International context of regulations in the area of the special category of persons with disabilities

• Author: Alina Gabriela Marinescu
• Position: Lecturer Ph.D. University of Pitesti, Faculty of International Relations, History and Journalism
• Pages: 137-140

INTERNATIONAL CONTEXT OF REGULATIONS IN THE AREA OF THE SPE CIAL CATEGORY

OF PERSONS WITH DISABILITIES

Alina-Gabriela Marinescu

Abstract

The Preamble of the Charter of Fundamental Rights of the European Union states that “the Union is

founded on the indivisible, universal values of human dignity, freedom, equa lity and solidarity, etc”. These

values ar e unanimously recognized for all categor ies of persons, including for the per sons with disabilities.

Key words: dignity, rights, persons with disa bilities, inclusion in work, discrimination.

Introduction

The policy of the European Union on huma n rights emphasizes the civil, political, economic, social a nd

cultural rights

1. Also, it aims the pr omotion of rights of women and children , as well as the rights of minorities,

immigrants or of special ca tegories of persons, as, for instance, th e rights of persons with disabilities.

I. National and international approaches on rights recognized and guaranteed for persons

with disabilities

Since 1970, the UN Or ganization has adopted a series of declarations on the rights of persons with

disabilities, 1981 being pro claimed by the UN General Assembly as the international year of persons with

disabilities. Also, it was decided that 3 December to be the International Day of Persons with Disabilities,

celebrated under the aegis of the UN.

In the Union, the establishment of a framework meant to allow persons with disabilities to enjoy their

rights represents a long term objective of the communitarian strategy for the active inclusion of such persons.

The Action Plan for this special category is the center of the European Disability Strategy.

In this regard, the European Commission aims concrete results in the area of employment, accessibility

and autonomy.

Proposing to approach different aspects of handicap fro m the perspective of human rights, EU promotes

active inclusion of persons with disabilities and their full social participation. Persons with disabilities represent

almost one sixth of the world population of working age2. Though, the emplo yment rate among them is very low.

From this reason, the unemployment of persons with disabilities is double given the unemployment registered

among other categories of active population.

If it would be more supported, milli ons of Europeans with disabilities could integrate or reintegrate on

the labor market. Lisbon Strategy on Competitiveness and Labor Market aims the increment of the lo w level of

employment of persons with disabilities.

Starting from the orientations of the European Strategy for Employment, Member States elaborates

their own policies in this area. They report annually to the European Commission on national initiatives in the

labor market area, including on the initiatives for persons with disabilities.

EU policies in the area of social protectio n and inclusion support Member States in drafting policies in

the area of social inclusion and services, medical care, by offering to persons with disabilities more chances in

finding and keeping a workplace3.

For the Council of Europe are permanent preoccupations4 the protection of victims, social reintegration

of delinquent or reconciliation between the victim and its aggressor, which must be individualized also in the

case of persons with disabilities.

An equal access to a quality education and the possibilitie s of lifelo ng lear ning offers t o the persons

with disabilities the possibility pt fully participate in society and to improve their life standards.

Among other, the European Commission enco urages t he inclusi on of children with disabilities in the

traditional systems of education. Also, it has launched a series of educational initiatives for persons with

disabilities5. We mention i n this regard the European Agency for the development of education for persons with

special needs, as well as a study group on handicap and li felong learning. A series of communitarian progra ms,

as the program for lifelong learning, aims the integration o f education and formation of persons with disabilities

in the traditional educational system.

 Lecturer Ph.D. University of Pitesti, Faculty of International Relations, History and Journalism, email: alina.marinescu74@yahoo.com

1 E. Valcu, Drept comunitar institutional. Curs universitar, 2nd Edition, reviewed and amended, Sitech Publishing House, Craiova, p.110-

111.

2 European Social Charter (revised) ratified by Romania by Law 74/4 May 1999.

3 Recommendation No R (87) 22 of the Committee of Ministers to Member States on the screening and surveillance of elderly persons.

4 Nechita Elena-Ana, Criminalistic. Tehnic şi tactic criminalistic, Pro Universitaria Publishing House, Bucharest, 2009, p. 102.

5 Council Recommendation of 27 July 1992 on the convergence of social protection objectives and policies (92/442/EEC).