Assistance dog

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Assistance dog for a wheelchair user

An assistance dog , also known as a rehabilitation dog, is a dog that is selected and trained to be able to support a person with a disability. Exact definitions are not uniform.

The most common and well-known form of assistance dogs are guide dogs . There are also, for example, signal dogs , diabetic alert dogs , seizure response dog and dogs that fulfill different tasks of these combined.

Testing of assistance dogs

There are no uniform and generally recognized standards for the training and testing of assistance dogs. Most training courses end with an exam for the owner and dog as a team.

The dog must have special characteristics (especially a lack of aggressiveness), because it should be possible to take the dog with you to any location. The disabled person receives thorough training in handling the dog. Finally, an examination ensures that humans and animals are compatible.

It must be proven that humans have control of the dog. Evidence that the dog carries out the tasks defined for the respective area of ​​application and will be assigned to it in the future at any time and regardless of location and that it displays the required behavior must be provided by the test.

In Germany there is still no regular follow-up care, but it is up to the training institution and also the holding person after passing the exam whether and to what extent further training may be completed.

In Austria, assistance dogs have been registered in the Federal Disabled Persons Act § 39a since January 1st, 2015! To this end, the Federal Ministry of Labor, Social Affairs and Consumer Protection commissioned the Messerli Research Institute of the Vetmeduni Vienna to conduct the assistance dog test. The testing and coordination center for assistance dogs was set up at the Messerli Research Institute for this purpose. The Federal Ministry for Labor, Social Affairs and Consumer Protection has also issued a uniform guideline in which the requirements for the designation as an "assistance dog" are specified. The guideline also lists the criteria for the assessment. Two assessment sheets have been issued: for guide dogs and a separate one for service and signal dogs.

Classifications

  • Guide dogs (Engl. Guide dog ) have the task of leading the blind or visually impaired people safe anywhere. For example, they guide you through traffic and indicate important landmarks such as lifts, stairs, crosswalks or traffic lights.
  • Signal dogs or hearing dogs (Engl. Hearing dog ) in communicating or displaying help deaf and hard of hearing people of various household noises like knocking or ringing the door bell, displaying alarm bell, alarm clock, timers, telephone, crying of a baby, call the name of the handler / the Dog handler, fire alarm. The dogs are trained to make physical contact and guide their partner towards the source of the noise.
  • Medical signal dogs (Engl. Medical response dog ) support people with diabetes by making their under- or hyperglycemia attentive ( Engl. Diabetes alert dog ). Also, epileptics are warned in the vicinity that an epileptic seizure will begin shortly ( seizure alert dog ). Some of the dogs are specially trained to help an epileptic during a seizure ( seizure response dog ).
  • Service Dogs (Engl. Service dog ) provide assistance, by performing motor activities and are available as supports are available. For example, they can pick up fallen objects, open doors or operate the light switch. Another particularly in Germany label for dogs that provide varying degrees support for people with disabilities, is handicapped companion dog .

Regulations in the European Union

Since 2008 there has been a “proposal for a Council Directive on the application of the principle of equal treatment regardless of religion or belief, disability, age or sexual orientation”. A compromise proposal states: “Effective non-discriminatory access can be ensured in a number of ways, including through the concept of ' design for all ' and by making it easier for people with disabilities to use tools, including mobility and access aids such as recognized guide dogs or assistance dogs. "

With CEN / TC 452 a European standardization for assistance dogs, owners and trainers is being developed. With the collaboration of leading organizations and a wide range of national organizations, final publication is targeted for 2025.

Statutory regulations in Austria

Since January 1, 2015, the use of assistance dogs has been regulated in Section 39a of the Federal Disabled Persons Act (BBG).

There is a uniform legal definition of assistance dogs. Three subgroups of assistance dogs are defined: Guide dogs for the visually impaired and blind people, service dogs for people with disabilities in the area of ​​mobility, signal dogs for people with hearing impairments and signal dogs for people with chronic diseases (e.g. diabetes, epilepsy, neurological diseases) be able to point out dangers and provide support in an emergency.

In addition, the legal definition of assistance dogs is important because they have exemptions from the muzzle and leash requirement and they have free access to public places, buildings and services.

Assistance dogs are entered in the disability pass.

