
v. Slovakia and Salontaji-Drobniak v. Serbia (2009); Alajos Kiss v. Hungary (2010); Kruskovic v. Croatia (2011);
DD v. Lithuania, Stanev v. Bulgaria and X. v. Finland (2012).

[6] In Europe, Italy seems to have the most inclusive educational system for children with disabilities.

[7] At the Council of Europe, disability-related activities have been in place since 1959.

[8] The three bodies mentioned are involved in the monitoring of the application by the European Union of the UN Convention on the Rights of Persons with Disabilities. The EU has been a Party to the Convention since
23 December 2010.

[9] Revised interpretative declaration to the Code of Good Practice in Electoral Matters on the participation of people with disabilities in elections – document CDL-AD(2011)045, adopted in December 2011.

[10] The CAHPAH held one plenary meeting per year and provided continuity with the previous Partial Agreement (subjects such as Universal Design (Resolution ResAP(2001)1 on the introduction of the principles of universal design into the curricula of all occupations working on the built environment, called “Tomar Resolution”), and the integration of children affected by autism, following collective complaint No. 13/2002 to the European Committee of Social Rights, submitted by Autism-Europe against France, and Committee of Ministers Resolution ResChS(2004)1). The CAHPAH worked through working and drafting groups responsible for certain subjects, such as CAHPAH-VPH (ageing); CAHPAH-DCEC (evaluation criteria relating to national implementation of the Action Plan); CAHPAH-PPL (participation in political and public life); CAHPAH-WGD (protecting and promoting the rights of women and girls with disabilities). These groups met two or three times a year over a period of two to three years, with the Council of Europe budget covering the participation expenses of between 12 and 15 people.

[11] Armenia – inclusion of  young persons with disabilities (2013); Austria – human rights and disability (2014); Belgium – rights of children and young persons with disabilities (2013); evaluation of disability policies in the German-speaking community (2014); Croatia and other Western Balkans countries – participation in political and public life (2012); Finland and other Nordic countries – employment in a sheltered environment (2013); Moldova – training for carers and social workers, inclusive education (2014); Russia – rights of women and of children with disabilities, training for carers and social workers (2008-2014); Turkey – accessibility of the built environment (2012); Ukraine – employment and vocational training, rehabilitation (2008-2013).

[12] It should be noted that the participation of persons with disabilities in meetings organised and financed by the Council of Europe frequently entails a need for additional funds, for example to make possible the presence of a participant who needs personal assistance, interpretation into sign language or the services of a speech-to-text reporter (STTR).

[13] Recommendation CM/Rec(2009)8 and report on “Achieving full participation through Universal Design” (2009)