Compilations of laws implemented and actions undertaken by EU Countries and European Institutions on disability
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Contents INTRODUCTION ............................................................................................................... 3 A compilation of laws and actions on disability in the European Countries and undertaken by the European Institutions.................................................................... 3 The UN Convention on the Rights of Persons with Disabilities ............................... 3 LAWS AND ACTIONS ON DISABILITY IN EUROPE .............................................................. 5 Austria ....................................................................................................................... 5 Belgium ..................................................................................................................... 7 Bulgaria..................................................................................................................... 8 Croatia .................................................................................................................... 10 Czech Republic ....................................................................................................... 10 Denmark ................................................................................................................. 13 Estonia..................................................................................................................... 15 Finland .................................................................................................................... 20 France...................................................................................................................... 21 Germany ................................................................................................................. 23 Greece...................................................................................................................... 26 Hungary .................................................................................................................. 28 Ireland ..................................................................................................................... 32 Italy.......................................................................................................................... 38 Latvia ...................................................................................................................... 39 Luxembourg ........................................................................................................... 41 Macedonia ............................................................................................................... 41 Netherlands ............................................................................................................. 42 Poland...................................................................................................................... 43 Portugal ................................................................................................................... 43 Romania .................................................................................................................. 47 Slovak Republic...................................................................................................... 48 Slovenia ................................................................................................................... 49 Spain ........................................................................................................................ 52 Sweden .................................................................................................................... 59 United Kingdom of Great Britain and Northern Ireland .................................. 60 The European Union.............................................................................................. 61 Bibliography/References ....................................................................................... 66
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INTRODUCTION A compilation of laws and actions on disability in the European Countries and undertaken by the European Institutions This report is a compilation of laws and actions undertaken by twenty-six different European Countries and by the European Institutions for the rights of disabled people. It aims to give a general overview at the national legislation for people with disabilities indicating the main laws in a chronological order. This compilation has the main objective to show some instruments that can be used for fighting for the rights of disabled people at national and local level. A particular attention will be give to a very movement in the world: the national signature Convention on the Rights of Persons with ratification of this important document will be consideration in this analysis.
important moment for the disability and ratification of the United Nation Disabilities. The signature and the indicated for each country taken into
Methodology: This analysis has been conducted thank to precious work of Ms. Brigid Glennon and Ms. Vanessa Eyeghe volunteers in IF; the survey was conducted through desk research. The information might be not comprehensive due to limited documents available on the web and available documents in English. If you wish to send us a feedback, comments or any questions please do not hesitate to contact us at: firstname.lastname@example.org. The UN Convention on the Rights of Persons with Disabilities In every aspect of life disabled people have the same rights as others. These rights are implicitly covered by other human rights treaties. However, disabled peopleâ€&#x;s rights can often be ignored and often marginalised because they develop in an environment which is unaware of the consequences of their disabilities. They encounter many physical, technical and social obstacles to the enjoyment of their rights in all regions of the world. Human rights violations against disabled people generally take the form of indirect discrimination, including the creation and maintenance of barriers preventing disabled people from enjoying full social, economic and political participation in the life of their communities. Countries generally have a narrow understanding of human rights vis-Ă -vis disabled people; so the UN Convention on the Rights of Disabled People explicitly states what these rights are. The Convention on the Rights of Persons with Disabilities was adopted by the General Assembly in its resolution 61/106 of 13 December 2006. It is a document which aims to promote, protect and ensure the full and equal enjoyment of all human rights and fundamental freedoms by all persons with disabilities, and to promote Page | 3
respect for their inherent dignity. Persons with disabilities include those who have long-term physical, mental, intellectual or sensory impairments which in interaction with various barriers may hinder their full and effective participation in society on an equal basis with others. This agreement sets out what countries have to do to make sure that disabled people have the same rights as everybody else. It consists of a list of rights that disabled people have. All the countries that support the Convention agree that disabled people should have these rights. There are 50 articles in the Convention. Articles 1 to 4 give basic information about the Convention. And Articles 34 to 50 are about how the Convention works.
The Optional Protocol of the UN Convention The government has also ratified the Optional Protocol to the Convention. The Protocol allows individuals who feel that their Convention rights have not been met to complain to the United Nations. This can only be done after all other domestic routes have been exhausted. Signing of the Convention When Government signs the convention, it expresses their intention of adhering to the Convention and its rules. Ratification of the Convention By ratifying, governments agree to be bound by the Conventionâ€&#x;s terms. Which means that all departments of governments need to consider what the Convention says when developing a policy or programme that affects disabled people. In other terms, the government promises to incorporate the Convention into its national laws.
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LAWS AND ACTIONS ON DISABILITY IN EUROPE Austria In Austria, the Federal Ministry of Labour, Social Affairs and Consumer Protection are the focal point at federal level in terms of disabilities. The Ministry of Labour, Social Affairs and Consumer Protection will be also the coordinating body and thus mainly responsible for the National Action Plan 2011-2020 to implement the UNCRPD, containing the guidelines and strategies for the Austrian policy for persons with disabilities in the upcoming years. In accordance with Article 35 para. 1 of the UNCRPD, (National strategies to implement the UNCRPD), Austria drew up its First State Report for the United Nations in October 2010. On the basis of numerous contributions from governmental and non-governmental organisations, this comprehensive report reflects the measures taken to fulfil the obligations from the agreement. The 'National Disability Action Plan' 2011 to 2020 is established with the purpose of implementing the UNCRPD. The Plan shall be built on the basis of the UN Guidelines referring to Art. 35, as well as to the Report of the Austrian Government on the Situation of Persons with Disabilities, published in 2008. It shall thus contain the guidelines and strategies for the Austrian policy for persons with disabilities in the upcoming years. The Federal Government will decide on the Plan. The plan is in the process of being established and should be adopted at the end of 2011. In the light of Article 9 of the UNC the Federal Ministry of Labour, Social Affairs and Consumer Protection in Austria does not envisage further amendments in legislation after the Amendment to the Federal Disability Act (see chapter 6 of the mentioned Report). In terms of Access to Justice, people with disabilities in Austria get special assistance in access to justice, in particular: - Deaf or partially deaf people: interpreters for sign language - Blind or partially sighted people: documents in Braille, read out files - All disabled persons: facilities concerning E-Government Regarding voting rights specific measure have been emplaced including issues such as accessibility of buildings and facilities for voting were taken to enable persons with disabilities full enjoyment of their right to vote: a) Physically disabled people: accessibility, barrier-free buildings b) Sensory disabled people: - Deaf or partially deaf people: interpreters for sign language - Blind or partially sighted people: stencils for ballot papers, tactile paving c) All disabled persons: postal vote, voting cards, personal assistance These measures apply to the 2009 elections to the European Parliament as well.
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In order to empower people with disabilities, the Austrian Government has introduced many solutions. Such as representatives of stakeholder organisations are involved in many authoritative boards of the Federal government (for example protection against dismissal of people with disabilities, most second level authorities in matters of people with disabilities). The Federal Disability Advisory Board (at the Federal Ministry of Labour, Social Affairs and Consumer Protection) with representatives from the Federal Government, the Provinces, the Social Insurance Institutions, Stakeholders, Social Partners and the Disability Ombudsman have to be heard by the Federal Minister of Labour, Social Affairs and Consumer Protection in all important issues concerning people with disabilities. Furthermore, there are various tools and methods used in Austria to foster empowerment of people with disabilities: - Expert‟s opinion on laws - Support in all questions about equal rights - Raising public awareness: events, campaigns, reports, brochures - Brochures in “Easy-to-read”-versions - Empowerment-programmes financed by the Federal Ministry of Labour, Social Affairs and Consumer Protection - working teams with representatives from the Federal Government, the Provinces and NGOs - “Peer-Groups” Regarding buildings, new regulations require all new buildings and means of public transport to be accessible by 2015. New buildings or new reconstructions co-funded with public money had to be accessible from 1 January 2008. Pursuant to Article 33.2 of the UN Convention The Independent Monitoring Committee of the Federal Disability Advisory Board (at the Federal Ministry of Labour, Social Affairs and Consumer Protection) with representatives from the Federal Government, the Provinces, the Social Insurance Institutions, Stakeholders, Social Partners and the Disability Ombudsman (amendment of the Federal Disability Act 2008) has been established. There are several NGOs and representatives of academic institutions represented in the Monitoring Committee. The Committee has taken steps to involve civil society in a high degree. Parliamentary decision of the 6 July 2005 The Austrian Parliament adopted a disability equality package, including the Federal Disability Equality Act as well as Amendments to the Disability Employment Act and to the Federal Disability Act (in force since 1 January 2006.) This anti-discrimination package offers for the first time enforceable protection against discrimination for people with disabilities and enshrines legal consequences if the prohibition of discrimination is violated (financial compensation). The Federal Disability Equality Act is the prohibition of discrimination on grounds of disability. Austrian Standard ONORM B 1600 Page | 6
Barrier-free building and planning principles has become mandatory for erecting new buildings of the federal administration and, among other things, also for the adaptation of transport facilities of the Austrian Federal Railways to suit the needs of disabled people. Other ONORMEN apply to educational and trainings institutions, basic principles for planning special facilities for disabled or older people as well as barrier-free tourist facilities, technical aids, mobile wheelchair lifts, acoustic signals, tactile and visual platform paying and toilet facilities for people with disabilities. Austria signed the Convention and Optional Protocol in March 2007 and ratified both in September 2008. Federal Law on Guardians for Disabled People („Guardianship Act”) of 1 July 1984 amended in 2007 This act is designed to provide mentally and psychically disabled people who cannot take care of their own affairs with a legally appointed guardian in order to protect them from possible disadvantages. In such cases, guardianship should be limited to the extent that is necessary in each individual case. Guardians and associations for people with disabilities give support. Associations for people with disabilities organise training for professionals. Federal Disability Act as amended in 2008 Established the Independent Monitoring Committee of the Federal Disability Advisory Board at the Federal Ministry of Labour, Social Affairs and Consumer Protection with representatives from the federal government, the Länder, the social insurance institutions, disability organisations, social partners and the Disability Ombudsman. The Independent Monitoring Committee has started to work on implementing the UNCRPD. Since December 2008 the Committee has held 25 meetings (one per month) and it deals with statements related to disability (e.g. inclusive education, occupational and work therapy, guardianship, violence and abuse). Although the Independent Monitoring Committee is only responsible for the federal level, it also deals with requests at the regional level if no other monitoring unit is in charge. The Independent Monitoring Committee of the Federal Disability Advisory Board is solely composed of members from the civil society. In fact, the members of the Committee are representatives from disability related organisations, human rights organisations, development aid organisations and representatives of academic institutions. Two Austrian disabilities legislation are: - Act on the employment of People with Disabilities. - Disability Equality Act 2005. Belgium Decree of 6 April 1995 This decree regards disabled persons‟ integration. The Walloon Government wants to ensure the full and complete participation of disabled persons in social and economic life. Page | 7
Article 8 of April 1995 Decree “Make available to disabled persons the establishments and facilities intended for the public, the places of education, of training and of work and the roadway system.” Decree of 4 February 2004 The Walloon Government laid down the conditions and the procedures of intervention of material aid to disabled persons‟ integration. Relates to grants interventions for individual requests for installation of the residence and technical aid encouraging the social and professional integration of disabled persons. Decree of 17 May 2004 This decree is intended to ensure Equal Treatment at work and to implement various European directives in the German-speaking Community. This decree includes additional aspects of both direct and indirect discrimination. Decree of 23 November 2006 Relates to the fights against certain forms of discrimination, the decree stipulates that reasonable installations have to be carried out in order to guarantee the respect of the principle of the equal treatment with regard to disabled persons. Decree of 23 November 2006 Stipulates that disabled persons accompanied by assistance dogs are admitted everywhere except in the places having received an exemption from the authority. Belgium signed the Convention and Optional Protocol in March 2007 and ratified both in July 2009. Law of 10 May 2007 Article 9 Clause which states “to combat certain forms of discriminations which stipulates that any indirect distinction based on one of the protected criteria constitutes indirect discrimination unless in the event of indirect distinction on the basis of a disability, it that is shown no reasonable installation can be set up.” Government Order of 12 July 2007 This lays down the legal provisions governing facilities for the disabled in subsidised infrastructures. All projects covered by the Order must meet technical requirements relating to facilities for the disabled in order to be eligible for subsidies from Germanspeaking Community. Decree of 26 March 2009 Offering a specialised secondary education in rotation in the French Community (regular education, special education, integrated education and inclusive education at home, teaching at hospital) this would give greater choice of education for all students in compulsory education, including students with disabilities. Bulgaria
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Persons and Families Act of 1949 “Natural persons of legal age and under age may be placed under disability in the presence of two preconditions: existence of „„insanity or mental disorder‟‟ due to which the person cannot take care of his/her affairs.” Article 4(3) of the Code of Civil Procedure of 1953, lastly amended in 1996 People with disabilities are entitled to specialised assistance in court proceedings; an interpreter is assigned to a deaf person involved in a case. Civil Servants Act of 1999 This act stipulates that the appointment body shall provide access for people with disabilities to the building, where the administration works, by overcoming the respective architectural and other barriers. Ordinance Nr 6 on the Provision of Accessible Environment in Urban Territories of 2003 This Ordinance contains the main guidelines of Bulgaria regarding the provision of physical access to public buildings and areas as well as to residential buildings. Regulation (EC) Nr 1107 of 2006 This regulation concerns the rights of disabled persons and persons with reduced mobility when travelling by air as administrative and criminal liability is envisaged for the people having violated the requirements of the regulation. The Commission for the Protection of Competition monitors the fulfilment of the commitments of the tour operators and the tourist agents under Regulation Nr 1107/ 2006 in its capacity of a national body in charge of the implementation of this regulation; Bulgaria signed the Convention in September 2007 and they signed the Optional Protocol in December 2008. However they haven’t ratified either and has not considered the raised issues. A National Council of Integration of People with Disabilities has been set up with the Council of Minister in accordance with the Integration of People with Disabilities Act for the implementation of cooperation in the developing and conducting of the policy in the field of integration of people with disabilities. Bulgaria is currently in the process of establishing a coordination mechanism foreseen in Article 33 (1) of the UN Convention.
The National Council of Integration of People with Disabilities has been set up with the Council of Minister. The National Council was established when the new „‟Integration of People with Disabilities Act „‟ was adopted and came into force 1 January 2005. The National Council is functioning according to the „‟Regulation of Procedure of the National Council for the Integration of People with Disabilities.‟‟ The Legal Assistance Act of 2007 Page | 9
This Act does not contain an explicit text regulating disabled people‟s right to free legal assistance. These persons are entitled to legal assistance under the same terms with socially disadvantaged citizens, who have to certify before National Business and Law Association (NBLA) that they receive or are entitled to monthly welfare benefits under Article 9 of the Implementing Regulations of the Social Assistance Act or that they are accommodated in specialised welfare institutions.
