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European policy

AI in healthcare: The BDF warns of risks to fundamental rights and calls for stronger regulation

Due to their health condition, people with disabilities are required to use healthcare services on a regular basis. The BDF notes that the rise of AI in healthcare poses a significant risk to fundamental rights and that the AI Act, the GDPR and the NIS2 legislation constitute absolutely essential safeguards for these rights, which must be consolidated and strengthened.

1. Personal data

Healthcare services hold a vast amount of sensitive data. People with disabilities expect maximum protection to prevent their data from being stolen, traded or falling into the wrong hands. To this end, EU Directive 2022/2555 (NIS2) is essential for regulating the cybersecurity of providers of essential services, such as hospitals. The latter are regularly targeted by cyberattacks. Furthermore, the Belgian law on patients’ rights is based on the principles of the GDPR, on the rights of access, consent and objection. Weakening the GDPR and these principles means ipso facto a weakening of patients’ fundamental rights.

2. The quality of AI systems embedded in healthcare

Apart from systems that determine whether someone is eligible for healthcare services, AI systems embedded in medical devices are not considered high-risk systems. Nevertheless, some of these devices ‘may lead to […] patterns of discrimination […] against […] persons with disabilities persisting’ (AI-ACT, recital 57). The issue of bias is central. After all, a posteriori bias, which enables the personalisation of care, can be beneficial to the patient. However, this does not apply to a priori bias, which results from design choices. These can lead to the exclusion of certain groups of people, for example people with a particular disability, with serious consequences for the adequacy of care provision and therefore for the health of these individuals. It is absolutely essential to enhance the quality of the development of medical AI systems, even if these are not considered high-risk systems. To this end, involving people with disabilities in the development of AI systems would raise developers’ awareness of this bias and help to reduce it. Furthermore, the training of healthcare professionals who use AI is of crucial importance. They must continue to master these AI tools and prevent us from sliding into a two-tier healthcare system, namely care with AI and care without AI. Quality requirements for development and training are key principles of the AI-ACT. These must also be applicable to medical AI systems which, whilst not considered high-risk systems, nevertheless have a significant impact on patients’ health.

3. The options available to a patient who is the subject of a medical AI decision

The options are limited and are primarily based on the provisions of the AI-ACT and the GDPR: public access to the EU database for AI systems; powers regarding information, investigation and appeal held by bodies responsible for the protection of fundamental rights; powers regarding investigation and supervision held by the “AI Office”; cooperation between bodies responsible for the protection of fundamental rights and market surveillance authorities; mandatory registration of high-risk AI systems; protection of the rights of access, information, consent and objection guaranteed by the GDPR. Without these provisions, patients would have no effective legal remedies against all-powerful AI systems.

Finally, the BDF calls on the European Commission to uphold and strengthen the provisions of the AI Act, the GDPR and the NIS2 legislation, which protect citizens’ fundamental rights and their capacity to act when these rights are threatened.

 

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European Disability Card (EDC)

EU Disability Card

The European Disability Card (EDC) Directive is a European Union directive establishing a European Disability Card and a European Parking Card for People with Disabilities (EPC).

The EDC-EPC Directive (2024/2841) was adopted on 23 October 2024. It must be transposed into the national legislation of each Member State by 5 June 2027 and will enter into force on 14 May 2028.

Positive opinion from the Platform of Advisory Councils for People with Disabilities

In 2025, the Platform of Advisory Councils for Persons with Disabilities issued a positive opinion to the competent minister on the transposition of the EDC-EPC Directive into Belgian law: the use of these cards in all Member States of the European Union will facilitate travel for persons with disabilities within the Union.

Read advise 2025/12 of the National High Council for Persons with Disabilities and the Platform of Advisory Councils for Persons with Disabilities - in French

Developing a bottom-up idea is possible!

The original request for the EDC Directive project came from the General Assembly of the BDF in 2009. The BDF proposed introducing a card for the recognition of a disability, which would facilitate the free movement of people with disabilities within the Union.

