Disability Equality Act (Germany)
Basic data | |
---|---|
Title: | Law on Equality for People with Disabilities |
Short title: | Disability Equality Act |
Previous title: | Disability Equality Act |
Abbreviation: | BGG |
Type: | Federal law |
Scope: | Federal Republic of Germany |
Legal matter: | Social law , disability law |
References : | 860-9-2 / 2 |
Issued on: | April 27, 2002 ( BGBl. I pp. 1467, 1468 ) |
Entry into force on: | May 1, 2002 |
Last change by: |
Art. 3 G of 10 July 2018 ( Federal Law Gazette I p. 1117, 1118 ) |
Effective date of the last change: |
July 14, 2018 (Art. 7 G of July 10, 2018) |
GESTA : | G005 |
Please note the note on the applicable legal version. |
The Disabled Equal Opportunities Act (BGG) is intended to eliminate or prevent discrimination against people with disabilities , as well as guarantee that people with disabilities participate in society on an equal basis and enable them to lead a self-determined life. ( § 1 BGG)
The law applies primarily to public authorities at federal level . To implement the same content at the state level , state equality laws are drawn up. However, these state equality laws sometimes contain different intentions and requirements.
The BGG formulates in particular
- a ban on discrimination for public authorities ( § 7 BGG)
- Creation of barrier-free accessibility in the areas of construction and traffic ( § 8 BGG)
- Right to use sign language and other communication aids ( Section 9 BGG)
- Provisions for the design of notices and forms ( Section 10 BGG)
- Comprehensibility and plain language ( Section 11 BGG)
- Provisions for barrier-free information technology ( § 12 BGG)
The “ target agreements ” are an essential instrument for the application of this law . Unless there are special legal or regulatory provisions to the contrary, target agreements between associations that are recognized in accordance with Section 13 (3) BGG (e.g. organizations for the disabled ) and companies or business associations of the various economic sectors should be agreed for their respective material and spatial sectors in order to ensure accessibility Organizational area or area of activity. The recognized associations can request the start of negotiations on target agreements.
These "target agreements for the creation of accessibility" should in particular
- the determination of the parties to the agreement and other regulations on the scope and duration,
- the definition of minimum conditions on how designed areas of life (within the meaning of Section 4 BGG) are to be changed in the future in order to meet the right of disabled people to access and use,
- the point in time or a schedule for meeting the specified minimum conditions
and can also contain a contractual penalty agreement in the event of non-performance or default.
Be particularly emphasized in the law
With the law on the further development of the law on equality for the disabled, the Federal Accessibility Center was set up at the Deutsche Rentenversicherung Knappschaft-Bahn-See on July 19, 2016. She primarily advises and supports federal authorities in the planning and implementation of accessibility in accordance with the BGG, from structural access to barrier-free information and communication. In addition, she also advises companies, associations and social organizations on request.
criticism
Almost all disabled people's associations, self-advocacy groups and also the Federal Government Commissioner for the Issues of Disabled People, Jürgen Dusel, criticize the fact that the law does not include the private sector and therefore misses equality in everyday life for disabled people. The Green Party tabled a corresponding amendment to the draft law , including the private sector , which was rejected in a roll-call vote. Likewise, a motion for a resolution by the party Die Linke on the bill was rejected.
Web links
- Text of the law
- Literature on the Equal Opportunities for People with Disabilities Act in the catalog of the German National Library
- The Disability Equality Act in easy language
- We demand the possibility of legal enforcement in the Disability Equality Act
- Criticism of the law on equality for the disabled
- Information on the reach and goals of the BGG in the online manual "Active-against-Discrimination": [2] of the German Institute for Human Rights
See also
Individual evidence
- ↑ DRV KBS , accessed on January 22, 2017
- ^ [1] , criticism of the law on equality for the disabled
- ↑ Printed matter 18/8432 Amendment (PDF) German Bundestag. May 11, 2016. Retrieved January 17, 2019.
- ↑ Printed matter 18/8433 Motion for a resolution (PDF) German Bundestag. May 11, 2016. Retrieved January 17, 2019.