Croatia Croatia signed the Convention and Optional Protocol in March 2007 and they have ratified both in August 2007. Croatia is a participant in all major international human rights conventions. The Government demonstrated its commitment to the current efforts of multi-sectorial policy to promote the Rights of Persons with Disabilities when it passed the National Strategy for Equalisation of Opportunities for Persons with Disabilities 2007–2015 (hereinafter abbreviated „Strategy‟). The Strategy is a comprehensive document calling for several national level actions, to be coordinated on an inter-ministerial level. It presupposes that local and regional level actors will mobilise the human and financial resources needed to implement it. The Strategy should be seen as a part of a wider framework within which the CRPD is implemented. A clear set of indicators needed to be developed, reflecting the standards called for by the Convention. These indicators needed to be mainstreamed into the reporting mechanisms of the implementation of the Strategy at and by all levels of local, regional and national government. Czech Republic Act Nr 183 of 2006 Constructions must include technical structures which can be used by: mentally handicapped people persons with limited ability of physical exercise or orientation Act Nr 108 of 2006 Criteria for all persons entitled to free social counselling are: be based on individual needs have an active impact on the person support independence strengthen social integration Definition of disability according to Czech government: physical, mental, intellectual, sense or combined affliction, the consequences of which makes, or could make, such person dependent on another person‟s assistance. Care allowance is provided in the state budget and by the municipal authorities to: Page | 10
People aged one year and over, for ď‚ˇ the arrangement of necessary assistance ď‚ˇ self care and self sufficiency A person is dependent on another person if s/he needs everyday assistance with or supervision of self care or self sufficiency acts. There are 4 degrees of dependency which are: 1. Degree I (slight dependence): 12 acts or more for an adult (18 years old and over) [CZK 2,000:] 5 acts or more for a child (under 18 years old) [CZK 3,000] 2. Degree II (medium-heavy dependence: 18 acts or more (adult) [CZK 4,000] 10 acts or more (child) [CZK 5,000] 3. Degree III (heavy dependence): 24 acts or more (adult) [CZK 8,000] 15 acts or more (child) [CZK 9,000] 4. Degree IV (total dependence): 30 acts or more (adult) [CZK 11,000] 20 acts or more (child) [CZK 11,000] Self care acts include the following: a. Food preparation b. Food serving and portioning c. Food acceptance, compliance with drinking regime d. Body washing e. Bathing or showering f. Care for mouth, hair and nails, shaving g. Exercise of physiological need including hygiene h. Getting up from a bed, lying down, changing positions i. Sitting, ability to remain in the sitting position j. Standing, ability to remain standing k. Moving articles of everyday use l. Walking on a flat surface m. Walking on stairs, up and down n. Selecting clothing, recognising its proper overlays o. Dressing, undressing, putting on shoes, taking off shoes p. Orientation in the natural environment q. Exercising own simple medical treatment/dressing Complying with medical regime: Self sufficiency acts include the following: a. Verbal, written and non-verbal communication b. Orientation in respect to other physical persons and time, and orientation outside of such personâ€&#x;s natural environment c. Disposing of money and other valuables d. Arranging personal matters e. Time planning, life planning f. Inclusion in social activities corresponding to the age Page | 11
g. h. i. j. k. l. m. n. o. p. q. r.
Ensuring food and common articles (shopping) Cooking, heating up simple meals Dish washing Common household cleaning Caring for linen/underwear Washing up small linens Caring for bed Operating common household appliances Manipulating taps and switches Manipulating locks, opening and closing windows and doors Maintaining the household tidy, disposing of refuse Other simple acts related to household running and maintenance
Acts stipulated under individual letters are considered as one act only. If a person is only partially able to handle one of the acts, it is counted as an act which the person is unable to handle. The functional impact of a long-term unfavourable health condition on handling simple acts is considered. Amounts specified according to dependency increase January 1st according to social care consumer prices index if index increase to 5% minimum. Allowances are paid monthly in Czech currency in cash or via transfer to bank account, savings cooperative or credit cooperative. Applicants must: Submit themselves to a social investigation Have his/her health condition examined Prove the facts decisive for entitlement to an allowance within 8 days Notify any changes of facts to the relevant municipal authority in writing within 8 days of a change Refund any overpayment of allowance unless it is less than CZK 100 People can apply for an allowance by: Completing an application on a form prescribed by the Ministry. Applications must include: The name of the person‟s representative if the applicant is a minor or is unable to apply independently Details of how the payment may be paid Social Services include: 1. Stay-in services: Accommodation 2. Ambulatory services: transportation to and from social care facilities 3. Field services: services in person‟s natural social environment 4. Specialised Social Counselling Information according to needs of individual social groups of persons e.g. disabled people, in citizen counselling facilities. 5. Social Care Services Arranges for individual‟s physical and mental self sufficiency Enables integration in common social life to maximum extent possible and to provide a dignified environment and a dignified treatment of people. Page | 12
6. Social Prevention Services 7. Personal Assistance: no time limitation 8. Domiciliary assistance 9. Guiding and reading services to help with: Mediating contacts with social environment and asserting rights, justifying interests and looking after personal matters Social Service Facilities include: a. Day services centres b. Day care centres c. Week care centres d. Homes for disabled persons e. Respite care f. Special regime homes: chronic mental disorder g. Protected housing h. Interpreting services i. Half-way houses j. Social activation services for the elderly and disabled persons k. Therapeutic communities: chronic mental disorders l. Social counselling facilities m. Social therapeutic workshops Basic Activities provided within Social Services: a. Assistance with common self-care acts b. Assistance with personal hygiene or arranging for personal hygiene conditions c. Provision of food or assistance with arranging for food d. Provision of accommodation or overnight stay e. Assistance with running a household Pedagogical, educational and activation activities f. Social counselling g. Mediating contacts with the social environment h. Social therapeutic activities i. Assistance with asserting rights, justified interests and looking after personal matters j. Telephone assistance in crisis k. Training skills for handling self care, training self sufficiency and other activities leading to social integration l. Support for creating and improving basic work habits and skills. Czech Republic signed the Convention and Optional Protocol in March 2007. The Convention was ratified in September 2009 but the Protocol hasnâ€™t being ratified yet. Denmark Danish Preparedness Act of January 1993
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The Act integrated the former fire services and civil defence into an one single-strand rescue preparedness service to ensure swift and flexible interventions in times of disaster-responsibility for emergency services rests with local authorities. Social Service Act of 1998 Introduced provision of various services including home care, substitute carer (relief schemes), care allowance etc to help persons with disabilities to adjust well to community living. Section 83 and 91 Personal and practical help is given at home by assistants who can be employed by the local council or by authorised private care companies. After a person has been assessed and it is found that personal and practical help is needed, the person can choose between the local council and a private care company to organise the employment of the carer. Section 84 Sets out relief schemes meaning if help is normally provided by a relative, the council can offer a substitute carer (in the home) or a temporary relief place in a nursing home. Depending on the needs and wishes of the primary carer and the person with a disability, the relief scheme can provide for anything from a few hours up to full-time. Section 94 The person in need of care has the possibility of appointing a person to deliver the care. This person then has to be approved and employed by the local council. Section 95- Part 2 and Part 3 The care allowance is normally given to the person in need of care. This person can then employ one or more helpers to deliver the care. If the person in need of care is unable to act as an employer, a relative can be given the care allowance as a payment for giving care and/or employ other helpers. Section 96 The local council may give the person a care allowance as a personal assistance scheme (BPA) where the person with a disability employs the helpers of his/her choice. The BPA normally includes all types of help, including respiratory assistance etc. Denmark signed the Convention in 2007 and ratified in July 2009. They haven’t signed or ratified the Optional Protocol. In 2007, Denmark hadn‟t yet ratified the UN Convention and had not considered the raised issues. However it was clear that monitoring would be organised, civil society will be involved in accordance with the relevant provisions of the Convention. In 2011, the Ministry of Social Affairs was appointed as the national focal point for issues related to implementing the Convention. The appointment was made by Parliamentary Decision B 194 which adopted the ratification of the convention. Parliamentary decision B 15 of 2010 This established “The Danish Institute for Human Rights” as the independent mechanism for the promotion, protection and monitoring of the implementation of the UN Convention on the Rights of Persons with Disabilities.
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This institute carries out its mandate in accordance with the principles relating to the status and functioning of national institutions for protection and promotion of human rights (Paris Principle.) The Danish Disability Council is a Government-funded body made up of representatives of people with disabilities, nominated by the Danish Council of Organisations of Disabled People, and from the labour market parties as well as representatives from relevant fields of research. BR08 This regulates building activities in Denmark such as new buildings, extensions to buildings, conversion and alternations to buildings in order to increase the accessibility to public buildings. The demand for level access now also applies to escape routes and all units such as offices and meeting rooms on all floors. Dimensional demands for toilets in new buildings accessible to the public. Estonia Social Welfare Act of 8th February 1995 The following are some useful definitions in this act: Coping means the physical or psycho-social ability of a person or family to manage in everyday life. Social service means a non-monetary benefit which contributes towards the ability of a person or family to cope. Social benefit means a monetary benefit provided to contribute towards the ability of a person or family to cope. Other assistance means activities directed at improving the social environment and increasing social security. Purposes of social welfare are to: Prevent, eliminate and relieve difficulties in coping Assist persons with special social needs in social security, development and integration into society. Duties of the Minister for Social Welfare include: Administration of state vocational training institutions for the disabled. Organisation of the manufacture and procurement of prosthetic, orthopaedic and other appliances and the identification of the demand therefore, which are arranged by the county governor. A Special Care service must prepare an activity plan for the duration of the provision of special care, for the performance of concrete activities including: The objective established by the Social Insurance Board The recommended activities for the achievement of the objective The schedule and the description of the performance of the activities Social Services for the disabled include rehabilitation services to support the ability of a person to cope independently enable their social integration and aid people in obtaining employment and provide assistance at the beginning of employment. Page | 15
Prepare a personal rehabilitation plan, including services to be provided and instructions on how to carry out these activities, with validity from 6 months to 5 years or up to 3 years in the case of a minor. In order to receive rehabilitation services: An application needs to be submitted to the Social Insurance board including: A medical certificate: severe, profound or permanent mental disorder Social Insurance board shall decide whether to approve or refuse rehabilitation services within 10 days The rehabilitation team must include: For a person with a somatic disorder or injury: a physiotherapist or an occupational therapist For a person with a sensory disability, speech impairment or mental retardation: a special teacher or a speech therapist For a person aged between 18 and age of retirement: psychologist having undergone career counselling training. For a person under 18 years of age: a special teacher For an adult with a mental disorder: a psychiatrist A provider of rehabilitation services has the right to request the individual action plan if one has been prepared Rehabilitation services may be provided in a (n): Hospital Accommodation establishment meeting requirements stipulated in tourism act Social welfare institution Everyday life support service provides for: The best possible independent coping and development of a person through: Psycho-social coping Developing everyday life coping and working skills Counselling of the people close to and those living with the person These can be achieved by: Involving the person in the activities developing the abovementioned skills Supervising the person in the creation, preservation and development of social relationships Supervising the person in time-planning and spending spare time Supervising the person in using health, social, postal, financial and to other service Finding and implementing opportunities to acquire education Developing a person‟s working skills and enabling them to practise working Advising people close to or living with the person of the behavioural specificities of the behaviour of the person Supporting the activities of support groups for persons who receive the service and have similar diagnosis and related problems through supervising and advising the persons Involving the person in other activities necessary for the achievement of the objective of the everyday life support service.
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Employment support service seeks to: Improve the quality of life by searching for a job corresponding to the person‟s abilities and during employment Motivate a person to commence work Find a job based on the person‟s interests and suitability to his/her abilities Support and supervise the person in accordance with employer‟s instructions Supervise and advise the person‟s employer with the consent of the latter Supervise the person and the people working together with the person in their relationships Find a job suitable for the person, within one year after commencement of provision of employment support services, for a period of: At least 20 hours a week if loss of capacity for work is 40 - 50 At least 15 hours a week if loss of capacity for work is 60 - 70 At least 10 hours a week if loss of capacity for work is 80 - 90 Supported living service endeavours to: Support social coping and integration of a person through the creation of the possibility to grant him/her the use of a dwelling together with supervision in the organisation of household and everyday life. Duties include: Supervising the person in the organisation of household and everyday life including the preparation of a budget Supervising the person in the use of services relating to the use and maintenance of a dwelling including postal and financial services Assisting in making agreements in the rules of common mode of life and in the implementation of agreements Granting the use of the best furnished dwelling as possible which complies with the person‟s possibilities and needs Preparing the person for independent life and procuring a dwelling for independent living Supported living must have: At least one bedroom per person. [Two persons may live in one bedroom upon request of recipients of the service] A kitchen or kitchen corner The use of a toilet, shower or bath At least 2 hours a week of the activities specified in the rehabilitation plan Community living service aims to: Create a mode of life similar to a family Provide food and accommodation Develop the skills for the organisation of daily life activities through participation in joint activities Create a safe living environment Develop the person‟s personal and everyday life skills Supervise the person in time-planning and spending spare time Develop the person‟s working skills and capacity for work Enable the person to work on the territory or involve the person in work-like activity
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A person is eligible for this service if s/he can take care of her/his self and can participate in housework A community living service must include an activity supervisor per 10 people during the day and the evening and one activity supervisor for all persons at night Provision of prosthetic, orthopaedic and other appliances A list provided at a discount and the conditions and procedure for receipt thereof shall be established by the Minister of Social Affairs. Childcare services are provided if the need for care services of a child with severe or profound disability is set out in the child‟s rehabilitation plan and the child is not staying at an educational institution at the same time. Housing services are provided for persons who have difficulties moving about, caring for themselves or communicating in a dwelling, shall be assisted by the municipality in adapting their dwelling or obtaining a more suitable dwelling Care in social welfare institutions Types of social welfare institutions include: Support homes: daytime or periodic twenty-four hour care for disabled persons who live at home Youth homes which are schools for students with special needs General care homes which are institutions established for living, care and rehabilitation for elderly and disabled persons Residential educational institutions are institutions for living, care, development and education for disabled school-age children Social rehabilitation centres are institutions established for intensive rehabilitation of persons with special needs
Social Benefits for Disabled Persons Act of 27th January 1999 The purpose of this act is to support the ability of disabled persons to: Cope independently Socially integrate Have equal opportunities Study and work through partial compensation for additional expenses due to disability. Disability is: the loss of or an abnormality in an anatomical, physiological or mental structure or function of a person which in conjunction with different relational and environmental restrictions prevents participation in social life on equal bases with the others. Disability is divided into 3 categories: 1. Profound disability is where: Constant personal assistance, guidance or supervision is needed 24 hours a day Daily activity or participation in social activity is wholly restricted 2. Severe disability is where: Personal assistance, guidance or supervision is needed in every 24 hour period Daily activity or participation in social activity is restricted 3. Moderate disability is where: Page | 18
Regular personal assistance, guidance or supervision outside of his/her residence is needed at least once a week Difficulties during participation in social or daily activity are experienced The family physician fills in the state of health. Degree of severity is determined by The Social Insurance Board involving medical experts for a period of 6 months and up to 3 years or not later than the age of 16 years for a child when his/her degree of severity will be re-evaluated. Personal assistance or guidance means the provision of assistance to persons who do not cope independently with eating, hygiene, clothing, moving about or communicating. Supervision means the ensurance of safety regarding persons who, by act or omission, may constitute danger to the life, health or property of themselves or other persons. Additional expenses caused by a disability means expenses not financed from health insurance and other state budget funds on: Medicinal products Transport Maintenance of medical devices Household Use of the means of communication Clothing and footwear The Personal Rehabilitation Plan is a written document drawn up by a provider of rehabilitation services with the participation of the person and his or her legal representative which includes: An evaluation of the operational capacity of the person The need for personal assistance, guidance or supervision Activities necessary for his/her ability to cope independently and for social integration. Social Benefits for people with disabilities include: 1. Disabled child allowance Up to the age of 16 Paid to the parent Moderate disability: 270% of social benefit rate Severe or profound disability: 315% of the social benefit rate 2. Disability allowance for a person of working age Between 65% and 210% of the social benefit rate paid monthly to the disabled person for additional expenses caused by the disability 3. Disability allowance for a person of retirement age Paid to the disabled person for additional expenses caused by the disability and for activities prescribed in a rehabilitation plan (if one exists) at the rate of 160% in the case of profound disability 105% in the case of severe disability 50% in the case of moderate disability 4. Disabled parent‟s allowance Page | 19
5. 6. 7. 8.
