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This is currently the key European directive obliging member states to enact anti-discrimination legislation for disabled people. The UK has had to amend the DDA to comply with it. The directive is also of ongoing importance in the effect it is having on how the courts interpret and apply the DDA.
In the 2010 case of Kücükdeveci on age discrimination - but presumably the same applies to disability - the European Court said it was applying European primary law rather than the Framework Employment Directive as such. The Court said that the Framework Employment Directive gives expression to a general principle of European Union law on non-discrimination, rather than itself laying down the principle of equal treatment in the field of employment and occupation.
The directive requires member states to have legislation outlawing discrimination based on disability (and various other grounds including age) in the areas of employment, self-employment, and 'occupation'. It lays down a minimum level of protection that this legislation must give. The directive covers both direct and indirect discrimination, and includes a requirement to make reasonable accommodation for disabled people. More on Framework Employment Directive...
On 2nd July 2008 the European Commission adopted a proposal for a new directive covering discrimination beyond the workplace, where the discrimination is based on disability or various other grounds. The proposed directive would apply, for example, to provision of goods and services. More on the new proposed directive...
The Charter of Fundamental Rights of the European Union was proclaimed (adopted) at the Nice summit on 7th December, 2000. Full text of the Charter of Fundamental Rights (link to Europarl website), and Q&A Charter of Fundamental Rights (link to BBC News website).
The Lisbon Treaty which makes the Charter legally binding as from 1st December 2009. However, the UK secured a written guarantee that the Charter of Fundamental Rights cannot be used by the European Court to alter British labour law, or other laws that deal with social rights. Experts are divided on how effective this will be (Q&A: The Lisbon Treaty (link to BBC News website)). Also see Kücükdeveci where the Charter was cited by the European Court but was not the main basis of its decision.
There are two provisions expressly impacting on disabled people. Firstly Article 21 probibits discrimination on any ground including disability. Secondly, in Article 26: "The Union recognises and respects the right of persons with disabilities to benefit from measures designed to ensure their independence, social and occupational integration and participation in the life of the community."
The 1997 Treaty of Amsterdam introduced an express basis for EU legislation to combat disability discrimination. This is now in Article 19(1) of the Treaty on the functioning of the European Union (pdf, link to europa.eu). Before December 2009, when the Lisbon Treaty came into force, it was Article 13 of the 'Treaty establishing the European Community'. The current Article 19(1) reads:
Without prejudice to the other provisions of the Treaties and within the limits of the powers conferred by them upon the Union, the Council, acting unanimously in accordance with a special legislative procedure and after obtaining the consent of the European Parliament, may take appropriate action to combat discrimination based on sex, racial or ethnic origin, religion or belief, disability, age or sexual orientation.
Article 19(1) does not prohibit discrimination (though it seems there is a general principle of European law which prohibits it: Kücükdeveci , 2010). Rather, Article 19(1) provides authority for the European Union to pass legislation to combat discrimination, in areas where the Union has competence. The Union has used Article 19(1) (it was then 'Article 13') to pass the Framework Employment Directive, which is currently the key directive obliging member states to enact anti-discrimination legislation for disabled people.
The Council of Europe is distinct from the European Union. It is responsible for the European Convention on Human Rights and European Social Charter.
There are other EU measures aimed at combatting discrimination, including disability discrimination. For example, there is
See also under Further information below.
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Last updated 25th July, 2010
