Regulation Conception
for the Act of the Rights of the Disabled
and Equalisation of their Opportunities

In Hungary there are several hundred thousand disabled persons seriously impeded in social co-existence. They include several tens of thousands with a serious degree of congenital or acquired disability. We meet very few of them in everyday life because they remain in their homes or closed in institutions; for lack of possibilities and alone they cannot even go out on the street. They are blind and are unable to find their bearings; they are mentally handicapped and the society into which they were born does not accept them; they use wheelchairs but are unable to move around with them on the streets and in shops; they are deaf or have serious speech handicaps and are unable to communicate. The fact that in reality the disabled are unable to exercise many of their rights has a far-reaching effect in restricting life possibilities, not only for them, but more widely, for their relatives and families.

Further problems are caused for these people, who already have to cope with exceptional difficulties, by the fact that society discriminates against them in the areas of employment, mass communications, transport, study, health services, sport and rest. In the absence of suitable legal instruments they are incapable of protecting themselves and asserting their interests. Society's only aim concerning them can be to compensate for their disadvantages and so ensure genuine equality of rights for them and contribute to equalising their opportunities.

Equalisation of opportunities means the process whereby the physical and cultural environment, housing, transport, social and health services, education, employment opportunities, entertainment and sport become accessible for the disabled minority.

PART I:
GENERAL PROVISIONS

Aim of the act

According to the Constitution of the Republic of Hungary every citizen has the right to have his human dignity respected, the right, like other citizens, to self-definition, to housing, education, the use of public institutions, to enter employment on the open labour market, to entertainment, culture, communication, health care, security of income, social protection, use of the health services, the exercise of religion, access to the goods and services he needs, and to participation in the preparation of all kinds of decisions affecting him. Disabled citizens are entitled to the same civil and political rights, economic, social and cultural rights as any other citizen. However, in reality in their case these rights cannot be exercised.

The basic condition for the realisation of human rights and citizens' equality of rights (the provision of special, normative conditions for the possibility of exercising rights despite the natural restrictions of rights) is the existence of the conditions for exercise of the rights in the case of individuals and the different social groups.

At the abstract level of human and civil rights this applies exclusively to the naturally objective differences - age, gender, disability, sickness - in the conditions for the exercise of rights. These natural differences are not covered or only partly covered by the legal categories of legal capacity (the personal right to rights and obligations in general) and ability to act (personal legal capacity to exercise the rights and fulfil the obligations). What is involved here is not only and not principally what techniques of representation and guardianship can be used, in cases where there is a permanent or temporary, full or partial lack of the ability to act required to exercise rights, to ensure the exercise of rights to which everyone is entitled on the basis of equality of rights, but also and principally that without the use of special methods and procedures (rights and obligations), exercise of the rights to which everyone is entitled on the basis of equality of rights is naturally impossible for certain social groups having restricted endowments for the exercise of rights.

The right of the disabled person to free access to culture, to education, transport, etc., can only be realised, independently of the fact of the declared equality of rights and the legal capacity and ability to act to which he is entitled, if the society ensures him, as a citizen objectively restricted in the exercise of his rights, the necessary conditions for his special exercise of rights.

If the conditions lifting the objective restriction on the exercise of the rights of this social group do not exist, the principle of equality of rights remains a mere declaration and the seeming equality of rights presents the de facto legal disadvantages as immutable and "in order" from the legal viewpoint. To a considerable extent the legal disadvantages arise from the restricted capacity for the exercise of rights: the possibility and reality for the exercise of rights determined by personal circumstances and endowments which the society can ease or compensate with a ban on negative discrimination and by using instruments of positive discrimination. Without these, the declared civil rights are violated in the case of disabled persons because - due to their life situation - they are naturally restricted in the exercise of certain of their basic civil rights set out in the Constitution.

In the case of social groups naturally restricted in the exercise of their rights (disabled persons, children, ethnic minorities and in a certain sense women), it is not only the sphere of economic and social rights that is involved but the full range of human and civil rights. Provision according to special conditions for the exercise of rights must be based principally on legal instruments.

