A disability is a permanent and serious impairment of the social and economic participation or participation of a person. This is caused by the interaction of unfavorable social or other environmental factors ( barriers ) and those characteristics of those affected, which make it difficult or impossible to overcome the barriers.
Disability is therefore not regarded as a " disease ": In the disabled person's environment, both everyday objects and facilities - or the lack of such facilities - (physical factors) and the attitudes of other people (social factors) have a disabling effect. Objective barriers often get their hindering quality from a lack of universal design that not only takes into account the needs of large or influential population groups.
- as process passive (someone is disabled) from the perspective of society (" social model of disability "),
- as a state passive (someone is disabled) from a medical point of view (“ medical model of disability ”).
Categories and causes
The Vienna university professor Gottfried Biewer sees five different systematics of categorization and classification in a textbook, which lead to differences in the conceptual understanding of disability. There are medical classifications (ICD, DSM-5), pedagogical terms of disability, special educational categories, the OECD classification (disability, learning difficulties and disadvantages) and the bio-psychosocial model (ICF) of the WHO. Currently, the most common are special educational assignments, in which support needs are assigned to specific areas of development (seeing, hearing, intellectual development, etc.). The OECD model used in the education sector differentiates between disabilities with organic causes (Category A), learning disorders (Category B) and disadvantages due to linguistic, social and cultural factors (Category C). In contrast to these categorization systems, the ICF of the WHO primarily represents a common language for describing phenomena.
Disability only occurs when several causal factors interact. Typical individual impairing characteristics of a person ("damage" or "impairment") are missing or changed body structures as well as chronic physical and mental illnesses. In connection with this, environmental factors as physical barriers, for example in the form of curbs , bottlenecks, stairs, non- barrier-free internet sites or a natural environment, can lead to a handicap of a person. Social barriers, for example in training, the world of work, leisure and communication , are just as “hindering” if they lead to the exclusion of people with deviating characteristics.
Definitions of disability that target only a single cause are considered obsolete.
Basically, disability relationships can be roughly categorized into the following areas:
- physical disability
- Sensory impairment ( blindness , deafness , hearing loss , deafblindness )
- Speech impairment
- mental (emotional) disability
- Learning disability
- mental disability
With regard to the personal causes, a distinction can be made between
- or congenital disabilities:
Disabilities can also occur as a combination of several causes and consequences ( multiple disabilities , most severe disabilities ), or result in further disabilities, e.g. B. Communication disabilities as a result of hearing impairment .
Some disabilities are not perceived as such by society at all, but are considered an expression of lack of self-control and education of the person concerned. This applies, for example, to the constant flatulence in people who have lost the Bauhin valve after colon cancer surgery or who are affected by IBD . Those affected by Tourette's disease are in a comparable situation . In the case of disabilities of this type, social disabilities and the discriminatory exclusion of those affected are particularly serious.
Attempts at definition
“The UN Convention on the Rights of Persons with Disabilities does not contain a precise, final definition of the term disability, but rather only sets out an understanding of 'disability' and thus specifies the personal scope of the convention. According to Article 1, Paragraph 1, the UN-CRPD includes all people who have long-term physical, emotional, mental or sensory impairments that, in interaction with various (attitudinal and environmental) barriers, prevent them from fully and equally using their fundamental rights. The BRK is accordingly based on the social understanding of disability. "
During the time of National Socialism, severely disabled people were devalued as " life unworthy of life " or as " ballast existence ". As early as 1920, the psychiatrist Alfred Hoche and the lawyer Karl Binding had coined these terms in their joint brochure The Release of Destruction of Unworthy Life and demanded that society be freed from the "spiritually dead". Such lines of thought were put into practice by the National Socialists after they came to power by sterilizing and killing disabled people. Action T4 is a common name for the systematic murder of more than 70,000 people by SS doctors and nurses.
As recently as 1958, the Ministry of the Interior of the Federal Republic of Germany oriented itself exclusively to the deficit theory of disability, according to which disability is a personal characteristic of individual people: unable to perform appropriate work. He is more or less impaired (unable to live). "
The category of "unfit for life" merely represents a softening of the National Socialist category of " life unworthy of life ", but not a complete turning away from it.
Current definition of social law in Germany
In federal German law, the handicap is defined in Book IX of the Social Code (there: Paragraph 1) as follows: "People with disabilities are people who have physical, emotional, mental or sensory impairments that interact with attitudes and environmental barriers are likely to prevent them from participating in society on an equal footing for more than six months. An impairment according to sentence 1 exists if the physical and health condition deviates from the condition typical for the age. People are at risk of disability if an impairment according to sentence 1 is to be expected. "
In order to be recognized as a person with a disability and to receive a corresponding ID , an application to the responsible pension office is required ( SGB IX); For more information, see under Severely Disabled Law (Germany) .
Differentiation from other forms of "underperformance"
Not every form of skill deficit that leads to restrictions on social participation is assessed as a "disability" in German social law. In Germany, for example, illiteracy is not recognized as a “disability” if it is not caused by another recognized disability or illness. The Regional Social Court of Berlin ruled in 2004:
"1. The case groups in which the BSG has so far assumed the considerable risk of the labor market being closed cannot be expanded to include full-shift, high-performing unskilled insured persons for whom access to the general labor market is difficult due to illiteracy.
