Sumario: August 2, 2002: Statement by Minister Counsellor Marianne Løwenhaupt Hoffmann, Ministry of Foreign Affairs, on behalf of the European Union: Questions in relations to overarching principles/rights (New York)
Mr. Chairman,
I have the honour to speak on behalf of the European Union on the questions relating to overarching principles or rights.
The European Union recalls its Declaration made on the occasion of the 50th anniversary of the Universal Declaration on Human Rights in 1998. In that Declaration it stated that universality and indivisibility of human rights and the responsibility for their protection and promotion, together with the promotion of pluralistic democracy and effective guarantees for the rule of law, constitute essential objectives for the European Union as a union of shared values and serve as a fundamental basis
for our action.
The human being is at the center of our policies. Ensuring the human dignity of every individual remains our common goal and the full realization of the rights of persons with disabilities deserve in particular to be highlighted as neglect in this respect remains widespread.
The European Union, which is founded on the principles of liberty, democracy, respect for human rights and fundamental freedoms and the rule of law, shares the values in which the Declaration is rooted as well as the six core UN human rights treaties that give concrete expression and effect to the Declaration.
Overall responsibility for combating discrimination remains with the Member States. Nevertheless, significant changes were introduced by the Treaty of Amsterdam in 1997. These changes enhance the legal capacity of the Union as such, to combat discrimination on the grounds, inter alia, of disability.
In an important Communication of 1996, the European Commission indicated that henceforth it would adopt the equality of opportunity and non-discrimination model as the appropriate framework of reference with respect to disability policy in the Community(1). The Commission also emphasized the value of civic dialogue with civil society in further developing its own policies. This shift of perspective was matched at the political level by Member States meeting in Council in December 1996 by their
adoption of a sister Resolution on Equality of Opportunity for People with Disabilities.
A new provision was inserted, Article 13 EC, by the Treaty of Amsterdam. As previously mentioned, this new provision confers competence on the Union to adopt measures to combat discrimination on a range of new grounds including disability. On the basis of Article 13, a new Directive was adopted by Council in November 2000, which forbids discrimination on the ground of disability in employment(2). Moreover, the overall thrust of the new European Employment Strategy is to shift the emphasis in
policy away from passive measures to active measures to raise employability in the open labour market. This is of particular relevance in the context of disability.
As the European Union stated yesterday it is important to keep in mind that any new international legally binding instrument should mainly be based on the existing general international human rights standards in the six core UN human rights treaties. The main challenge is to select relevant, existing human rights, and tailor these obligations to fit the circumstances of persons with disabilities in order to protect and promote their rights and dignity. The object of the exercise must be to
ensure the equal effective enjoyment of these rights for persons with disabilities.
The European Union finds the following basic values or principles to be foundational in meeting this challenge. These values or principles emanate from and help to underpin the full continuum of human rights. They should animate the text and guide the process of drafting. They obviously bear greater amplification. But the European Union would like to state them in headline form now and reserve its position as to how they can be more exactly expressed in any future legal instrument.
First of all, any legally binding instrument should be premised on the inherent dignity of the person. Disability does not detract from common humanity.
Secondly, any legally binding instrument should be premised on self-determination or autonomy and participation. Persons with disabilities have just as much right as anyone else to shape their own personal destinies and have just as much right as anyone else to participate in any decision making process that affects their own future.
Thirdly, any legally binding instrument should not merely protect people against the abuse of power it should also return power to persons by eliminating barriers against participation in the mainstream of life. It follows that the values of equal opportunities and non-discrimination lie at the heart of this objective. That is why the UN Standard Rules focus on equality. That is also why the European Union is developing its laws and policies in this regard. And that is why equality and
non-discrimination with respect to the enjoyment of human rights should lie at the heart of any new legal instrument.
Fourthly, the values and principle of social justice should also underpin any new legal instrument. The European Social Model is designed to harness social solidarity in support of the rights of others. We feel that some expression of this ethic is important in order to make formal freedom a reality for persons with disabilities.
Thank you, Mr. Chairman.
(1) Communication of the Commission on Equality of Opportunity for People with Disabilities + A New Community Disability Strategy, COM(96)406
(2) Council Directive 2000/78/EC; Establishing a General framework for Equal Treatment in Employment and Occupation
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