Due to the above reasons, the unregulated situation of Hungarian citizens living with various types of disability or with multiple disabilities makes it necessary to draft this act. This is in harmony with our obligations undertaken in international agreements and with the requirement of drawing closer to Europe.

Caring for persons living with disabilities and providing services that are accessible for them is the task of the state. The realisation of this must be made the task of the county and local authorities and civil organisations, as far as possible providing increasing funds which can be used only for this purpose.

The act must therefore serve principally the following two aims:

1) It must make the right guaranteed in the Constitution for all Hungarian citizens exercisable for disabled persons! In particular: the right to human dignity (§ 54), to freedom (§ 55), to equality of rights (§ 70/A), to free choice of workplace (§ 70/B), to social security (§ 70/B), to free movement and free choice of place of residence (§ 58), and to culture (§ 70/F).

The methods for this, using instruments of the law, are the following:

• formulation of a ban on discrimination against disabled persons,
  
• making violation of this ban sanctionable,
  
• defining the actual content of the rights,
  
• defining the scope of positive discrimination,
  
• defining the supports in kind (provision of services, provision of aids, range of placement solutions) and for individuals, accessibility procedures, methods,
  
• definition of financial supports serving to equalise opportunities.

The last three points concretely serve the obligation set out in the Constitution that:
"The Republic of Hungary also assists the realisation of equality of rights with measures aimed at eliminating inequality of opportunity" (§ 70/A (3)), while the first three serve the contents of § 70/A (2): the law strictly punishes any form of negative discrimination against persons.

2) Shaping a new attitude in relations with the disabled (and with the "weak" in general) (or codifying and strengthening the changes already appearing in this area) which can be expected to have an influence on other areas too.

The essence is that the disabled person should not be a passive (tolerating) object of support but should be encouraged to strive for active self-sufficiency and social integration.

Basic concepts

Disabled person: anyone who is to a significant extent or entirely not in possession of sensory or locomotor functions or mental capacity or is autistic, or who is multiply disabled through a combination of these, regardless of whether this state is congenital or developed later.

Equalising opportunities (the creation of equal opportunities): the process whereby the different social and environmental systems (infrastructure, services, activities, information, documentation) become accessible for everyone, and in particular here for the disabled, as a result of measures banning negative discrimination and assisting positive discrimination.

Negative discrimination: the violation of human dignity as a consequence of disability in the case of individuals or social groups.

Positive discrimination: the provision of concessions or additional rights in the interest of ensuring equality of opportunities.

Independent living: way of life based on the individual's self-determination which becomes possible for the disabled person through the dismantling of barriers existing in the society and through services provided by society (e.g. personal help).

Rehabilitation: activity based on the utilisation and development of the existing capabilities of disabled persons, aimed at leading them back into social life or at promoting the realisation of participation on a higher level, and at laying the foundations for independent living. This is a complex and interlinking system of services comprising health, mental hygiene, occupational and social services aimed at reducing the disadvantages arising from disability, and also including habilitation.

Occupational rehabilitation: the activity aimed at making disabled persons capable of undertaking work suitable for them, of keeping these jobs and advancing in them, thereby assisting their integration or reintegration into society.

Aids: objects, close to or remote from the body, serving to partially or fully substitute for the lack or malfunction of physical and/or sensory functions, directly or indirectly assisting independent living and prevention.

Supporting services: personal and institutional forms of support which serve to ease or eliminate handicaps arising from disability, help in reducing the level of dependency of disabled persons in their everyday life and in their exercise of their rights (e.g. personal helping service, special sign language interpreter).

Absence of obstacles (accessibility): access to the physical environment, information and communication in the case of disabled persons.

The scope of the act covers:
disabled persons living in the territory of the Republic of Hungary, of Hungarian citizenship, or immigrants holding an identity card entitling them to permanent domicile, or recognised by the Hungarian authorities as refugees.