The EDC’s idea was based on six simple principles:

  1. a clear and unambiguous instrument, recognised by all;
  2. irrefutable proof of the disability;
  3. recognition of the disability by the country issuing the card;
  4. mutual recognition of the card by the participating countries;
  5. a card that is easy to use, on a strictly voluntary basis;
  6. a non-discriminatory solution: the same benefits within the same territory for all people with disabilities, regardless of their disability, age, nationality, etc.

The BDF submitted its project to the European Disability Forum (EDF) and subsequently to the European Commission, which turned it into a pilot project involving eight Member States. Ultimately, the BDF’s original idea led to a directive creating a card valid throughout the European Union. The essential elements of the original proposal have been retained.

It is therefore possible to put forward an idea in Europe through a bottom-up approach!

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European Day of Persons with Disabilities

Conference to celebrate the International Day of Persons with DisabilitiesEvery year, the European Commission, in collaboration with the European Disability Forum (EDF), organises a conference to mark the International Day of Persons with Disabilities.

The 2025 conference took place on 4 and 5 December in Brussels.

The Belgian Disability Forum vzw (BDF) was represented there by its secretariat.

Speakers included people with disabilities, policymakers, disability rights advocates and experts.

The programme covered three themes:

  • The second phase of the European Disability Rights Strategy (2025–2030)
  • The European Union’s new multiannual budget and, in particular, the European Social Fund (ESF+)
  • Crisis preparedness and management

Access City Award:

As every year, European cities that are leading the way in the field of accessibility were honoured:

  • 1st prize: Zaragoza
  • 2nd prize: Valencia
  • 3rd prize: Rennes

Read the report

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European Strategy for the Rights of Persons with Disabilities 2021-2030

European Strategy for the Rights of Persons with Disabilities 2021-2030In 2021, the European Commission announced its new Strategy on the Rights of Persons with Disabilities 2021-2030. It sets out various commitments, initiatives and calls to action for Member States. The strategy contributes to the implementation of the European Pillar of Social Rights, which focuses on creating a fair labour market.

The strategy focuses on three main themes:

  • EU rights (free movement of persons, particularly workers);
  • Independent and autonomous living;
  • Non-discrimination and equal opportunities.

There are seven key initiatives, and by the end of 2022, half of these will already have been fulfilled. In addition, numerous studies, research projects and guidelines have been promised to the Member States.

  1. In the area of accessibility, the establishment of AccessibleEU is expected by the end of 2022. This is a centre that will ensure coherence in ‘accessibility policy’.
  2. In the area of free movement, the roll-out of the European Disability Card is expected in 2023. This card will ensure recognition of the status of a person with a disability across all Member States when accessing adapted services in the fields of sport, culture and leisure.
  3. In the area of independent living, the European Commission will present guidelines to the Member States in 2023.
  4. In addition, the Commission will announce a specific framework for high-quality social services for people with disabilities in 2024.
  5. In the area of employment, a ‘Disability Employment Package’ was announced as early as 2022. Concrete measures are expected in 2023.
  6. In the area of cooperation with Member States and regional and local authorities, the ‘Disability Platform’ was launched at the end of 2021.
  7. Furthermore, the Commission naturally wishes to set a good example of inclusion and has updated its staff strategy in 2022.

The European Commission calls on Member States to take concrete action, such as:

  • Improving access to the entire health portfolio, including sexual and reproductive health services for people with disabilities;
  • Developing inclusive schools;
  • Promoting entrepreneurship among people with disabilities by providing assistance with legal and business matters.

Furthermore, a series of interesting studies have been announced, including on:

  • The implementation of Article 30 of the UNCRPD by Member States. This article guarantees the participation of persons with disabilities in cultural life, recreation, leisure and sport;
  • The situation of persons with disabilities who live in an institution and are exposed to violence, abuse and/or torture;
  • Procedural safeguards for vulnerable adults in criminal proceedings.

Read the full text of the strategy (03/03/2021).

What are the objectives and actions of the strategy? Go to the monitoring framework and view progress.

In its communication entitled 'Enhancing the strategy for the rights of persons with disabilities up to 2030', the European Commission has set out its policy priorities for the period 2026-2030.

The BDF is not satisfied with this and had hoped for concrete actions, which were also expected by people with disabilities: Read the BDF news on the update.

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