Since January 1, 2015, the Federal Ministry of Labor, Social Affairs and Consumer Protection has commissioned the Messerli Research Institute of the Vetmeduni Vienna to carry out the assistance dog test. The testing and coordination center for assistance dogs was set up at the Messerli Research Institute for this purpose.

Access rights with assistance dog in Austria

Public buildings such as official buildings, cinemas, theaters or churches can be entered, as can all shops including grocery stores.

Sticker "Assistance dog welcome" The Vienna Chamber of Commerce (WKW) provides stickers with the official assistance dog logo recognized since January 1, 2015 as "Assistance dog welcome" and can be attached in a visible place in the entrance area of ​​the retail store. Assistance dogs should have access everywhere, including in grocery stores.

  • The Austrian Airlines allow the entrainment of the dog in the cabin (by prior arrangement).
  • The ÖBB (Austrian Federal Railways) allows free travel for the assistance dog without a muzzle on their trains (within Austria).
  • Different regulations apply to public transport in Austria, from state to state. In Vienna with the Wiener Linien or Verkehrsverbund Ost-Region , assistance dogs without a muzzle can be brought along free of charge.
  • Access to rehabilitation centers and hospitals is still regulated differently by state laws.
  • In Vienna's parks, these dogs are also exempt from the requirement to muzzle and leash.
  • According to Federal Law Gazette II No. 47/2001 §39, General Conditions of Carriage for regular motor vehicle traffic, assistance dogs are exempt from the muzzle obligation on Austrian public transport and are transported free of charge.
  • Special legal provisions apply to assistance dogs in certain areas. In many municipalities, owners of assistance dogs are exempt from paying dog tax after providing appropriate evidence .

Legal regulations in Germany

  • The ninth book of the Social Security Code regulates in section 145 the free transport of a guide dog and a dog "that is carried by a severely disabled person whose ID card proves the right to take an accompanying person along".
  • The Federal Supply Act lists a guide dog as an aid in Section 13.
  • The Federal Aid Ordinance lists a guide dog (including harness, dog leash, collar, muzzle) as eligible.
  • The ordinance on the orthopedic care of accident victims lists the guide dog as an aid in § 2.
  • The ordinance on exceptions to the ban on the introduction and import of dangerous dogs in Germany (Hundeverbringungs- und -einfuhrverordnung - HundVerbrEinfVO) lists both guide dogs and handicapped dogs as exceptions in Section 2. (See Dog Movement and Import Restriction Act .)
  • The Lower Saxony law on keeping dogs regulates in § 3 that owners of guide dogs and handicapped companion dogs have expertise .
  • The law on keeping and leading dogs in Berlin also specifies exceptions for assistance dogs (§2). It also defines assistance dogs (for its scope) as "dogs that are intended and, based on a special training that is proven by identification blankets or work harnesses, capable of helping people with permanent physical or mental limitations or illnesses, as well as people with sensory disabilities and people with profound developmental disorders To support everyday life. "
  • Training as a guide dog or handicapped companion dog is considered equivalent to an obedience test in Hamburg and is therefore exempt from the obligation to leash.
  • The Federal Ministry of Food and Agriculture is of the legal opinion that a guide dog or assistance dog accompanying a severely disabled person is allowed to enter grocery stores.

On February 10, 2017, the Federal Council passed a resolution in which it called on the federal government to promptly submit a draft law that creates the conditions for assistance dogs to be included in the list of medical aids, to be entered in the ID card for the severely handicapped and for uniform national quality standards for Assistance dogs are created.

On January 30, 2020, the Federal Constitutional Court issued a judgment in the conflict between the right to participation of assistance dog owners and the domiciliary rights of a public place. In particular, the hygiene argument was clearly rejected by the Supreme Court. The guide dog owner was given the right under Article 3, Paragraph 3, Clause 2 of the Basic Law, because "no one may be disadvantaged because of his or her handicap; people with disabilities may only be put in a worse position if there are compelling reasons." argues the BVerfG in the reasoning.

