THE IMPLEMENTATION OF THE UN CONVENTION ON THE RIGHTS OF PERSONS WITH DISABILITIES IN GERMANY

Transcription

1 THE IMPLEMENTATION OF THE UN CONVENTION ON THE RIGHTS OF PERSONS WITH DISABILITIES IN GERMANY Work forum on the implementation of the UNCRPD, Charlemagne Building Gasperi room Brussels 10 June 2016 Wolfram Giese, Division Va 5, Federal Ministry of Labour and Social Affairs

2 Purpose of the UNCRPD - Equality through inclusion Inclusion is the guiding principle of the UNCRPD Full and equal enjoyment of all human rights and full and effective participation in society and inclusion on an equal basis with others Articles 1, 3c) UNCRPD In connection with: protection against discrimination Articles 2, 3b), 5 UNCRPD Disability = interaction between persons who have impairments and their environment Article 1, sentence 2 UNCRPD Work forum on the implementation of the UNCRPD, Charlemagne Building Gasperi room Brussels 10 June Wolfram Giese, Federal Ministry of Labour and Social Affairs 2

3 Transposition of the UNCRPD into German law On 26 March 2009, the UNCRDP became legally binding in Germany ( ratifying law according to Art. 59 para. 2 of the Basic Law) The UNCRPD is a federal law which has an impact on international law In principle immediate implementation(but in line with Art. 4, para. 2 of the UNCRPD progressive realization with regard to economic, social and cultural rights) Direct application or application via interpretation that complies with the Convention According to Art. 4, para. 5, the UNCRPD equally applies to all parts of the German national state (i.e. Federation, Länder and municipalities) Where applicable, the application of the UNCRPD has priority over Community law (where falling under EU responsibility). Work forum on the implementation of the UNCRPD, Charlemagne Building Gasperi room Brussels 10 June Wolfram Giese, Federal Ministry of Labour and Social Affairs 3

4 Implementation of the Convention in Germany according to Art. 33 of the UNCRPD Work forum on the implementation of the UNCRPD, Charlemagne Building Gasperi room Brussels 10 June Wolfram Giese, Federal Ministry of Labour and Social Affairs 4

5 Institutional implementation - government focal point according to Art. 33 of the UNCRPD Established at the Federal Ministry of Labour and Social Affairs, other federal ministries and in the Länder Point of contact for the administration and international bodies concerning questions and projects relating to the Convention (pilot function) Development, evaluation or further development of the National Action Plan (NAP/NAP 2.0) Preparation of state reports for consideration by the competent UN Committee (Art. 35 UNCRPD) Preparation of comments concerning individual complaint proceedings under the Additional Protocol of the UNCRPD Work forum on the implementation of the UNCRPD, Charlemagne Building Gasperi room Brussels 10 June Wolfram Giese, Federal Ministry of Labour and Social Affairs 5

6 Timeline from the UNCRPD to NAP and NAP Dec adoption of the Convention by the UN 30 March 2007 Germany signs the UNCRPD 3 May 2008 Convention enters into force 24/02/2009 Germany ratifies the UNCRPD 26 March 2009 UNCRPD enters into force in Germany 2010: preparation of the NAP with the participation of people with disabilities 15 June 2011: adoption of the NAP since 2011: implementation of the NAP 2013/2014: scientific evaluation of the NAP : preparation of the NAP 2.0 with the participation of people with disabilities 15 June 2016: adoption of the NAP 2.0 Work forum on the implementation of the UNCRPD, Charlemagne Building Gasperi room Brussels 10 June Wolfram Giese, Federal Ministry of Labour and Social Affairs 6

7 The National Action Plan (NAP) The NAP includes the review of the situation and a long-term strategy for the implementation of the UNCRPD for an initial period of ten years (until 2021) It is a horizontal issue of the government at large and of all ministries ('Disability Mainstreaming') It is not a finalised document, but a kick-start for the implementation of the UNCRPD at the national level The NAP was put to the test early and further developed between 2014 and 2016: based on an independent scientific evaluation Work forum on the implementation of the UNCRPD, Charlemagne Building Gasperi room Brussels 10 June Wolfram Giese, Federal Ministry of Labour and Social Affairs 7

8 NAP fields of action Long-term, interministerial, overall disability policy of the Federal Government (until 2021) 242 individual programmes 12 fields of action (including work and employment, education, rehabilitation, prevention, health and care...) 7 horizontal issues (gender mainstreaming, migration, disability diversity, accessibility, self-determined life, need for assistance and equal opportunities) Further development, i.a. based on evaluation Work forum on the implementation of the UNCRPD, Charlemagne Building Gasperi room Brussels 10 June Wolfram Giese, Federal Ministry of Labour and Social Affairs 8

