Disabled call for a place in new treaty

Date: 06/03/1997

By Simon Coss

GROUPS representing disabled people are at loggerheads with the Dutch government over proposals to include an anti-discrimination clause in the updated Maastricht Treaty.

While both sides appear to favour reference being made to the issue in the treaty which emerges from the Intergovernmental Conference, they do not see eye to eye on just how far this should go.

The European Disability Forum (EDF), which will be formally launched in Brussels this week, wants specific mention to be made of disabled people in the revised treaty.

But the Dutch presidency disagrees. “There is certainly a case for including a 'framework' anti-discrimination clause, but I do not think it would be useful to start specifying particular groups at that level,” said one official.

The Hague says the particular needs of such groups would be better met by secondary legislation, such as directives, based on a framework treaty clause.

Given the Dutch position, the EDF is now canvassing support among other member states. “The obvious candidates are Ireland, Greece and Portugal as they have publicly declared their support for the clause,” said the organisation.

A provisional version of the sort of clause the EDF wants was included in the draft treaty drawn up by Dublin during its EU presidency last year.

This would allow the Council of Ministers, acting unanimously on a proposal from the Commission and after consulting the European Parliament, to take “appropriate action to prohibit discrimination based on sex, racial, ethnic or social origin, disability, age or sexual orientation”.

But other member states feel anti-discriminatory measures are a matter for national rather than Union-level legislation. Several argue that far from strengthening disabled people's rights, a treaty clause might undermine their existing anti-discrimination laws.