*1[With some comments of György Könczei (professor at BUES and Minist. Chief Adv.). A general comment: a lot of significant investigations has been made in Hungary by people with disabilities, their interest groups, pressure groups, organisations and professionals, professional organisations, the Ministry of Welfare (namely the Minister: Mihaly Kökeny MD) in order to create this law. New proposals has been made year by year since 1991.The Regulation conception - also available in English - was made in July 1997 in the Ministry of Welfare. However , the last important step has been , taken by two members of Parliament: Ms. Gabriella Beki MP and Mr. György Szigeti MP dr. iur . They' presented the codified version that was made in Ministry of Welfare in the Parliament of Hungary in February 1998.]
*2[The act was passed by Parliament at its session -last day- on 16 March 1998. (The votes: 309 for, 0 against, 0 abstentions).]
Persons living with disability are members of society with equal dignity and equal standing who are able to exercise the rights and opportunities to which all are entitled only with considerable difficulties or not at all. In the interest of easing the disadvantages of persons living with disability , to lay the foundations for their equality of opportunity and to shape the attitude of society, Parliament - in harmony with the Constitution and the generally recognised rules of international law - adopts the following act:
The aim of the act
The aim of this act is to define the rights of persons living with disability and the instruments for the exercise of these rights, further to regulate the complex rehabilitation to be provided for persons living with disability , and as a result of all these, to ensure equality of opportunity, independent living and active participation in the life of society for persons living with disability .
(I) The state, the organisations of society and their members, must carry out their activity in such a way that it cannot cause damage leading to the development of disability, and they must create conditions in which persons living with disability are able to live a fuller life and the burdens arising from their disability can be eased.
(2) In the course of behaviour and activity related to persons living with disability action must be taken in such a way that it prevents deterioration of the state of disability and eases its consequences.
(3) In the course of planning and decision-making processes the special needs of persons living with disability must be given particular attention and it must be taken into account that persons living with disability are able to take advantage of the possibilities available to all only if special solutions are applied.
(4) In the course of decisions affecting persons living with disability it must be taken into account that persons living with disability are equal members of society and the local community and for this reason the conditions enabling them to participate in the life of society must be created.
(5) The state must provide for the respect of the rights of persons living with disability, and for the operation of a system of institutions compensating the disadvantages of persons living with disability, in harmony with the possibilities of the national economy at the given time.
Due to their condition, persons living with disability are less able to exercise the rights to which they are entitled in the same way as everyone else and it is therefore justified that they should be given priority in every possible way.
F or the purposes of application of this act:
a) person living with disability: anyone who is to a significant extent or entirely not in possession of sensory - particularly sight, hearing - locomotor or intellectual functions, or who is substantially restricted in communication and is thereby placed at a permanent disadvantage regarding active participation in the life of society;
b) rehabilitation: a process realised in the health care, mental hygiene, education, training, retraining, employment and social welfare systems, aimed at developing or maintaining the level of capability of the person living with disability for participation in the life of society, and at promoting independent living;
c) aid: means serving to partially or fully make up for the partial or full lack of physical or sensory capability in persons living with disability; 3
d) supporting service: service aimed at promoting independent living for persons living with disability, at meeting their everyday needs and realised through personal participation; e) residential home: form of residence for a small community, promoting independent living for persons living with disability .
Rights to which persons living with disability are entitled
(1) The person living with disability has the right to a man-made environment that presents no obstacles, can be perceived and is safe.
(2) The right set out in paragraph (1) above applies particularly to possibilities for orientation traffic and the man-made environment.
(1) Persons living with disability, their family members and helpers must be ensured the possibility of access to inforn1ation of public interest, as well as to information related to the rights to which the disabled are entitled and the services provided for them.
(2) Information is accessible if the person living with disability can perceive it and if it ensures for him or her the possibility of appropriate interpretation.
The conditions for mutual information must be made possible when persons substantially impeded in communication make use of the public services.
The transport systems, further the means of public transport and passenger traffic facilities including signals and information installations must be made suitable for safe use by persons living with disability.
Mobility for persons substantially impeded in transport may also be ensured-by operating a network providing transport, from the place of departure to the destination.
Provisions must be made for the creation of parking spaces of suitable number and size in public parking areas for the use of persons with disability impeded in transport, in keeping with the separate regulation.
Supporting service, aids
Use of the supporting service appropriate to the needs justified by the disability, and aids must be provided for persons living with disability. A separate regulation shall determine the range of aids-obtainable at subsidised price, the manner and extent of support.