PART II:
THE RIGHTS OF DISABLED PERSONS

1. The problem to be solved in Part I of the act is that the most substantial barrier to social integration of persons living with a disability is the prejudice against them and the negative discrimination resulting from their stigmatisation and manifested in all areas of life.

2. The aim of Part I of the act is

• to declare the equality of rights in all areas of social life of persons coming within the scope of the act and to ban negative discrimination against them and, where it is absolutely necessary, to apply positive discrimination,

• to create the conditions for equality of opportunity for disabled persons so that the disabled can live as equal, independent members of society and act, so that their living conditions can improve and the social disadvantages arising from their disability diminish,

• to promote the full and active participation of disabled persons in the preparation of decisions at all levels affecting them and as far as possible also in the decision-making, and enabling their participation in the life of the community.

Basic rights

Disabled persons are equal members of society. No one may suffer negative discrimination because of a disability.

The most important obstacle to equalising the opportunities of disabled persons is the lack of equality of rights, and the negative discrimination. The act therefore declares, in the case of persons coming within its scope, equality of rights with all other Hungarian citizens, and bans any form of negative discrimination against them in all areas of everyday life.

The act makes it possible for a person who, as a consequence of violation of the provisions of the act, has suffered an unlawful disadvantage because of a disability to seek redress through the courts against the causer, in order to terminate the violation and to receive compensation for any damages suffered.

All disabled persons of all ages have the right to complex rehabilitation corresponding to their individual needs. This means that the rehabilitation is aimed at the whole person, depending on age and condition.

Freedom of conscience and political rights

Disability may not represent a disadvantage in the free choice of ideology, religion and political views, in the everyday experience and free exercise of these personal decisions.

The free exercise of these rights must be promoted by improving the conditions of information and communication, changing the man-made environment and by providing the services needed for all this.

Rights related to participation in social life

Disability may not exclude anyone from participation in the life of society in keeping with his social, health, educational and cultural needs and demands.

The disadvantages arising from disability must be eliminated by providing aids appropriate for the condition, further by eliminating obstacles in transport and the architectural environment, and by measures to be taken in the field of promoting communication.

Environment

All disabled persons have the right to an obstacle-free and safe environment to which they have access, can approach, reach and recognise. This right extends in particular to the architectural environment, to the transport possibilities and communication systems.

The lack of an obstacle-free environment, information and communication possibilities, aids and personal conditions may not prevent any disabled child from receiving education.

Architectural environment, public buildings, public spaces

Following the entry into force of this act only obstacle-free public buildings (buildings for public purposes) may be built. Freedom from obstacles means that persons in wheelchairs are able to enter the building, can reach the areas there intended for daytime use through the doors, the upper levels can be reached by lift which can be used with a wheelchair and that there is at least one WC in the building accessible and usable with a wheelchair and provided with grips, and that the stairs are provided with rails with grips.

Over the medium term all public buildings (including courts, local authority buildings, cinemas, theatres, concert halls, hotels, inns, sports facilities, churches, museums, libraries and archives, public education institutions) - if not yet obstacle-free - must provide at least one entrance with a ramp, if necessary a stair lift, and an accessible, obstacle-free WC.. To achieve this, the operators of public buildings must draw up a long-term schedule. The case of protected historic buildings must be regulated separately with the participation of the National Historic Monuments Inspectorate.

This provision must be implemented in stages: firstly in the most central areas of towns and then from there outwards.

All public buildings undergoing alterations must be made obstacle-free.

Following the entry into force of this act, all road surfaces being renovated may only be made available for use again after the kerbs have been provided with lowered access points.

The facilities of leisure centres, parks and zoos must be made obstacle-free within 15 years.

Building permits may not be issued for the plans of public buildings in which the architectural solutions prevent use of the given facility by persons living with disabilities. Permits for the use of such public buildings may not be issued.

Transport

Local public transport vehicles (trams, buses, trolleybuses) and district public transport vehicles must be made suitable for use by disabled persons.

If this is not successful, or in the case of persons who are incapable of using public transport vehicles, a minibus, door-to-door transport network must be created and launched in the towns for citizens who do not have a vehicle.

