Cancer as a chronic disease: the case for long term disability coverage & legal

Transcription

1 Cancer as a chronic disease: the case for long term disability coverage & legal protection/equality in European legislation Olwyn Ryan Manager, Patient Support Services, Irish CancerSociety Chair, Patient Support Working Group, ECL

2 European Cancer Leagues A pan European association Facilitate collaboration between leagues Influence EU & pan European policies i Health equality in cancer prevention, treatment & services

3 Cancer as a chronic disease 2006 an estimated 3.2 million cases of cancer Cancerasa as a chronic illness Rising incidence Improved treatments Lengthening survival Increased number of survivors

4 Cancer Patients and Work Cancer may have a disabling effect on many patients which impacts on their professional life Cancer patients and survivors often want to continue or return to work Many individuals experience problems returning to work

5 Discrimination & insurance Cancer patients seen as having an aggravated health risk Experience discrimination when trying to access financial servicessuch such as life,travel & private health insurance

6 Existing & proposed European legislation Council Directive 2000/78/EC of 27 November 2000 establishing a general framework for equaltreatmentin employment and occupation Article 4 refers to equal treatment in employment Article 6 of the Treaty respects fundamental rights Article 8 stresses the need to foster a labour market favourable to social integration

7 Discrimination Direct discrimination consists of treating someone differently Indirect discrimination may seem neutral but has a particularly disadvantageous impact upon a personor or a group having a specific characteristic

8 Insurance Article 2: Concept of discrimination Insurance & banking services are allowed to take age & disability into account when deciding on costs The use of age & disability in the assessment of risk must be based on accurate data dt and statistics ttiti

9 Cancer & disability Are cancer patients and survivors protected by these directives? 2006 The European Court of Justice decision on the meaning of disability the concept of disability must be understood as referring to a limitation i i which h results in particular form of physical, mental, or psychosocial impairments & which hinders the participation of the person concerned in professional life In order for the limitation to fall within the concept of disability, it must be probable that it will last for a long time.

10 Cancer & disability The UN Convention on the Rights of Persons with Disabilities has been ratified by the European Community. The Convention clearly states that disability lies in the Society not in the person. The basis for the Equal Treatment in Employment & Occupation relies on UN declarations & conventions ratified before the UN Convention on the Rights of the Persons with disabilities. The legislation is aimed at preventing discrimination against people with disabilities; however no definition of disability is apparent

11 Cancer & disability A proposal for the conclusion of the Convention by the European Community has been presentedtoto the Council The proposal Directive has not been passedwith unanimity The proposal Directive has not been passed with unanimity among Member States in the European Council

12 Call to action Adopt a definition of disability as set out by the UN Convention on the rights of people with disabilities, to be implemented in all member states & applied to all existing & proposed EU anti discrimination legislation Ensure the adoption of the Council Directive on implementing the principle of equal treatment between persons irrespective of religion or belief, disability, age or sexual orientation