75% of the rate of social benefit to: a disabled person raising a child alone and with whom a written foster care contract has been entered into a disabled single or step parent or guardian Two disabled spouses raising a child of up to 16 or up to 19 years enrolled in basic, upper secondary or vocational school If the child attains 19 years of age during a school year, the allowance shall be paid until the end of the school year. Education allowance is paid monthly, except in July and August, to a nonworking disabled student who has additional expenses in relation to the disability and who attends: upper secondary school in years 10 to 12 Vocational school Higher education institution Paid in accordance to actual additional expenses but in an amount between 25% and 100% of the social benefit rate Work allowance Paid to working disabled person 16 years and over with additional expenses related to the disability Amount of up to 10 times the social benefit rate during three calendar years as of the first grant of the allowance Rehabilitation allowance Paid to disabled people between 16 and 65 to compensate partially for actual rehabilitation expenditure up to 200% of the social benefit rate In-service training allowance Up to 24 times the social benefit rate paid to partially compensate for actual training expenditure: vocational training and formal education by a working disabled person within the adult education system
Allowances can be paid to the recipient: 1. into his or her bank account in Estonia 2. into the bank account of a third party with the written consent of the recipient of the benefit or his/her legal representative 3. by home delivery or post at the expense of the recipient of the benefit 4. into a foreign bank account of the recipient at the expense of the latter. Estonia signed the Convention in September 2007 but they haven’t ratified it. The Protocol hasn’t being signed or ratified. Finland Basic Education Act 658 of 1998 The local authority whose hospital is located is responsible for arranging teaching to a pupil who is a patient to the extent that his or her health and other circumstances allow. A registered association or foundation may be authorised to provide education including special needs education conditional to a specific educational or cultural Page | 20
need. Pre-primary education in special-needs education given to pupils with prolonged compulsory schooling shall be two years. The language of instruction for pupils with auditory impairments may be in sign language. Pupils who have temporarily fallen behind in studies or otherwise need short-term support in learning shall be entitled to remedial teaching. Pupils who have difficulties in learning or in school going shall be entitled to part-time special needs education Pupils who need regular support in learning or school going shall be entitled to enhanced support in accordance with a learning plan designed for him/her. The learning plan: Must be planned in collaboration with the pupil, parent, carer or legal representative of the pupil. Must comprise forms of pupil support and pedagogical arrangements Must be related to the content of the core curriculum Must be provided qualitatively and quantitatively in a manner appropriate for the pupil‟s level of development and individual needs Special needs education is provided: Partially or totally in a special needs classroom or another appropriate facility As a result of a written decision after the second year class and before transfer to the seventh year class. This decision shall determine: The child‟s primary teaching group Possible interpretation and assistant services and other services Exceptional teaching arrangements A plan on individual teaching arrangements shall be devised for the pupil. It shall: Describe the education and other support provided Be revised according to need but at least once a school year to correspond to the pupil‟s needs If, because of illness or disability, the objectives for basic schooling cannot be completed in 9 years, compulsory schooling shall begin one year early. A disabled child or a child with special educational needs has the right to get the interpretation and assistance services he or she needs to participate in education, other educational services and special aids free of charge. Finland signed the Convention and the Optional Protocol in March 2007 but they haven’t ratified either. France Law of 17 January 2002 This law makes sure that co-operation and participation with disabled persons is ensured by the Advisory National Board of Disabled Persons (CNCPH) in the development and in the implementation of the policies concerning them. The CNCPH
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associates public authorities and civil society: persons‟ disabled families, administrative bodies, trade union etc. Law Nr 2005-102 widens the scope of responsibility of the CNCPH by giving it responsibility to access the situation of persons with disability. Law of 9 September 2002 Planned construction for 13,200 prison places with at least 200 cells prepared for the reception of disabled persons‟. Decree Nr 204 – 836 of August 2004 This decree introduced Article 23-1 of the Convention which states that persons affected by deafness will benefit automatically from the services of an interpreter without bearing the expenses, which remains the responsibility of the State. Article 13 of the UN Convention discussed access to justice; this is reflected in the law nr 2005-102 for equal rights and chance, the participation and disabled persons‟ citizenship. Article L62-2 of the electoral code guarantees the full enjoyment of the right to persons‟ vote in situation of disability. Law Nr 2005-102 of 11 February 2005 Requires holding of a national conference on disability every 3 years which will gather representatives of organisations of persons with disabilities and other bodies relevant in disability policy. A charter of audio description between the professionals of the audio description, the media and the state was signed on December 2008 as the government is committed to developing the audio description to make the visual media accessible to blind persons or persons with impaired vision by imposing obligations. Article 47 of February 2005 This law makes it compulsory to access online public communications which would improve access to ICT to persons in situation of disability. As part of the law nr 2005-202, subtitling obligation for substantial part of programmes on times of major listening has been imposed for all large chains with an annual audience over 2.5% of the total television service audience will have to subtitle a substantial part of their programmes. Article 41 of February 2005 This article reads “equal rights and chance, participation and disabled persons‟ citizenship.” The issue of accessibility includes public transport, roadway systems, intermodality systems, adjustments to public spaces and buildings. A system of control of compliance with Article 41 is ensured and a sanction of 45,000€ imposed if article isn‟t followed. France signed the Convention in March 2007 and the Optional Protocol in September 2008; both were ratified in February 2010. In accordance to the UN Page | 22
Convention, France introduced accessibility laws with the principle of “access to all, for all.” Law of 5 March 2007 Sets up social supporting measures and budgeting personalised, concerning any person who receives social security benefits and whose health or safety is threatened due to difficulties. Decree of April 2008 Aims to allow accessibility of emergency calls for persons with auditive defection. Disabled persons‟ access to leisure is also an important topic which leads to the creation of the Tourism label and disability in 2001, which aims to encourage the development of an adapted tourism facility for disabled persons. Decree Nr 2009 – 1367 of 6 November 2009 Established the Interministerial Committee of Disability which will be responsible for setting up coordination mechanisms for the implementing of the UNCRPD. In accordance with Article 31 of the Convention; France has set up statistical mechanisms intended to follow the implementation of the Convention. Law Nr 2009 – 1791 of 31 December 2009 Authorised the ratification of the Convention on rights of people with disabilities. Germany The following is a Summary of “Disability law in Germany: an overview of employment, education and access rights” written by Martin Kock. Mr Rock states that people with disabilities are entitled to help and assistance in order to avert, eliminate or alleviate their disability. The goal is to overcome, as much as possible, the disability’s effects and to: Enable the disabled to participate in all areas of society especially in the labour market and in community life Live as normal as possible The federal government is obliged to have barrier-free: Design and construction of public buildings, streets etc Access to communication especially in the field of administrative internet sites, official forms and notifications. Facilities and means of all public transportation (bus, train, aircraft) Severely disabled people enjoy: Special employment protection rights Additional allowances and benefits i. Tax relief ii. Free public transport iii. Exemption from radio and television fees There are two main laws. These are: Page | 23
The Neuntes Buch des Sozialgesetzbuches, which includes provisions for the special needs of women and children, provides that disabled people: receive special benefits, including medical rehabilitation, in order to live a self-determined life have equal participation opportunities in society avoid or counteract discrimination
The Behindertengleichstellungsgesetz which: bans discrimination of disabled people by public authorities obliges the Federal Government to have barrier-free: Buildings, administrative procedures and access to information technologies Environment in relation to elections Access to restaurants and means of transportation
i. ii. iii.
There are two authorities responsible for protecting and promoting the interests of disabled people. These are: 1. The Integrations whose responsibilities are workplace issues including: i. The collection and distribution of the quota compensation levy for the severely disabled ii. The special protection against dismissal of severely disabled employees iii. The distribution of supplementary benefits for severely disabled employees‟ participation in employment 2.
The Bundesagentur für arbeit whose duties include: career advice placement measures for unemployed disabled people recognition of disabled people who are equal to severely disabled people supervision of the employer‟s obligation to employ severely disabled people
Disabled people are persons whose physical functions, mental capabilities or psychological health are highly likely to deviate, for more than six months, from the condition which is typical for the respective age and whose participation in social life is therefore impaired. A deviation from the typical condition means the loss of or restrictions with regard to physical, mental or psychological structures that are normally present at the respective age. Such an impairing deviation is deemed to be a disability if the impairment leads to a particular restriction that has an effect on at least one area of life. The minimum six-month period excludes only temporary abnormalities. Degree of disability is: Stated in degrees from 20 to 100 Recognised in a formal procedure by the competent “Versorgungsant Rules.” Adjusted or revoked if the disabled person‟s status improves Considered severe if the degree is 50 or higher “Gleichgestellt behinderter Mensh” is a special status given to people with a degree over 30 of disability if they are unable to find a suitable job or to remain employed due to his or her disability: Page | 24
people with this status receive generally the same additional benefits and special rights as severely disabled people but are not entitled to additional vacation or free public transportation a disabled but not “severely disabled” employee shall be protected in his or her competition with non-disabled
Discrimination of disabled people takes place if disabled and non-disabled people are treated differently without a just cause and as an effect of the treatment the disabled person‟s equal participation in social life is directly or indirectly impaired. All organisations that represent disabled people on a state or federal level have the right to take legal action for a disabled person with the latter‟s consent. The implementation of a barrier-free environment in the private sector will be achieved by target agreements including the necessary objectives and steps to be taken e.g. width of aisles, tactile signs (Braille) on shelves. Employment benefits for disabled people include: qualified career advice placement services vocational training measures mobility aids training subsidies and integration allowance for employers The Rehabilitationsträger: bears all the expenses for the training measures usually provides monetary benefits for disabled trainees pays the social security contributions All employers with a workforce of 20 or more are required to fill 5% of their jobs with severely disabled employees. If he does not comply with the quota he has to pay a monthly compensation penalty which is fixed as follows: EUR 105 for a quota of less than 5% but more than 3% EUR 180 for a quota of less than 3% and more than 2% EUR 260 for a quota of up to 2%
The revenue from the compensation levy is used for employment benefits for disabled people and their employers All employers are obliged to: review their vacant jobs to determine whether they are suitable for severely disabled people consult with the Vertrauensmann for the severely disabled concerning any job application from a disabled person furnish and equip the working environment in such a way that s/he is able to employ disabled employees unless this imposes an unreasonable burden on the employer Page | 25
alter the working conditions of a severely disabled employee if the working capacity of this employing declines obtain the approval of the Integrationsamt before giving notice of termination
Severely disabled employees: Must be employed in such a way that they can use and develop their knowledge and capabilities most effectively. They must be neither too little nor too much challenged by the job Cannot demand placement at a certain work place in the company or to be employed solely according to his/her desires Enjoy special protection against dismissal from their employment Are entitled to an additional week of paid vacation per year Are exempt from working overtime if they so request Are entitled to special seats and reading devices etc Have the right to elect an ombudsman when there are 5 or more severely disabled employees in a company, institution etc Education of disabled children is a state issue, therefore only some states have adopted co-education of disabled and non-disabled children in school. There is no legal entitlement for disabled children to receive assistance in ordinary school in states which have not adopted co-education. Special schools must help disabled children to achieve the educational aims that are within their capabilities. There are different special school-types for disabilities in the field of: hearing language physical and motor function development mental development emotional and social development general sickness Special schools must examine at the end of the school year whether attendance there is still required or whether the child can learn in an ordinary school People with hearing, sight and speech disabilities receive: communication and mobility aids concessions for postal and telecommunication services Hearing and speech aids Greece As required by Article 33.2 of the UN CRPD, a monitoring body should be defined to facilitate and supervise the application of the Convention in different sectors and on different levels. In Greece, such a body has not yet been defined. All ministries are thus reminded to recall the provisions of the Convention when they want to regulate questions that concern the people with disabilities until a new body is established.
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All Greek authorities, ministries etc. promote the right of disable people to accessibility in all areas of their daily and professional life. The article 9 of the UNC is a guideline and all efforts made under its principles. The role of the National Confederation of Disabled People (ESAMEA) and the National Confederation of Parents and Tutors of Disabled People (POSGAMEA), the most representative non-governmental organisations of people with disabilities is to participate in the dialogue with the Ministries‟ services for the determination and implementation of the UN Convention and also for the nomination of the monitoring body. Articles Nr 1666-1687 of Civil Code and Article 13 of Law 2447 of 1996 Provides for the judicial supervision of people with disabilities. These Special provisions of Civil and Penal Code are applied for the effective access to justice for people with disabilities. Law 2430 of 1997 Requires every year on the 3rd December (which is the official Day of people with disabilities) several events to take place under the aegis of Greek Parliament, the Ministry of Health and Social Solidarity and the National Confederation of Disabled People (ESAMEA) with the purpose to raise awareness the human and social rights of people with disabilities in Greece. At the same day, every year, ESAMEA, submits to the president of Greek Parliament a report related to the situation of people with disabilities in Greece. Article Nr 4 of Greek Constitutional Law Defines that all people are equal against the law and that all Greek women and men got equal rights and obligations. According to that article, disable people are equal against the law and there is no discrimination between sex genders. Article Nr 21, Section 2 of Greek Constitutional Law This article refers very clear that “Disabled people got the right to delectate all measures which ensures the autonomy, the professional accession and their participation in social, economical and political life of the country”. Article Nr 22 of the Greek Constitution Law This article introduces the right of disability people in the workplace and the protection of work that provides. In general, are regulated the benefit of work, employment conditions, the wage, the promotions, the education in the work and the all arrangement of benefit of work by the disability people, Law No 2831 of 2000 This law contains special clauses for the buildings to be accessible by people with disabilities. These clauses are related to issues such as the accessibility to entry-exit points of buildings, to sidewalks, elevators, post mail boxes and etc. The Ministry of Environment, Physical Planning and Public Works has organised a “Committee of Accessibility” which recommended to the Minister, issues that have to do with the implementation of the Law 2831/2000.
