Projet ORA (Orienter Autrement)
ORA synthetic grid of systems and services in guidance process offered to people with disabilities
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This project has been funded with support from the European Commission. This publication reflects the views only of the author, and the Commission cannot be held responsible for any use which may be made of the information contained therein.
ORA Project Work Package 3 Result 7: Synthetic grid summarizing all territorial results
ORA synthetic grid of systems and services in guidance process offered to people with disabilities
Summary Introduction........................................................................................................................ 2 1. The legislative context.................................................................................................. 3 2. Recognition of disability and status on the labour market of people with disabilities ........................................................................................................................... 4 3. The obligation to provide employment to people with disability ......................... 5 5. Weaknesses / strengths in the active guidance process of people with disabilities ........................................................................................................................... 9
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ORA Project Work Package 3 Result 7: Synthetic grid summarizing all territorial results
Introduction In a society in which economic mechanisms are based on principles of competition economy, the prosperity of a family depends, first of all, on the hiring of its members in economic activities that bring revenue.
A special
category of family is the one where a member is a disabled person. These families have economic problems worsen by the difficulties that the disabled person encounters in the field of labour. In this context, ORA project aims to improve the guidance process of people with disabilities favouring their full participation and making the available guidance services more visible and more professional. In the framework of the work package 3 (WP3), the ORA project proposed implementation of a territorial diagnosis in network of the guidance process of people with disabilities (PWD). In this sense, the partners of ORA project have been running a research task for six months, activity that aimed to highlight activities of the six partner organizations from the four European countries: PODKREPA – national territory (Bulgaria); UBS – departmental territory – Morbihan department (France); EWETA – regional territory – Wallonia region (Belgium); UPG – national territory (Romania); APF and APEI – regional territory - Nord-Pasde-Calais region (France). The research works have been supported by the seventh partner, PLS (Belgium), in charge of the ORA project coordination. The research is a descriptive one, with the following goals: comparative analysis of legislative contexts specific to the partner countries (taken as samples); identification and description of the professional structures that perform tasks in the guidance/inclusion/training field and employment of people with disabilities.
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The approach of investigation had as support five core elements: the existing legislation in terms of disability recognition and of the status on the labour market of people with disabilities; a mapping of the training/ inclusion/ employment structures of people in situation of handicap that exist in each partner country; a mapping of the staff involved and of their specific activities; weaknesses and strengths in the active guidance process of PWD.
1. The legislative context The concern for educating and professional training of PWD, with the aim of ensuring the equality of chances in order to actively participate in the social life of these people, as well as increasing the level of social and professional inclusion of this category of people is proven by numerous legislative documents which have a national character. The synthesis of the main law from each country is presented in the table below:
LEGISLATIVE CONTEXT
The integration of disabled persons law, 2004 : This law provides conditions and pledges for social inclusion of PWD
BULGARIA
Integration instruments implemented: education and professional training, socio-economic protection, accessibility.
The Law 75-534 of 30 June 1975: access of persons with disabilities in institutions open to general public and maintenance, as far as possible, in a normal frame of work and life.
FRANCE
2002: The law witch updates the law of 1975 for the implementation of the right to compensation.
The Law of 11 February 2005: professional integration of PWD becomes an element of their citizenship and the professional project becomes an
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integral part of life project. This law requires the institutions to implement and
support
“the
access
to
knowledge
maintenance
actions,
maintenance of knowledge from school and professional training, as well as access educative actions to autonomy and involvement in social life, in the benefit of people with disabilities.” BELGIUM
Regional law of 1995: the creation of Walloon Agency for the integration of people with disabilities. The recognition of the handicap, employment and housing.
Constitution: protection of PWD Social protection, equality of chances in order to participate to social life.
ROMANIA
Law 53 of 1992 : special protection of PWD
Law 57 of1992 : employment of PWD
2. Recognition of disability and status on the labour market of people with disabilities Traditionally, the disability was identified with the incapacity. A correct interpretation of people with disabilities’ rights cannot skip their potential, including their potential for work. Therefore, any social policy which pretends to be democratic and humanist must treat disability as an individual situation, as an overview of limitations and endowments. In each country there are structures which certify the type and degree of disability, summed up in the following table:
RECOGNITION OF DISABILITY AND STATUS OF PWD BULGARIA
The evaluation is realized by a special medical commission which
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functions within the Ministry of health. MDPH (Maison Départementale des Personnes Handicapées- Regional House of People with Disabilities) and especially, CDAPH (Commission FRANCE
des Droits et Autonomie des Personnes Handicapées- Rights and Autonomy Commission of People with Disabilities) distribute the disability certificate and recognize the quality of workers with disabilities. A person with disabilities is the one whose employment possibilities are
BELGIUM
effectively reduced as a result of an insufficiency or a reduction of at least 30 % of his physical ability or at least 20% of his mental ability. The evaluation is carried out by a multidisciplinary regional office. Medical expertise committees acting within the General Directorate for
ROMANIA
social assistance and child protection (DGASPC) are those which recognize the existence of a type/degree of disability by issuing a certificate which proves the status of the disabled person.