Individual evidence

  1. ↑ Citizens' initiative No. 8 introduced by Josef Bürger regarding the “legal recognition of seeing-eye dogs as an aid and service dog in Austria” in 1286 of the supplements to the stenographic protocols of the National Council XX. GP. Collective report of the Committee for Petitions and Citizens 'Initiatives on Petitions Nos. 1 to 5 and 7 to 31, 48 and on Citizens' Initiatives Nos. 1 to 13 ( online ; PDF; 685 kB)
  2. ↑ a b Federal Disabled Persons Act §39a on ris.bka.gv.at
  3. ↑ a b Testing and coordination center for assistance dogs at the Messerli Research Institute
  4. ↑ Guidelines for assistance dogs of the Federal Minister for Labor, Social Affairs and Consumer Protection on more detailed provisions in accordance with Section 39a (10) BBG
  5. ↑ Assessment of guide dogs for the blind
  6. ↑ Assessment of service and signal dogs
  7. ↑ European Commission. PreLex. History of the inter-institutional procedures. COM (2008) 426. 2008/0140 / APP: Proposal for a COUNCIL DIRECTIVE on the application of the principle of equal treatment regardless of religion or belief, disability, age or sexual orientation ( online )
  8. ↑ Amendment 3. In: Compromise Amendments 1-27
  9. ^ European Committee for Standardization: Assistance Dogs. Retrieved August 27, 2020 (English).
  10. ↑ Guidelines for assistance dogs of the Federal Minister for Labor, Social Affairs and Consumer Protection on more detailed provisions in accordance with Section 39a (10) BBG, reference number: BMASK-44.301 / 0075-IV / A / 7/2014 Created by the Federal Ministry of Labor, Social Affairs and Consumer Protection, Section IV, Group A, Department 7. Came into force on January 1, 2015 ( PDF, 189 kB)
  11. ↑ See copy of a copy of the letter regarding taking partner dogs into sales rooms of retail businesses (PDF; 65 kB) Republic of Austria Federal Chancellery December 7, 1998.
  12. ↑ The Vienna Chamber of Commerce (WKW) took the certificate award as an occasion and presented the new sticker "Assistance dog welcome".
  13. ↑ in accordance with EU regulation no. 1107/06 on the rights of disabled passengers and passengers with reduced mobility. On direct flights to / from the USA, the US Department of Transportation regulation 14 CFR Part 382 applies to guests with limited mobility or sensory perception. Austria Airlines
  14. ↑ ÖBB personal tariff, free travel for assistance dogs on item 3.8, no muzzle required for assistance dogs on item 11.1, as of February 2013 ( memento of the original from January 10, 2012 in the Internet Archive ) Info: The archive link has been inserted automatically and has not yet been checked. Please check the original and archive link according to the instructions and then remove this notice. @1@ 2Template: Webachiv / IABot / www.oebb.at
  15. ↑ FAQ of Wiener Linien - Does my dog ​​need a ticket? What else should I consider?
  16. ↑ BEFORE Conditions of Carriage, Point P / 2 (as of February 2013) ( Memento of the original from May 14, 2013 in the Internet Archive ) Info: The archive link was automatically inserted and not yet checked. Please check the original and archive link according to the instructions and then remove this notice. (PDF; 101 kB) @1@ 2Template: Webachiv / IABot / www.vor.at
  17. ↑ Vienna Animal Husbandry Act, Section 5, Paragraph 6
  18. ^ Ordinance of the Federal Minister for Transport, Innovation and Technology on the General Conditions of Carriage for regular motor vehicle traffic, §39
  19. ↑ Annex to the Federal Aid Ordinance
  20. ↑ Ordinance on the orthopedic care of accident injuries § 2
  21. ↑ Ordinance on exceptions to the ban on bringing dangerous dogs into the country (Hundeverbringungs- und -einfuhrverordnung - HundVerbrEinfVO) of April 3, 2002 ( Federal Law Gazette I p. 1248 ), Section 2, Paragraph 1
  22. ^ Lower Saxony law on keeping dogs
  23. ↑ Law on keeping and leading dogs in Berlin
  24. ↑ Hamburg: Obligations to keep dogs on their leash and bans on taking dogs
  25. ↑ Federal Ministry of Food and Agriculture: Guide dogs or assistance dogs are allowed to enter grocery stores
  26. ↑ Resolution of the Federal Council: Create equal treatment for all people with disabilities supported by assistance dogs - recognize assistance dogs for people with disabilities ( Drucksache 742/16 )
  27. ↑ Federal Constitutional Court, 2nd Senate, 2nd Chamber: Successful constitutional complaint against the ban on bringing a guide dog with you. January 30, 2020, accessed August 27, 2020 .