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According to this clause, the Greek constitution is tone in with other countries progressive constitutions adopting the social model for disability. In specific, this clause in accordance with that of “citizenship and equality” (article 4, sec 1) and that of article 116 sec.2., which allows the receipt of positive measures for those groups living in an imparity status, allows the lawmaker to take all measures which are necessary for the protection or the facilitation of disable people. Law No 2072 of 1992, article nr 22 and 30 3329 of 2005 These laws state that people with disabilities can live in apartments and boarding houses either autonomously or being supported by specialised staff. In addition, people with disabilities can take interest – free loans by the Organisation of Labour Residence (OEK) for the purchase or erection of their own residence. Law No 3304 of 2005 Aims at implementing the principle of equal treatment regardless of racial or ethnic origin, religious or other convictions, disability, age or sexual orientation in a wide variety of fields. Furthermore, it designates or establishes bodies for the promotion of equal treatment (a special Equality Commission within the Ministry of Justice, the Office of the Ombudsman and the Labour Inspectorate). This new legislative framework will provide a fresh impetus to the ongoing effort of Greece to ensure strict compliance with the principle of non – discrimination, in accordance with its constitutional provisions and international obligations. Centers of Education, Social Support and Training for people with disabilities (KEKYKAMEA) Law No 2646 of 1998, 3106 of 2003, 332 of 2005 and Ministerial Decision 45162 of 2005 These provide among others, services for the early intervention, psychological, consultative support and guidance for people with disabilities and their families. Greece signed the Convention in March 2007 but it has no been ratified. The Optional Protocol was signed in September 2010, it hasn’t been ratified. Ministerial decision No 3394 of 2007 Determines the “conditions of foundation and operation of roofs of supported existence of people with disability that is characterized by mental delay.”
Hungary Act on the Rights of People with Disabilities 1998 Established the National Council on Disability Affairs (NCD)
The National Council on Disability Issues was set up in 1999 The Council consists of representatives of the Government and the NGOs, all major national organisations of people with disabilities are represented in it. Every policy Page | 28
document, proposal, draft, etc. which is dealing with disability issues or may have an impact on people with disabilities have to be submitted to the Council which comments them. Besides during the elaboration of such document the relevant civil organisations are questioned about their opinion regarding the draft proposals and provisions. Currently there‟s a debate at the Hungarian Parliament about the new Civil Code which will radically change the above mentioned system if it is adopted. The major changes recommended in the draft law are the following: a) There will be no possibility to restrict legal capacity on a general ground; the court may decide to restrict it only to certain types of cases. b) According to the draft there will be a more differentiated system regarding adult persons, e.g. not only legal guardianship but supported decision making and preliminary legal statement. These new legal instruments will not restrict the legal capacity of the person but will create a shelter for him/her in order to do his/her on business and as a result legal capacity could be kept. Any restriction may be imposed only if it is necessary and proportional and the restriction will be decided when the person may endanger him/herself. The fact itself that the person is not capable to carry his/her own business could not be a ground of any restriction of legal capacity. According to the Statutes of the Ministry of National Resources, the tasks related to the implementation of human rights conventions belong to the Ministry‟s responsibility, and the Constitution on Operation of the Ministry assigns the international issues connected to disability to the Department of Disability. This way the appointment of the central governmental actor is indirectly deducible, although no concrete, specified appointment has been done. On the assignment of the legal predecessor of the Ministry of National Resources a National Autism Strategy was adopted in July of 2008, under the professional guidance of the Hungarian Autistic Society. An ombudsman exists for discrimination in general: Changing perception (recognises deaf as a people of a linguistic minority rather than people with a disability) Introduces national sign language for the deaf Subtitles or sign language of communications of public interest is obligatory by 1 July 2010 Hungarian Laws: Article 70/A of Act XX of the 1949 constitution Act CXXV of 2003 Act IV of the 1959 Civil Code Equal Treatment Authority Law of March 2006 States that public areas much are accessible to people with disabilities, this law was upheld in the court case nr 13 of 2006 (persons in a wheelchair.) Also states that disabilities can not be used as an excuse not to give somebody a job, Page | 29
this law was upheld in court, case nr 295 of 2006 (visually impaired persons.) Article 8 of Equal Treatment Authority Law of March 2006 This lists the grounds for discrimination including disability. Case law 404 of 2008 This case demonstrated that guide dogs should be allowed into shops. Reconstruction and Development Program Act (RDP) Article 22 of this act sets out the rules pertaining to disabled allowance. Article 23 of the RDP defines who shall be regarded as disabled as 1. visually impaired 2. loss of hearing so severe that not even with a hearing aid can they hear speech provided that the loss of hearing occurred before they were 25 and besides loss of hearing they can not talk properly 3. genetic reasons 4. serious disease before 14 5. severe disorder of the personality 6. two (or more) disorders listed above The definitions/criteria listed above are refined by Government Decree 141 of 2000. Decree 15 of 1990 This decree defines disability with regard to tax. Act Nr LXXXIV of 2007 Article 3 of this act defines disability with regard the rehabilitation allowance. Act IV of 1991 Provides support for the reintegration of people with disabilities into the workforce. Employment Sheltered and semi sheltered employment count as employment in lieu of integrated employment. There are 3 types of sheltered employment: 1. accredited employment wishes to employ disabled people provides employment aimed towards rehabilitation provides a safe environment for work provides an environment adapted to people with special needs 2. rehabilitation employment If the number of employees exceeds 20 to 40% 3. sheltered employment average numbers of employees with a disability = 50% provides workers with a disability with the chance of qualified work provides those in training with the opportunities that are necessary for successful rehabilitation Provides the necessary support personal.
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Act Nr 4 of 1959 on Civil Code Declares that each individual has the legal capacity due to his/her age or court jurisdiction there‟s no legal restriction. The scope of restriction may have a general affect on legal capacity (basically it‟s a general restriction, which means that there‟s practically no legal capacity) or may cover only certain types of cases, e.g. the person has no right to make a will or sign contracts. Act Nr 78 of 1997 Concerns the shaping and protecting of the built environment defines the accessibility, and declares the architectural rules and standards of accessibility in detail. The Constitution of the Republic of Hungary regulates the basic principles of elections and chapter 13. § 71 (1) guarantees the secrecy of vote. Act Nr 100 of 1997 on Electoral Procedure (hereinafter: LEP) contains further arrangements for the proper implementation of the abovementioned basic right. Act Nr 26 of 1998 on the rights and equal opportunities of people with Disabilities The deadline of physical and info-communicational accessibility is 31 December 2010. Due to the financial resources allocated through tenders a number of court buildings as well as police stations was or will be rebuilt in order to fulfil the requirement of physical accessibility. Currently approximately half of these buildings are accessible. Due to the lack of enough financial resources the deadline for removal physical barriers set by law most likely will not be kept and these projects will continue after 2010. The act of 1998 also declares that all state and local government institutions which provide public services have to meet the requirements of the physical and infocommunicational accessibility before the 31th of December 2010. For the sake of this cause, the Hungarian government spends over 25 billion HUF on the issue of accessibility through EU tenders as well as other domestic resources. The current legislative rules and standards that are already in force seem sufficient now, but there area regularly review and updates, whenever necessary. The Act on the shaping and protecting of the built environment has been changed on the 1st of January 2009 accordingly to the new international requirements of accessibility. National Disability Action Plan in 2006 for 2007- 2013 In order to implement the DAP the Government adopted the midterm Action Plan for 2007 - 2010. Hungary signed the Convention and Optional Protocol in March 2007. Both were ratified in July 2007. Related to Article 33.2 of Convention. The National Council on Disability Affairs (NCD) already has the right and duty to follow up and comment governmental activities related to persons with disabilities as well as monitor the implementation of the National Disability Program; Government Decree Nr 1065 of 2008 (X.14.) Page | 31
Assigned the NCD to promote, protect and monitor the UNCRPD. Act Nr 125 of 2009 Act on the Hungarian Sign Language and the use of Hungarian Sign Language. This Act implements Article 9 subsection 1.b), Article 21, Article 24 subsections 3.b), 3.c), 4 of the Convention. Code on Criminal Procedure Art Nr 86 Keeps legal guarantees and protect human rights of people with disabilities during criminal procedure. Ireland Mental Capacity and Guardianship Bill 2008 Guardianship Order is an order concerning the power to manage the property, financial affairs or personal welfare of a person who lacks the capacity (in relation to a specific subject-matter or more than one subject matter) by a Personal Guardian. An intervention takes place when necessary to the needs and circumstances of the individual: account is taken of likelihood to increase or regain capacity must give the person the most freedom possible must take account of the person‟s past and present wishes must take account of the views of person‟s relatives, carers, housemates must respect the person‟s dignity, bodily integrity, privacy and independence This act applies to person aged 18 and over; It is presumed that a person has full capacity to make own decisions unless proved otherwise. Capacity is: the ability to understand the nature and consequences of a decision at the time of making the decision and in relation to the choices available deciding the balance of probabilities A person is considered not to have capacity: if a third person is needed to implement a decision if s/he is unable to communicate by any means An individual making a decision on another person’s behalf shall: take reasonable steps to establish that the person lacks capacity in relation to the matter at hand apply money in the other person‟s possession to meet the expenditure be entitled to reimburse her/himself out of money from other person‟s expenditure if s/he has borne expenditure for the other person have civil or criminal liability resulting from her/his negligence in doing the act be allowed to provide life-sustaining treatment
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allowed to do any act which is necessary to prevent a serious deterioration in a person‟s condition
The High Court has the power to alter a will in exceptional circumstances where the justice of the case demands it and has exclusive jurisdiction in determining any issues in relation to: i. Non-therapeutic sterilisation ii. Withdrawal of artificial life-sustaining treatment iii. Organ donation Citizens Information Act of 2007 This act seeks to arrange for the provision of a personal advocacy service to certain persons with disabilities. Disability is a substantial restriction in the capacity of a person to carry out a profession, business or occupation or to participate in social or cultural life in the State because of an enduring physical, sensory, mental health or intellectual impairment It supports the provision of advocacy services to individuals which would assist them in identifying and understanding their needs and options and securing their entitlements to social services. It also supports, promotes and develops greater accessibility, co-ordination and public awareness of social services A person qualifies for the purpose of this act if: he/she is 18 years or over he/she is unable to or has difficulty in obtaining social service/s without assistance or support There are reasonable grounds to believe that there is risk or harm to his health, welfare or safety unless support is provided Or he/she is under 18 years of age his/her sole parent or guardian is a qualifying person he/she has a disability and it would be unreasonable to expect that a parent or guardian would act on his/her behalf in obtain social service/s without the assistant or support of a personal advocate A personal advocate may: any place where day care, residential care or training is provided for the person and make any inquiries he or she considers appropriate attend or represent the person at any meeting, consultation or discussion at which the persons interest are being considered and which the person would have attended if s/he were not a qualifying person Disability Act of 2005 States that disability is a substantial restriction in the capacity of a person to carry on a profession, business or occupation or to participate in social or cultural life in the State due to an enduring physical, sensory, mental health or intellectual impairment Substantial restriction is permanent or likely to be permanent and which results in a significant difficulty in: i. Communication ii. Learning Page | 33
iii. iv. v. vi.
Mobility Cognitive processes which gives rise to the need for services to be provided: Continuously whether adult or child Early in life to alleviate the disability
An assessment of the health and educational needs occasioned by the disability and those required to meet those needs which includes: a statement of the nature and extent of the disability a statement of the health and education needs occasioned by the disability a statement of the services considered appropriate to meet the needs of the applicant and the period of time needed for these services a statement of the period in which a review of the assessment should be carried out An assessment officer will: ensure communication that enables the participant to participate in the assessment and that enables him/her to provide his/her views concerning his/her needs or preferences ensure that the applicant is given adequate information relating to the process and results of the assessment refer to the principal if the child is enrolled in a school The National Disability Authority may be asked to prepare and submit a draft code of practice. A public body shall ensure that its public buildings are accessible to person with disabilities as far as it is practicable in relation to its resources and obligations: at the time of the construction, material alteration or extension of a public building if access would be provided to a greater number of persons with disabilities in a more cost effective manner Where appropriate the head of a body which provides a service to the public shall ensure that: there is integrated access to the service by persons with disabilities there is persons with appropriate expertise and skills available to give advise about how to ensure accessibility to the service the contents of a communication are communicated in an accessible form that are available to a person with a visual impairment with the aid of adaptive technology that information is clear and understandable by those with intellectual disabilities The Minister for Enterprise, Trade and Employment shall prepare a plan containing: vocational training and employment support services and programmes available to persons with disabilities A programme of measures to facilitate the integration of person with disabilities
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Measures taken to review the delivery of such training and services and the time limit for such a review to be carried out Measures to be taken to ensure more effective provision of such training and services
The Minister for Finance may specify compliance targets relating to the recruitment and employment of persons with disabilities in public bodies “Universal Design” will be encouraged in the design and composition of public environments and in technology so as to enable access by everybody Education for Persons with Special Needs Act of 2004 This act provides for, in line with best international practices, an inclusive environment whenever possible so that person with special educational needs have the same right to avail from and benefit from appropriate education and to leave school with the skills necessary to participate in the social and economic activities of society and to live independent and fulfilled lives. Special educational needs (SEN) is a restriction in the capacity of a person to participate in and benefit from education due to an enduring physical, sensory, mental health or learning disability or any other condition which results in a person learning differently from a person without that condition. A child with SEN will be educated in an inclusive environment where it is in the best interests of the child and where it does not impact the non-SEN children An assessment of the nature and extent will be made of the child’s disability by one or more of the following: A psychologist Medical practitioner Principal of the child An appropriately qualified social worker A therapist The principal of the establishment shall take practicable measures to meet the educational needs of the child. A plan made by the principal and the parents/guardians for the appropriate education of the child will include: the nature and degree of the child‟s abilities, skills and talents the nature and degree of the child‟s SEN and how these affect his/her educational development the present level of educational performance the special education and related support services to be provided to enable the transition between pre-primary and primary, primary and secondary education etc the goals the child is to achieve in a 12 month period or less An educational plan will be reviewed at least annually.
