UNCRPD IMPLEMENTATION IN EUROPE - A DEAF PERSPECTIVE The series UNCRPD IMPLEMENTATION The EU’s ratification of the United Nations (UN) Convention on the Rights of Persons with Disabilities (CRPD) in 2010 means that there is now an obligation IN EUROPE - A DEAF PERSPECTIVE to implement the enshrined rights in a timely manner. The legal implications of the CRPD have been widely discussed at institutional level. As a result, it has become increasingly evident that this is a new and complex area where interna- Article 33: tional, European and national orders of law overlap. National implementation and monitoring This publication aims to contribute to, and provide possible interpretations of, the implementation of the CRPD with regards to deaf citizens, including sign language users and hard of hearing people. Each contribution in the series will explore a specific CRPD article, from both an academic and best practice perspective, and at all levels, from European to regional. Article 33: National implementation and monitoring This third book in the series focuses in particular on Article 33 of the CRPD. National implementation and monitoring is analysed and good examples are presented from the different stakeholders involved in the process; from the view of the decision makers, to the independent monitoring organisations and civil society organisations (Disabled People’s Organisations, DPOs), both at European and national level. The diverse chapters represent a range of disciplines and professionals. Their backgrounds span from political and institutional stakeholders and representa- tives, to academic scholars and NGO representatives. In particular, the authors explore how the rights enshrined in Article 33 are applicable to deaf and hard of hearing citizens, and how they are involved in the process of assuring that the Editor: CRPD is implemented in the best way possible. Petra Söderqvist Petra Editor: European Union of the Deaf www.eud.eu Petra Söderqvist UNCRPD Implementation in Europe – A Deaf Perspective An EUD Series 3 Article 33: National Implementation and Monitoring Petra Söderqvist (Editor) European Union of the Deaf Brussels, Belgium 3 UNCRPD Implementation in Europe – A Deaf Perspective European Union of the Deaf (EUD) Based in Brussels, Belgium, EUD is a not-for-profit European non- governmental organisation (ENGO) comprising National Associations of the Deaf (NADs). It is the only supranational organisation representing deaf people at European level, and is one of the few ENGOs representing associations in all 28 EU Member States, including Iceland, Norway, and Switzerland. The primary aim of the organisation is to establish and maintain EU level dialogue with European Union institutions and officials, in consultation and co-operation with its member NADs. EUD has participatory status with the Council of Europe (CoE), operates as a full member of the European Disability Forum (EDF) as well as being a Regional Co-operating Member of the World Federation of the Deaf (WFD) in tackling issues of global importance. The Directorate General for Employment, Social Affairs and Inclusion at the European Commission financially supports the organisation. EUD’s aim is to achieve equality in public and private life for deaf people all over Europe, so that they can become full and politically mature citizens in their own right. The organisation’s main objectives are: - The recognition of the right to use an indigenous sign language; - Empowerment through communication and information; and - Equality in education and employment. All rights reserved. No part of this book may be reproduced or transmitted by any person or entity, including internet search engines or retailers, in any form or by any means, electronic or mechanical, including photocopying, recording, scanning or by any information storage and retrieval system without the prior written permission of the editor and/or publisher. ISBN 978-2-9601505-2-0 © European Union of the Deaf (EUD), November 2015. Printed in Brussels, Belgium. Design: Churchill’s I/S – www.churchills.dk This publication is supported by an Operating Grant by the European Union Rights, Equality and Citizenship Programme. For more information, see: http://ec.europa.eu/justice/grants1/ programmes-2014-2020/rec/index_en.htm. The information contained in this publication does not necessarily reflect the position or opinion of the European Commission. 