1.1 Introduction
The UN Convention on the Rights of Persons with Disabilities characterizes individuals with disabilities as those experiencing long-term physical, mental, intellectual, or sensory impairments that, when combined with various obstacles, might impede their complete and effective engagement in society on an equal footing with others.
Approximately 87 million individuals in the EU are affected by some type of disability. In Europe, numerous people with disabilities face disparities in opportunities compared to others. Accessibility challenges persist in schools, workplaces, infrastructures, products, services, and information, limiting their access. Additionally, they may encounter unfavourable treatment or unfairness.
In their commitment to enhancing the social and economic well-being of individuals with disabilities, the EU and its Member States draw inspiration from the Treaty on the Functioning of the EU and the Charter of Fundamental Rights of the EU. Emphasizing the principles outlined in the European Pillar of Social Rights, Principle 17 underscores the entitlement of individuals with disabilities to receive income support ensuring a dignified life, access to services facilitating participation in the labour market and society, and a work environment tailored to their requirements.
The European Union, along with all its Member States, is a signatory to the United Nations Convention on the Rights of Persons with Disabilities (UNCRPD). This significant agreement has informed the development of the Strategy for the Rights of Persons with Disabilities 2021-2030 (United Nations Convention on the Rights of Persons with Disabilities – Employment, Social Affairs & Inclusion – European Commission, n.d.).
1.2 The new strategy for the rights of individuals with disabilities 2021-2030
The Strategy for the Rights of Persons with Disabilities 2021-2030 is designed to address the multifaceted challenges encountered by individuals with disabilities. Its overarching objective is to advance in all dimensions outlined by the United Nations Convention on the Rights of Persons with Disabilities, both at the European Union and Member State levels. The primary aim is to ensure that individuals with disabilities in Europe, without regard to factors such as sex, racial or ethnic origin, religion or belief, age, or sexual orientation, can fully enjoy their human rights, access equal opportunities, participate in society and the economy on an equal basis, make decisions about their living arrangements, move freely within the EU irrespective of their support needs, and no longer face instances of discrimination.
Expanding upon the established European Quality Framework for Social Services, the Commission aims to introduce, by 2024, a dedicated framework known as the “Social Services of Excellence” for individuals with disabilities. This initiative seeks to enhance the delivery of services for persons with disabilities and boost the appeal of employment opportunities in this sector. This includes efforts towards upskilling and reskilling service providers to elevate the overall quality of support provided (Union of Equality: Strategy for the Rights of Persons with Disabilities 2021-2030 – Employment, Social Affairs & Inclusion – European Commission, n.d.).
1.3 Developing new skills for new jobs
According to the European Skills Agenda, each country should have plans for skills, and these plans need to consider the specific needs of people with disabilities. It’s crucial to make sure that everyone, including people with disabilities, has the same chances to go to school and get training for jobs.
Countries need to adjust their education and training rules to support people with disabilities, following the UNCRPD. However, many young people with disabilities end up in special schools instead of regular ones because regular schools aren’t accessible, don’t provide necessary support, and may not adjust to their needs. The Council Recommendation on vocational education and training encourages countries to create training programs that include and help people with disabilities.
The Commission pledges to collaborate with the European Network of Public Employment Services to create opportunities for shared learning. This initiative aims to better understand the skills required in the job market and improve guidance services for employed individuals and vulnerable groups. The focus will be on addressing skills gaps, especially in digital skills, often through partnerships with social enterprises that promote labor market inclusion. This commitment aligns with the goals outlined in the Digital Education Action Plan 2021-2027. Additionally, Member States will receive assistance in obtaining assistive technologies and ensuring an accessible digital learning environment and content.
The Commission urges Member States to:
- Establish goals for the involvement of adults with disabilities in learning, aiming to enhance their engagement. Ensure that national skills strategies address the specific requirements of persons with disabilities to contribute to the objectives of the skills Agenda and the action plan implementing the Pillar of Social Rights.
- Implement targeted measures and adaptable training formats to guarantee inclusive and accessible Vocational Education and Training (VET) programs, extending the inclusivity to persons with disabilities.
- Expand support for collaboration between pertinent stakeholders in the social economy, building on the outcomes of the Blueprint for sectoral cooperation on skills under the Pact for Skills. This includes identifying digital skills needs and incorporating assistive technology to enhance employability.
1.4 Fostering access to quality and to sustainable jobs
The Commission will help countries in the EU by supporting businesses that help people with disabilities. These businesses not only provide services for people with disabilities but also help them find jobs in regular workplaces. The situation of these businesses can be different in each country in the EU. To assist countries in including marginalized groups, EU laws allow for special contracts, and competition laws permit extra help for hiring workers with disabilities. At the same time, countries are creating policies for ‘inclusive entrepreneurship,’ focusing on groups that are not represented enough, like women, young people, migrants, and people with disabilities.
In 2022, the Commission plans to introduce measures to improve job opportunities for people with disabilities. This involves working together with the European Network of Public Employment Services, social partners, and disability organizations. The package aims to help EU countries follow the guidelines for employment, providing guidance and promoting shared learning on enhancing employment and integration services. It also focuses on encouraging hiring through affirmative action, challenging stereotypes, ensuring reasonable accommodation, ensuring health and safety at work, and providing vocational rehabilitation for chronic diseases or accidents. The package explores creating quality jobs in sheltered employment and pathways to regular job markets.
The Commission also:
- Published an implementation report on the EU Employment Equality Directive in 2021. If needed, it proposed legal changes, especially to enhance the effectiveness of equality bodies.
- Issued an Action Plan on Social Economy in 2021. This plan aimed to enhance the conditions for the social economy, emphasizing opportunities for persons with disabilities. It focused on social enterprises that contributed to integrating individuals into the open job market.
1.5 EU Employment Equality Directive 2022
According to Article 3 of the Treaty on European Union (TEU), the Union has various goals, including making its people happy and supporting the long-term development of Europe through a strong and fair economy. This involves achieving full employment, making social progress, ensuring a high level of environmental protection, and promoting fairness and equality between men and women. Article 9 of the Treaty on the Functioning of the European Union (TFEU) adds that the Union must also consider things like ensuring high employment, providing sufficient social protection, and fighting against social exclusion (DIRECTIVE OF THE EUROPEAN PARLIAMENT, 2022).
Several directives related to individuals with disabilities:
1. Member States must make sure that information about the lowest wages set by law and the protection these wages get from universally applicable group agreements, along with details about how to seek justice, is easily accessible to the public. This information should be available in the most appropriate language, as decided by each Member State. It should be presented in a way that’s easy to understand and access, especially for people with disabilities.
Unfortunately, not all workers in the Union are effectively safeguarded by minimum wages. In some Member States, even if workers are technically covered, they end up getting paid less than the legal minimum wage because the rules aren’t being followed. This non-compliance tends to affect certain groups more, such as women, young workers, those with lower skills, migrants, single parents, people with disabilities, those in non-standard jobs like temporary or part-time work, and workers in agriculture and hospitality. This situation pushes down wages. In Member States where minimum wage protection relies only on collective agreements, the percentage of uncovered workers is estimated to be between 2% and 55% of all workers.
2. The United Nations’ Convention on the Rights of Persons with Disabilities insists that workers with disabilities, including those in sheltered employment, should be paid equally for the same work value. This principle is also important when it comes to minimum wage protection. Workers need easy access to clear information about both legal minimum wages and the protection provided by group agreements. This ensures transparency and predictability about their working conditions, including for people with disabilities, following Directive (EU) 2016/2102 of the European Parliament and of the Council.