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Where a plan is being reviewed for a child who will be 18 years of age in the next 12 months shall include: the extent to which goals set out successfully met the educational needs the reasons for any failure to meet goals set out and the effect these failures had on the development of the child measures to address such failures The Board of Management of a school will: inform the parents of their child‟s needs and how those needs are being met ensure that parents are consulted with/are allowed to participate in decisions of a significant nature being made in relation to their child ensure that teachers and other relevant employees are aware of the SEN of students and the importance of being able to identify those needs ensure that other students are aware of the needs of persons with disabilities The National Council for Special Education may: amend guidelines provide necessary money‟s and support studies to the schools designate the school to which the child is to attend The National Council for Special Education shall: disseminate information to schools, parents and other appropriate persons on best national and international practices plan and coordinate the provision of education and support services plan for the integration of SEN children with non-SEN children make information available on the entitlements of parents with SEN children and the entitlements of SEN children ensure that progress of students is monitored and reviewed on a regular basis assess and review resources ensure a continuum of SEN provision is available to relation to each type of disability review the provision made for adults with disabilities to avail of higher/adult/education and continuing education, rehabilitation and training and to publish such reviews advise al educational establishments on best practices in relation to person with disabilities consult with voluntary organisations who promote the interests of or provide support services to persons with disabilities and ensure that these organisations‟ knowledge and expertise can inform both the planning and provision of support services and policy development conduct and commission research and publish the findings in such form and manner as the Council sees fit implement the policies relating to education
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provide an assessment of the implications of advice for resources including financial resources to the State
Equality Act of 2004 Discrimination occurs where: a person is treated less favourably than another person would, is or has been in a comparable situation a person is treated less favourably than another person would, is or has been due to an association with another person. In relation to discrimination on the basis of age: It is only applicable to people who have reached the school-leaving age required by law An employer can still set a minimum age, not exceeding 18 years, for recruitment. A person with a disability is able to fully undertake any duty if reasonably accommodated by the employer. An employer is obliged to take appropriate measures when needed to enable a person with a disability to: • have access to employment • participate or advance in employment • undergo training Unless this will cause a disproportionate burden on the employer. This is decided on the basis of: • The financial and other costs • The scale and financial resources of the business • The possibility of obtaining public funding or other assistance Appropriate measures are effective and practical and can include the adaption of: • working premises or equipment • working time patterns • Task distribution An employer is entitled to provide a rate of remuneration, which cannot be below minimum wage, for work of a particular description if the amount of work being done is less than what a person without a disability could do in the same amount of time A claim for discrimination or victimisation may be made: within 6 months of the event by a parent/guardian if the victim is unable to do so by reason of an intellectual or psychological disability Equal Status Act of 2000 Disability means: the total or partial absence of a person‟s bodily or mental functions, including the absence of a part of a person‟s body Page | 37
the presence of organisms in the body causing or likely to cause, chronic disease of illness the malfunction, malformation or disfigurement of a part of a person‟s body condition or malfunction which results in a person learning differently from those without the condition or malfunction condition, disease or illness which affects a persons thought processes, perception of reality, emotions or judgements or which results in disturbed behaviour
Family Status means a parent or the primary carer of a person 18 years or over with a disability who needs support on a continuing, regular or frequent basis. Primary Carer is a resident primary carer if the primary carer resides with the person with the disability. Discrimination is the refusal or failure of a service provider to do all that is reasonable to accommodate the needs of a person with a disability by providing special treatment or facilities but it is not applicable in the case of: i. The person with the disability being treated differently if this is necessary to prevent the person doing harm to him/her or others ii. Differences being reasonably necessary having regard to the nature of a sporting facility or event iii. A premises or accommodation being reserved for the use of persons with a disability etc iv. Preferential treatment or positive measures for the special needs of persons who may require facilities, arrangements, services or assistance which are not required by person without the special needs v. Being treated differently in the exercise of a clinical judgement in connection with diagnosis of illness or his/her medical treatment vi. A person being incapable of entering into an enforceable contract or of giving an informed consent New road or rail passenger vehicles which are purchased or leased by an operator of these services or which are to be used for such services may be required to be accessible and usable by person with a disability. In order to facilitate the mobility of a person with a disability, a road authority which constructs or alters a public footway or pavement shall provide: ramps dished kerbs sloped areas at appropriate places Italy Italy signed the Convention and Optional Protocol in March 2007 and ratified both in May 2009. Italy has a large legal framework which spells out the rights and entitlements of people with disabilities. The most important laws of this frame work are: Page | 38
Law Nr13/1989 – Design and Architecture of Public buildings Law Nr104/1992 – Defines a handicapped person and their rights and concerns Law Nr68/2000 – The right to work Law Nr04/2004 – ITC and new technology Law Nr 67/2006 – judicial protection against discrimination For example: By Presidential Decree any public building that can not be used by a handicapped person is not deemed habitable. The term used in Italian law is “inagibile”. Italy has also adopted the Italian Cooperation Guidelines concerning the Disabled. These focus on 1. The de-institutionalisation and the community based rehabilitation of a disabled person which respects and promotes their autonomy. For example Italy sends as many children as possible who are suffering from disabilities to regular schools. The training of socio-medical and educational staff to get positive attitude towards disabilities. This should be done through supplementary courses. Campaigns of awareness at local and national level to develop a positive attitude Encouraging the activities of specialists who are supporting people with disabilities and also researching the area. Using traditional medicine and other cultural and religious institutions Family context and community Italy has also produced a complete list of descriptions of every key word with regard to a person with a mental handicap Latvia Information from the Ministry of Welfare. Disability is lasting or unceasing impairment of function at grave, severe or moderate level that impacts the mental or physical abilities, working ability, self-care or social inclusion of the person
Grave disability is classified as group I Severe disability is classified as group II Moderate disability is classified as group III For children up to 18 years, disability is established without specifying the grouping. In order to perform the disability examination a person must: first visit the family doctor or attending physician submit an application, including medical documentation and referral by attending physician, asking for such examination to state commission Page | 39
Disability is established for either a limited period or without time limit (disability for life.) an individual rehabilitation plan can be then elaborated on People with long-term or incessant functional impairment or anatomic defects are entitled to receiver technical aids such as: prosthetic appliances orthopaedic footwear self care aids: toilet, bath and shower seats, toilet safety frame mobility aids: wheelchairs, walking-sticks, crutches, quadrupled walking aids, rollators, walking frames Ergo therapists examine and conclude which aids are needs and how to use them They also consult about using the aids and adaptation of home, work, and place of study environment. Specialists adjust aids to the individual needs of a person and can also repair the aids Day care centres provide services to disabled people. Vocational rehabilitation services are also provided free of charge to disabled people in order to enable them to master a new profession or to improve their professional knowledge and skills. In order to receive these services one must: apply for a vocational suitability test attach a reference from the family doctor about their health condition attach their passport attach documents testifying previous education and qualification attach a disability certificate determine his/her abilities in order to match a particular vocational direction together with a specialist Social rehabilitation means the renewal or improvement of a person‟s social skills in order to reintegrate him/her into social/work life Social rehabilitation for people with visual impairment includes: psychological adaptation training mastering of sense of direction and movement skills mastering of self-care skills mastering of Braille system mastering of typhlo-technique mastering of specialised computer and communication equipment user skills mastering of basic sills of physical and intellectual work improvement of communication and creative self-expression sills mastering of adapted sports activities consulting and aid in solving client‟s social problems Social rehabilitation for disabled with hearing impairment includes: Latvian sign language interpreter and communication services Latvian sign language training mastering of communication and creative self-expression skills psychological adaptive training help and support in solving client‟s social problems Page | 40
Luxembourg Law of 18 August 1995 This maw states that natural persons, handicapped persons or not, whose resources are in sufficient are entitled to a legal aid for the defence of their interest. Law of 19 June 1998 This law deals with the introduction of dependence insurance and gives a socioteaching accompaniment by means of activities varied and adapted to the needs and individual expectations of the person in situation of disability. Law of 29 March 2001 Deals with the accessibility of the places open to the public and the amended GrandDucal Regulation of 23 November 2001 on implementation of Articles 1 and 2 of the law of 29 March 2001 on the accessibility of the places open to the public. Installations were carried out on basis of the built environment including the courts, the administrations and the prisons. Law of 12 September 2003 Concerns disabled personâ€&#x;s guarantees an income specific to any seriously disabled person. The higher Council of Disabled Persons is a national consultative body of the government and more particularly of the Minister for integration and of the family regarding the questions referring to persons in situation of disability. The law of 2003 specifies the composition and the missions of the Council. Luxembourg signed the Convention and Optional Protocol in March 2007 and they ratified both in September 2011. The Ministry of Family Affairs and Integration is the designated focal point within the Luxembourg Government for matters relating to the implementation of the Convention. Luxembourg has not yet nominated an independent mechanism nor has it determined any reporting format as the ratification process has not yet come to an end in relation to Article 33.2 of the UN Convention. Law of 22 July 2008 Deals with the accessibility of the places open to the public to disabled persons accompanied by assistance dogs and Grand-Ducal Regulation of 19 December 2008 relating to the limitations to the access of disabled persons accompanied by dogs of assistance to the places open to the public. Macedonia Macedonia signed the Convention in March 2007 and the Protocol in July 2009. Neither has been ratified.
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New anti-discrimination law was adopted on the 8 of February 2010 to come into force on the 21 April 2010 Contains defined exceptions and exemptions comprehensive definitions of direct and indirect discrimination commission on protection from discrimination was set up Instructing to discriminate and reasonable accommodation for disabled people is not addressed in the Labour law. It could be said that the Macedonia constitution does not see disabled people as equal, though it does distinguish them from the infirm and unfit to work. Labour law which contains the most precise and developed articles on anti discrimination does not mention reasonable accommodation for people with disabilities. However reasonable accommodation in a slightly different wording does appear in a special law on Employment of people with disabilities. There is no definition of reasonable accommodation in this law, but it regulates the employment of people with disabilities however it does not apply to the public sector. Only people that have had their disability recognised and are working in the private sector benefit from it.
Law provides for sheltered companies. If an established sheltered company employs 5 people of which 40% should have a disability of which 50% should have a physical disability. All employees in a sheltered company do not have to pay income tax and the company does not need to pay a tax on profits. Special schools for children with disabilities are considered equal to state schools Labour Law http://pravo.org.mk/documentDetail.php?id=285&gid=79&tid=1&page+documenrla ws.php Law on child protection http://pravo.org.mk/documentDetail.php?id=11&gid=91&tid=1&page=documentlaws .php Netherlands The Act on Sheltered Workplaces of 1969 (WSW) This act guarantees and effectuates right to employment for those who are only capable to work in an adapted environment. The Media Act “Mediawet” of 1987 lastly reviewed in 2000 Regulations based on the Media act rules that starting from 2011, 95% of the Dutch spoken programs of the national public broadcastings should be subtitled for persons with hearing impairments; programs of commercial broadcastings should be subtitled for 50% of the Dutch spoken programs. Most of the programs spoken in other languages are subtitled for the general public. Page | 42
The Act on Equal treatment on the ground handicap or chronic disease of 2003 (WGBH/CZ) This act was written in order to combat discrimination of persons with a disability in the fields of education, labour, housing and public transport. The Building Code of 2003 (BOUWBESLUIT) Includes rules about usability including accessibility of new or renewed public buildings. The regulations cover functional requirements depending on the use of the building or parts of it. The Netherlands signed the Convention in March 2007 but they haven’t ratified it. In terms of the Optional Protocol, they have not yet signed or ratified it. As of 2009, the Netherlands hadn‟t yet nominated an independent mechanism pursuant to Article 33.2 of the UN Convention; however progress is made to establish a national human rights institute. The Act on social support of 2007 (WMO) This act compels local authorities to promote participation of all citizens including persons with disabilities. Where physical or social inaccessibility‟s occur, the authorities have to provide compensation. Domains include housing, mobility, leisure. The act also urges local authorities to provide services and support to all citizens (including persons with a disability) in order to facilitate them to participate in society. Voertuigenreglement is an implementation of directive 2001/85/EC which regulates accessibility of/ to buses. Poland Polish legislation regarding disabilities can be found at the following address: http://www.niepelnosprawni.gov.pl/ustawa-o-rehabilitacji/
Portugal In 2010 the National Institute for Rehabilitation made two studies about the available information on disability produced in public administration data and the implementation of ICF in health and social security inquiries. The National Statistic Institute also adopted a Recommendation about the use of ICF in national collecting data systems. Portugal has not yet nominated an independent mechanism pursuant to Article 33.2 of the UN Convention; neither special format for the reporting to the UN has been envisaged. However, Portugal is having this discussion at a political level with NGO‟s on that matter. Furthermore, Portugal is carrying out a study to develop indicators in the disability field. Page | 43
In Portugal, general right to vote is provided in the Constitution. Specific rules on Inclusion of People with Disabilities are regulated in Article 71º CPR. However Electoral Law provides for exclusion based on mental disability The National Institute for Rehabilitation (INR, I.P.) is responsible for the planning, execution and coordination of policies aimed to promote the fundamental rights of persons with disabilities. It establishes a set of measures, targets and indicators distributed by five strategic areas of action: Axis nº1: Disability and multiple discrimination; Axis nº2: Justice and exercise of rights; Axis nº3: Autonomy and quality of life; Axis nº4: Accessibility and design for all; Axis nº5: Modernization of Administrative and Information systems. Portugal has also approved the National Plan for the Promotion of Accessibility (2006-2015) to provide to persons with disabilities, autonomy, equal opportunities and full participation. This plan incorporates a set of measures of accessibility in the built of environment, transportation and information and communication technologies (ICT) and supportive technologies (TA) to all citizens without exception
Act 31-A of 14 July 1998 was changed by the Act No 8 of 11 February 2002 This states that the State must ensure that the broadcasting of the public television stations is followed by deaf persons or by those with hearing disabilities. Article Nr 141 of the Code of Civil Procedure, with the amendment of Decree Law Nr 183 of 10 August 2000 Requires the participation of deaf, mute or deaf-mute, and without prejudice to the intervention of an interpreter suitable where the judge considers appropriate, where a deaf, mute or deaf-mute must give evidence, there are specific rules. And the judge should appoint qualified interpreters to deaf, the mute or the deaf-mute who does not know how to read or write. Law Nr 78 of 13 July 2001 This regulates the organisation, competence and functioning of the Peace Courts and the conduct of proceedings within its jurisdiction, in Article 38 determines the requirement for assistance of a lawyer when the part is blind, deaf, mute or if for any other reason is in a position of manifest inferiority. Protocol of August 2003 Agreement between RTP and the two main terrestrial TV Portuguese private channels («SIC» and «TVI») and homologated by the Government, establishing an exchange of cooperation at different levels. Article 7 of the Portuguese Television Law (Law Nr 32 published in 22 August 2003) Page | 44