After 9 years following entry into force of this act, the public transport organisations - urban and local: buses, trams, railways - may not purchase or lease vehicles not suitable for use by persons with serious handicaps or using wheelchairs.

In the future, traffic signs may only be placed in such a way that they do not prevent movement by persons living with disabilities.

After one year following the entry into force of this act, county and municipal authorities must provide free parking space provided with a special sign in all parking areas for the use of persons living with disabilities, whether the parking area is in private or local authority ownership. At the same time they must ensure that the parking places reserved for the physically handicapped may only be used by such persons.

After one year following the entry into force of this act, newly installed traffic lights in dangerous intersections must be provided with acoustic signals.

Communication

Newly installed public telephones must be accessible from a wheelchair.

In case of necessity, the use of suitable means of communication must be made possible, or a sign-language interpreter provided free of charge not only in the courts but also in other public service institutions of exceptional importance for the deaf or persons seriously handicapped in speech for some other reason, with serious communication difficulties.

Further:

Eye and ear clinics, as well as pediatric clinics and medical rehabilitation institutions must notify the local authorities for the place of residence if a person with a serious disability comes into their territory.

The local authorities must keep a record and assess the needs of disabled persons living in their territory, respecting the provisions of the act on the protection of personal data. Within 5 years following the entry into force of this act - if they express a demand for this - all deaf-blind persons must be provided with a trained sign-language interpreter for 8 hours a day as a personal helper, even if they live in a county or national institution for the deaf-blind.

Education

It is the right of all disabled children to be raised in the least restricting environment, as far as possible in a family, and to receive free, special pedagogical services appropriate for their needs, from the time the disability is determined.

It is the right of every disabled child, its parents or guardian, consulting with experts on the education possibilities best adapted to the child's special needs and condition, to be able to choose among the possibilities ensured in the Act on Public Education: integrated schooling, education is special schools or private teaching. Specialised services adapted to the child's condition must be provided for disabled children studying in majority schools.

The disabled child or its parents are entitled to the right to choose the form of education (integrated schooling, private teaching, special education).

The welfare nurse system must be supplemented with experts in remedial teaching so that it is capable of providing those caring for disabled children with continuous advice already in the pre-school years.

In the interest of disabled children of school age, an effort must be made above all for disabled children to be able to participate in general primary and secondary schooling. In the case of integrated education too, specialised remedial teaching assistance and all the conditions for special education must be ensured.

For disabled children who cannot take part in integrated schooling, training within the remedial teaching institutional network corresponding to the disability must be ensured.

The state body maintaining the remedial teaching institutional network must provide these institutions with the aids making it possible to train the disabled student for work, to ensure the general development of the capabilities of the student and learning a trade.

Activities

• for the development of individuals or small groups,

• developing the child's capabilities with the specialised assistance of remedial teachers, adapted to the child's condition
  must be provided for disabled children.

The negative effects of the "vocational aptitude test" restricting the entry of disabled young people to higher education and involving negative discrimination must be reduced to a minimum so that they are not excluded from the possibility of acquiring training in occupations which their capabilities allow them to perform.

The training of socially needy disabled young persons continuing their studies in higher education institutions must be supported with free aids, free tuition and free hostel accommodation, as well as with special supporting services required (e.g. a reading aloud service for 4 hours a day for blind students, sign-language interpreter for deaf students). This obligation is borne by the organisation operating the higher education institution.

Employment

The ban on negative discrimination here means in particular that the employer may not discriminate against a disabled person having the same qualifications because of the disability when applying for a job, in hiring, workplace promotion, remuneration, dismissal and employment.

The legislator wishes to promote the application of this ban with legal instruments and by setting out the obligation to give various forms of priority. As a basic principle, the aim of these rules is to promote the creation of a system serving integration.

