D-LoT E-Learning Course

MODULE II

DEVELOPMENT OF SOCIAL SERVICES AND

POLICIES IN EUROPE
Contents
LEARNING OUTCOMES: .............................................................................................................. 2
KEY MESSAGES OF THE MODULE ............................................................................................... 2
II.1 The changing role of social services ..................................................................................... 2
II.1.1 Defining social services in Europe ..................................................................................... 2
II.1.2 A short history of human rights ........................................................................................ 3
II.1.3 The impact of Human Rights on social services ................................................................ 4
II.1.4 Implementing the UN CRPD through Social Services ........................................................ 5
II.2 Developing social services as enablers................................................................................. 6
II.2.1 Consequences of the UN CRPD for social services ............................................................ 6
II.2.2 Understanding quality in social services ........................................................................... 8
II.2.3 Social Services as the solution ........................................................................................... 9
II.3 Current state of play of Social Services in Europe ............................................................... 9
II.3.1 A variety of different welfare models ............................................................................... 9
II.3.2 Different systems doesn’t mean different problems ...................................................... 10
III.3. Common challenges for social services in Europe ........................................................... 11
II.4 European solutions for European problems ...................................................................... 12
II.4.1 Finding solutions through the Council of Europe ........................................................... 12
II.4.2 finding solutions through the European Union............................................................... 13
BIBLIOGRAPHY/RECOMMENDED TEXTS .................................................................................. 17

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AUTHOR:
Thomas Bignal, EASPD Policy and Communication Officer

LEARNING OUTCOMES:
A. (Knowledge) By the end of the course, participants will be able to recall:
a. The impact of the UN CRPD on social services
b. The state of play of social services in Europe
c. Impact of European institutions on service provision
B. (Skills) By the end of the course, students will be able to:
a. Recognize the role of social services in implementing the UN CRPD
b. Be able to assess weaknesses at national level in creating quality systems
c. Understand the role of European institutions for finding solutions to problems
C. (Attitudes) By the end of the course, students will:
a. Understand the active role of social services in implementing UN CRPD
b. Launch internal discussions in social services on how they can help to
implement UN CRPD
c. Be seeking to learn how other countries have proceeded in this transition.

KEY MESSAGES OF THE MODULE

Social service providers for Persons with disabilities must play an active role in developing
high quality and enabling social services systems to ensure that the UN CRPD is
implemented. Social Service providers must think and act on how they can provide solutions,
rather than hinder, access to their human rights for persons with disabilities. The module
also demonstrates that despite the important disparities between the social services
systems in Europe, all Countries face issues in terms of the implementation of the UN CRPD.
This means that stakeholders involved in the disability field must continue to advocate for
political commitment and support for the implementation of the UN CRPD; at all levels,
including at European level.

II.1 The changing role of social services

II.1.1 Defining social services in Europe
There is no common definition of social services among European Countries. The European
Union’s 2006 Communication on Social services of general interest in the European Union
gives the freedom to Member States “to define […] social services of general interest, and to

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define the obligations and missions relating to such services and their organisational
principles”1.

Nonetheless, the Communication states that social services often contain one or more of the
following organisational characteristics:
 Operate on the basis of solidarity
 Comprehensive and personalised
 Not-for-profit
 Include the participation of voluntary workers
 Strongly rooted in local cultural traditions (proximity between the provider and the
beneficiary)
 Asymmetric relationship between the provider and beneficiaries of the service that
cannot be assimilated to a ‘normal’ supplier/consumer relationship.

Due to economic, cultural, historical differences, there are different understandings of social
services throughout Europe. Nonetheless, two main patterns have emerged. On the one
hand, there are countries that use a narrower definition of social services, focusing more on
the protective role of such organisations. This refers to service provision in areas related to
care, housing, social security and social protection. On the other hand, there are countries
who define add to the first understanding services focusing more on “empowerment”, such
as services in the area of education or employment.

Today, it is clear that the trend is leading most systems from the first “protective” model
towards the second “protective and empowering” system of social services.

