European Union – IMM situation

IMM name: EU-level Framework Required by Article 33.2 of the UN Convention on the Rights of Persons with Disabilities

IMM type: Other. The EU monitoring framework for the implementation of the CRPD consists of four members: between the European Ombudsperson, the EU Agency for Fundamental Rights (a body that to a certain degree resembles an independent human rights institution), Committees of the European Parliament and an umbrella NGO, the European Disability Forum, specialised on disability issues.

CRPD ratification date: 23 December 2010

IMM legal framework: The Framework became operational in 2013, based on a proposal by the Commission that was endorsed by the Council of the EU in 2012. In 2017 the Framework was revised by the Council of the EU to modify its composition. - Council outcome document (5241/17) containing the decision of the Council on the Commission's withdrawal of the EU Framework

The European Union ratified the CRPD on 23 December 2010. The framework has the following members: European Parliament (EP), European Ombudsman, EU Agency for Fundamental Rights (FRA), and the European Disability Forum (EDF). The European Commission organises regular consultations whenever it is developing a new policy initiative or revises existing legislation, including on issues that relate to the implementation of the CRPD. The Commission consulted and discussed with Member States, representatives of disability organisations, disability experts and academics and other relevant stakeholders during the preparation of the process. In December 2013, the EP Conference of Presidents decided that the Committee on Employment and Social Affairs, in close association with the Committee on Civil Liberties, Justice and Home Affairs, will represent the EP in the EU Framework. The European Commission was a member of the EU monitoring framework until late 2015 when at the proposal of the Commission, the Council decided on the withdrawal of the European Commission from the EU-level framework in accordance with the 2015 recommendation of the UN Committee for the Convention on the Rights of Persons with Disabilities so as to ensure the independence of the monitoring framework following this decision. There was no broad and inclusive consultation on this occasion.

The Framework became operational in 2013, based on a proposal by the Commission that was endorsed by the Council of the EU in 2012. In 2017 the Framework was revised by the Council of the EU to modify its composition.

The EU monitoring framework for the implementation of the CRPD consists of four members: This cooperation takes place between the European Ombudsperson, the EU Agency for Fundamental Rights (a body that to a certain degree resembles an independent human rights institution), Committees of the European Parliament and an umbrella NGO, the European Disability Forum, specialised on disability issues. No new entity was established. Rather, existing entities were brought together in a new form of cooperation. The four members perform tasks related to promotion, protection, and monitoring in an independent manner.

The European Ombudsman is independent under Article 228(3) TFEU; the EU Agency for Fundamental Rights is independent under Article 16(1) of its Founding Regulation (Article 16 speaks of “complete” independence (a qualification which the CJEU has interpreted extensively in its case law with regard to DPAs). This includes independence from the ‘executive branch’ under any definition. EDF and the European Parliament are also not under the authority of the executive branch.

The Independent Monitoring Mechanism is part of a Monitoring Framework consisting of another or other entities. The framework has the following members: European Parliament (EP), European Ombudsman, EU Agency for Fundamental Rights (FRA) and the European Disability Forum (EDF). The European Parliament: monitors the application of EU law through implementation reports, human rights reports, oral questions, studies, and implementation assessments. In particular, the Committee on Employment and Social Affairs (EMPL) is responsible for all aspects of social policy and for discrimination based on disability at the workplace and in the labour market; the Committee on Civil Liberties, Justice and Home Affairs (LIBE) is responsible for the protection within the territory of the EU of citizens' rights, human rights and fundamental rights as well as for measures needed to fight all forms of discrimination, including based on disability, other than those based on sex or occurring at the workplace and in the labour market; the Bureau Working Group on Equality and Diversity supervises the administrative measures to implement the CRPD in the Parliament's General Secretariat. The European Ombudsman:

• Proactively monitors the activities of the EU administration through strategic inquiries and initiatives
• Can receive complaints, as well as undertake ex officio investigations and produce reports (Article 228 TFEU) on maladministration in the activities of the EU institutions, bodies, offices and agencies, including the Commission and the EU Agency for Fundamental Rights (FRA)
• Collects reliable, objective and comparable data across the EU and provides independent analysis
• Reports on developments in the implementation of the CRPD in its Fundamental Rights Report
• Develops human rights indicators to assess the implementation of those rights, e.g., in projects on the political participation of persons with disabilities and the right to independent living

The European Disability Forum (EDF):

• Monitors EU legislation for compliance with the UN Convention and receives complaints on its implementation
• Prepared an alternative report and answers to the list of issues for the examination of the EU's implementation of the CRPD by the Committee on the Rights of Persons with Disabilities in 2015
• Independently promotes the Convention through awareness-raising campaigns and media activities, reports, the organisation of hearings and events, trainings, networking activities and the dissemination of relevant information to its European and national member organisations in order to reinforce their technical knowledge and advocacy capacity, as well as stakeholders’ engagement.