3. The obligation to provide employment to people with disability In the context of certain structural changes occurred to the level of European economy, people with disabilities suffer from a combination of disadvantages in the labour market and the real chances of employment of such persons are limited. Although people with disabilities represent one-sixth of the total European population in working age, the employment rate is by comparison very low and the unemployment is double compared with the one registered for the other categories of the active population. The new European policies in the area of social protection of WPD aim at increasing the degree of professional inclusion by introducing the obligation of
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employers to hire these persons. In a concrete and synthetic manner, the legislation of the partner countries stipulates the following:
The Obligation to hire people in situation of handicap The article 315 form Labour Code: BULGARIA
The companies having more than 50 employees are obliged to hire people with reduced working capacity – respectively from 4 to 10% of the total number of employees, depending on their economic activity. All the employers, public or private, having at least 20 employees are obliged to
FRANCE
hire at least 6% workers with disabilities. There are financial penalties for the companies which do not respect their employment obligation.
BELGIUM
There is no employment obligation, even if there is a law (no obligation for its implementation, therefore no penalties). The companies with more than 250 employees must hire at least 3% PWD.
ROMANIA
Companies which refuse to hire PWD must pay to the risk and accidents Fund the amounts for the persons not covered by the gross minimum wage per country in each month.
We can see, on the one hand, that the percentage in terms of hiring is different from one country to another; on the other hand, the refusal of employers to hire PWD is sanctioned by financial penalties which grow the State budget without solving the professional inclusion problem of PWD.
4. Existing structures for training / professional inclusion and employment of people with disabilities, staff involved and their specific activities
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If, for a long period of time, the difficulties encountered by the persons with disabilities have been ignored, we are witnessing how greater attention is being paid to this category of people nowadays. Numerous institutions, both from the public and private system, are developing today guidance/ inclusion/ employment activities for people in situation of handicap. The table below summarizes the institutions which provide such services:
STRUCTURES FOR TRAINING / PROFESSIONAL INCLUSION AND EMPLOYMENT OF PWD
The Governmental Social Assistance Agency: guidance process by the social assistants, vocational training and professional reintegration programmes.
Governmental Agency for People with disabilities: technical assistance, an Internet site providing the necessary information, the special evidence register of the companies employing persons in situation of handicap.
BULGARIA
National Social Rehabilitation Centre: provides help for the social inclusion, technical equipment aiming greater mobility, legal assistance, I.T. training, socio-cultural activities.
Union of Disabled People from Bulgaria (NGO): defends the rights, protects the interest and the needs of disabled people beside the Bulgarian Government.
The Regional House of the Persons with disabilities (MDPH): the only place for the reception and the information. Implementing the life plan, guiding people with disabilities (usual environment, protected environment, designating institutions), assigning
FRANCE
compensation supplies, issuing TH status.
AGEFIPH and FIPHFP: organisations collecting contributions paid by private and public employers who fail in their hiring obligation: funding aid and actions of maintaining jobs.
Cap Emploi: Aid for seeking jobs for recognized persons with disabilities: Page 7 out of 10
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specialized placement organizations, skills balance.
ESAT and EA (protected and appropriate environment): Professional activities, employment, health and social attendance according to the life plan.
Training organizations: Internships of vocational rehabilitation (CRP), qualifications of those applying for a job and employees.
FOREM (Employment and training Walloon public service) Integration
agents,
input,
monitoring
and
commissioning
work
accountability. Determining profile and capacity, based on employment, possible BELGIUM
development plan.
Regional assignments for employees. Employers and trade unions. Work reinstatement.
Training centres.
General Directorate for PWD Protection (Ministry of Labour) Coordination of special activities and PSH rights.
National Organisation for PWD in Romania.
Federation of NGOs for PWD and other development programmes aiming equal opportunities, integration and social inclusion.
ROMANIA
The League for the Promotion and Defence of PWD: awareness campaigns that emphasize of their rights and legal support Non-formal learning activities and social activities
Motivation Foundation from Romania: PSH social integration, change of attitude of community members with and without disabilities.
H Foundation: distance learning for PWD, ensuring equal opportunities in education and training of PWD and specialists who work with these people.
The success of activities of guidance and socio-professional integration of PWD requires a large number of specialists from different fields: vocational guidance
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counsellors, psychologists, social workers, professionals in education and training, medical and paramedical staff and lawyers.
5. Weaknesses / strengths in the active guidance process of people with disabilities Socio-professional integration of PWD is difficult due to a series of obstacles that can be grouped as follows:
Individual obstacles – low self-esteem, negativist attitude, deficit of information regarding rights of PWD, low level of education and qualification, low opportunities of vocational retraining.
Socio-economic obstacles – stereotypes, prejudices; social policies focused on reducing poverty and not on integration measures; lack of information and education of employees regarding opportunities for PWD, but also the attitude that an employer should have towards PWD and their rights; global economic crisis and reduced employment opportunities of PWD.
Institutional obstacles – insufficient staff and sometimes poorly trained, low collaboration between specialists, inadequate material resources for the PWD needs, lack of programmes for the determination of individual potential; inability to provide adequate instruction, insufficient guidance services in order to find a suitable job. However, we also identify some positive aspects, strengths that give confidence and relate to socio-professional integration of PSH, as follows:
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Creation of active associative networks;
Existence of a legal framework that recognizes the access to employment as a prerequisite for social integration and for the achievement of autonomy by PWD;
Employers’ obligation to hire PWD.
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