Target areas for the equalisation of opportunities
(1) In the course of providing health care for persons living with disability - in harmony with Act CLIV of 1997 - the needs arising from their disability must be taken into account.
(2) Persons living with disability must be provided - in conjunction with the disability -with regular and efficacious health care needed for the improvement of their condition and to prevent the deterioration of their condition. Persons caring for persons living with disability must be ensured the possibility of special training and further training.
(3) In the course of health care for persons living with disability, efforts must be made to ensure that the care promotes rehabilitation and social integration and does not strengthen the sense of illness.
(1) It is the right of the person living with disability to take part in early development and care corresponding to his or her condition and depending on age, to kindergarten training, school training and education and development preparation for such education, in keeping with the provisions of the act on public education.
(2) If it is advantageous for development of the capabilities of the person living with disability - in keeping with the opinion of the expert and rehabilitation committee set up for this purpose - the person living with disability shall take part in kindergarten training and school education together with other children and pupils, in the same kindergarten group or school class.
The kindergarten and school providing the kindergarten training and school training and education of a child living with disability shall be chosen by the parent on the basis of the opinion of the expert and rehabilitation committee.
(1) Person living with disability are entitled to integrated employment or, in the absence of such employment, to sheltered employment.
(2) The employer providing employment must ensure the workplace environment to the extent required to perform the work, in particular ensuring the suitable modification of tools and equipment. Applications can be made to the central budget for support to cover the costs of such modifications.
If employment of the person living with disability cannot be ensured within the frame of integrated employment, as far as possible the right to work must be ensured for him or her through the operation of special workplaces. The central budget extends normative support to such sheltered workplaces.
Place of residence
Persons living with disability have the right to choose a form of residence - family home. residential home, institution - corresponding to their disability and personal circumstances.
(1) It must be made possible for persons living with disability to visit educational, cultural, sports and other community facilities.
(2) The use of sports and leisure facilities m~ be made accessible to persons living with disability in order to create the possibility for participation in sports.
(3) Leisure and mass sports for persons living with disability are supported by the Miklos Wesselenyi National Youth and Leisure Sport Public Foundation and competitive and elite Sport by the Aladar Gerevich National Sport Public Foundation.
Chapter IV Rehabilitation
The right to rehabilitation
Persons living with disability have the right to rehabilitation. The exercise of this right is ensured by rehabilitation services and care.
The Government shall set up a public foundation to carry out the state task set out in Section 21 below. Acts or government regulations may set further tasks for the public foundation.
The rehabilitation service and care
In thc interest of achieving the rehabilitation of persons living with disability , the public foundation shall provide the following services:
a) publication of a system of criteria for the elaboration of drafts for a suitable program corresponding to the existing or developable capabilities of persons living with disability, comprising the regular measurement of the development of capability achieved in the course of the rehabilitation process and making possible the amendment or further development of the rehabilitation program as required;
b) organisation of access to the services and benefits specified in the rehabilitation program;
c) co-operation with the organisations and persons taking part in the process of rehabilitation, monitoring their rehabilitation activity;
d) elaboration of the directions for development of aids and the supply of aids;
e) elaboration of the considerations to be taken into account by the helping services and in creating a network of such services;
f) elaboration of professional-methodological recommendations based on the experiences gained in the rehabilitation process;
g) gathering data and information related to the organisations providing the service and the rehabilitation services they provide, in the interest of informing persons living with disability , their family members and helpers.
The disability support
Persons above the age of 18 years with serious disability are entitled to disability support to cover in part the additional costs arising from the disability, as set out in a separate act.
The monthly sum of the disability support shall be equivalent to 80% of the minimum old-age pension at the given time.
National Disability Affairs Council
(1) The National Disability Affairs Council (hereinafter: Council) shall assist the Government in carrying out its tasks related to disability affairs.
(2) The Council
a) takes initiatives, makes proposals, gives opinions and co-ordinates in decision-making related to persons living with disability ,
b) carries out analysis and evaluation in the process of implementation of decisions.
(3) The Council
a) gives its opinion on draft regulations affecting persons living with disability;
b) makes proposals for decisions, programs and legal regulation affecting persons living with disability;
c) takes part in the coordination of activities affecting the affairs of persons living with disability;
d) regularly informs the Government on trends in the life situation of persons living with disability .
(4) The Council elaborates the National Disability Affairs Program and monitors its implementation.
