The European Social Charter and non-discrimination
Article 9 and Article 15 of the revised European Social Charter show a very sensitive approach towards persons with disabilities, asserting their right to receive vocational guidance in employment and their right to independence, social integration and participation in the life of the community. It remains that Part 5 Article E on non-discrimination does not explicitly include disability as a cause of discrimination to combat.
Article 13 of the Amsterdam Treaty and also Article 21 of the Charter of Fundamental Rights of the European Union explicitly include disability in their non-discrimination articles.
The Council of Europe has always been very active in protecting and promoting human rights, and strengthening social cohesion. The European Convention on Human Rights and the European Social Charter are among Council of Europe's most important instruments, but they do not explicitly protect disabled people from every kind of discrimination. It is true that the revised Social Charter has brought in a series of important amendments ensuring better protection of persons with disabilities, but all the same disability should not be missing when we talk about the need to fight against all kinds of unfair treatment. Unfortunately, discrimination on the grounds of disability is an issue that is far from out of date. The Council of Europe is well aware of that : it has created a working group on violence and abuse against persons with disabilities (co-ordinated by DG III), and has published a comparative study on Member States' legislation to counter discrimination against people with disabilities.
The situation of persons with disabilities in the 43 Member States of the Council of Europe is very varied. We know that in many countries that are members of both the Council and EBU persons with disabilities suffer from unequal treatment, and they are often the first victims of social changes.
I hope that the Council of Europe will take the above views into consideration in a future revision of the Social Charter. EBU will be very glad to cooperate in that regard.
Tommaso Daniele
EBU Vice-President
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