EU funds have great potential to support independent living. They can finance support services, such as personal assistance; they can make mainstream services accessible for disabled people; and they can support the work of Disabled People’s Organisations (DPOs) or Centers for Independent Living.
However, together with our partners, we have identified numerous cases of misuse of EU funds, in breach of the UN CRPD. For instance:
- The building and refurbishing of institutions in Poland, up to 80 and 90 residents per building, for which ENIL and Validity Foundation submitted a complaint;
- The transformation of institutions into small group homes in countries like Bulgaria or Hungary;
- The development of special schools in Greece;
- The construction of two sheltered workshops in Austria.
These places segregate disabled people and are therefore considered discriminatory on the basis of disability, and a violation of the rights to independent living, the right to employment, and the right to inclusive education.
Despite numerous complaints to the European Commission, among other actions, these violations have not been redressed, and they continue to happen across the EU. Misunderstanding of fundamental rights, and particularly of the right to independent living, remains a key barrier to end these human rights violations.
As the current Multiannual Financial Framework is set to end at the end of 2027, the European Commission has released its proposal for the next framework. This proposal will now be negotiated between the Council and the Parliament, to find an agreement before 2028. We believe the upcoming framework and regulations are an opportunity to learn from the past, build strong safeguards to prevent segregation, and incentivise positive practices in the future.
The current proposals include some positive elements. For instance, the horizontal condition regarding the application of the EU Charter on Fundamental rights is maintained. Specific funds regulations, such as the European Regional Development Fund (ERDF) or the European Social Fund (ESF), include specific references to the UN CRPD and to the prohibition to invest in segregation in their recitals.
Nevertheless, the proposals are not ambitious enough to end the misuse of EU funds. We therefore call on the Council and the European Parliament to integrate the following changes:
- The UN CRPD must remain a horizontal condition to receive EU funding.
- There must be a clear prohibition of investments in segregation in all relevant regulations, including the Funds Regulation, ERDF, ESF and Global Europe’s.
- Civil society and independent monitoring mechanisms should take the lead in assessing the horizontal conditions.
- Complaint about the misuse of EU funds should be assessed by an independent authority.
- Victims affected by this misuse of funding must have access to justice, including reparations.
- Meaningful participation of civil society in monitoring committees, through allocated funding, must be foreseen.
For further information on our recommendations, read our position paper.
What can you do?
- Ask your national MEPs [RC1] to support our call by sending them this sample letter, currently available in English, French and Spanish. You may find their contact information here. It is particularly important to contact those who are members of the BUDG and the EMPL Committees. If you translate the letter into your own language, do not hesitate to share it with us so we can publish it.
- Share our messages on social media[RC2], by reposting ENIL’s content or sharing your own.
- If you know an example of an investment of EU funds into institution, share it with ENIL. Gathering evidence strengthens our call! You may also file a complaint at national level, or directly to the Commission on this website.
Resources
- ENIL’s Factsheet on EU Funding
- EU-level report of the FURI project on misuse of EU funds and the list of project examples
- ENIL’s position paper on the Multiannual Financial Framework 2028 – 2034 discussions
- Briefing on the use of EU Funds for Independent Living 2021 – 2027
- ENIL’s update to the shadow report on the implementation of the UN Convention on the Rights of Persons with Disabilities in the European Union
- Concluding observations of the Committee on the Rights of Persons with Disabilities on the EU
- ENIL’s reaction to the Concluding Observations
For further information, please contact rita.crespo-fernandez@enil.eu
[RC1] I created a letter example available (for now) in 3 languages. I am not sure where to upload it
[RC2] Could we create a visual people can download and share it themselves?