(1) The members of the Council:
a) deputy state secretaries of the Ministry of the Interior, the Ministry of the Environment and Regional Development, the Ministry of Transport, Communications and Water Management, the Ministry of Culture and Education, the Ministry of Labour , the Ministry of Welfare, the Ministry of Finance;
b) four persons delegated by national organisations representing the interests of the physically disabled, the deaf, the blind and the mentally disabled persons;
c) two persons delegated by the organisations of sheltered workplaces;
d) one person delegated by the federation grouping national bodies representing the interests of local authorities;
e} two persons delegated by non-profit organisations operating in the interest of persons living with disability .
(2) The president of the Council is the minister of welfare.
(3) The Council holds its sessions as required, but at least quarterly.
(4) The Council has a quorum if more than half of the members are present.
(5) The operating costs of the Council must be ensured by the central budget as an item in the budget of the Ministry of Welfare.
National Disability Affairs Program
(1) In the interest of laying the foundations for the measures needed to create equality of opportunity for persons living with disability, Parliament shall draw up a National Disability Affairs Program (hereinafter: Program). The contents of the Program must be taken into account when making decisions in the areas of planning for health, employment, education and transport, in regional development and in other state planning.
(2) The Government shall provide for elaboration of the Program and for submitting it -through the minister of welfare - to Parliament in the form of a draft Parliamentary Resolution.
(3) The Program shall contain the following
a) a presentation of the social situation of the population living with disability;
b) identification of the aims related to rehabilitation;
c) tasks needed to bring about a favourable change in social attitudes affecting persons living with disability;
d) identification of the system of conditions needed for improvement of the quality of life of persons living with disability and their families;
e) plans promoting the active participation in social life of persons living with disability;
f) definition of the justified extent to be attained in transformation of the transport systems (public transport means, passenger traffic facilities ), transport and the man-made environment, and in the target state of special education and special employment, in line with the number of persons living with disability and their socially recognised needs;
g) specification of the necessary means and institutions, and the necessary financial sources for attainment of the goals set.
(4) The Program shall be adopted by Parliament. The Government shall report annually to Parliament on its implementation. Parliament shall re-examine the resolution at least once every four years.
Protection of the rights to which persons living with disability are entitled, responsibility for the tasks arising from the act *3
[This is the non-discrimination paragraph. The para. refers to the Civil Code. The 76 § of the Civil Code prohibits any kind of- negative - discrimination on the ground of sex. race, nationality or religion. (But it does not mention disability, this is why it was necessary to refer to it in the law.)
The 84 § of the Civil Code says that in the case of violation of any individual rights, the aggrieved party may bring the question before the court in order to let the court decided the infringement etc.
Any person suffering an unlawful disadvantage because of his or her disability shall be entitled to all the rights which apply in the case of violation of individual rights.
This act shall enter into force on 1 January 1999, with the provision that legislative provisions related to the disability support must be created by 30 September 1999.
(1) Transport systems, public transport means and passenger traffic facilities - including signals and information installations - already operating at the time of proclamation must be gradually, but by 1 January 2010 at the latest, brought into compliance with the conditions set out in Section 8 above.
(2) The network providing transport regulated in Section 9 of the present act must be built up gradually, but must be completed by 1 January 2010 at the latest.
(3) The objective and staffing conditions for the special education of persons living with disability regulated in Section 13 above must be created gradually, but must be completed by 1 January 2005 at the latest.
(4) The conditions set out in Section 16 above for the employment of persons living with disability in special workplaces must be created gradually, but must be completed by 1 January 2005 at the latest.
(5) Institutions providing long-term residence for persons living with disability must be altered gradually, but by 1 January 2010 at the latest, in such a way that care for persons living with disability capable of independent living with personal help are housed in residential homes for small communities, further that humanised, modernised institutional care must be provided for persons living with serious disability who are in need of such care.
(6) Public buildings already existing at the time of proclamation of this act must be made obstacle-free gradually, but by 1 January 2005 at the latest.
(7) The National Disability Affairs Council shall be set up within three months of the time this act comes into effect.
(8) The Government shall submit the Program to Parliament by 30 April 1999 at the latest.
(I) The Government is authorised to set out the following in a regulation:
a) detailed rules for determining disability;
b) rules for the award and payment of disability support;
c) rules for the operation and financing of special workplaces.
(2) The minister of welfare is authorised to set out in a regulation the professional rules for the establishment and operation of supporting services.
Arpad Göncz, President of the Republic Dr. Zoltan Gal, Chairman of Parliament
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