According to Article 44.2 of the Convention, the obligations of the EU as a regional integration organisation are equivalent to those of a State Party, to the extent of EU competences. Under the Council document setting up the framework, the EU framework's mandate covers areas of EU competence, and it is a complement to the national frameworks and independent mechanisms which bear the main responsibility for the promotion, protection and monitoring of the CRPD in the Member States. The EU framework covers two different mandates: first, the tasks must be carried out in those areas where the Member States have transferred competences to the EU (mainly EU legislation and policy). This will be the main area of the framework's actions. Second, the tasks must be carried out with respect to the "internal" implementation of the Convention by EU institutions, that is to say, vis-à-vis the Union's Public Administration, for example in relation to their employees as well as in their interaction with citizens and the public.

The IMM is also mandated with the following functions:

• Promoting the rights of persons with disabilities, including through education, outreach, the media, training and capacity building: the European Ombudsman can receive complaints, as well as undertake ex officio investigations and produce reports (Article 228 TFEU) on maladministration in the activities of the EU institutions, bodies, offices and agencies, including the Commission and the FRA.

These responsibilities include carrying out promotional activities under the Convention, like issuing an annual activity report with a dedicated section on disability and disseminating information via the Network of European Ombudsmen. The EU Agency for Fundamental Rights (FRA) can raise awareness of the Convention in accordance with Regulation 168/20076 and the Multi-annual Framework (MAF). It can address disability as part of the thematic area of anti-discrimination, but also through other thematic areas following a cross-cutting approach.

The European Disability Forum (EDF) independently promotes the Convention through awareness-raising campaigns and media activities, reports, the organisation of hearings and events, training, networking activities and the dissemination of relevant information to its European and national member organisations in order to reinforce their technical knowledge and advocacy capacity, as well as stakeholders’ engagement.

Other strategic promotional activities are the scrutiny of compliance of EU legislation and policies and giving technical advice to public authorities on the application of the Convention. The European Parliament promotes the rights of persons with disabilities through public debates and hearings, conferences and press conferences; sets up an inter-committee network made up of members from various committees, to review and screen documents and activities, raise awareness of disability related issues and promote a coordinated approach if possible; initiates pilot projects; suggests special reports to be drafted by the European Court of Auditors (ECA);

• Protecting the rights of persons with disabilities, including by receiving, investigating, and resolving complaints, or by mediating conflicts and monitoring activities and reporting: Compliance of the Member States with the Convention when implementing EU law: The protection of individuals against breaches of the Convention by the Member States when implementing EU law is primarily a matter for the national frameworks and courts.

The EU framework's role in the protection of individuals' rights is complementary to the national frameworks. The European Parliament's Petitions Committee (PETI) also contributes through receiving citizens’ petitions to the protection against Member States breaches of the Convention when implementing EU law, as it can hear all petitions from any EU citizen on matters that come within the Union's field of activity and directly affect them (Art. 227 TFEU). The Committee is independent from the Member States and the Commission when carrying out this task.

The European Parliament also proposes so called ‘pilot projects’ to the European Commission to finance specific projects or programmes where there is no legal base in the Union budget. The European Parliament closely cooperates with the European Court of Auditors and suggests possible reporting topics to the ECA in its yearly working programme. Both actions regularly tackle issues as regards to the rights of persons with disabilities.

• Compliance of the EU institutions with the Convention: The monitoring of alleged breaches of the Convention in the form of maladministration in the activities of the EU institutions is primarily the task of the European Ombudsman. S/he can hear and investigate complaints raising issues of law and good administration, as well as undertake ex officio investigations and produce reports (Article 228 TFEU). The European Ombudsman can investigate and report on possible maladministration by the Commission in the administrative phases of its complaints handling and monitoring activity.

The Ombudsman is independent of all the other EU institutions as well as from any Government, institution, body or office.