ÂŤThe State, public service concession holders and other television operators shall collaborate in the pursuit of values of human dignity, the rule of law, democratic society and national cohesion, and in the promotion of the Portuguese language and culture, taking into consideration the special needs of specific groups of viewersÂť. Decree Law No 30 of 10 December 2003 The European parking card for people with disabilities was approved. It grants the parking card to people whose disability leads to reduced mobility. Law Nr 38 of 2004 Ensures the participation by people with disability or respective representative organisations, particularly in the drafting of legislation on disability, execution and evaluation of all policies mentioned in this law, so as to ensure their involvement in all situations of everyday life and society in general. Law Nr 42 of 18 August 2004 (Law of Cinematographic and Audiovisual Arts) The State shall promote measures that ensure the access of people with disabilities to cinematographic and audiovisual works (Chapter II; Section I; Art. 7 n. 4) and the granting of support shall pay due regard to the application of new technologies and of measures that ensure the access to the distribution, exhibition, dissemination and promotion of cinematographic. RCM Nr 186 of 2005 In order to settle the submission of new draft laws that may interfere on issues related to the inclusion or participation of people with disabilities has to be completed with an assessment of its impact on the policies related to the prevention, qualification, rehabilitation and participation of people with disabilities. Decree Law Nr 163 of 8 August 2006 Which defines the conditions for accessibility to meet the project and construction of public spaces, public facilities and public buildings and houses, and surrounding areas; NGOPD are entitled to participate in the judicial procedure related with the situations of non conformity with this law. Which establishes the technical norms of accessibility to all the public and collective equipments, public buildings and housing, this new law aims to be more effective than the previous one and reinforces the rules applicable to promote accessibility as well as the sanctions that apply to every one: public or private entity and the National Plan of Promotion of the Accessibility (NPPA) (Council of Ministers Resolution No 9 of 17 January 2007) that constitutes an instrument of measures which aim is the improvement of the quality of life of all the citizens and, in special, the realization of the rights of citizenship of the persons with special needs. Article 93 of the Code of Criminal Procedure stipulates that a deaf or mute, in all stages of judicial proceedings and regardless of the position of the person in question is named an interpreter of sign language, lip reading or writing as more appropriate to the situation of the person concerned, and the mute, can make up the questions orally, in writing. Otherwise, where defendant was appointing qualified interpreter. And the lack of interpreter implies the postponement of the diligence. The Portuguese Government also approved the first Action Plan for the Integration of the People with Disabilities or impairments (2006-2009), by the Resolution of Page | 45
Ministers Nr 120 of 21th of September 2006. This Plan defines the measures that will be adopted and implemented by the government in the different areas of general policy and is intended to promote a wide partnership between public and private entities, central, regional or local administration, social partners, NGO‟s and civil society as well as people with disabilities. Council of Ministers Resolution Nr 120 of 21st September 2006 The Action Plan for the Integration of Persons with Disabilities or Impairments (PAIPDI) was adopted by this resolution. It defines sets of measures of performance of various government departments as well as goals to achieve in the period 2006/2009 to create a society that ensures the effective participation of persons with disabilities. Portugal signed the Convention and Optional Protocol in March 2007; Both were ratified in September 2009. Decree Law Nr 74 of 27th March 2007 Consecrates the right of access of People with disabilities accompanied with an assistance-dog the places, transports and establishments of public access. Council of Ministers Resolution 155 of 2007 Approves the following points: 1 – To determine that ways to organise and present websites of the Government and of central administration services and bodies shall be chosen so as to allow or facilitate the access thereto by citizens with especial needs, and shall conform to level ''A'' of web content accessibility guidelines developed by the World Wide Web Consortium (W3C). 2 – To determine that websites of the Government and of central administration services and bodies that imply the electronic provision of transactional services shall conform to level ''double-A'' of web content accessibility guidelines developed by W3C. 3 - To determine that websites of bodies referred to in paragraph 1 shall comply technically with provisions hereof, subject to adaptation, remodelling or new construction, within three months at the most; 4 - To determine that Internet websites referred in paragraph 2 shall comply technically with provisions hereof, subject to adaptation, remodelling or new construction, within six months at the most. 5 – To determine that websites created after this resolution has come into force ensure accessibility as provided for herein immediately. 6 – To determine that it shall be incumbent upon the General-Secretariat of the Presidency of the Council of Ministers to develop the necessary information, clarification and monitoring action to guarantee compliance herewith, together with general-secretariats of ministries, which shall report thereto as regards the achievement of set goals. Ministerial Resolution (RCM Nr 9 of 2007) This adopts the National Plan for the promotion of accessibility (PNPA) making the systematization of a set of measures to provide disabled or sensory impairment, Page | 46
autonomy, equal opportunities and social participation to which they are entitled as citizens. Law Nr 33 of 22 July 2008 Establishes measures to promote access to information on specific goods for sale to the public for people with visual impairments and provides custom monitoring and information system in Braille The Portuguese Government approved the National Strategy for the Disability (20112013) by the Resolution of Ministers Nr 97 of 14th December 2010. This strategy is based on the UNCRPD and succeeds the Action Plan for the Integration of People with Disabilities or Impairments (2006-2009). Romania Norm 051 of 2001 For the adaption of the civil buildings and the urban space to the demanding of the persons with handicap, was approved by the Order Nr 649/ 2001 of Minister of Public Works, Transport and Home. Law Nr 448 of 2006 Regards the Protection and Promotion of the Rights of Disabled Persons. The law has a chapter dedicated to accessibility, this foresees in view of ensuring the access of disabled persons to the physical, informational and communicational environment. The public utility buildings, the ways of access, the dwelling buildings constructed from public funds shall be adapted according to the legal provisions in the field, so as to allow the free access of disabled persons. The law of 2006 stipulates that the local and central authorities and institutions shall ensure, for the direct relations with the persons with a hearing or deaf blind handicap, authorised interpreters of the mimic and gesture language or of the specific language of the deaf blind person. The rights and facilities of the families of disabled persons (including children) are stipulated in the law 448/ 2006. Romania signed the Convention in September 2007 and it was ratified in January 2011. In terms of the Optional Protocol, it was signed in September 2008 but it hasnâ€™t been ratified yet. Romania has undertaken all necessary measures at national level for the implementation of Regulation (EC) Nr 1107 / 2006 concerning the rights of disabled persons and persons with reduced mobility when travelling by air. Romania has not yet developed any comprehensive strategy to implement the UN Convention of Rights of Persons with Disabilities. Order Nr 559 of 2008
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The quality of services is being measured according to the methodology for monitoring the implementation and controlling the compliance of the Specific Quality Standards for Residential Centre, Day Care Centre and Protected Homes for adult persons with handicap, approved by the Order of 2008. The quality of services is being measured on annual basis. Law Nr 221 of 2010 This law applies the ratification of the Convention which establishes the monitoring mechanism. The Minister of Labour, Family and Social Protection through the General Directorate for the Protection of Persons with Disabilities is designated the central authority for the implementation of the UNCRPD. But it is not established as the independent monitoring mechanism. Slovak Republic The Constitutional Court of the Slovak Republic, Case of 11 December 2003. Case Nr Pl.ÚS 10/02 www.concourt.sk/rozhod.do?urlpage=dokument&id_spisi=14853 The Constitutional Court examined the constitutionality of a legal provision regulating work of students working on a temporary basic stated that preferential treatment for certain groups (the disabled, women and juveniles) can be justified. The District Court Banská Bystrica, the Regional Court Banská Bystrica, Case of 20 November 2007. Case Nr 8C/119/2006 – 107 This court decision upheld that putting an age limit on disadvantaged job applicant is legal. A person violating the principle of equal treatment is also liable for material damages caused by the breach of the principle of equal treatment.
Anti-discrimination Act of 1991 This act demands equal treatment for people with disabilities as for people without disabilities doesn‟t define a person with a disability. Social insurance Act 461 of 2003 This act defines the following as conditions for acquiring a disability pension 1. at least 40% loss of the ability to work 2. Long term unfavourable state of health Sections 94-102 of School Act These sections of the act contain provisions on children and pupils with disabilities. Section 94 states that children with disabilities shall be educated in special school however the criterion for this is not mentioned in the act. Section 166 of the Labour Code States that the employer is obliged to provide a woman and man with parental leave until the child reaches six years of age if it suffers from a long term serious disability.
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Anti-discrimination Act of 2004 covers the main law in this area. It demands equal treatment for people with disabilities as for people without disabilities. However it does not define a person with a disability. Anti-Discrimination law is the Slovak Republic is mostly case based. Under the Anti-discrimination Act of 2004, sheltered or semi-sheltered employment/accommodation is available but following criteria must be met: At least 50% of employees have a disability Working in sheltered employment is considered to be employment Subsidies are available to help fund and support them but require the business to run for at least 2 years In 2003 the Constitutional Court of the Slovak Republic accepted that preferential treatment for the disabled was not illegal. Railways Act allows railway companies to offer a discount to disabled people. The act on railways also contains general rules for creating conditions for access of people with disabilities which allow for reduced fares. Social insurance Act defines the following as conditions for acquiring a disability pension: 1. At least 40% loss of the ability to work 2. Long term unfavourable state of health Building laws state that “Buildings that do not meet the law with regard access for disabled people should not get approval from the respective building office.” Key Laws regarding disabilities: The Constitution of the Slovak Republic Nr 460 of 1992 Coll. (amended by Nr 244 of 1998 Coll.) Nr 9 of 1999 Coll. Nr 90 of 2001 Coll. Nr 140 of 2004 Coll. Nr 323 of 2004 Coll. Nr 463 of 2005 Coll. Nr 92 of 2006 Coll. Nr 210 of 2006 Coll. More information can be found at www.concourt.ska/A/a_index.htm Slovakia signed the Convention and Protocol in September 2009 and both were ratified in May 2010. Slovenia Construction Act (Zakon o graditvi objektov (ZGO-1) All works in public use that are newly constructed or reconstructed must:
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be designed in such a way as to ensure access, entry and use by functionally impaired persons without physical obstructions or communicational hindrances be equipped with a life or other appropriate device where all premises are not on the ground floor ensure unhindered access, entry and use by functionally impaired persons in at least one-tenth of all apartments
A contractor shall be fined SIT 2,000,000 to 5,000,000 if it fails to ensure unhindered movement for functionally impaired person Spatial Planning Act Spatial planning and management should provide unhindered access to buildings to enable their use by functionally disabled persons Employment Relations Act (Ur. I. RS, Nr 42/2002, UR. I. R.S, Nr 103/2007) Employers must ensure equal treatment irrespective of (amongst other criteria) disability Direct discrimination is where a person, because of his personal circumstances, has been, is or could be treated less favourably than another person in identical or similar circumstances. Indirect discrimination a person in a certain personal circumstance is or could be placed in a less favourable position than another person in identical or similar circumstances due to an apparently neutral regulation, criterion or practice unless these are justified by a legitimate objective and the means for achieving the objective are appropriate and necessary Discriminated persons and persons who help the victims of discrimination may not be exposed to unfavourable consequences owing to actions aimed at fulfilling the prohibition of discrimination An employment contract can exceptionally be concluded without public advertisement in the case of employment of a disabled person pursuant to the statute regulating employment of disabled people Temporary absence from work of a worker due to disease, injury, and care for a family member or severely handicapped person may not be a criterion for the determination of redundant workers An employer may not terminate an employment contract of a disabled worker because of established disability of second or third degree or a disabled worker who does not have the status of a disabled worker for a business reason unless it is possible to assure him appropriate work in accordance with the regulations on training and employment of disabled persons The employment contract ceases to be valid when the decision about the established disability of the first degree becomes final Overtime may not be imposed on a worker whose health condition could, in the opinion of a health commission, aggravate as a result of such work An employer is obliged to transfer a worker from night work to suitable day work if night work could deteriorate a worker‟s health Page | 50
A disabled worker or a worker who takes care of a physically or mentally handicapped child shall have the right to at least three additional days of annual leave An employer shall provide protection of disabled workers and disabled persons who do not have the status of a disabled worker in employment, training or retraining in accordance with the regulations on training and employment of disabled persons and the regulations on pension and invalidity insurance An employer must ensure a worker with whom remaining capacity for work has been ascertained: another work corresponding to his remaining capacity for work part-time work with regard to his remaining capacity to work occupational rehabilitation wage compensation A worker may refuse posting abroad if s\he has a disability Parental protection and family benefits act (official consolidated text) (ZSDP-UPB2) A child in need of special care is: a child with disturbances in mental development a blind or partially-sighted child a deaf or hard of hearing child a child with a vital organ malfunction a child with disabilities in moving a child with a protracted serious illness, who, due to his/her medical condition, requires more careful nursing and care Social security contributions are (amongst others) contributions for compulsory pension and disability insurance. In case of companies, institutes and other organisations employing disabled persons which are obliged to pay contributions for parental protection, and in the case of persons who are employed in those companies, institutes and other organisations, the parental protection contributions shall be calculated and paid to a special account and used as assigned funds for the development of those companies and organisations in line with the law Child care leave will be extended by an additional 90 days (350 days total) in the case of the birth of a child in need of special care If it is established that a child suffers from a disturbance in physical or mental development or has a protracted severe illness after child care leave has been used and the child is not yet 18 months, one of the parents is entitled to child care leave in the period of 90 days from the day the right was granted Both parents can use their child care leave at the same time in the case of birth of a child in need of special care or where the parents already safeguard and nurse a child in need of special care
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One of the parents who nurses and cares for s child with a severe disability in movement or with a moderate or severe disturbance in mental development shall have the right to part-time work after the child‟s third year of age but not after the child reaches 18 years of age One of the parents who pays social security contributions on the basis of his/her activity for at least 20 working hours per week and who cares or nurses a child with severe disability in movement or with moderate or severe disturbance in mental development shall have the right to pay social security contributions on the basis of a proportional share of the minimum wage also after the child‟s third year of age but not after the child reaches 18 years of age this right shall not be granted if the child lives in an institution which provides full-time care free of charge in order to obtain medical treatment, training, upbringing or education, unless this period is shorter than 30 days a year Family benefits are benefits in cash comprising, amongst others, special child care allowance Special child care allowance is: intended to cover the higher costs of living the family has due to special care and nursing of a child needing special care the monthly amount of SIT 19.300 the monthly amount of SIT 38.950 in cases of children who have: i. severe disturbances in mental development in cases where: they can only be trained to participate in activities they need constant nursing, care, help and guidance they have limited abilities of movement and suffer from other severe disturbances, illnesses and diseases their understanding and following of instructions is very limited their orientation result on intelligence tests is less than IQ 20 and mental age up to 2 years ii. Severe disability in movement where they can only perform few useful movements they cannot move independently they are fully dependent on assistance from others they have severe communicational disturbances they can communicate through non-verbal or substitute communication Provided for the period when the child is provided with special care due to medical reasons, or until the age of 18 or up to 26 if s\he has the status of pupil, apprentice or undergraduate. Spain The focal point for the UNCRPD is the Ministry of Foreign Affairs and Cooperation as well as the Ministry of Health, Social Policy and Equality, through the Directorate General for the Coordination of Sectorial Policies on Disability, which is responsible for the coordination of both.
