"Improving the quality of life of people with
disabilities: enhancing a coherent policy for and through full
participation"
1. Background
At the invitation of the Spanish government, the Second European
Conference of Ministers responsible for integration policies for people
with disabilities was held in Malaga on 7 and 8 May 2003, with Mr Eduardo
ZAPLANA, Minister of Employment and Social Affairs of Spain, in the Chair.
The Conference elected Dr Luis PAIS ANTUNES, Secretary of State of
Labour, Portugal (7 May) and Dr Vlado DIMOVSKI, Minister of Labour, Family
and Social Affairs, Slovenia (8 May) Vice-Chairs.
The general theme of the conference was "IMPROVING THE QUALITY OF LIFE
OF PEOPLE WITH DISABILITIES: ENHANCING A COHERENT POLICY FOR AND THROUGH
FULL PARTICIPATION". Sub-themes were: 1. "Promoting citizenship and full
participation by developing effective legal and policy provisions to
ensure equality of opportunities for people with disabilities", and 2.
"Developing innovative approaches on services, intended to meet the needs
of people with disabilities as consumers". Proposals to enhance the
integration of women with disabilities and that of people with
disabilities in need of a high level of support were discussed as
cross-cut issues.
The main objective of the Conference was to develop common principles
which should permeate future disability policy development and public
service delivery. To that end, Ministers discussed the achievements and
shortcomings of recent and current integration policies for people with
disabilities and ways of meeting the new challenges. They exchanged ideas,
shared experiences, and discussed measures taken, or to be taken, at
national, European, and international level to improve the quality of life
of people with disabilities.
The outcome of that debate, the "Malaga Ministerial Declaration on
People with disabilities: "Progressing towards full participation as
citizens" initiates the elaboration of an ambitious, detailed but flexible
European Action Plan to implement at national and international level the
principles evoked at this Second European Conference.
Moreover, the Conference contributes to the European Year of People
with Disabilities 2003, proclaimed by the Council of the European Union on
3 December 2001.
The Conference was attended by Ministers responsible for integration
policies for people with disabilities of the Council of Europe member and
observer states, or their representatives.1
It was also attended by representatives of the Council of Europe's
Committee of Ministers, the Parliamentary Assembly, the Congress of Local
and Regional Authorities of Europe (CLRAE), by the Council of Europe
Commissioner for Human Rights, by representatives of the Council of Europe
Development Bank and of several Council of Europe Steering Committees, a
representative of the Commission of the European Communities, and
observers from the International Labour Organisation (ILO), the
Organisation for Economic Co-operation and Development (OECD), and
international non-governmental organisations.
2
2. Political Declaration
Malaga Ministerial Declaration on People with disabilities
"Progressing towards full participation as citizens"
1. We, the Ministers responsible for integration policies for people
with disabilities, gathered from 7-8 May 2003 in Malaga on invitation of
the Spanish government, at the Second European Conference of Ministers,
organised by the Council of Europe,
1. Aware of
2. the Council of Europe's aim, as enshrined in its Statute, is "to
achieve greater unity between its members for the purpose of safeguarding
and realising the ideals and principles which are their common heritage
and facilitating their economic and social progress";
3. the outcome of the first Conference of Ministers responsible for
policies for people with disabilities, Paris, 7-8 November 1991, entitled
"Independent Living for people with disabilities", which led the Committee
of Ministers of the Council of Europe to adopt Recommendation No. R (92) 6
on a coherent policy for people with disabilities;
4. the fact that protection and promotion of human rights and
fundamental freedoms, and their full enjoyment are essential for the
active participation of people with disabilities in society, and that the
principle of equality of opportunities for people with disabilities
represents a basic value shared by all Council of Europe member states;
5. the contribution of the European disability movement to the Council
of Europe Second Ministerial Conference on disability "From words to
deeds", adopted at the European NGO Forum on 8 April 2003 in Madrid;
6. the existence of substantial variations among Council of Europe
member states as regards their political, economic and social situation
and of the fact that a number of countries, particularly those with
economies in transition, may be less well equipped to meet the demands of
modern disability policies and need more advice and further assistance;
7. the fact that policies for people with disabilities are faced with
certain political, economic, social, demographic, cultural and
technological challenges, since, in the last decade, Europe has been
undergoing various changes, which affect the quality of life of the
population and raise multiple challenges whilst offering new opportunities
for the development of coherent policies for people with disabilities;
8. the fact that two aspects are especially relevant in relation to
people with disabilities: on the one hand, the increasing number of the
European elderly population, which must be taken into account in any
future strategy for social cohesion, based on prevention of dependency on
support services over the life course and preservation of quality of life
in old age; on the other hand, the fact that, as result of scientific
advances in the health field and the improvement of living conditions,
persons with physical and mental impairments live longer and fuller lives,
generating new needs in relation to the provision of services, economic
support and protection of their human rights;
9. the fact that 2003 has been proclaimed European Year of People with
Disabilities by the European Union, and that its main aim is to raise
awareness of the rights of people with disabilities to equal opportunities
and promote full and equal enjoyment of these rights;
10. the works of the UN Ad Hoc Committee "to consider proposals for a