The European Parliament's Petitions Committee plays through investigating petitions a broad protection role as regards compliance with the Convention by the EU institutions in their policy-making and legislative actions, including when the EU institutions act in their public administration functions (e.g., in staff cases). It hears petitions concerning EU legislation and policies and can table oral questions to the Council and the Commission for debate in the plenary, or issue reports and/or resolutions. The European Disability Forum receives information and complaints from persons with disabilities about their individual experiences and brings these to the attention of the responsible administrations (e.g., European Ombudsman, national equality bodies) as well as the general public. In some cases, EDF can write third party interventions to a number of national and European Courts before the European Court of Human Rights (which is however not an EU court);

• Monitoring the implementation of the CRPD: Monitoring the implementation of the Convention by the EU institutions through EU law and policies: The European Parliament monitors the application of EU law through implementation reports, human rights reports, oral questions, studies and implementation assessments.

The European Disability Forum (EDF) independently performs systematic monitoring of the implementation of the Convention by the EU through law and policies, including by examining new legislative and policies proposals, and in some cases receives information and/or complaints relating to their implementation. It can therefore assess progress, stagnation, or retrogression in the enjoyment of rights over a certain period. The European Ombudsman complements the monitoring of the institutions' implementation of the Convention, as s/he can open own initiative inquiries and issue reports on instances of maladministration in the EU institutions and bodies, offices, and agencies.

Provision of data and development of indicators. The Fundamental Rights Agency (FRA) independently collects and analyses data within the limits of its mandate. Providing such data in an independent manner will be its main task in the framework. In this context, the FRA also develops indicators and benchmarks to support the monitoring process.

The IMM undertakes/has undertaken the following activities:

• Developing a plan to monitor the implementation of the CRPD by the State: Members of the EU CRDP Framework share information and take account of each other’s activities. They agree on a work programme that can include activities implemented by several members together or by the Framework as a whole
• Evaluating policy, legislative and administrative compliance with the CRPD: For example: EDF closely following the legislative proposals to put forward a new electoral law; the impact of Artificial Intelligence on persons with disabilities; Minimum Wage Directive; implementation of the European Accessibility Act (lots of MS late); Web Accessibility Directive; Pay Transparency Directive; Digital Service Act; upcoming Directive on combating gender-based;
• Offering legal and policy advice to ensure compliance with the CRPD and other relevant international human rights obligations of the State: EDF participated in the Commission’s consultations on topics relevant to persons with disabilities, with concrete recommendations to ensure compliance with the CRPD;
• Initiating or undertaking research studies on the rights of persons with disabilities: EDF publishes a yearly Human Rights Report that focuses on the implementation of specific rights/CRPD articles in the EU, i.e., equality and non-discrimination; poverty and social exclusion; right to vote and stand for election.
• Receiving and considering complaints or reviewing the outcome of complaints received by the NHRI;
• Promoting the rights of women and girls with disabilities in legislation and policies, including in the disability and gender-equality legislation and programmes: EDF promotes the rights of women and girls with disabilities, through the expertise of its women’s committee composed of women with disabilities and women caring for persons with disabilities from different disability groups and countries. For example, EDF advocates on ending forced sterilisation, combatting gender-based violence and for pay transparency. EDF also monitors the implementation of the EU Gender Equality Strategy from a disability perspective. o Parliament is promoting the rights of women and girls with disabilities, i.e. through its specialised committees”;
• Undertaking investigations on the rights of persons with disabilities: Article 228 TFEU empowers the European Ombudsperson to conduct inquiries for which grounds are found, either on his own initiative or on the basis of complaints submitted to him direct or through a Member of the European Parliament and has repeatedly done so. Parliament can through petitions and written questions, especially if the matter is forwarded to the Commission
• Focusing monitoring of the rights of women and girls with disabilities and reporting
• Submitting alternative reports to the CRPD Committee and other relevant human rights treaty bodies or international human rights mechanisms: EDF prepared an alternative report for the first review of the EU by the CRPD Committee and currently prepare another submission for the adoption of the list of issues prior to reporting, A joint report is due to be submitted by the EU framework soon
• Participating in the preparation of the State party’s periodic reports to the CRPD Committee: The Framework members actively participate in the preparation of the EU’s periodic reports to the CRPD Committee
• Cooperating with other domestic mechanisms, as appropriate, such as the Parliament, the National Preventive Mechanism (NPM), National Human Rights Institutions (NHRI) and Equality Bodies, with the aim to reinforce human rights monitoring and reporting at the national level: The Framework meets with EU national IMMs, in particular by meeting the CRPD Working Group of the European Network of National Human Rights Institutions (ENNHRI);
• Liaising with the focal point (s) designated within government under Article 33(1) for matters relating to the Convention’s implementation: the framework regularly liaises with the European Commission in its role as the designated focal point;
• Liaising with National Mechanisms for Reporting and Follow-Up on matters relating to the implementation of the CRPD: The EU Framework works to enhance synergies with national monitoring frameworks. For example, it meets annually with representatives of national monitoring mechanisms in EU Member States to share information and coordinate activities.