II.1.2 A short history of human rights

The Universal Declaration of Human rights, adopted by the UN General Assembly on 10
December 1948, marked the first key step for the establishment of “human rights” as being
at the centre of our political and societal life. In its preamble and in Article 1, the Declaration
unequivocally proclaims the inherent rights of all human beings:

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European Union’s 2006 Communication on Social services of general interest in the European Union gives the
freedom to Member

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“Disregard and contempt for human rights have resulted in barbarous acts which have
outraged the conscience of mankind, and the advent of a world in which human beings shall
enjoy freedom of speech and belief and freedom from fear and want has been proclaimed as
the highest aspiration of the common people … All human beings are born free and equal in
dignity and rights”.

Over the following 50 years, it became clear that more specific International treaties were
needed further clarify and better define the variety of rights at stake. These include treaties
such as the International Covenant on Civil and Political Rights and the International
Covenant on Economic, Social and Cultural Rights (1966).

The Disability movement also pushed more and more for a UN Convention focusing
specifically on disability rights. In 1993, the UN General Assembly agreed to “Standard Rules
on the Equalisation of Opportunities for Persons with Disabilities”. Following years of
discussion and proposals within the framework of the UN, in 2006, a consensus agreement
on the UN Convention on the Rights of Persons with Disabilities was adopted; with 126
States ratifying the Convention within its first five years.

II.1.3 The impact of Human Rights on social services

The developing role of human rights within the disability sector also meant evolving policies
in the area of persons with disabilities and their services. There are three main general of
policies for persons with disabilities and services:

 First Generation: Specialised & specific legislation for persons with disabilities and
services
 Second Generation: Mainstreaming disability in all policies
 Third Generation: Both mainstreaming disability in all policies and specific initiatives
to better respond to the variety of needs of people with disabilities.

These three generations demonstrate the evolving perception and understanding of the role
of persons with disabilities throughout the world: the first being more “protective”, the
second being “empowering” but not always sufficiently recognising the variety of different

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needs of people with disabilities, and the third being as “empowering as possible, yet
recognising the variety of needs of persons with disabilities”.

The third generation has bought the debate between either specialised or mainstream
services to an end; both are necessary and complementary.

II.1.4 Implementing the UN CRPD through Social Services

As explained by the module on “the United Nations Convention on the Rights of Persons
with Disabilities and the European legal context”, the UN CRPD is obliging policy-makers,
service providers and other stakeholders to think about how to ensure that the human rights
of persons with disabilities are respected in all areas of life.

Although most of the UN CRPD articles affect service providers, three articles are of
particular note.

Article 19 of the UN CRPD – Living in the Community- states the “equal right of all persons
with disabilities to living in the community, with choices equal to others”. Traditionally,
throughout Europe, social service providers played an important role in providing residential
settings for persons with disabilities. Often, these residential settings have obliged persons
with disabilities to live away from their families and communities; which has often led to
further segregation and isolation of persons with disabilities. It is essential that all
stakeholders –in particular social service providers and policy makers- reflect and take act on

 How they can provide the opportunity for persons with disabilities to live where and
with whom they want;
 How they can develop a range of in-home, residential & other community support
services and to present isolation from the community;
 How they can ensure that Community services and facilities for the general
population are available on an equal basis to persons with disabilities.

Article 24 of the UN CRPD – Inclusive Education- states that it is the “right of persons with
disabilities to education […] without discrimination and on the basis of equal opportunity”.
Historically, through the more institutionalised forms of residential settings or specialised
education systems- the service provision system in place has not always actively contributed

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to inclusive education in Europe. All stakeholders – including and especially service providers
and policy-makers- must reflect and take act on how they can ensure that persons with
disabilities

 Are included in the general education system (free, with reasonable accommodation
and relevant support, as well as sufficiently trained teachers, etc.)
 Are able to access general tertiary education, vocational training, adult education and
life-long learning.

Article 27 of the UN CRPD – Work and Employment – confirms the “rights of persons with
disabilities to work, on an equal basis with others”. In the past, through the more
institutionalised forms of residential settings and specialised work systems- the service
provision system in place has not always actively contributed to enabling persons with
disabilities to employment. All stakeholders, including and especially service providers and
policy-makers- must reflect and take act

 On how they can ensure that persons with disabilities have effective access to
general and vocational guidance programmes, placement services and vocational and
continuing training;
 To promote employment opportunities and career advancement for persons with
disabilities in the labour market (…)
 To promote the employment of persons with disabilities in the private and public
sector
 To promote vocational and professional rehabilitation, job retention and return-to-
work programmes for persons with disabilities.

