Government Implementation of the Standard Rules
As Seen By Member Organizations of
Disabled Peoples' International - DPI

Germany

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© Dimitris Michailakis 1997

DPI, Germany
Compare with the following Country Report(s): the German Government, ILSMH, WFD

General policy

The officially recognized disability policy is expressed in law, in guidelines adopted by the government, in policy adopted by political parties and in policy adopted by NGO's. According to the Government, the officially recognized disability policy is expressed in law and in policy adopted by political parties. The emphasis in this policy - in descending scale - is on rehabilitation, prevention and individual support. Anti-discrimination law does not exist.

Since the adoption of the Rules, the government has not done anything to convey the message of full participation. The Government states having by various measures, conveyed the message of full participation, e.g. by translation of the Rules into German and by their dissemination to organizations.

Legislation

The rights of persons with disabilities are protected by a combination of special legislation and general legislation. The judicial mechanism available to protect the rights of persons with disabilities is due process (legal remedy through courts). The non-judicial mechanism is an ombudsman. According to the Government, non-judicial mechanisms also include a governmental body (administrative) and commissioners at different levels.

General legislation applies to persons with different disabilities with respect to education, employment, the right to marriage and the right to parenthood/family. According to the Government, general legislation also applies with respect to other rights such as political rights, access to court-of-law, the right to privacy and property rights. The following benefits are guaranteed by law to persons with disabilities: medical care, training, rehabilitation and counselling, financial security, employment and independent living. The benefit of participation in decisions affecting themselves is difficult to apply, even for persons without any mental disability. The Government states that this benefit is applicable to a restricted extent, but only for persons with mental disabilities.

Since the adoption of the Rules, the amendment against discrimination of persons with disabilities, Article 3 in the Constitution, was enacted.

Accessibility

There are rules concerning accessibility only for new official buildings. According to the Government, there are laws and regulations requiring accessibility even in public places, the outdoor environment, means of public transportation and housing. Accessibility in the built environment is observed by local governments, by the constructor and by the organizers/providers of the services. The following measures have been promoted in order to facilitate accessibility in the built environment: financial incentives/support for accessibility measures when building or renovating housing and provision of specially adapted motor vehicles. According to the Government, even other measures have been promoted in order to facilitate accessibility in the built environment such as installing lifts and accessible toilets and improving accessibility in housing. Special transport is available for education and recreational purpose. Special transport is available also for medical treatment and work, according to the Government. The most difficult obstacles, when planning to build accessible environments, are attitudinal factors, lack of legislation and regulations, lack of planning and design capacity, lack of knowledge, research and information, lack of user participation and lack of enforcement mechanism. There is a disability awareness component incorporated in the training of planners, architects and construction engineers. But, according to the organization, this is only mentioned and therefore not effective.

Sign language has no officially recognized status, is not used as the first language of deaf people and is not recognized as the main means of communication between deaf persons and others. The Government states that there is no need for an official recognition of sign language. There are no government measures to encourage media and other forms of public information to make their services accessible to persons with disabilities. The Government, however, states that such measures exist. The following services are provided in order to facilitate information and communication between persons with disabilities and others: literature in Braille/tape and news magazines on tape/Braille.

Organizations of persons with disabilities

There is no umbrella organization. There are no legal provisions mandating the representatives of persons with disabilities to participate in policy making or to work with governmental institutions. The Government states that such provisions exist. Organizations of persons with disabilities are sometimes consulted, when laws and regulations with a disability aspect are being prepared. The Government states that the organizations of disabled people are frequently consulted. Consultations occur at both the national, regional and local level. The government financially supports existing or new organizations of persons with disabilities. Persons with disabilities participate to a very limited extent in government, legislatures, judicial authorities, political parties and NGO's. According to the Government, disabled people participate to a great extent in NGO's. The role of organizations of persons with disabilities is to advocate rights and improved services, mobilize persons with disabilities, identify needs and priorities and contribute to public awareness. Organizations also provide services, according to the Government.

Co-ordination of work

The co-ordinating committee is reporting to the Ministry of Social Affairs. The committee includes representatives of the Ministries of Health and Social Affairs, of Employment and of organizations for persons with disabilities. According to the Government, it also includes representatives from other NGO's and from the private sector. The government expects the co-ordinating committee to participate in policy development but not to perform other tasks. The establishment of the committee has not had any effects. According to the Government, the establishment of the co-ordinating committee has led to: improved co-ordination of measures/programmes, improved legislation, improved integration of responsibility, a better dialogue in the disability field, more effective use of resources and improved promotion of public awareness.

The adoption of the Rules has not led to a rethinking of the approach to disability policy.

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