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

Netherlands

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© Dimitris Michailakis 1997

National Disability Council, Netherlands
Compare with the following Country Report(s): the Dutch Government

General policy

The officially recognized disability policy is expressed in law, in guidelines adopted by the government, in guidelines adopted by a national disability council, in policy adopted by political parties and in policy adopted by NGO's. The emphasis in this policy - in descending scale - is on individual support, prevention, rehabilitation, accessibility measures and anti-discrimination law.
In order to convey the message of full participation, the government has:

• translated and disseminated the Standard Rules.
  
• is financially supporting the member organizations of the national disability council for information campaigns.
  
• has initiated a research project for the necessity of a non-discrimination act including disabled people.
  
• has integrated most of the main basic principles of the Standard rules in the long term programme for an intersectoral policy for the disabled (Beyond Limitations) 1995-1998.

Legislation

The rights of persons with disabilities are protected by a combination of special legislation and general legislation. The judicial mechanism includes the regular legal procedures and appeal possibilities, i.e. due process (legal remedy through courts). Non-judicial mechanisms include an ombudsman, a governmental body (administrative) and independent expert bodies.

General legislation applies to persons with different disabilities with respect to education, employment, the right to marriage, the right to parenthood/family, political rights, access to court of law, the right to privacy and property rights. However, the right to marriage, the right to parenthood/family, political rights, property rights are limited regarding persons with severe mental disabilities. The right to privacy as well, is limited in a number of institutions/nursery homes etc. The following benefits are guaranteed by law to persons with disabilities: health and medical care, training, rehabilitation and counselling and financial security. According to the Government, even the right for disabled people to participate in decisions affecting themselves, is guaranteed by law.

The Act, Provisions for the Disabled, was enacted since the adoption of the Standard Rules.

Accessibility

There are rules to ensure accessibility of the built environment requiring that public places, and housing are made accessible. Accessibility in the built environment is observed by a national authority, by local governments and also by local organizations of the disabled and the elderly (voluntary basis). The following measures have been promoted by the government in order to facilitate accessibility in the built environment: marking parking areas, installing lifts and accessible toilets, ensuring access to public places, improving accessibility in housing, providing financial incentives/support for accessibility measures in housing and providing specially adapted motor vehicles. Special transport arrangements, as they are formalized in the provisions for the Disabled Act (WVG), oblige municipalities to provide facilities for transport of disabled citizens mainly within the municipality (either by collective transport or by "cash payments" for - wheelchair-taxi-use, or by paying the costs of adaptations of the private car). There are experiments with accessible long-distance transport (low floor with kneeling-systems) being subsidized. Special transport is available for medical treatment, education, work and for recreational purpose. The most difficult obstacles, when planning to build accessible environments, are attitudinal factors, economic/budgetary factors, lack of knowledge, research and information and lack of co-operation from other organizations/institutions. There is no disability awareness component incorporated in the training of planners, architects and construction engineers.

Sign language for deaf people has no officially recognized status but is used as the first language in education of deaf people. There are no government measures to encourage media and other forms of public information to make their services accessible for persons with disabilities. However, the privatized Royal Telecom has special services and provisions for the disabled, and the government sometimes subsidizes programmes etc. dealing with awareness of/for the disabled. According to the Government, there are no measures to encourage media and other forms of public information to make their services accessible to persons with disabilities. The following services are provided in order to facilitate information and communication between persons with disabilities and others: literature in Braille/tape, news magazines on tape/Braille, sign language interpretation for any purpose and easy readers for persons with mental disabilities. In addition, electronic reading of daily newspapers (via computers) and text-telephone services for communication with and between deaf people are also available.

Organizations of persons with disabilities

There is a national umbrella organization. According to the Government, there are two umbrella organizations in Netherlands. There are no legal provisions mandating the representatives of persons with disabilities to participate in policy-making or to work with governmental institutions. However, an agreement/decree, which established the Interministerial Steering Group on policies for the disabled, an advisory body of the Dutch government and her standing commissions, includes regular consultations - also in the process of legislation - with the umbrella organizations of the disabled. Also the important Ministries for the disabled (Ministries of housing, of Environment, of Education, of Social Affairs and of Transport) have regular consultations with the umbrella organizations. Organizations of persons with disabilities are often consulted, when laws and regulations with a disability aspect are being prepared. Consultations occur at the national, regional and local level. The government gives financial and consultative support to existing or new organizations of persons with disabilities. Persons with disabilities participate to a very limited extent in government, to some extent in legislatures and political parties and 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, participate in the planning, implementation and evaluation of services and measures concerning the lives of persons with disabilities, contribute to public awareness and provide services.

Co-ordination of work

The national co-ordinating committee is reporting to several ministries and to the sub-council of the Cabinet. The committee includes representatives of several ministries, of organizations of persons with disabilities and of other NGO's. According to the Government, no representatives of persons with disabilities or of other NGO's are included in the co-ordinating committee. The government expects the committee to participate in policy development and to perform other tasks, like exchange of information, discussion of major issues, identification of gaps in the legislation as well as efforts to try to eliminate obstacles within the responsibility of the government. The establishment of the co-ordinating committee has had the following effects: 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 Standard Rules have not been thoroughly discussed yet in the national co-ordinating committee. According to the Government, the adoption of the Rules has led to a rethinking of the approach to disability policy.

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