GENERAL EX ANTE CONDITIONALITY OF THE EC REGARDING NON-DISCRIMINATION AGAINST PERSONS WITH DISABILITIES
One of the key values of the European Union is the equality of all human beings, and thus the Union adopts and develops policies that streamline protection against discrimination, mainly discrimination based on race, ethnicity, nationality, sex, sexual orientation, age, disability, religion, faith or belief, and help achieve equality. These policies must be applied in the creation and implementation of programmes from ESI Funds.
One of the horizontal ex ante conditionalities is the existence of administrative capacity to implement and enforce the UN Convention on the Rights of Persons with Disabilities (UNCRPD) in the area of ESI Funds in accordance with Council Decision 2010/48/EC, which is also referred to in short as the ex ante conditionality regarding Non-discrimination against persons with disabilities. This conditionality means that there are measures in accordance with institutional and legal frameworks of a Member State to incorporate authorities responsible for support for equal treatment of persons with disabilities during the preparation and implementation of programmes including provision of consultancy on the issue of rights of persons with disabilities related to ESI Funds. Such authority in the Czech Republic is the Ministry of Labour and Social Affairs as the Focal point of the Convention on the Rights of Persons with Disabilities.
The majority of tasks related to the ex ante conditionality Non-discrimination against persons with disabilities is handled by the Ministry of Labour and Social Affairs, also in cooperation with the managing authorities. To strengthen administrative capacity for efficient application and implementation of anti-discrimination law and policy in the field of ESI Funds, each MA is required to appoint a specific contact person who will systematically deal with the implementation and application of anti-discrimination law and issues of gender equality and persons with disabilities, will be responsible for coordinating activities in this area within individual programmes and will closely cooperate with the Human Rights Section of the Office of the Government.