To this end:

• Section XXIII of the Civil Procedure must be amended, making it possible to seek redress in the courts not only for negative discrimination applied within an existing employment relationship, but also in case of discriminatory rejection when applying for work. This procedure ensures rapid legal remedy (obligation to set the date of hearing within 15 days),

• the repetition here of the anti-discrimination rules in the Labour Code reverses the burden of proof in this respect too (the employer must prove that he did not discriminate, the disabled party must prove that he met the criteria in the same way),

• it must be set down specifically that in the case of identical conditions, priority must be given to the disabled person.

The employer must ensure "suitable working conditions" for the disabled employee in all respects given for the other employees of the firm; through restructuring of the work, part-time or modified employment, procurement of appropriately adjusted or modified tools and equipment, etc.

If his condition justifies it, the disabled person has the right to perform work in a special workplace (special enterprise, employment institution).

Other areas

The right to avoid humiliating treatment

No one may be subjected to humiliating treatment, and this ban receives special emphasis as regards official procedures. In the interest of ensuring respect of this ban, the work of the authorities must be co-ordinated to spare persons from unnecessary and senseless procedures.

In the interest of eliminating humiliating procedures, each authority which keeps records or uses data on disabled persons in the course of official procedure and in the manner specified and restricted by the regulation, must make these available to all other authorities which come into contact with disabled persons on the basis of their official obligations.

For example: men living with a disability, either in a family or under other circumstances (e.g. receiving institutional care) may not be called up for enlistment in the armed forces. Within 6 months of the entry into force of this regulation, the heads of all residential institutions and all district doctors must inform the recruitment centre competent for the place of residence of the disabled men in writing on the presence and condition of disabled men living in the institution under their direction or in their treatment. The recruitment centre must take into account the official document on the condition of the disabled person issued by the committee of experts.

Institutional system controlling implementation of the provisions of the act

The National Council on Disability Affairs

The Council is a national body on disability affairs attached to the Government.

• Its President is the Prime Minister;

• its members, together with the president number 11, of whom 4 members are delegated by organisations representing the disabled at national level, the remaining 7 are high-level representatives of the 5 ministries concerned, and representatives of the employees and employers. The Council draws up its own rules of procedure, organisational and operating rules.

• The secretary of the Council is a full-time office-bearer who is always appointed from among representatives of the organisations representing the interests of the disabled.

The Council may invite a consultant or expert to its meetings. There is no financial compensation for office held in the Council. The Council has an independent budget. The size of the budget is determined by Parliament in the annual central budget in such a way that the Council is able to fully discharge its tasks from the sum provided for it. The Council may request the assistance of paid experts on occasion to carry out professional activities that cannot be done on a suitable standard by the employees.

The tasks of the Council:
It is entitled and obliged to give an opinion on all draft regulations affecting disabled persons.

• It is entitled and obliged to follow with attention the realisation of the present act.

• It is entitled and obliged to follow the area with general attention, to gather information in a way that does not violate individual rights, to make recommendations for improvements in any special area of disability affairs.

• It is entitled and obliged to co-operate with the disability affairs committees of county and municipal authorities on any problem in the area, and to co-operate with non-profit organisations protecting the rights of the disabled.

• It must provide the necessary information on any aspect of disability affairs for Hungarian natural and legal persons approaching it.

• It is obliged to regularly issue publications containing information of public interest.

• It is obliged to provide the competent ministries and the civil rights ombudsman with information concerning all phenomena qualifying as being of public concern it observes in connection with realisation of the present act.

The operation of the Council at county and local level:
In the interest of the more effective realisation of the representation of interests and the more successful solution of the problems of disabled persons, all county and municipal local authorities must set up a disability affairs committee. The task of the committee is to give an opinion on all local authority decisions affecting disabled persons living in the settlement, to follow with attention the life of disabled persons living in the territory of the local authority and to continuously monitor the realisation of the provisions set out in the present act, where necessary making recommendations for amendments to the act. At least half of the members of the committee must be representatives of organisations of disabled persons. The local authority decides on the number of members, the rules of procedure of the committee and its operating conditions.

C) National Institute of Disability Affairs
As the national background institution of the Ministry of Welfare it is part of the mechanism for the preparation of ministerial decisions. In addition, its activity includes international and national co-ordination and methodological work.

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