comprehensive and integral international convention to promote and protect
the rights and dignity of persons with disabilities";
11. the work carried out by the Council of Europe Committee on the
Rehabilitation and Integration of People with disabilities, enhancing
intergovernmental co-operation in the framework of the Partial Agreement
in the Social and Public Health Field;
12. the achievements of the Council of Europe and other international
organisations, institutions or events as listed in the Appendix to this
Declaration;
2. Reaffirm
13. our commitment to securing human rights and fundamental freedoms
for everyone under our countries' jurisdiction, as set out in the European
Convention on Human Rights, and that all human beings are born free and
equal in dignity and rights, and with a potential to contribute
constructively to the development and well-being of society, and that all
persons are equal before the law and entitled to equal protection of the
law;
14. that arrangements for the full and effective implementation of all
human rights, as enshrined in European and other international human
rights instruments, must be applicable without any discrimination or
distinction on any ground, including disability;
15. our will expressed in the First Conference of Ministers responsible
for policies for people with disabilities, held in Paris in 1991, to
promote a coherent and integrated policy for persons with disabilities,
and that Recommendation No. R (92) 6 on "A coherent policy for people with
disabilities" has inspired countries to adopt legislative and policy
measures leading to progress on the way to full participation, and that it
is a basic reference document which should serve as a platform for future
action;
16. that enhancing citizenship and full participation of people with
disabilities requires empowerment of the individual so that he/she can
take control of his/her own life, which may require specific support
measures;
3. Consider
17. that our main aim in the next decade is to improve the quality of
life of people with disabilities and their families, putting the emphasis
on their integration and full participation in society, since a
participative and accessible society is of benefit to the whole
population;
18. that measures aimed at improving the quality of life of people with
disabilities should be based on a sound assessment of their situation,
potential and needs, developing innovative approaches in services, taking
account of their preferences, entitlements and circumstances;
19. that appropriate strategy to reach this aim should be expressed in
a future Action Plan to promote the elimination of all forms of
discrimination against people with disabilities of all ages, with special
focus on disabled women and people with disabilities in need of a high
level of support, so that they will all be able to enjoy their human
rights, fundamental freedoms and full citizenship;
20. that it is necessary to adopt an integrated approach towards the
elaboration of national and international disability policies and
legislation, and to duly reflect the needs of people with disabilities in
all relevant fields of policies, particularly in key areas such as access
to housing, education, vocational guidance and training, employment, the
built environment, public transport, information, health care, and social
protection;
21. that it is a basic objective to develop economic, social,
educative, employment, environmental and health measures in order to
maintain every disabled individual's maximum capacity over the life course
and in order to help prevent disability;
22. that education is a basic instrument of social integration and
efforts should be made to give the opportunity to children with
disabilities to attend a mainstream school, if it is in the interest of
the child, to facilitate the transition from school or higher education to
employment, and to develop the concept of life-long learning;
23. that equality of access to employment is a key element for social
participation; therefore progress should be made towards the integration
of people with disabilities in the labour market, preferably in the open
market, shifting our focus to assessing abilities and implementing active
policies, and that having a diverse workforce by promoting access of
people with disabilities in the ordinary labour markets is an added value
for society;
24. it vital to understand the social nature of technology and to make
the best use of the potential of new technologies, with the aim of
increasing autonomy and interactions of people with disabilities in all
areas of life;
25. that as a result of scientific advances in the health field and the
improvement of living conditions, persons with physical, psychological and
intellectual impairments live longer, generating new needs and challenges
in relation to the provision of care services, which should be met with
innovative approaches;
26. the need to ensure that the benefits of living longer do not result
in an increasingly higher number of persons dependent on support services,
by fostering, among the population from an early age, healthy habits and
life conditions which enable a good state of physical and mental health at
a later stage in life;
27. that progress is required to provide for the removal of barriers
and the adoption of the universal design principle to ensure that new
barriers are not created;
28. that there is a small but growing number of people with
disabilities in need of a high level of support and we therefore recognise
the need to strengthen structures around those individuals and their
families without departing from a model of community-based services;
29. that the situation of women with disabilities in Europe deserves
higher visibility and more specific attention in order to guarantee their
independence, autonomy, participation and social integration and that
action taken should support a gender mainstreaming approach to disability
policy development;
4. Undertake
30. to work within anti-discriminatory and human rights frameworks
towards mainstreaming equality of opportunity for people with disabilities
throughout all policy areas;
31. not to discriminate on the grounds of the origin of the disability
or the identity of the disabled person;
32. to enhance the possibilities of people with disabilities to carry
on an independent life, within the community, through the progressive
