Nr
|
Title of instrument
|
Type of instrument
|
Relevant Art(s)
|
Remarks
|
CRPD Art(s)
|
LEGAL INSTRUMENTS
|
07.01
|
Directive 2011/24/EU of the European Parliament and of the Council of 9 March 2011 on the application of patients’ rights in cross-border healthcare
|
Legislative act
|
Arts 4(2)(a), 6(5), 7(4), 8(5)
|
Regulates reimbursement of cross-border healthcare costs and makes optional provisions for granting prior authorisation to recipients of cross-border healthcare with disabilities, and for reimbursement of extra costs related to a patient’s disability. National contact points for cross-border healthcare shall provide information in accessible formats
|
9
25
|
07.02
|
Regulation No 536/2014 of the European Parliament and of the Council of 16 April 2014 on clinical trials on medicinal products or human use, and repealing Directive 2001/20/EC
|
Legislative act
|
Recitals 15, 35, Art 10
|
Sets out EU-wide rules on clinical trials that should protect ‘the rights, safety, dignity and well-being of subjects’. Notable references that raise the question of the Directive’s compliance with the CRPD are:
Recital 35: ‘Persons who due to their […] disability or state of health are reliant on care and for that reason accommodated in residential care institutions [,,,], are in a situation of subordination or factual dependency and therefore may require specific protective measures’.
Article 10.2: ‘Where the subjects are incapacitated subjects, specific consideration shall be given to the assessment of the application for authorisation of a clinical trial on the basis of expertise in the relevant disease and the patient population concerned or after taking advice on clinical, ethical and psychosocial questions in the field of the relevant disease and the patient population concerned’.
|
12
16
17
25
|
OTHER INSTRUMENTS
|
07.03
|
Green Paper 'Improving the mental health of the population. Towards a strategy on mental health for the European Union' COM(2005)484
|
Discussion/ consultation document
|
|
Proposes an EU strategy on mental health; suggests a framework for exchange and cooperation between Member States, helping to increase the coherence of actions and allowing involvement of a broad range of relevant stakeholders.
|
4.3
25
26
|
07.04
|
European Parliament non-legislative resolution of 6 September 2006 on improving the mental health of the population - towards a strategy on mental health for the EU
|
Political act
|
.
|
Makes a broad range of recommendations to the Commission and the Member States. Emphasises the importance of removing the stigma from mental ill health.
|
8
25
26
|
07.05
|
White Paper “Together for Health: A Strategic Approach for the EU 2008 – 2013”, COM(2007)630
|
Policy proposal
|
|
Sets out a first EU Health Strategy and gives direction to EU activities in health united around four core principles.
Disability is only explicitly mentioned in the context of prevention.
In 2011, the Commission decided that the Strategy would remain valid until 2020.
|
25
|
07.06
|
Communication from the Commission to the European Parliament, the Council, the European Economic and Social Committee and the Committee of the Regions on Rare Diseases - Europe's challenges COM(2008)0679
|
Non-binding act
|
|
Sets out a European strategy for support to Member States on recognition, prevention, diagnosis, treatment, care, and research for rare diseases. Focuses on operational support and better visibility and recognition of rare diseases and access to services.
|
25
|
07.07
|
Council Recommendation of 8 June 2009 on an action in the field of rare diseases 2009/C 151/02
|
Non-binding act
|
|
Proposes the establishment of national plans for rare diseases in order to ensure universal access of patients to high quality care. Calls for a common EU definition and codification of rare diseases.
|
25
|
07.08
|
European Parliament resolution of 19 February 2009 on mental health
|
Political act
|
|
Welcomes the European Pact on Mental Health and Well-Being. Raises thematic aspects of mental health, such as mental health of older/younger people, mental health in the workplace, and combating stigma.
|
8
25
|
07.09
|
Communication from the Commission to the European Parliament, the Council, the European Economic and Social Committee and the Committee of the Regions 'Solidarity in health: reducing health inequalities in the EU' COM(2009)0567
|
Non-binding act
|
|
The needs of ‘vulnerable groups’, incl. persons with disabilities, are recognised. The Communication notes that for some groups, the issue of health inequality, including reduced access to adequate health care, can be said to involve their human rights.
|
25
|
07.10
|
Council Conclusions ‘Innovative approaches for chronic diseases in public health and healthcare systems’ (2011/C74/03)
|
Political act
|
|
Proposes future actions in the field of chronic disease prevention, treatment and care. Invites the Commission and the Member States to reflect, together with relevant stakeholders, on future responses to the challenges of chronic diseases and come up with a reflection paper.
|
25
|
07.11
|
Council Conclusions on the European Pact for Mental Health and Well-being: results and future action 2011/C202/01
|
Political act
|
|
Proposes future actions in the field of mental health stemming from the Europe 2020 Strategy and the European Pact for Mental Health and Well-Being. Invites the Commission and the Member States to make mental health a priority in their health policies, and set up a Joint Action on Mental Health and Well-being; invites Member States to use Structural Funds for the reform of their mental health systems
|
25
|
07.12
|
Commission Staff Working Document ‘Investing in Health SWD(2013)43
|
Non-binding act
|
|
Part of the Social Investment Package. Makes proposals for smart investment in sustainable health systems, spending on health promotion programmes and tackling social exclusion; emphasises the relationship between disability, poverty and health inequalities.
|
25
28
|
07.13
|
Commission Staff Working Document “Report on health inequalities in the European Union” SWD(2013)328
|
Non-binding act
|
|
Follows up on the earlier Communication on Solidarity in Health. Mainstreams disability throughout; makes references to the CRPD and the European Disability Strategy
|
25
|
07.14
|
Report from the Commission to the European Parliament, the Council, the European Economic and Social Committee and the Committee of the Regions “Implementation of the Commission Communication on Rare Diseases: Europe’s challenges COM(2008)679 and Council Recommendation of 8 June 2009 on an action in the field of rare diseases (2009/C 151/02) COM(2014)548
|
Implemen-
tation report
|
|
The report calls for the remaining Member States to adopt national rare diseases plans. It also focuses on health inequalities between people with and without rare disease, and calls for better patient involvement in policy making processes.
|
25
|