Government Implementation of the Standard Rules
As Seen By Member Organizations of
Inclusion International - ILSMH

Germany

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© Dimitris Michailakis 1997

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

General policy

There is no law in Germany prescribing a national disability policy. The government however is obliged to publish a report on the situation of the handicapped and discuss that report in the German parliament. Up to now three reports have been delivered since 1986. The government is not legally obliged to follow up these reports, but is free to formulate its own policy directions and to decide on the priorities in the field of disability legislation. According to the Government, the officially recognized disability policy in Germany is expressed in law and in policy adopted by political parties. The emphasis in the German disability legislation is on rehabilitation, individual support (it is official government policy, since many years, to trust on family support, if a person is unable to work and/or needs personal assistance due to his handicap), prevention, accessibility measures (there is no national law providing a complete range of accessibility measures. The German Disability Act provides a quota scheme, and employers who decide to employ a disabled person may apply for financial support for accessibility measures. In 1993 the German Constitution was changed by including the following amendment "Nobody may be disadvantaged because of his disability." The amendment however is interpreted as a signal to examine policies and legislation. Many NGOs argue that an anti-discrimination law is needed to fill this Article with life.

In order to convey the message of full participation, the Ministry of Labour during 1995, translated the Standard Rules into German.

Legislation

There are different laws for the protection of persons with disabilities. Usually these laws are part of a special legislation for the disabled. There is no specific law covering the interests of a person with a disability regarding the question whether legal assistance is required to start legal proceedings. There is no federal ombudsman for the disabled, but some of the German "Länder" have their own ombudsman for the disabled,however with limited rights. According to the Government, the judicial mechanism available to protect the rights of persons with disabilities is due process (legal remedy through the courts), while the non-judicial mechanisms include an Ombudsman, a governmental body (administrative) and severely disabled persons' representatives (commissioners at different levels for matters relating to persons with disabilities).

General legislation is applicable with regard to education, employment, the right to marriage (all persons with disabilities are entitled to get married, unless a judge decides that a person with mental handicap is totally incapable of executing his rights), the right to parenthood/family, political rights (since 1992 mentally handicapped persons are entitled to vote), access to court of law (legal aid is granted to everybody who cannot afford a lawyer to represent his interests, irrespective of his disability), 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, independent living, participation in decisions affecting themselves. According to the Government, the benefit to participate in decisions affecting themselves applies to a restricted extent, in case of persons with mental disabilities.

Since the adoption of the Standard Rules, in 1995 the new German Care Insurance Law has been enacted covering the long-term home care. According to the Government a law has also been enacted in which prohibition of discrimination is acknowledged as a fundamental right.

Accessibility

There are rules to ensure accessibility of the built environment, but still they do not sufficiently recognize the special needs of persons with disabilities. There are some activities for improving the accessibility of the public buildings and outdoor environments, but these activities are still left to the discretion of the administrative bodies involved. According to the Government, there are rules requiring that public places, the outdoor environment, means of transportation and housing are made accessible. Accessibility in the built environment is observed by local governments. The only measure promoted by the government in order to facilitate accessibility in the built environment is marking parking areas. All other measures are left to the discretion of different authorities and NGOs. According to the Government, the following measures have been promoted to facilitate accessibility in the built environment: installing or widening lifts and installing accessible toilets, improving accessibility in housing and providing financial support for the costs of adapting private buildings. The Government adds, however, that it is almost impossible to answer this question, since in Germany the distinction is not made between 1) statutory provisions which are the responsibility not of the government, but of the respective legislator, 2) statutory provisions which are the responsibility of the Government itself and 3) financial support for corresponding measures, taken by third parties. Persons with disabilities may use public transport free of charge, within a distance of 50 km. Special transport arrangements are available for whatever purpose. Attitudinal factors and financial problems are the main obstacles for improving accessibility of the built environment. The Government does not regard attitudinal factors to be a problem when building accessible environments, but adds to the economic/budgetary factors lack of knowledge, lack of user participation and lack of co-operation from other organisations/institutions. There is no disability awareness component incorporated in the training of planners, architects and construction engineers. According to the Government, there is a disability awareness component incorporated in the training of planners, architects and construction engineers.

Sign language is recognized as the official language of deaf people. According to the Government, there is no need for an official recognition of sign language. An existing language does not need to be introduced or recognized. There are no official government measures to encourage media to make their information services accessible to persons with disabilities. According to the Government, however, there are measures to encourage media to make their information services accessible for persons with disabilities. Measures promoted to make other forms of public information services accessible to disabled people are various research projects sponsored by the Federal Government and the Governments of the Federal states to improve the communication situation of disabled people.

Organizations of persons with disabilities

There are different national umbrella organizations. At the moment, the main organizations working for the disabled are trying to organize a "national forum" to meet the requirements of the European Union. According to the Government, there is no national umbrella organization. But, a co-operation exists, established between the organizations of persons with disabilities. There are no legal provisions mandating the representatives of persons with disabilities to participate in policy making and to work with governmental institutions. According to the Government, legal provisions exists, mandating the representatives of disabled persons to participate in policy making and to work with governmental institutions. The views of the organizations of persons with disabilities are taken into account as representatives of these organizations are invited to take part in official hearings etc. According to the Government, the views of the organizations are often taken into account, when laws and regulations are being prepared, and the organizations are always asked to submit their views. No support is given to new organizations of persons with disabilities. These must find their own money to establish an office and to employ staff members. The Government states providing project support to organizations of disabled people. The role of the organizations of persons with disabilities is to influence political parties and to gain money for the benefit of the disabled. According to the Government, the role of organizations of disabled people 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, contribute to public awareness and provide services.

Co-ordination of work

There is no national co-ordinating committee, but a national forum under the Helios Programme of the European Union. According to the Government, however, there is a national co-ordinating committee.

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

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