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

Poland

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© Dimitris Michailakis 1997

Polish Association for Persons with Mental Handicap, Poland
Compare with the following Country Report(s): the Polish Government, DPI, WBU, WFD

General policy

The officially recognized disability policy is expressed in guidelines adopted by the government and in policy adopted by NGOs. According to the Government, disability policy is expressed in law, in guidelines adopted by the government and in policy adopted by political parties. The emphasis in this national policy - in descending scale - is on rehabilitation, individual support, accessibility measures, anti-discrimination law, prevention.

The government has translated the Standard Rules and distributed them to all NGOs. However, information campaigns are initiated by the NGOs only. According to the Government, even other actions have been taken, e.g. the principles of co-operation between the Government and NGOs were adopted by the Government and disseminated; propagation in mass-media etc.

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), dealing mainly with problems of employment.

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

No new legislation concerning disability has been enacted since the adoption of the Rules.

Accessibility

There are rules to ensure accessibility of the built environment requiring that public places, the outdoor environment and housing (only for the newly constructed buildings) are made accessible. Accessibility in the built environment is observed by the constructor. According to the Government, accessibility in the built environment is observed by a national authority and by local governments. The following measures have been promoted to facilitate accessibility in the built environment: levelling off pavements, installing automatic doors (in banks and hotels mainly), installing lifts and accessible toilets, providing financial incentives/support for accessibility measures in housing and providing specially adapted motor vehicles. Special transport arrangements include: a) Subsidized normal transport for children and adults with severe disabilities, b) Special buses at a low price for the disabled - recently introduced in big cities, c) Mini buses in special institutions for disabled persons. 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 co-operation from other organizations/institutions and lack of enforcement mechanism. There is a 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 and is recognised as the main means of communication between deaf persons and others. According to the Government, sign language is also recognized as the official language of deaf people. There are no government measures to encourage media and other forms of public information to make their services accessible to persons with disabilities. According to the Government, 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 andnews magazines on tape/Braille. According to the Government, even sign language interpretation for major events is provided.

Organizations of persons with disabilities

It is difficult to assess if there is an umbrella organization, because the "umbrella" does not cover all organizations and it does not function in the way which is specific for the umbrella organization. According to the Government, there is an umbrella in which 100 NGOs are represented. There are no legal provisions mandating the representatives of persons with disabilities to participate in policy-making or to work with governmental institutions. Organizations of persons with disabilities are sometimes consulted, when laws and regulations with a disability aspect are being prepared. According to the Government, organizations are often consulted. Consultations occur at the national level. According to the Government, consultations occur also at the local level. The government gives financial support for running services not run by the government - without covering the costs of their functioning. The Government states giving also an organizational/logistic support. Persons with disabilities participate to a very limited extent in government, legislatures, judicial authorities, political parties and to a great extent in NGOs. The role of organizations of persons with disabilities is to advocate rights and improved services, mobilize persons with disabilities, identify needs and priorities, contribute to public awareness and provide services. In addition, organizations are lobbying at the Parliament and government. According to the Government, organisations also promote/organize income generating activities.

Co-ordination of work

There is no national co-ordinating committee or any similar body. According to the Government, there is a co-ordinating committee reporting to the Ministry of Labour and Social Policy. The co-ordinating committee includes representatives of Ministries, of organisations of disabled people, of other NGOs and from the private sector. The Government expects the co-ordinating committee to participate in policy development and to perform other tasks.

The adoption of the Standard Rules has not led to a rethinking of the disability policy as this document up till now was unknown to the Parliament and the Government. According to the Government, the Standard Rules help to create the policy and activity in favour of persons with disabilities.

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