Handicap : la France mise en demeure (Frédéric Haroche, Journal International de Médecine)
Paris, le jeudi 17 mai 2018 – Le Forum européen des personnes handicapées et Inclusion Europe soutenus par cinq associations françaises (APF, CLAPEAHA, FNATH, UNAFAM, UNAPEI*) déposent une procédure de réclamation collective devant le Comité des droits sociaux du Conseil de l’Europe afin que soit condamné l’État français pour violation des droits fondamentaux des personnes handicapées.
Rappelons que le droit des personnes handicapées « à une vie autonome et incluse dans la société» est un objectif poursuivi à l’échelle de l’Europe et du monde conformément à de nombreux textes signés par la France, en particulier la Charte Sociale européenne et la Convention internationale des droits des personnes handicapées.
Or, ces associations constatent qu’un retard « considérable a été pris depuis des années» et que les personnes handicapées, dans notre pays, sont régulièrement privées, du bénéfice des services sociaux, d’accès à la santé, de logement et exclu du monde du travail (avec un taux de chômage deux fois supérieurs à la moyenne). Ces carences étatiques favorisent la relégation et une exclusion plus générale de la vie sociale.
Même l’accès aux soins pêche !
Concernant l’accès aux soins, les personnes handicapées seraient confrontées à des obstacles importants en raison, notamment, d’une mauvaise articulation entre les dispositifs d’accompagnement et les services de soin de santé. Les professionnels de santé seraient, eux, insuffisamment formés et préparés à accueillir et à prendre en charge les personnes handicapées. Sans compter les personnes qui renoncent à aller voir un médecin pour des raisons d’accessibilité.
Pour s’en convaincre et illustrer le phénomène on pourra citer les chiffres qui établissent une prévalence deux fois supérieure du cancer du sein chez les femmes en situation de handicap ou les nombreux retards de soins constatés chez les handicapés mentaux.
Et maintenant ?
La décision définitive du Conseil de l’Europe doit intervenir d’ici à 18 mois. En cas de constat de violation de droits fondamentaux et si la France n’affiche pas une volonté de mettre la situation en conformité, le Comité des Ministres du Conseil de l’Europe adoptera des recommandations et un suivi sera alors assuré pour vérifier leur application.
Rappelons que le Comité européen des droits sociaux a déjà condamné la France et que cela a plutôt eu des effets positifs, notamment en matière de prise en charge de l’autisme.
*Association des Paralysés de France, Comité de Liaison et d’Action des Parents d’Enfants et d’Adultes Atteints de Handicaps Associés, Fédération Nationale des Accidentés du Travail et des Handicapés, Union nationale de familles et amis de personnes malades et/ou handicapées psychiques, Union nationale des associations de parents, de personnes handicapées mentales et de leurs amis.
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