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Government Implementation of
the Standard Rules
As Seen By Member Organizations of
World Federation of the Deaf - WFD
Germany
Download 'WFD Reports on the UN Standard Rules' as a PDF file (240 KB)
© Dimitris Michailakis 1997Deutscher Gehörlosen-bund E.V., Germany
Compare with the following Country Report(s): the German Government, DPI, ILSMH
General policyThere is an officially recognized disability policy which is expressed in law, in guidelines adopted by a national disability council, in policy adopted by political parties and in policy adopted by NGOs. According to the Government, disability policy in Germany is expressed in law and in policy adopted by the political parties. The emphasis in the disability policy is on: rehabilitation, prevention, individual support, accessibility measures, anti-discrimination law.
Since the adoption of the rules, the government has not done anything to initiate or support information campaigns, conveying the message of full participation. The Government states that it hassupported the translation of the Standard Rules into German as well as their publication and distribution among organizations.
LegislationThe rights of persons with disabilities are protected by a combination of special and general legislation. The judicial mechanisms for that purpose are: due process and recourse procedure by a special agency, dealing with anti-discrimination issues. The administrative and other non-judicial bodies aiming at the protection of the rights of persons with disabilities are: a governmental body and independent expert bodies. According to the Government, judicial mechanisms include only due process (legal remedy through courts).
General legislation is deemed to apply 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 to property rights. The following benefits are guaranteed by law to persons with disabilities: medical/health care, training, rehabilitation and counselling, financial security and employment. According to the Government, even the benefits of independent living and participation in decisions affecting themselves are guaranteed by law.
No new legislation has been enacted, since the adoption of the Rules. According to the Government, however, a law has been enacted in which prohibition of discrimination is acknowledged as a fundamental right.
AccessibilityThere are laws and regulations to ensure accessibility in the built environment requiring that schools, hospitals, clinics, community centres, rehabilitation centres, theatres etc. are made accessible. Means of public transportation and housing are made accessible. A national authority has the supervisory function to ensure that accessibility in the built environment is observed. According to the Government accessibility is observed by local governments and by the Constructor. The government has promoted the following measures in order to facilitate accessibility in the built environment: marking parking areas, installing automatic doors, installing or widening lifts and installing accessible toilets, providing financial support for the costs of adapting private buildings to the needs of persons with disabilities, installing special lighting for visually impaired, and providing specially adapted motor vehicles and visual signs for deaf. According to the Government, the only measures which have been promoted in order to facilitate accessibility in the built environment are: installing or widening lifts and installing accessible toilets, improving accessibility in housing and providing financial support for the costs of adapting private buildings. There are special transport arrangements for persons with disabilities, enabling them to travel free of charge or to a reduced price. Transport is available for the following services: medical treatment, education, work and for recreational purpose.
Sign language is not recognized as the official language of deaf people. However, it is used as the first language in education of deaf people and is recognized as the main means of communication between deaf persons and others. There are government measures to encourage media to make their information services accessible for 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 and sign language interpretation for major events.
Organizations of persons with disabilitiesThere is a national umbrella organization. According to the Government, there is no national umbrella organization. There are no legal provisions mandating representatives of persons with disabilities to participate in policy-making. According to the Government, there are legal provisions mandating the representatives of disabled people to participate in policy-making and to work with governmental institutions. Sometimes the views of organizations of persons with disabilities are taken into account, when laws and regulations are being prepared. When this is the case it occurs at both national, regional and local levels. The government provides financial support to existing and new organizations of persons with disabilities. Persons with disabilities participate to a very limited extent in government, to some extent in legislatures and judiciary and to a great extent in political parties and NGOs. The organizations of persons with disabilities have the following role: to mobilize persons with disabilities, to identify needs and priorities, to participate in the planning, implementation and evaluation of services and measures concerning the lives of disabled people and to contribute to public awareness. According to the Government, organizations advocate rights and improved services and they also provide services.
Co-ordination of workNo national co-ordinating committee or any similar body exists. According to the Government, there is a national co-ordinating committee. It includes representatives of Ministries, of organizations of persons with disabilities, of other NGOs and the private sector. The committee is expected to participate in policy-making but not to perform other tasks. The effects of the establishment of the committee are: 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.
Contents of the WFD Report | Compare with the following Country Report(s): the German Government, DPI, ILSMH