As a whole, all stakeholders, including social services, should look at how they provide
solutions to implementing the UN CRPD; rather than being a barrier.

II.2 Developing social services as enablers

II.2.1 Consequences of the UN CRPD for social services

Reaching out to mainstream stakeholders

The changing role of social services towards a more empowering model has of course further
complicated the systems built around it. Social service providers can no longer continue to
live in silos, reclused from other stakeholders in society. Social Service providers must reach

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out to stakeholders active in the community, in the labour market, in the education sector,
with social housing providers, etc. This reaching out methodology must go for all social
service providers. Those active in the employment sector must reach out to the education
sector to build bridges between the two.

Broader spectrum of care and support

The transition to social services as human rights enablers also means that there is a far
broader spectrum of care and support that must be provided throughout the life-cycle. This
includes services such as early intervention, educational services, vocational training and
access to employment, to day care, leisure and travel-related services and support services
in general. Each of these services potentially overlapping one another and covering the
specific part of life (and needs) of people.

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Continuity of care and support
It is also essential to ensure continuity of care and support throughout the life cycle; in
particular during the periods of transition. Strong functional and informational links must be
developed between all services provided for persons with disabilities. As mentioned, a
particularly important aspect of this is to ensure the smooth passage from one age-group to
another.

Broader range of Policies

These three developments mean that social service providers are also affected by a broader
range of policies. Whereas previously, social services were primarily affected solely by
policies linked to health and social care policies, they are now also affected by employment,
education and training, social housing, child and elderly care, and the funding and legal
frameworks that go with it.

Not only are policies broader, they are also increasingly held at different levels of power
(local, regional, national, European) or involve several levels of power at the same time. A
good example of this is in public procurement where:

 The general guidelines on rules are set at European level (EU Public Procurement
directive);
 EU law is transposed into national law by Member States;
 National law is then implemented by local and regional authorities.

II.2.2 Understanding quality in social services

In 2010, the Social Protection Committee of the European Union published a Voluntary
European Quality Framework aiming to develop a common understanding on the quality of
social services within the European Union. The objective of the Framework is to encourage
public authorities to adhere to the quality principles it identifies, arguing that this would
greatly enhance their capacity to organise and provide high quality social services.

Building on these principles and in cooperation with its members, EASPD has also developed
10 key quality requirements for social services:

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 1. To facilitate full participation, inclusion and equal citizenship;
2. To be built around people with disabilities and their changing needs: tailor made –
person centred;
3. To be community-based and rooted in society;
4. To be set-up in, and in close cooperation with, mainstream stakeholders;
5. Transition from a holistic approach to a multi-faceted approach;
6. Be provided by sufficient, well trained and managed staff;
7. Allow the social network (family, etc.) to stay together;
8. Be based on stakeholder cooperation;
9. Ensure security to all users;
10. Allow real and informed choices.

II.2.3 Social Services as the solution

It is clear that the role and activities of social service providers are far more diverse, broad
and complex than they would have been a century ago. It is therefore necessary that policy-
makers establish systems in place, which are both responsive to these changes and allow
social service providers to successfully enable persons with disabilities to access their rights.
Policy-makers must create legal frameworks and policies which encourage and promote
service providers to implement these changes and quality requirements within their
activities.

However, it is not only up to policy-makers to facilitate this transition; neither is it the sole
responsibility of disabled people’s organisations. It is also the duty for service providers to
support and encourage policy-makers in this process by providing guidance, expertise and
advice on how to make sure this transition is successful and fully inclusive. Service providers
must also reflect and act on how to make sure that they are “part of the solution, rather
than the problem” in the implementation of the UN Convention on the Rights of Persons
with Disabilities.