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In 2011, the government had approved the III Action Plan for Persons with Disabilities, which sets the government‟s strategy for this legislature (2009-2012) in matters of disabilities, and which falls within the framework of the fundamentals laid down by the UNCRPD. The Spanish Strategy of Action for the Employment of People with Disabilities 20082012 is another governmental initiative in order to promote quality employment for persons with disabilities avoiding any kind of discrimination in the labour conditions. People with disabilities have access to all public means of training that are of interest and; likewise, they have programmes financed by Public Administrations and other collaborators that are undertaken by their Organisation in order to favour their competence and skills. The Spanish Government affirms that accessibility is an essential prerequisite for the exercise of the fundamental rights which benefit persons with disabilities. It therefore provides for regulatory measures in specific fields to ensure basic standards of accessibility and non-discrimination In 2007 measures were also taken to facilitate access for all blind or visually impaired persons, deaf persons and persons with impaired hearing and persons who are both deaf and blind. (Please find them below the Organisation Act Nr 9 of 8 October 2007, the Royal Decree Nr 1612 of 7 December 2007, and Act Nr 27 of 23 October 2007.) Articles Nr 9.2, 14 and 49 of the Spanish Constitution These articles have been developed with further regulations, such as Law 13/1982 of April 7, of Social Integration of people with disabilities (now LISMI, Ley de Integración Social de los Minusválidos) and especially by Law 51 of 2 December 2003, on equal opportunities, non-discrimination and universal accessibility for people with disabilities (LIONDAU), whose purpose is to set up measures that guarantee and make effective the rights for equal opportunities of people with disabilities. Act Nr 13 of 7 April 1982 On social integration of the handicapped (hereinafter referred to as LISMI). Situations of risk and humanitarian emergencies Under article 2 of Act Nr 2 of 21 January 1985 on civilian protection competence in this area lies with the civil administration of State and, when the seriousness of the situation so requires, the armed forces. At the request of the competent authorities they are empowered to cooperate in civilian protection activities, performing whatever tasks are assigned to them. Royal Decree Nr 1 of 24 March 1995 This decree regards the field of labour and workers. Consolidated text of the Act on the status of workers, establishes the principle of equality of treatment and nondiscrimination in labour relations covered by that law (for example, articles 41.2(c), 16.2 and 17.1). Page | 53
Royal Decree Law Nr 2 of 7 April 1995 (hereinafter referred to as LPL) Act on labour proceedings. Article Nr 4 of Law 6 of 14 April 1997 States that the Government shall adopt regulations for people with disabilities that, in general and by applying the principle of serving citizens, on the Organisation and Functioning of the General State Administration. Royal Decree Nr 605 of 16 April 1999 Article 1 of this decree introduces additional regulation of electoral proceedings, stipulates that in any electoral proceeding the premises in which voting takes place must be accessible to persons with mobility problems. Since 2004 all the institutional campaigns of the Ministry of the Interior designed to announce election dates and provide information on the voting procedure and the requirements and arrangements for postal votes, when broadcast on television, bear subtitles and carry images of an interpreter using sign language. The campaigns may be viewed on the website of the Ministry of the Interior. Law Nr 13 of 7 April 1982(Social Integration of Disabled Persons (LISMI) Law Nr 51 of 2 December 2003 Regarding equal opportunities, no discrimination and universal accessibility of people with disability (LIONDAU) and includes its implementing rules. The project of law adaptation to the International Convention on the Rights of Persons with Disabilities approved by the Spanish government in December 2010 has been admitted to procedure in the National Parliament. Royal Decree Nr 1865 of 2004 The government coordination mechanism to protect, promote and monitor compliance with the United Nations Convention on the Rights of Persons with Disabilities (UNCRPD) is the National Disabilities Council. This is a consulting body made up equally of representatives of all the ministries and representatives of persons with disabilities. The decree regulates the Council. Children with disabilities Organisation Act Nr 1 of 15 January 1996 on the legal protection of minors reflects a concern with the provision of an adequate legal framework of protection for children deriving from the Convention on the Rights of the Child. Its preamble justified the adoption of the Act, in compliance with the mandate defined in the Constitution, as a guiding principle of social and economic policy, namely that of ensuring the social, economic and legal protection of the family and, within the family, special protection for minors. Article 3 states that minors shall enjoy the rights conferred on them by the Constitution and international treaties without discrimination of any kind based, inter alia, on disability or illness. The succeeding articles recognize the right of the child to honour, privacy and individual identity, the right to information and freedom of thought, the right of participation, association and assembly (the unrestricted right to participate in social, cultural and other aspects of. life; public authorities are to promote the establishment of machinery for Page | 54
participation; the right to join and promote associations) and the right to freedom of expression and to be heard. Royal Decree-Law Nr 5 of 4 August 2000 (hereinafter referred to as LISOS) Act on offences and penalties in the social order. Act Nr 51 of 2 December 2003 Act which talks about equality of opportunity, non-discrimination and universal accessibility for persons with disabilities, all non-nationals are eligible to benefit from the provisions of the Act. On 16 June 2006 the Council of Ministers adopted the National Strategic Plan for Children and Adolescents 2006-2009 (PENIA Plan). This is the first plan to be drawn up in Spain setting out the strategy guidelines underlying policies on children for the guidance of the various public administrations The Autonomous Communities and the child welfare organisation took part in its preparation, and it was approved by consensus by the Child Observatory in plenary session. The text is in line with the approaches and principles laid down in the Convention on the Rights of the Child and the recommendations of the Committee on the Rights of the Child. Act Nr 51 of 2003 of 2 December 2003 The final fifth provision of this act discuss the equality of opportunity, nondiscrimination and universal accessibility for persons with disabilities (LIONDAU) empowers the Government to lay down the basic conditions of accessibility and nondiscrimination to be complied with in environments and services needed to permit persons with disabilities to participate in public life and electoral proceedings. Act Nr 62 of 30 December 2003 on fiscal and administrative measures and the social order Establishes a general framework for equal treatment in employment and occupation, which seeks to combat discrimination based on religion or belief, disability, age or sexual orientation Arbitration regulated under Royal Decree Nr 1417 of 1 December 2006 Constitutes the most suitable course, so they can assert their rights without encountering the difficulties that normally arise when going through legal channels Women with Disabilities On 1 December 2006 the Government adopted a First Plan of Action for Women with Disabilities, which establishes a strategy and methodology for correcting the inequalities between men and women with disabilities. The Third Plan of Action (for persons with disabilities) incorporates the principles and measures of the earlier plan with the aim of addressing disability along gender-analysis lines. Law Nr 39 of 14 December 2006 on the Promotion of Personal Autonomy and care for people in a situation of dependency The Convention on the Rights of Persons with Disabilities adopts a pluridisciplinary approach to the protection of children. It defines the protection of their rights from two standpoints: that of protection of children as such and that of protection of children Page | 55
with disabilities. The 2006 Act discussed the promotion of personal autonomy and care of persons in situations of dependency, article 2 of which defines the concepts of autonomy and dependency. Sets forth in Article 1 that the purpose of this Law is to regulate basic conditions that guarantee equality when exercising the civil rights of citizenship, the promotion of personal autonomy and care for people in a situation of dependency, in the terms established in the Law, through the creation of a System for the Autonomy and Care of dependent people, with the collaboration and participation of all Public Administrations and the guarantee of the General State Administration of minimum equal rights for all citizens anywhere in Spain. This Law constitutes the fourth pillar of the welfare state, together with education, health and pensions. Involves, amongst other measures, the recognition of a right to enjoy services that provide support to the families of disabled people and the funding of a personal assistant in the case of people with disabilities who have greater support requirements Act Nr 49 of 2007 Which establishes a category of offences and penalties relating to equality of opportunity, non-discrimination and universal accessibility, an Offences and Penalties Unit has been established; The Act lays down administrative penalties for breaches of the rights of persons with disabilities in cases of direct or indirect discrimination, harassment, failure to comply with access requirements or make reasonable accommodation and non-compliance with legally established affirmative action measures. Royal Decree Nr 173 of 19 February 2007 Decree which amends the Building Code. Spain signed the Convention and Optional Protocol in March 2007 and they were both ratified in December 2007. Royal Decree Nr 366 of 16 March 2007 This sets forth the conditions of accessibility and non-discrimination of people with disabilities in their relations with the General State Administration. Royal Decree Nr 505 of 20 April 2007 Adopts the basic standards of accessibility and non-discrimination for persons with disabilities as regards access to and use of urbanised public areas and buildings; The Organisation Act Nr 9 of 8 October 2007 amending the Organisation Act of 19 June 1985 This establishes a voting procedure for blind or visually impaired persons (Nr 5/1985), enabling them to exercise their right to vote with a guarantee of secrecy; Act Nr 27 of 23 October 2007 This recognises the Spanish sign languages and governing support devices for oral communication by deaf persons and persons with impaired hearing and persons who are both deaf and blind means a support for the oral communication of deaf people. Deaf people, or their families in the case of children, can choose between sign Page | 56
language and / or oral language, with the necessary support they require for oral communication Royal Decree Nr 1468 of 2 November 2007 Through this decree the original responsibilities of the NDC have been extended and modified. Adds to the functions of constituting the organ of reference for promoting and monitoring legal international instruments regarding human rights for people with disabilities, on account of the recent adoption by the United Nations Organisation of an International Convention in this sphere. At the same time, the Spanish Committee of Representatives of Persons with Disabilities (CERMI) was designated the primary independent civil society organisation in this area by decision of the National Disability Council dated 17 September 2009. Royal Decree Nr 1855 of 4 December 2009 The regulations governing the National Disability Council amended to designate it as the institutional body responsible for the application and implementation of the Convention, incorporating into its functions that of serving as the focal point in the general administration of State for the promotion, protection and monitoring in Spain of the international legal instruments relating to the human rights of persons with disabilities which been incorporated into domestic law, and, in particular, the United Nations International Convention on the Rights of Persons with Disabilities. Royal Decree Nr 1468 of 2 November 2007 Regulates the National Council on Disability has been modified, by adding to the functions of the National Council on Disability that of constituting the organ of reference for promoting and monitoring legal international instruments regarding human rights for people with disabilities, on account of the recent adoption by the United Nations Organisation of an International Convention in this sphere. Royal Decree Nr 1494 of 12 November 2007 Adopts the regulations on basic standards for access by persons with disabilities to the new technologies, products and services relating to the information society and social communication media. Royal Decree Nr 1544 of 23 November 2007 Sets up the basic standards for accessibility and non-discrimination in relation to access to/use of transport modes for persons with disabilities. The decree contains measures requiring the necessary steps to be taken, within a precise time frame, to facilitate and guarantee standards of accessibility and non-discrimination in the utilisation of the different modes of transport by persons with disabilities.
Royal Decree Nr 1612 of 7 December 2007 Establishes an accessible voting procedure facilitating exercise of the right to vote by visually impaired persons; Page | 57
Law Nr 49 of 26 December 2007 Sets outs the mechanisms for the Arbitral System has been created to resolve complaints and claims, which prevents becoming involved in other longer and expensive procedures, such as action taken under administrative law. It also establishes a system of infractions and sanctions to obtain equal opportunities, nondiscrimination and universal accessibility of people with disabilities has been passed to keep watch over the degree of fulfilment and efficiency of what has been set forth in both the LIONDAU and in the development of these regulations. It regulates sanctioning measures, in the event of acts that involve direct or indirect discrimination due to reasons of disability Royal Decree Nr 505 of 20 April 2007 This sets forth the basic conditions of accessibility and non-discrimination of people with disabilities for accessing and using developed public spaces and buildings. It guarantees everyone to independently and safely use them so that there are equal opportunities and non199 discrimination for people with disabilities 3 May 2008 International Convention on Human Rights of People with Disabilities. The evolution in the treatment of disability towards a social model had occurred through the passing and the coming of the 2008 Convention. 10 July 2009 Creation of an inter-ministerial work group to draw up an integral study of Spanish law with the objective of adapting it to the Conventionâ€&#x;s provisions which was approved by the Council of Ministers on July 10, 2009. Royal Decree Nr 1855 of 4 December 2009 Which modified the regulation of the National Disabilities Council, designate it as the body of reference for the promotion and monitoring of international legal instruments in matters of the human rights of persons with disabilities, and in particular the implementation of the UNCRPD. Also created the Commission on Integral Policies on Disabilities was created in the Congress of Deputies. Relating to Article 31 of Convention. In Spain, the National Statistics Institute (INE in its Spanish initials) has been carrying out a macro survey on disabilities since 1986. The updated edition of this survey was published in 2008, under the title: Encuesta sobre Discapacidades, AutonomĂa personal y Situaciones de Dependencia24 (Survey on Disabilities, Personal Autonomy and Dependent Situations). Awareness-raising A number of measures aimed at fostering awareness in society regarding persons with disabilities have been in place in Spain for some time. The First National Accessibility Plan 2004-2010 which is connected with article 9 of Convention. One of its themes is awareness-raising and training in the fields of accessibility and design for all among the general public, and in particular among Page | 58
entrepreneurs, public officials and professionals who influence the design and management of accessible environments and systems. Sweden Swedish Code of Statutes (SFS 2008:567) Discrimination Act of June 2008 The purpose of this act is to combat discrimination and to promote equal rights and opportunities regardless of (amongst others) disability Direct discrimination is when someone is disadvantaged by being treated less favourably than someone else is treated or would have been treated in a comparable situation, if this disadvantaging is associated with (amongst others) disability Indirect discrimination is when someone is disadvantaged by the application of a provision, criterion or procedure that appears neutral but that may put people of (amongst others) a certain disability at a particular disadvantage unless these criterion, procedure or provision have a legitimate purpose and the means used are appropriate and necessary to achieve that purpose Harassment is conduct that violates a person‟s dignity and which is associated with (amongst others) disability Disability is permanent physical, mental or intellectual limitation of a person‟s functional capacity that as a consequence of injury or illness existed at birth has arisen since then or can be expected to arise An employer may not discriminate against a person who, with respect to the employer is: an employee enquiring about or applying for work applying for or carrying out a traineeship available to perform work or is performing work as a temporary or borrowed labour The prohibition of discrimination also applies in cases: where the employer, by taking reasonable support and adaptation measures, can see to it that an employee, job applicant or a trainee with a disability is put in a comparable situation to people without such a disability: where an education provider, by taking reasonable measures regarding the accessibility and usability of the premises, can see to it that a person with a disability who is applying or has been accepted for education under the Higher Education Act (1992:1434) or for education that can lead to a qualification under the Act concerning authority to award certain qualifications is put in a comparable situation to people without a disability
An education provider is:
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to conduct goal-oriented work to actively promote equal rights and opportunities for children, pupils or students participating in or applying for activities regardless of (amongst others) disability ď‚ˇ to take measures to prevent any child, pupil or student participating in or applying for activities from being harassed in association with (amongst others) disability ď‚ˇ to draw up a plan each year containing an overview of the measures needed to: i. promote equal rights and opportunities for the children, pupils or students participating in or applying for the activities regardless of (amongst others) disability ii. Prevent and hinder harassment Special needs school for pupils with learning disabilities or special schools for children with disabilities are exempt from the prohibition United Kingdom of Great Britain and Northern Ireland In September 2011 at the fourth conference on the State Parties to the Convention on the Rights of Persons with Disabilities, Mr. Stephen Thrower who is the head of UN and International Team for the UK made a statement which stated the UK was currently preparing its first periodic report to the United Nations Committee and the report would be submitted to the Committee later on this year. The UK is committed to the Convention as an important and necessary statement of the rights that all disabled people have and must be able to exercise if they are to live independent lives as full and equal members of society. The UK is committed is committed to removing the barriers that disabled people face, and to the achievement of disability equality. The Disability Discrimination Act 1995 (DDA) was the original piece of legislation which recognised the rights of disabled people but recently it has been strengthened and improved through the Disability Discrimination Act 2005 (DDA 2005) which aims to provide disabled people with a comprehensive set of enforceable rights in areas such as employment, education, access to goods, services and housing, transport and functions of public bodies. The Act of 2005 also introduced the Disability Equality Duty which places a positive duty on all public bodies to consider the impact of their policies on disabled people. The Representation of the People Act 2000 (RPA) This Act was written to provide help to be given to disabled voters. The Act gives disabled electors the right to vote with the help of a companion, a right which was previously only given to visually impaired voters. The RPA of 2000 Act provides for large print display versions of ballot papers to be displayed inside the polling station in order to help blind and partially sighted voters to cast their votes unaided. The Mental Capacity Act 2005 (MCA) The MCA provides a clear legal framework to empower and protect people who lack capacity to make certain decisions for them. It promotes best practice in supporting Page | 60
people who may lack capacity as well as providing guidance to those who care for them, and provides protection and support for those affected by mental capacity issues. The MCA 2005 led the establishment of the Office of the Public Guardian and the creation of the Public Guardian Board to scrutinise and review the way in which the Public Guardian discharges functions. The UK signed the Convention in 2007 and ratified it in June 2009. The Optional Protocol was both signed and ratified in 2009. Prison Service Order 2855 Prisoners with Disabilities of 2008 The Order of 2855 states that prisoners should receive information in a range of alternative formats and this includes the use of British Sign Language interpreter when appropriate. Currently there arenâ€&#x;t any widespread policies on counselling but each prisonerâ€&#x;s needs are assessed on an individual basis and some will be referred for one to one work or to the Mental Health in Reach team. Although not all prisons can be accessible to all disabled persons, the aim of the act is to be able to accommodate every prisoner in the appropriate security category in the right accommodation and with access to the regime and interventions they require. All new builds and refurbishments are required to be accessible and other premises are adapted to improve accessibility. Welfare Reform Act of 2009 Right to Control- providing persons with disabilities the power to make informed decisions about how to use money available to them (enabling them to choose how they receive support). The outcome is to enhance the right of persons with disabilities to control their lives. The European Union The European Community is faced with an unprecedented demographic upheaval which will have major repercussions on society as a whole. At European level, the Institutions help the Member States to create a society that is accessible to all by strengthening cooperation with and between them and promoting the collection, exchange and processing of comparable data, statistics and good practice. One of the any instruments implemented by the European Union in terms of peopleâ€&#x;s rights is the Charter of Fundamental Rights. The Charter recognises a range of personal, civil, political, economic and social rights of EU citizens and residents, enshrining them into EU law. In June 1999, the Cologne European Council concluded that the fundamental rights applicable at European Union (EU) level should be consolidated in a charter to give them greater visibility. The heads of state/government aspired to include in the charter the general principles set out in the 1950 European Convention on Human Rights and those derived from the constitutional traditions common to EU countries. The Charter of Fundamental Rights contains a preamble and 54 Articles, grouped in seven chapters The European Union is a member of the United Nations Convention which is intended to guarantee respect for the rights and freedoms of persons with disabilities. The Convention also aims to ensure their social welfare and legal protection; Page | 61
In terms of access to justice, the European Community does not have competence in this area; the Member States remain responsible for the procedural law and therefore ensuring access for persons with disabilities to justice. However, pursuant to Article 300.7 of the Treaty establishing the European Community, once concluded the UN Convention will be binding on the European institutions. Therefore the procedures in order to guarantee effective access to the European Court of Justice will need to be screened.