9 Coalition Agreement "On the way towards an inclusive society, any political decision concerning persons with disabilities must take account of the UNCRPD". "In cooperation with people with disabilities and their organisations we are going to further develop the National Action Plan". Work forum on the implementation of the UNCRPD, Charlemagne Building Gasperi room Brussels 10 June Wolfram Giese, Federal Ministry of Labour and Social Affairs 9

10 Reference sources for the further development of the NAP UNCRPD and State Party review before the CRPD Committee 26/27 March 2015 Inclusion days 2014 and 2015 Further development of the NAP Evaluation of the NAP by Prognos Participation Report of the Federal Government Work forum on the implementation of the UNCRPD, Charlemagne Building Gasperi room Brussels 10 June Wolfram Giese, Federal Ministry of Labour and Social Affairs 10

11 Structure of the NAP 2.0 What issues remain? fields of activity horizontal issues chapter with introduction, chapter on the implementation of the NAP and annex What is new? stronger role of horizontal issues new system of targets for the action fields or for the more than 175 new measures structure of the action fields (reference to UNCRPD and recommendations from state review) chapter "Cooperation with other actors" measures for which various entities are responsible Work forum on the implementation of the UNCRPD, Charlemagne Building Gasperi room Brussels 10 June Wolfram Giese, Federal Ministry of Labour and Social Affairs 11

12 NAP 2.0 The NAP 2.0 builds on the 242 measures of the first NAP (running until 2021) This time, all ministries are represented with new measures ("Disability Mainstreaming) The NAP 2.0 contains a total of 175 new measures (current cabinet draft) Approximately 12 % of overarching measures (jointly provided by the federal ministries, Länder or other actors) Broad approach in terms of content horizontally across various policy fields and vertically across different levels Work forum on the implementation of the UNCRPD, Charlemagne Building Gasperi room Brussels 10 June Wolfram Giese, Federal Ministry of Labour and Social Affairs 12

13 Implementation of the UNCRPD as a task of society as a whole The government's NAP is supplemented by further action plans almost all of Germany's Länder have action plans of their own social insurance institutions (e.g. accident insurance, pension insurance) enterprises (e.g. RWE, SAP or Böhringer Ingelheim) institutions such as Evangelisches Johannesstift Berlin municipalities such as the cities of Kiel, Würzburg, Bonn or Magdeburg supreme courts and federal ministries have internal action plans Work forum on the implementation of the UNCRPD, Charlemagne Building Gasperi room Brussels 10 June Wolfram Giese, Federal Ministry of Labour and Social Affairs 13

14 The broad variety of action plans Work forum on the implementation of the UNCRPD, Charlemagne Building Gasperi room Brussels 10 June Wolfram Giese, Federal Ministry of Labour and Social Affairs 14

15 Important key projects of the Federal Government within the meaning of the UNCRPD Federal Participation Law (reform of integration assistance) Further development of disability equality legislation Promotion of the vocational integration of people with disabilities in the general labour market Legislation to enhance care Improvements in health care KfW-programme "Senior-Friendly Conversion" Improvement of accessibility in railway transport Research projects in guardianship law "Disability survey" (representative survey among people with disabilities) Work forum on the implementation of the UNCRPD, Charlemagne Building Gasperi room Brussels 10 June Wolfram Giese, Federal Ministry of Labour and Social Affairs 15

16 Further development of disability equality legislation Adapting the concept of disability to the UNCRPD text Improvement of accessibility within the federal administration Wider use of plain language for people with cognitive impairments Inclusion of the principle that, within the meaning of the UNCRPD, the denial of reasonable accommodation constitutes a form of discrimination through public sector bodies Establishment of a federal service for accessibility to support authorities in implementing accessibility Establishment of an arbitration body at the office of the Federal Government Commissioner for Matters Relating to Disabled Persons and introduction of an arbitration procedure Establishment of a legal foundation for the promotion of the participation of disabled persons' associations and self-advocacy organisations. Work forum on the implementation of the UNCRPD, Charlemagne Building Gasperi room Brussels 10 June Wolfram Giese, Federal Ministry of Labour and Social Affairs 16

17 The BMAS campaign Work forum on the implementation of the UNCRPD, Charlemagne Building Gasperi room Brussels 10 June Wolfram Giese, Federal Ministry of Labour and Social Affairs 17

18 gemeinsam-einfach-machen.de Work forum on the implementation of the UNCRPD, Charlemagne Building Gasperi room Brussels 10 June Wolfram Giese, Federal Ministry of Labour and Social Affairs 18

19 Thank you for your attention. Wolfram Giese Federal Ministry of Labour and Social Affairs - Division t Va 5 (Implementation of the Convention on the Rights of Persons with Disabilities, Focal Point, National Action Plan) Wilhelmstr Berlin Phone.: + 49 (0) Fax: + 49 (0) Mail: wolfram.giese@bmas.bund.de Work forum on the implementation of the UNCRPD, Charlemagne Building Gasperi room Brussels 10 June Wolfram Giese, Federal Ministry of Labour and Social Affairs 19