II.3 Current state of play of Social Services in Europe

II.3.1 A variety of different welfare models
“Welfare in itself is a concept that is dependent on cultural differences. These cultural
differences provide an explanation for the different welfare concepts throughout European
countries. Moreover welfare itself is not even possible to translate in several languages:

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where there is no concept, there are no words! And where it has been translated, it is not
quite certain that the meaning is the same.” Robert Urbé

Given the historical diversity in Europe, it is not astonishing that there are different
European Welfare Systems. A recent Caritas report states that there are five broad welfare
systems in Europe:
 The Liberal “Beveridge” system, dominated by poor social security systems and social
transfers. Modest insurances and national health systems together with graduated
child benefits are main characteristics of these systems. Typical examples are the UK,
Ireland, the US, Canada or Australia.
 The conservative, corporatist “Bismarck” system, dominated by traditional role of the
family, the breadwinner model, social security organised as insurance system, social
transfers based on contributions, etc. Typical representatives are Germany, Belgium,
Austria, Luxembourg and even France.
 The social democratic “Nordic” system, focusing on a high standard of social transfers
and reliant on universalism, social rights for all and equality. Countries with this
system include Sweden, Denmark, Norway and, partially, Finland and Iceland.
 The Mediterranean model, rather close to the Bismarckian model with less generous
benefits and with not all branches of social insurance being equally developed. This
includes Italy, Spain, Portugal and Greece.
 The “Central and Eastern European” system for those countries that drastically
changed their whole political and social system after 1989. Their only common point
is that they did not opt for one of the existing four models and have ended up with a
mix of components from all systems. These models are still being developed.

II.3.2 Different systems doesn’t mean different problems

It is important to note that there are obviously important differences between the
provisions of social services in different countries. Is it possible to compare the situation of
support services in Spain to the situation in the UK? Is it possible to compare Finland to
Romania? If we are looking at the level of development of each system, then it is obviously
not possible However, if we are looking at what issues are affecting social service providers
in each country, common problems quickly appear. This is especially the case if you look at
the implementation of the UN CRPD throughout Europe. Not one country has fully
implemented it, whilst even the most well off are still struggling in important areas.

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The UN CRPD concluding observations to the EU state precisely this when, for instance, it
argues that “across Europe, persons with disabilities still live in institutions rather than in
local communities”. This emphasis on the “across Europe” and not “in Europe”
demonstrates that all European Member States still have persons with disabilities living in
segregated institutions. In some countries and even the more economically developed ones,
there are even cases of re-institutionalisation; where the process of de-institutionalisation
was proceeding well, but has been halted or even brought backwards in recent years. This
can be explained as a response to the crisis of 2008.

Similar arguments can be said for the development of inclusive education systems and
inclusive labour markets. This goes to show that the main barrier to implementing the UN
Convention is not solely about economic development, or the level of development of social
services systems, it is first and foremost about political will and commitment.

Service providers (in addition to disabled people’s organisations and other stakeholders)
have an important role to play in convincing policy-makers of the importance and relevance
of developing social services systems which positively contribute to the implementation of
the UN CRPD.

III.3.3 Common challenges for social services in Europe

In addition to issues related to articles 19, 24 and 27, there are many other problems
affecting social services throughout Europe.

The single biggest issue affecting social service providers throughout Europe is the lack of
recognition of the sector by policy-makers and thus the lack of sufficient funding for the
sector. Although there are different levels of financing, as well as different models, it is clear
that there is a lack of sufficient and sustainable public financing for the social services sector
in all European countries. This has of course been worsened by the cuts to public
expenditure in social care/support having been made since 2008.

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Due to demographic changes, increasing inequalities and cuts to public expenditure towards
social care/support, there is an increase in waiting lists for quality support services; which is
increasing the tendencies for the following issues:

 Driving down the quality of the services;

 Leading to further (re)institutionalisation;
 Placing further pressure on the social network (families, etc.) surrounding the
person with a disability; possibly further increasing their exclusion from the
labour market (in particular women); etc.

