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

Spain

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© Dimitris Michailakis 1997

Confederacion Coordinadira Estatal de Minusvalidos Fisicos de Espana, Spain
Compare with the following Country Report(s): the Spanish Government, WBU

General policy

The officially recognized disability policy is expressed in law, in guidelines adopted by a national disability council and in policy adopted by NGO's. According to the Government, policy is expressed in law and in guidelines adopted by the Government. The emphasis in this policy - in descending scale - is on prevention, anti-discrimination law, individual support, accessibility measures and rehabilitation. According to the Government, accessibility measures and anti-discrimination is the least emphasized in disability policy.

Since the adoption of the Rules, the government has not done anything to convey the message of full participation.

Legislation

The rights of persons with disabilities are protected by special legislation and general legislation. The judicial mechanism adopted to protect the rights of persons with disabilities is due process (legal remedy through courts). Non-judicial mechanisms include an Ombudsman, and a governmental body (administrative). According to the Government, there is also a special arbitration/conciliation body.

General legislation applies to persons with different disabilities with respect to education, the right to marriage, the right to parenthood/family, political rights, access to court of law and property rights. According to the Government, general legislation also applies with respect to the right to employment. The following benefits are guaranteed by law to persons with disabilities: health and medical care, training, rehabilitation and counselling, financial security, employment, independent living and participation in decisions affecting themselves.

No new legislation concerning disability has been enacted, since the adoption of the Rules. The Government states that several laws concerning disability have been enacted, since the adoption of the Rules.

Accessibility

There are rules to ensure accessibility in the built environment requiring that public places, the outdoor environment, means of public transportation and housing are made accessible. Accessibility in the built environment is observed by local governments. According to the Government, accessibility is also observed by a national authority. The following measures have been promoted by the government in order to facilitate accessibility in the built environment: levelling off pavements, marking parking areas, installing lifts and accessible toilets, ensuring access to public places, providing financial incentives/support for accessibility measures in housing and providing specially adapted motor vehicles. There is special transport for persons with disabilities, available for medical treatment and education. The most difficult obstacles, when planning to build accessible environments, are attitudinal factors, economic/budgetary factors, lack of legislation and regulations, lack of planning and design-capacity, lack of knowledge, research and information, lack of co-operation from other organizations/institutions and lack of enforcement mechanism. There is no disability awareness component incorporated in the training of planners, architects and construction engineers. According to the Government, there is such a component.

Sign language is recognized as the official language of deaf people, is used as the first language in education of deaf people and is recognized as the main means of communication between deaf people and others. According to the Government, sign language for deaf people has no officially recognized status, is not used as the first language in education of deaf people and is not recognized as the main means of communication between deaf persons and others. There are no government 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 deaf persons and others: literature in Braille, news magazines on tape/Braille and sign language interpretation for major events. According to the Government, sign language interpretation is available for any purpose and easy readers for persons with mental disabilities being equally provided.

Organizations of persons with disabilities

There is a national umbrella organization. There are legal provisions mandating the representatives of persons with disabilities to participate in policy making and to work with governmental institutions. Organizations of persons with disabilities are sometimes consulted, when laws and regulations with a disability aspect are being prepared. Consultations occur at both the national, regional and local level. The government gives financial support to existing or new organizations of persons with disabilities. The Government states also giving organizational/logistic support to organizations of disabled people. Persons with disabilities participate to a very limited extent in government, legislatures, judicial authorities, to some extent in 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, provide services and promote/organize income generating activities. According to the Government, organizations do not promote/organize income generating activities.

Co-ordination of work

The co-ordinating committee is reporting to the Ministry of Social Affairs. The committee includes representatives of the Ministries of Finance, of Health and Social Affairs and of Education. The government expects the committee to participate in policy development. According to the Government, the co-ordinating committee is also expected to perform other tasks.

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