adoption of the principles of inclusive technologies and Universal Design
inter alia in the building of environments, public facilities,
communication systems and housing;
33. to work towards strengthening co-ordination across and between
government departments; with a particular commitment to promoting equity
in mainstream service provision, health care and the legal system as well
as improving accountability between local, regional and national areas of
responsibility;
34. to promote the provision of quality services, responding to the
needs of individuals with disabilities which are accessed via published
eligibility criteria, based on thorough and equitable assessment, shaped
by the disabled person's own choices, autonomy, welfare and
representation, with proper safeguards, regulation and access to
independent adjudication of complaints, and to consolidate and strengthen
measures already in place;
35. to champion the inclusion of people with disabilities in all walks
of life through education and by making a commitment to people with
disabilities as citizens with control over their life;
36. to progress the integration of people with disabilities into the
labour market by moving the focus to assessing abilities, in particular
vocational abilities, and by making vocational guidance and training as
well as employment more accessible;
37. to take full account of the needs of children with disabilities and
their families as well as of elderly people with disabilities without
detracting from the current commitments to disabled adults of working age,
whether or not they are in employment, noting that employment cannot be
allowed to stand as the only measure of citizenship, arena for
participation and route to human dignity;
38. to continue supporting basic and applied scientific research
particularly in the area of new information and communication
technologies, in order to improve aids that enable interactive
participation in all areas of life;
39. to implement the means necessary for an effective balancing of
opportunities between men and women and active participation of persons
with disabilities, with special focus on women and girls within the areas
of education and training, employment, social policy, participation and
decision-making, sexuality, social representation, motherhood, home and
family life, and on prevention of violence;
40. to carry out further analyses of the scope of measures and
provisions that would effectively improve community living for people with
disabilities in need of a high level of support, and to collect the
statistical data necessary for the definition and evaluation of disability
policies;
41. to have the needs of families of children with disabilities
carefully assessed by the responsible authorities with a view to providing
measures of support to enable children to grow up with their families, to
be included in local children's life, and to receive an education;
42. to have the needs of families as providers of informal care
thoroughly assessed, especially those with children with disabilities or
caring for persons in need of a high level of support, with a view to
providing measures of information, training and assistance, including
psychological support, to enable life within the family;
43. to work on the development of programmes and resources to meet the
needs of persons with disabilities as they age;
44. to foster among the population from early age health habits and life
conditions in order to reach active ageing in the highest attainable
standard of physical and mental health;
45. to work towards the development of a positive image of people with
disabilities in cooperation with various stakeholders, including the
media;
46. to involve people with disabilities in decisions affecting them
personally, and organisations of people with disabilities in policy
making, paying special attention to people with multiple disabilities or
complex disorders and those who are unable to represent themselves;
47. to promote the involvement and collaboration of the social partners
and all other public and private stakeholders and actors involved in
policy making;
5. Recommend
48. that the Committee of Ministers of the Council of Europe continues
to promote policies aimed at ensuring full citizenship and active
participation of people with disabilities, with the full participation of
all member states, and to strengthen the role of the Council of Europe as
a platform for international co-operation in the field of disability
policy-making by inviting the Committee on the Rehabilitation and
Integration of People with disabilities and other relevant Council of
Europe committees to further mainstream disability policies within their
areas of competence;
49. the elaboration, taking into account the considerations raised at
this Ministerial Conference, of a Council of Europe Action Plan for people
with disabilities: a new European policy framework for the next decade,
based on human rights and partnership between different actors, setting up
strategic objectives and priority issues in order to achieve full
citizenship and active participation of people with disabilities in the
life of the community, through workable, affordable and sustainable
policies;
50. that the Council of Europe plays an active role in the negotiations
in the context of the forthcoming sessions of the United Nations Ad Hoc
Committee established "to consider proposals for a comprehensive and
integral international convention to promote and protect the rights and
dignity of persons with disabilities", by making use of the Council's
extensive experience in human rights matters;
6. Invite
51. all Council of Europe member and observer states and
representatives from European non-governmental organisations to
participate in the activities and work of the Council relating to the
enhancing of a coherent policy for and through full participation of
people with disabilities;
7. Wish
52. to share the beliefs, values and principles concerning the human
rights and fundamental freedoms of people with disabilities, as well as
full citizenship and active participation in the life of the community,
set out in this Declaration of European Ministers, and identified as
common European features, with everybody, including people outside Europe.
* * *
Finally, we thank the Spanish Authorities for the excellent
organisation of the Conference and for their generous hospitality.