There are also significant issues in southern, western and northern Europe linked to
significant staff shortages. The recruitment and retention of staff into the sector remains an
important challenge for many service providers; primarily due to the lack of attractiveness of
the sector (below average wages, working conditions and training opportunities). As many of
the jobs in the social sector are now being filled from professionals originating from central
and Eastern Europe, one can wonder how this brain drain will affect the development of a
high quality services in central and Eastern Europe. Alongside the lack of financing for the
sector, this has also led to an increase in undeclared work in the field of social care/support.
Other issues affecting the recruitment and retention of staff include the gender imbalance of
professionals working in the sector (an average of 80% of staff are women) and the ageing of
the workforce (a majority of workers are over 40 years of age).

Throughout Europe, most professionals in the social care/support sector have not been
adequately trained on developing services based on a human rights perspective; and in
particular on the UN CRPD. If social service providers –and professionals in the sector- are to
become enablers of change, then much more must be done to ensure that the human rights
perspective is well understood by all professionals working in the sector.

II.4 European solutions for European problems

II.4.1 Finding solutions through the Council of Europe
The Council of Europe covers 47 Member States and has competences in the field of human
rights; in particular through the European Court of Human Rights. It also includes a

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“Committee of Experts on the Rights of People with Disabilities”, which aims at assisting
member states in the promotion, implementation, follow-up and evaluation of the Council
of Europe Disability Action Plan.

The Council of Europe Disability Action Plan aims to help Member States reinforce anti-
discriminatory and human right measures at national level. It also provides a flexible
framework for political decision makers to produce a tailor-made roadmap for innovative
disability legislation, policy and practice: containing 15 action lines (See Module 1 for more
details).

II.4.2 finding solutions through the European Union

The European Union is a completely separate body to the Council of Europe, represents 28
Member States and has competences in a broad range of policy areas. In political terms, it
has far more reach and impact over national policies than the Council of Europe. The
following part will enumerate some of the policies put in place at European level, which
affect the provision of social services in Europe. This is a non-exhaustive list, bringing
together the major policies of the last few years.

Disability-specific policies
Article 10 of the Treaty on the Functioning of the European Union states that “in defining
and implementing its policies and activities, the Union shall aim to combat discrimination
based on sex, racial or ethnic origin, religion or belief, disability, age of sexual orientation”.

As explained in Module 1, the European Union ratified the UN CRPD in 2010 and
consequently developed an 8 point European Disability Strategy.

In terms of disability-specific activities, the EU has taken action in the following areas:
 Employment Equality Framework Directive, aiming to combat discrimination on
grounds of disability, sexual orientation, religion or belief and age in the work place.
 The European Accessibility Act, aiming to make it easier for companies to provide
accessible products and services across border to all citizens, in particular persons
with disabilities.

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The European Union has been trying for several years to agree on an Anti-discrimination
directive, aiming to combat discrimination in the above mentioned areas in all areas of life. It
is currently being blocked by Member States in the Council of the European Union (not to be
confused with the Council of Europe). Nonetheless, the European Commission has indicated
its willingness to pass their proposal through the Council in 2016.

Social Services of General Interest

In addition to disability-specific policies, the EU also does a significant amount of work on
developing the legal framework around social services. Whereas social services are excluded
from the scope of the “Services Directive”, aiming at liberalising the European internal
market, the European Commission published a Communication on “Social Services of
General Interest” (SSGI) in April 2006.

The European Union influences the SSGI sector in three main areas:

 Employment and Working Conditions

Several European policies and activities support our argument that there is significant job
creation potential in the SSGI sector. These include the EC’s 2012 staff working document on
“exploiting the employment potential of the personal and household services”, as well as the
Social Investment Package of 2013, calling on social expenditure to be seen as a medium to
long-term investment, rather than as a cost. However, a framework has yet to be fully
developed at European level to unlock the job creation potential of the sector. The European
Working Time directive requires EU countries to guarantee that working hours of workers
meet minimum standards applicable throughout the EU. European Social Dialogue is another
tool aiming at improving working conditions for workers in Europe. A process is currently
ongoing to ensure that employers in social services are represented at European level tool,
enabling them to negotiate together at European level on common positions with
representatives of trade unions in the field of social services.

