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The Academic Network of European Disability Experts (ANED)

Consumer protection - EU Consumer protection law and national law in nine example Member States

ANED annual meeting 2012 consumer protection

During the ANED annual meeting, held in Brussels on 14 December 2012, a presentation delivered on behalf of Professor Lisa Waddington (Maastricht University) considered EU consumer protection law (including the national law in nine example Member States) from the perspective of UN CRDP rights to non-discrimination and community participation.

Consumer protection is an area where the EU has some relevant competences, and it is an important element of ensuring an accessible market for disabled people. There is recognition that regulation is needed to protect consumers in certain situations, as well as to ensure an internal market without barriers. A variety of EU instruments impose EU-wide requirements on undertakings operating within  Member States, including consumer protection measures.

General consumer protection legislation often overlooks the specific situation of disabled consumers but makes reference to ‘particularly vulnerable’ consumers, compared to ‘average’ consumers, where this vulnerability stems from ‘mental or physical infirmity, age or credulity’.

Recent legal instruments have been adopted without reference to UN CRPD. For example, the proposal for a Directive on alternative dispute resolution makes no reference to provide accessible formats, and no general non-discrimination clause.

EU law relating to key services of public interest, such as gas and electricity supply, tend to provide more targeted measures for consumers with disabilities. For example, the Medical Products Directive (2011) required medical packaging to be labelled in Braille.

In national legislation, a distinction can usefully be made between protectionist and measures empowering disabled consumers. Protectionist measures can be positive, but can also be stigmatising and over-protective. For example, in Spain some consumer protection laws provide ‘special’ treatment for people in a situation of ‘subordination’, including people with disabilities.  An example of consumer empowerment is the action of the Danish Consumer Ombudsman requiring two major banks to introduce ATMs with speech synthesis.

In discussion, delegates noted that the approach of protecting ‘vulnerable’ consumers at the edges of the market remained a long way from the paradigm shift required by the UN CRPD.

Heidrun Mollenkopf (Age Platform Europe) described how older users are a rapidly growing proportion of the population. Whilst older consumers are a diverse group they do share some basic needs:

  • For community participation
  • Security and safety
  • Keeping active
  • Accessing information and services
  • Mobility inside and outside the home.

Older consumers risk double discrimination on the grounds of both age and impairment.

It is necessary to improve the environment, services and products by:

  • Continuing to make products accessible and affordable
  • Considering the need of support and advice
  • Ascertaining safe and secure areas
  • Ensuring the safety of financial transfers
  • Paying particular attention to steps to reduce the ‘digital divide’.

Powerpoint presentation Heidrun Mollenkopf (PDF 468 kB)
Powerpoint presentation Lisa Waddington (PDF 745 kB)