APPENDIX
Convention for the Protection of Human Rights and Fundamental Freedoms;
European Social Charter (revised), in particular Art. 15 "The right of
people with disabilities to independence, social integration and
participation in the life of the community";
European Code of Social Security, Protocol to the European Code of
Social Security, European Code of Social Security (revised);
"Strategy for Social Cohesion" adopted by the European Committee for
Social Cohesion of the Council of Europe on 12 May 2000;
Recommendation No. R (86) 18 of the Committee of Ministers of the
Council of Europe on the "European Charter on Sport for all: disabled
persons";
Recommendation No. R (92) 6 of the Committee of Ministers of the
Council of Europe on "A coherent policy for people with disabilities";
Resolution AP (95) 3 on a charter on the vocational assessment of
people with disabilities
Recommendation No. R (98) 9 of the Committee of Ministers to member
states on dependence;
Recommendation Rec (2001) 19 of the Committee of Ministers to member
states on the participation of citizens in local public life;
Resolution ResAP(2001)1 of the Committee of Ministers of the Council of
Europe on the introduction of the principles of universal design into the
curricula of all occupations working on the built environment ("The Tomar
Resolution");
Resolution ResAP(2001)3 of the Committee of Ministers of the Council of
Europe "Towards full citizenship for people with disabilities through
inclusive new technologies";
Recommendation No. 1185 (1992) of the Parliamentary Assembly of the
Council of Europe on "Rehabilitation policies for the disabled";
Recommendation No. 1592 (2003) of the Parliamentary Assembly of the
Council of Europe "Towards full social inclusion of persons with
disabilities";
Recommendation 1598 (2003) of the Parliamentary Assembly of the Council
of Europe "Protection of sign languages in the member states of the
Council of Europe";
Recommendation 1601 (2003) of the Parliamentary Assembly of the Council
of Europe "Improving the lot of abandoned children in institutions";
Resolution 216 (1990) of the Standing Conference of Local and Regional
Authorities of Europe (today: Congress of Local and Regional Authorities
of Europe (CLRAE) (Council of Europe)) on the rehabilitation and
integration of the disabled: role of local authorities;
Final Declaration adopted by the Heads of State and Government of the
member states of the Council of Europe, meeting in Strasbourg for the
Second Summit of the Council of Europe (October 1997), who recognised that
"social cohesion is one of the foremost needs of the wider Europe and
should be pursued as an essential complement to the promotion of human
rights and dignity";
Council of Europe "Malta Declaration on access to social rights", 14-15
November 2002;
the contribution of the Council of Europe Commissioner for Human
Rights;
United Nations Convention on the Rights of the Child (1989);
United Nations Covenant on Economic, Social and Cultural Rights (1966);
United Nations Covenant on Civil and Political Rights (1966);
United Nations Universal Declaration of Human Rights (1948);
United Nations Standard Rules on the Equalization of Opportunities for
Persons with Disabilities (1993);
Vocational Rehabilitation and Employment (Disabled Persons) Convention,
1983, (No. 159) and Recommendation, 1983, (No. 168) of the International
Labour Organization (ILO);
UNESCO Salamanca Statement and Framework for Action on Special Needs
Education (1994);
International Plan of Action on Ageing, adopted by the Second World
Assembly on Ageing, Madrid, 8-12 April 2002;
Regional Implementation Strategy for the Madrid International Plan of
Action on Ageing 2002, adopted by the United Nations Economic Commission
for Europe Ministerial Conference on Ageing, Berlin, 11-13 September 2002;
International Classification of Impairments, Disabilities and Handicaps
(ICIDH) (1980) of the World Health Organization (WHO);
International Classification of Functioning, Disability and Health (ICF)
(2001) of the World Health Organization (WHO);
Resolution of the Council of the European Union and of the
representatives of the governments of the member states meeting within the
Council of 20 December 1996 on equality of opportunity for people with
disabilities;
Council Directive (2000/78/EC) of 27 November 2000 establishing a
general framework for equal treatment in employment and occupation;
Council Decision (2000/750/EC) of 27 November 2000 establishing a
Community action programme to combat discrimination (2001-2006);
Council Decision (2001/903/EC) of 3 December 2001 on a European Year of
People with Disabilities 2003;
Madrid Declaration "Non discrimination plus positive action results in
social inclusion", adopted at the European Conference of NGOs held in
Madrid in March 2002;
Barcelona Declaration: The City and the Disabled (1995);
Declaration of the European Social Partners on the employment of people
with disabilities (Cologne, May 1999)
Declaration of the Social Partners for the European Year of People with
Disabilities: Promoting equal opportunities and access to employment for
people with disabilities, 20 January 2003
Contribution of the European disability movement to the Council of
Europe Second European Conference on disability "From words to deeds",
adopted at the European NGO Forum on 8 April 2003 in Madrid.
Skyddas av
