| The outcome of the Amsterdam Summit has
been heralded as the greatest achievement of the European
Disability Forum and its membership to date, not just because of
the result a significant political breakthrough but also
because of how it was achieved.
It marked an important precedent the first time that
strategic, collective campaign work has taken place involving
all EDF members over a sustained period.
The tenacity and commitment bodes well for future campaigns, and
illustrates the richness and diversity of the NGOs involved, as
well as our solidarity as active players in a civil rights
movement.
The following chapter gives an overview of the campaign
strategy and a chronological account of the work undertaken,
illustrating the crucial lessons we have learned, which could be
applied to future initiatives undertaken by the EDF.
It is not an exhaustive analysis; much further work was
undertaken by many NGOs and individuals behind the scenes over a
sustained period, but it emphasises the decisive elements of the
campaign.
A.1. The raison d'κtre
Calls for an amendment to the Treaty establishing the
European Community (TEC) to incorporate a disability
non-discrimination clause date back to pre-1993. In the context
of the first European Day of Disabled Persons that year, there
was a call by the European Disabled People's Parliament for a
"general anti-discrimination provision" to be included
in the Treaty, in a resolution adopted by the 518 disabled
representatives present.
Thanks to opportunities presented during the EC action
programmes promoting equality of opportunity for people with
disabilities, particularly HELIOS I and II, the European NGOs
and national disability umbrella structures became more
politicised. The beginnings of a powerful European disability
movement emerged, demanding a human rights/equal opportunities
approach to recognition of disabled people as full citizens.
Disabled people's organisations recognised that a pre-requisite
for this was explicit reference in the EC Treaty to disability
and non-discrimination.
This vision was also shared by the European Union
institutions. For example, the European Commission's white paper
on social policy (1994) stated that serious consideration should
be given to the inclusion of a non-discrimination clause at the
forthcoming review of the Treaties.
The first decisive action in the campaign at European level
was a meeting between the EDF and Carlos Westendorp, the Chair
of the Reflection Group. This group was set up under the Spanish
presidency (July December 1995) to prepare the
intergovernmental conference, and was made up of representatives
from each national government, the European Parliament and the
European Commission. This fruitful exchange contributed towards
an acknowledgement, in the Reflection Group report, that the
Treaty should provide a "general clause prohibiting
discrimination on the grounds of, amongst others,
disability". Further, it should show special consideration
for disabled people both by referring to them in the general
non-discrimination clause in Article 6 and by adding a provision
in one of the subsequent chapters. The report highlighted the
need to examine carefully the economic consequences of Treaty
revision in this respect. The Spanish National Council of
Disabled People played a key role in facilitating the meeting
and ensuring ongoing discussion under the Spanish presidency.
A.2. Invisible citizens disabled people's status in
the Treaty
No mention of disabilities appeared in the Treaties, and it
could be said that in relation to the EU, disabled citizens were
invisible citizens. This view led to the preparation, of the
European Day of Disabled Persons (1995), of the "Invisible
Citizens" report. The document, which marked an important
step in the campaign, examines the status of disabled people in
the Treaties from a legal perspective. Compiled by renowned
human rights and disabled lawyers from throughout the Members
States, working in cooperation with political experts, this
report played a fundamental role in influencing opinions within
the institutions, substantiating arguments in favour of a
non-discrimination clause with sound legal analysis. The report
moreover acted as a vital awareness-raising tool within disabled
people's organisations. It rendered EU policy both accessible
and relevant to disabled people across the Union, and put them
on the centre stage. And it described in very tacit terms the
discrimination encountered by disabled people on a daily basis.
Finally, the report explored and justified detailed proposals
for Treaty amendments.
A.3. The Italian presidency: 1 January 1996 31 July
1996
In early 1996 both the European Parliament and the European
Commission published their respective final positions in
relation to the IGC. Both reports expressed commitment to a
reference within the Treaty to discrimination on grounds of
disability. As the intergovernmental conference is a conference
of Member States' governments, and the final outcome requires
unanimity, the main targets for the campaign were national
governments, and particularly those ministers and officials
involved in the IGC negotiations.
The end of March 1996, marked the opening of the
intergovernmental conference under the Italian presidency in
Turin, Italy. The Italian National Council played a central role
in the campaign at this stage, to ensure the disability
dimension received sufficient focus and key players in the
Italian government understood our agenda.
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