 Public Procurement and State Aid rules

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The European Union sets the legal framework regarding public procurement and state aid
rules to provide public authorities, companies and NGOs with clear, sustainable and up-to-
date rules and obligations. In December 2011, the European Commission produced a
Communication on a Quality Framework for Services of General Interest in Europe. As follow
up to this publication the European Union agreed to both a new Public Procurement
Directive, which modernised the EU public procurement rules and placed more focus on the
“Most Economically Advantageous Tender”, rather than just the cheapest tender. The EU
also agreed to new rules regarding State Aid towards companies and organisations without
distorting competition. Both new documents are essential in setting the right environment
for social service providers to successfully achieve their enabling activities.

 Social Innovation

Through both its direct and its structural funds, the European Union funds innovative
projects for social service providers throughout Europe. The European Structural and
Investment Funds amount to 351.8 billion EUR for the period 2014-2020 and include the
European Social Fund, the European Regional Development Fund, etc. Social Innovation is
one of the main investment priorities for both these funds. The EU also finances innovative
projects directly through call for applications for innovative projects in specific areas.

European Employment Policy

Over the past few years the European Union is increasingly active in the field of Employment
policies; notably through both the Youth Guarantee and the guidance to tackle long-term
unemployment. Although both are not specifically focused on persons with disabilities, they
are both relevant for social services in the field of employment support. The Youth
Guarantee includes a commitment from Member States to ensure that within four months
of leaving school or losing a job, young people under 25 can either find a good quality job
suited to their education, skills and experience; or acquire the education, skills and
experience through an apprenticeship, traineeship or continued education. Although the
Youth Guarantee is on paper open to all, the reality is that it either excludes persons with
disabilities or is unsuitable to match their additional support needs. The guidance given to

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Member States to tackle long-term unemployment is much better in this regard as it
includes a holistic framework for personalised support between all relevant stakeholders.

European Economic and Social Policy

The EU has competences in economic policy when it comes to achieving its long-term goals:
the Europe 2020 strategy and the Stability and Growth Pact. The Europe 2020 strategy is a
ten year strategy aiming to achieve smart, sustainable and inclusive growth throughout
Europe. The Stability and Growth Pact is about ensuring that Member States pursue sound
public finances and avoid excessive budget deficits.

Its main tool to ensure that Member State policies are coordinated towards achieving both
of these strategies is the European Semester. The European Semester is a process of
dialogue between the European Commission and Member States to coordinate the
development of national policies which go in the direction of the two strategies previously
mentioned. The European Semester process includes recommendations to Member States
affecting areas such as public expenditure, labour market, education and care policies. It
thus has an impact over national policies linked to the work of social service providers.

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BIBLIOGRAPHY/RECOMMENDED TEXTS
UN documents
 Caritas Europa (2013): The Future of the Welfare State
 Council of Europe (2007): Integrated social services in Europe
 EU documents
 European Commission (2006): Services in the internal market directive
 European Commission (2006): Communication on Social Services of General Interest
in the European Union (available in all EU languages).
 European Commission (2008): Proposal for a European Anti-discrimination Act
 European Commission (2011): Study on Social Services of General Interest
 European Commission (2012): Staff Working Document on Exploiting the
employment potential of the personal and household services
 European Commission (2013): Social Investment Package
 European Commission (2015): Proposal for a European Accessibility Act
 European Directive on Equal Treatment in employment and occupation (2000)
 European Disability Strategy 2010-2020
 European Union (2003): Working Time Directive
 European Union (2013): Youth Guarantee
 European Union (2014) Grant Block Exemption Regulation (State Aid rules)
 European Union (2014) Public Procurement Directive
 European Union (2015): Council Recommendation on the integration of the long-
term unemployed into the labour market
 International Covenant on Civil and Political Rights and the International Covenant on
Economic, Social and Cultural Rights (1966)

Other documents
 Social Protection Committee: Voluntary European Quality Framework (2010)
 UN Committee on the Rights of Persons with Disabilities (2015) Concluding
Observations on the initial report of the EU
 United Nations Convention on the Rights of Persons with Disabilities (2006)
 United Nations Declaration of Human Rights (1948)
 United Nations: Standard Rules on the Equalisation of Opportunities for Persons with
Disabilities (1993)

RESOURCES
 Council of Europe: Committee of Experts on the Rights of Persons with Disabilities
 Council of Europe: Disability Action Plan 2006-2015

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