Communication of the Commission of 30 July 1996 - on equality of opportunity for people with disabilities: A New European Community Disability Strategy [COM (96) 406] Resolution of the Council and of the Representatives of the Governments of the Member States meeting within the Council of 20 December 1996 on equality of opportunity for people with disabilities [Official Journal C 12 of 13.01.1997] The aim of the two texts is to promote equal opportunities for people with disabilities by incorporating disability issues into Community policies and to consolidate cooperation between Member States in preventing all forms of discrimination on grounds of disability.
Directive Nr 5 of 9 March 1999/ EC of the European Parliament and of the Council Directive on radio equipment and telecommunications terminal equipment and the mutual recognition of their conformity. Directives Nr 43 and 78 of 2000/ EC The European Union adopted these two directives which prohibit direct and indirect discrimination on grounds of racial or ethnic origin, religion or belief, disability, age and sexual orientation. These texts contain precise definitions of direct and indirect discrimination and of harassment which establishes a general framework for equal treatment in employment and occupation. Communication from the Commission to the Council and the European Parliament, the European Economic and Social Committee and the Committee of the Regions of the 12 May 2000 â€œTowards an open Europe without obstacles for disabled personsâ€? [COM Nr 284] An estimated 37 millions people within the European Union suffer from at least one form of disability (physical, mental, hearing, speech and sight.) their social lives are limited by different obstacles varying from accessibility to transport, support, education and training. It is necessary to delete any existing obstacles by legislatives arrangements, development, universal rules of design and other methods. The improvement to access for disabled persons has positive consequences on the quality of professional life, protection of the consumer and competition of businesses. Page | 62
Directive Nr 85 of 20 November 2001 / EC of the European Parliament and the Council Relates to special provisions for vehicles used for the carriage of passengers comprising more than eight seats in addition to the driverâ€&#x;s seat, amending Directives 70/156/EEC and 97/27/EC (OJ L 125, 13.2.2002, p.1) The Commission is also working on legislative proposal in maritime transport and for busses and coaches. Directive Nr 21 of 7 March 2002/ EC of the European Parliament and of the Council Directive on a common regulatory framework for electronic communications networks and services (Framework Directive). Directive N r 22 of 7 March 2002/ EC of the European Parliament and of the Council Directive on universal service and users' rights relating to electronic communications networks and services (Universal Service Directive). Accessibility is one of the pillars of the European Disability Action plan. Since 2003 actions have been under taken in the area of built environment, transport and new technologies including the web. EU Disability Action Plan 2003-2010, by means of mainstreaming the principles of non-discrimination and accessibility in all the EU policies, has contributed to raise the issue at European level of access to quality care and community-based services for people with disabilities. The Disability High Level Group on 12 October 2007 issued a position paper on quality of Social Services of General Interest. The position paper provides an understanding of what quality of these services means and describes a practical quality framework at EU level, based on human rights and total quality management. Communication from the Commission to the Council and the European Parliament of 24 January 2003 "Towards a United Nations legally binding instrument to promote and protect the rights and dignity of persons with disabilities" [COM Nr 16] In this communication, the European Commission expresses its support for the adoption of a legally binding instrument to promote and protect the rights and dignity of persons with disabilities. The Commission announces its intention to participate actively in the preparation of this instrument. This is to promotion and protection of the rights and dignity of persons with disabilities at international level. Commission Communication of 30 October 2003 - Equal opportunities for people with disabilities: a European Action Plan [COM Nr 650.]
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The proposed action plan covering the period from 2004 to 2010 seeks to set out a sustainable and operational approach to disability issues in the enlarged Europe. It has three central objectives: To implement fully the Directive on equal treatment in employment and occupation; To reinforce mainstreaming of disability issues in the relevant Community policies; To improve accessibility for all. Equal Opportunities for People with Disabilities: An European Action Plan (20042010) European Year of People with Disabilities 2003 The main purpose of the Year was to drive forward the political agenda for full integration of people with disabilities as set out in 2001 in the Communication from the Commission entitled "Towards a barrier-free Europe for people with disabilities". Building on the momentum created and the results achieved in 2003 by the "European Year of People with Disabilities", the Commission plans to introduce a multiannual action plan through to 2010, aimed at mainstreaming disability issues in the relevant Community policies and implementing specific measures in key areas with a view to enhancing the economic and social integration of people with disabilities. Directive Nr 18 of 31 March 2004/ EC of the European Parliament and of the Council Regulation on the coordination of procedures for the award of public works contracts, public supply contracts and public service contracts. Green Paper of 28 May 2004 – Equality and Non-Discrimination in an enlarged European Union. This takes account of the comments and reactions submitted by national authorities, specialised equal-opportunities bodies, non-governmental organisations, regional and local authorities, the social partners, experts, and individual members of the public. Communication from the Commission to the Council, the European Parliament, the European Economic and Social Committee and the Committee of the Regions of 1 June 2005 – Non-Discrimination and Equal Opportunities for All - A Framework Strategy [COM Nr 224 – Official Journal C 236 of 24 September 2005.] To ensure effective legal protection against discrimination General Regulation Nr 1083 of 2006 on the European Regional development Fund, the European Social Fund and the Cohesion Fund This places emphasis on addressing the issue of accessibility in its Article 16 "The Member States and the Commission shall take appropriate steps to prevent any discrimination on the basis of gender, race or ethnic origin, religion or belief, disability, age or sexual orientation during the various stages of implementing the Funds and, in particular, access to them. Accessibility for disabled persons shall be Page | 64
one of the criteria to be observed in defining operations co-financed by the Funds and to be taken into account during the various stages of implementation". The Commission has made a toolkit for using EU Structural and Cohesion. Regulation Nr 1083 of 2006/ EU This regulation addresses partnerships, non-discrimination and accessibility to funds, this focuses on accessibility which is written in Article 9 of the UNCRPD. Regulation Nr 1107 of 2006/ EC This regulation addresses the rights if persons with disabilities and persons with reduced mobility when travelling by air; it also focuses on accessibility which is written in Article 9 of the UNCRPD, Regulation Nr 1371 of 23 October 2007/ EC of the European Parliament and of the Council Regulation on rail passengers‟ rights and obligations OJ L 315, 3.12.2007, p. 14–41 Directive Nr 65 of 11 December 2007/ EC of the European Parliament and of the Council amending Council Directive 89/552/EEC Directive on the coordination of certain provisions lay down by law, regulation or administrative action in Member States concerning the pursuit of television broadcasting activities. Commission Decision Nr 164 of 21 December 2007- 2008/ EC Concerns the technical specification of interoperability relating to persons with reduced mobility in the transEuropean conventional and high-speed rail system (notified under document C (2007) 6633), OJ L 64, 7.3.2008, p. 72–207 Communication from the Commission to the European Parliament, the Council, the European Economic and Social Committee and the Committee of the Regions of 2 July 2008 – Non-discrimination and equal opportunities: A renewed commitment [COM Nr 420.] With this Communication, the Commission is providing a comprehensive approach through which its commitment to further non-discrimination and equal opportunities in the EU is renewed. This includes finalising the existing legal framework on antidiscrimination, promoting dialogue on non-discrimination policy and strengthening the existing policy tools to fight discrimination and promote equal opportunities. Council Decision Nr 48 of 26 November 2009- 2010/ EC The Council of the European Union adopted the Decision concerning the conclusion, by the European Union of the UNCRPD. It designates the European Commission as a Page | 65
focal point, both vis-à-vis Member States to the extent of its competence as well as to the institutions of the Union. On the 2 December 2010, the Council adopted the Code of Conduct, which further specifies internal arrangements for the implementation and the representation of the EU. European Disability Strategy (2010-2020) The new European Strategy for people with disabilities aims at improving their social inclusion, their wellbeing and enabling them to fully exercise their rights. To this end, the Strategy provides for complementary action at European and national levels. Communication from the Commission to the European Parliament, the Council, the European Economic and Social Committee and the Committee of the Regions of 15 November 2010 – European Disability Strategy 2010-2020: A Renewed Commitment to a Barrier-Free Europe. The Commission presents a strategy to increase the participation of people with disabilities in society and the economy, and enable them to fully exercise their rights. The strategy is based on the effective implementation of the United Nations Convention on the Rights of Persons with Disabilities. Furthermore, the Commission's action forms part of the Europe 2020 Strategy, and is based on the provisions of the European Charter of Fundamental Rights and of the Lisbon Treaty. In order to foster the inclusion of people with disabilities, the Commission has identified eight areas for joint action between the EU and Member States. The areas were identified following an analysis of the results of the EU Disability Action Plan (2003-2010) and consultations carried out in Member States Put in place a general framework to ensure equal treatment of individuals in the European Union, regardless of their religion or belief, disability, age or sexual orientation, as regards access to employment or occupation and membership of certain organisations. Bibliography/References
The official website of the U.N Convention on the Rights of Persons with Disabilities. www.un.org/disabilities/ convention UN convention on the rights of persons with disabilities http://www.un.org/disabilities/convention/conventionfull.shtml Committee on the Rights of Persons with Disabilities http://www.ohchr.org/EN/HRBodies/CRPD/Pages/CRPDIndex.aspx http://www.ohchr.org/EN/HRBodies/CRPD/Pages/Sessions.aspx European health strategy http://europa.eu/legislation_summaries/public_health/european_health_strategy/inde x_en.htm
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Equal treatment in employment and occupation http://europa.eu/legislation_summaries/employment_and_social_policy/disabi lity_and_old_age/c10823_en.htm
European Year of People with Disabilities 2003 http://europa.eu/legislation_summaries/employment_and_social_policy/disability_an d_old_age/c11413_en.htm Vers une Europe sans entraves pour les personnes handicapées http://europa.eu/legislation_summaries/employment_and_social_policy/disability_an d_old_age/c11415_fr.htm Towards a barrier free Europe for people with disabilities http://europa.eu/legislation_summaries/employment_and_social_policy/disability_an d_old_age/c11415_en.htm
Promotion and protection of the rights and dignity of persons with disabilities at international level http://europa.eu/legislation_summaries/employment_and_social_policy/disability_an d_old_age/c11911_en.htm
Equal opportunities for people with disabilities: a European action plan (20042010) http://europa.eu/legislation_summaries/employment_and_social_policy/disability_an d_old_age/c11414_en.htm Charter of Fundamental Rights http://europa.eu/legislation_summaries/employment_and_social_policy/antidiscrimin ation_relations_with_civil_society/l33501_en.htm
Protection at international level of the rights and freedoms of persons with disabilities http://europa.eu/legislation_summaries/employment_and_social_policy/disability_an d_old_age/em0029_en.htm European Disability Strategy (2010-2020) http://europa.eu/legislation_summaries/employment_and_social_policy/disability_an d_old_age/em0047_en.htm Social measures for target groups: disability and old age http://europa.eu/legislation_summaries/employment_and_social_policy/disability_an d_old_age/index_en.htm Labor Law http://pravo.org.mk/documentDetail.php?id=285&gid=79&tid=1&page+documenrl aws.php
Law on child protection
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http://pravo.org.mk/documentDetail.php?id=11&gid=91&tid=1&page=documentla ws.php The Constitutional Court examined the constitutionality of a legal provision regulating work of students working on a temporary basic stated that preferential treatment for certain groups (the disabled, women and juveniles) can be justified. www.concourt.sk/rozhod.do?urlpage=dokument&id_spisi=14853 A framework strategy for non-discrimination and equal opportunities for all. http://europa.eu/legislation_summaries/human_rights/fundamental_rights_within_eur opean_union/c10313_en.htm Compilation of national legislative measures undertaken for the implementation of the Convention on the Rights of Persons with Disabilities, September 2009. http://www.un.org/disabilities/documents/COP/compilation_1september.pdf
Compilation of legislative measures undertaken in the implementation of the Convention on the Rights of Persons with Disabilities: 2011 Update (CRPD/CSP/2011/CRP.5) http://www.un.org/disabilities/default.asp?id=1571
Second disability high level group report on implementation of the UN Convention on the rights of persons with disabilities June 2009. ec.europa.eu/social/BlobServlet?docId=2790&langId=en
Fourth disability high level group on the implementation of the UN Convention on the rights of persons with disabilities May 2011. ec.europa.eu/social/BlobServlet?docId=6851&langId=en
European Commission Justice, Isabelle Chopin and Thien Uyen Do (2010). Developing Anti-discrimination Law in Europe. Luxembourg: Publications Office of the European Union. Page 103-123.
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