European Policy on Disability and the Position of People with Disabilities

A Commitment to the Social Model

The European Union policy on disability is built on an explicit commitment to the social model of disability.  As stated by the Head of the European Commission’s Unit on the Integration of People with Disabilities:

The EU perceives disability as the result of the dynamic interaction between a person and their environment, including social constructions, which lead to discrimination and stigmatisation.  It is therefore the environment that should be adapted to each individual person, including people with disabilities, by removing these barriers.  (Goelen. 2005)

This, in turn, leads to a commitment to an approach based on the rights of the disabled person.

Disability is a right-based issue, discrimination should be eliminated.  Disability policies should follow a socially inclusive and individualised approach: rights have to be supplemented by actions, which provide access to rights, that is to say with equal opportunities (Goelen 2005).

The Legal Basis

The legal basis for EU action in this area is provided by Article 13 of the European Treaty, dating from 1999, which permits the European Council to ‘take appropriate action to combat discrimination based on sex, racial or ethnic origin, religion or belief, disability, age and sexual orientation’ (Goelen 2005).   It has been expressed in a variety of forms, such as the Charter of Fundamental Rights and, for example, in the Commission communication ‘Towards a barrier free Europe for people with disabilities’ (European Commission 2000a).

Action against Discrimination

The European Commission Directive against discrimination on the grounds of religion or belief, disability, age or sexual orientation (European Commission 2000b) prohibits discrimination by setting a minimum standard which applies across the European Union.  National laws determine the exact form of implementation and member states can impose more demanding requirements if they wish, but this Directive sets a common base level. 

The Directive (paralleling the UK Disability Discrimination Act) requires employers (and training providers) to provide ‘reasonable accommodations’ to meet the needs of disabled people.  So the obligation on employers and training providers is not absolute: for example, they are not required to pay costs beyond those that the business could stand, or accept severe disruption to overall training programmes.  The Directive makes the correct assumption that most adjustments require only small-scale changes and that the requirement to make ‘reasonable accommodations’ will therefore considerably improve the labour-market position of disabled people.

In principle, existing member states of the European Union should have had anti-discrimination laws in place by December 2003, but in practice they were given the possibility of requesting an extension to this period until December 2006.  Member states joining in 2004 were required to have such legislation as a requirement for accession and Bulgaria and Romania will have faced the same requirements on accession in 2007. 

Member states that fail to meet their obligations can be taken to the European Court of Justice by the European Commission.  An individual who is unable to gain redress because a national government had failed to introduce legislation would have to seek compensation from that government.  This whole, multi-stage, process can be expected to take some years to work through to the status of practical policy in all member states.

Implications for Education and Training

The EU Disability Strategy emphasises equal access to quality education and lifelong learning.  These two areas enable disabled people to participate fully in society and improve their quality of life.  Providers of vocational training and general adult education face equivalent obligations to those of employers in terms of avoiding direct and indirect discrimination.

Click here for further information on the EU Disability Action Plan

Click here if you would like to download a full copy of Understanding Disability - a Good Practice Guide

Return to Understanding Disability - a Good Practice Guide menu