The IMM’s membership is composed of persons with disabilities and representatives of organisations of persons with disabilities. The European Disability Forum (EDF) is a member of the EU monitoring framework for the implementation of the CRPD. The EDF is an independent non-governmental organisation (NGO) that brings together representative organisations of persons with disabilities from across Europe. The umbrella organisation of persons with disabilities defends the interests of over 100 million persons with disabilities in Europe. Furthermore, women with disabilities and their representative organizations participate in the membership and managerial functions of the independent monitoring mechanism.

The European Parliament’s delegation is composed of Members of the European Parliament and relevant Committee Secretariats with competence in the matter. In terms of the process of selecting and appointing members to the IMM, the Conference of Presidents decides on the composition. The European Disability Forum’s Executive Committee is composed of the President, two Vice presidents, a Treasurer, a secretary and six members without portfolio. One of the two Vice presidents will be a representative of a National Council of disabled people, and the other will be a representative from a European NGO of disabled people. It is elected every four years, at the same time as the Board of Directors. Its members are also part of the Board of Administrators. EDF is represented in the Framework by its Secretariat.

The European Parliament elects the European Ombudsman. The Ombudsman might be re-elected. At the start of each parliamentary term or in the event of the death, resignation or dismissal of the European Ombudsman, the President of the European Parliament calls for nominations for the office of European Ombudsman and sets a time limit for their submission. Nominations must have the support of at least 40 Members of the European Parliament from at least two Member States. Nominations are submitted to the European Parliament’s Committee on Petitions, which considers their admissibility. The committee may ask to hear the nominees. A list of admissible candidates is then put to the vote in the European Parliament. The European Ombudsman is elected by the majority of the votes casted. The Management Board of the Fundamental Rights Agency brings together people with experience in the management of public or private sector organisations and knowledge in the field of fundamental rights from the Member States, the European Commission and the Council of Europe. It is composed of one independent person appointed by each of the 27 Member States of the EU and by each of the States holding observer status, one independent person appointed by the Council of Europe, two representatives of the European Commission.

Participation of persons with disabilities in the monitoring process:

Persons with disabilities and their representative organisations participate in the monitoring process through monitoring of public policies and legislation concerning persons with disabilities. Persons with disabilities take part in the decision-making process of the Independent Monitoring Mechanism, they have a voice and the right to vote. The EU framework is to operate as a simple, efficient, and practical mechanism where individual participants acting within a coordinated work plan will contribute to the tasks of promotion, protection and monitoring of the Convention within the remit of their existing competences.

Persons with disabilities attend the decision-making process of the Independent Monitoring Mechanism, they have a voice throughout the deliberations. The European Disability Forum is a member and participates in all meetings and decision. Furthermore, persons with disabilities monitoring their rights may submit findings or allegations of human rights violations to the Independent Monitoring Mechanism. Persons with disabilities monitoring their rights may directly engage with the member organisations and submit findings or allegations of human rights violations within the remit of the members. The European Parliament receives and deliberates on petitions. Persons with disabilities identifying themselves as self-advocates are invited to join specific monitoring activities by the Independent Monitoring Mechanism. The EU representative organisation of persons with disabilities are members and participate in all meetings and decisions.

In terms of a formal structure for involving persons with disabilities and their representative organisations in the monitoring process, the Fundamental Rights Platform is FRA’s civil society cooperation channel. All members of the EU Framework regularly hold consultations with and involve persons with disabilities and their representative organisations in the monitoring process, through public in-person meetings or written exchanges.

Note: If you wish to rectify or provide more information regarding your IMM, please contact ohchr-CRPDIMM@un.org