4 Article 33: National Implementation and Monitoring 1. Introduction a) The Series – Remarks by the Editor Petra Söderqvist .........................................................................................6 b) Welcome Dr Markku Jokinen (President, the European Union of the Deaf) .......................................7 c) Foreword Marianne Thyssen .....................................................................................8 (EU Commissioner for Employment, Social Affairs, Skills and Labour Mobility) d) Acknowledgements .......................................................................................9 e) Executive Summary ...................................................................................11 f) Article 33 UNCRPD ..................................................................................12 g) The Paris Principles ....................................................................................13 2. Article 33 of the CRPD as the key to make human rights of persons with disabilities a reality .................................................18 Madgi Birtha (PhD, School of Law, National University of Ireland, Galway, Ireland) 3. Observations and suggestions on benefits from Article 33 ...................................................................................37 Dr John Bosco Conama (PhD Equality Studies, Centre for Deaf Studies, Trinity College, University of Dublin, Ireland) 4. European Level a) EU Focal point ......................................................................................51 Maria Luisa Cabral (Head of Unit, Rights of Persons with Disabilities, the European Commission) b) The European Parliament Resolution on the List of Issues adopted by the United Nations Committee on the Rights of Persons with Disabilities in relation to the initial report of the European Union .................................59 Helga Stevens, Ádám Kósa, Rosa Estaràs Ferragut & Soledad Cabezón Ruiz (Members of the European Parliament) 5 UNCRPD Implementation in Europe – A Deaf Perspective c) The European Ombudsman’s role in relation to the CRPD .................64 Emily O’Reilly (European Ombudsman) d) The role of the EU Agency for Fundamental Rights in monitoring the implementation of the CRPD in the EU .........................70 Constantinos Manolopoulos (Director, a.i., European Union Agency for Fundamental Rights) e) Civil Society involvement in the CRPD Committee’s review process and the Alternative Report ................................................88 Yannis Vardakastanis (President, the European Disability Forum) f) The added value of being involved in the CRPD process ..........................99 Petra Söderqvist (Policy Officer, the European Union of the Deaf) 5. National Level a) Belgium i. The Implementation of the CRPD in a federal state ................ 111 Greet van Gool (Policy Officer, Federal Public Service Social Security) ii. The responsibility of a monitoring mechanism ........................123 Véronique Ghesquière (Head of Service Handicap/Convention ONU, the Belgian Interfederal Centre for Equal Opportunities) iii. Cooperation between two deaf associations ..............................133 Filip Verstraete & Frédéric Bouquelloen (Director, the Federation of Flemish Deaf Organisations & President, the French-speaking Federation of the Deaf Belgians) b) Czech Republic i. National implementation of the CRPD ....................................138 Šárka Prokopiusová (President, the Czech Republic Union of Deaf and Hard of Hearing) 6 Article 33: National Implementation and Monitoring c) Denmark i. The Danish state’s Implementation of the UN Convention on the Rights of Persons with Disabilities (CRPD) ................144 Christina Kristholm Jørgensen (Head of Section, Ministry of Social Affairs and the Interior, Office for People with Disabilities) ii. Trying to make changes for persons with disabilities ...............155 Signe Stensgaard (Special Adviser, Danish Institute for Human Rights) iii. Getting involved in the CRPD parallel reporting process ......164 Kasper Bergmann (Former Executive Director, the Danish Deaf Association) d) Hungary i. The implementation objectives of a non-profit, public benefit organisation: What does the CRPD mean to us? .....................173 Dóra Hangya (Head of labour market services and HR solutions, the Hungarian Association of the Deaf and Hard of Hearing) e) Spain i. Implementation and legislation .................................................184 Patricia Mora Ruiz and Marta Muñoz Sigüenza, Legal Advisors, the Spanish National Confederation of Deaf People f) Sweden i. Civil Society Participation .........................................................193 Csilla Gradwohl (Intern, Equally Unique) ii. The CRPD implementation movement .....................................202 Hanna Sejlitz (President, the Swedish National Association of the Deaf) 6. Equality bodies: promoting, protecting and monitoring the implementation of the CRPD ...............................212 Anne Gaspard & Moana Genevey (Executive Director & Policy and Communications Assistant,