2. Illiteracy that is not based on an illness or disability is not an unusual limitation of performance within the meaning of the BSG jurisprudence, which triggers the obligation to name a specific referral activity in the case of an unskilled insured person with full-shift capabilities for physically light work. "
After the diagnostic classification of ICD-10 (Engl. International Statistical Classification of Diseases and Related Health problem dt. International Statistical Classification of Diseases and Related Health Problems was not recognized) to treat diseases as comprehensive enough should be able to be distinguished in a multiaxial classification between the structural damage, the functional disorders and the associated social impairments. In the 1970s, the developed WHO with the International Classification of Impairments, Disabilities and Handicaps (engl., Dt. About International classification of impairments, functional or incapacities and social impairments , ICIDH) a classification scheme for disease and disability, which was issued in 1980 . This scheme has been changed and expanded in ICIDH-2 since 1993 and released for field trials in 1997 as a beta-1 draft; In 2001, the Prefinal Draft of ICIDH-2, completed in 2000, was further revised and submitted to the WHO and adopted as the International Classification of Functioning, Disability and Health (German: International Classification of Functioning, Disability and Health , ICF). Here it is no longer the deficits of a person that are decisive, but the skills relevant to the person concerned and the participation in social events.
Damage to a psychological, physical or anatomical structure
Impairment of a body function or structure in the sense of a significant deviation or loss
Ability disorder resulting from the damage
Possibilities of a person's activity to achieve personal realization
social disadvantage due to the damage and / or the impaired ability (disability)
Degree of participation in public, societal, cultural tasks, affairs and achievements
physical, social and attitude-related environment in which a person shapes his or her own life
(after Barbara Fornefeld , 2002)
Alfred Sanders' formulation is an example of an expanded definition of the term that takes the environment into account: A disability occurs when a person with impairment or reduced performance is inadequately integrated into their complex human-environment system . He therefore attributes disability not only to damage to or reduced performance of an individual, but also to the inability of the person's environment to integrate them.
Difficulty of definition
This definition sometimes comes up against cultural limits. One example is deafness. This is mostly seen as a disability by hearing people and many deaf people would probably agree with this definition. However, some deaf people are of the opinion that the deaf are not disabled, but rather should be seen as members of their own culture, which has its own rites and rituals. The attempt to make the deaf hearing or to equip children with cochlear implants is to be seen as audism and is like an ethnocide . Deafness should not be seen as a flaw in the culture of the deaf. Rather, being hearing is a disadvantage in this culture, since a hearing child may never fully learn the sign language of its parents (see also: Deaf culture # Deafhood ).
Proponents of Autistic Pride criticize the pathologization of autism as well as the notion, especially popular among medical professionals, that all human brains should be identical. They argue that the hypothesis of such an ideal and therefore worthwhile brain structure leads many medical professionals to the assumption that any deviation needs a “cure” in order to achieve conformity with an imaginary “neurologically typical” norm (see also: Autistic Pride Day ).
Conversely, there are also voices who see more than just disadvantages in a broad interpretation of the term “disability”. So z. For example, the “Federal Association for the Promotion of People with Learning Disabilities” points out that there are diverse support options and forms of vocational training for young people with special educational needs, including in the area of learning. During the period of vocational preparation and training, “young people with learning disabilities” would be treated as “severely disabled people” even if the degree of disability was less than 30 or a degree of disability was not determined (Section 68 (4) SGB IX). Young people with “learning disabilities” therefore received special benefits from the Federal Employment Agency, but not young people who were merely classified as “without qualification for training ” without being considered “disabled”.
Discussion of terms in German-speaking countries
In an article published by the Konrad-Adenauer-Stiftung in 2013, Wolfgang Rhein pointed out that in the German-speaking world the attribute “disabled” in front of personal designations or the noun “disabled” had only been used on a larger scale since the 1980s. In 1958 the (catholic) “lexicon for theology and the church” did not include the lemma “disabled people”; this was only included in the 1994 edition.
In 2013, a “participation report” by the federal government replaced the “Disability Report” (e.g. 2009) balance sheet on the living conditions of people with disabilities in Germany. He advocates a move away from the view of disability as a personal deficit. “Disability, on the other hand, arises from disadvantage. The life situations of people who are impaired and experience disabilities from their environment are examined. "
"The core of the problem with the term disability ... lies in the distinction between people with and without and thus in the construction of two different groups, one of which is defined as normal and the other as not normal."
“A math teacher would never label a zookeeper disabled because of likely lack of math, a cleaner would not label a civil engineer disabled due to likely lack of cleaning practices, and a roofer would not label a gardener disabled for working on the ground. This series of examples could be continued indefinitely. Let's look at the point of view (disabled person - non-disabled person) from the opposite perspective. I don't know any thalidomide-damaged person who knows all the others who are not z. B. can write or eat with your feet, referred to as disabled. Or do all people sitting in wheelchairs consider the runners disabled because they cannot use the wheelchair? "
There are basically two types of criticism of the practice of calling people “disabled”
- The criticism related to the semantics emphasizes that “handicap” is a construct that unites impairments of the most varied kinds in one collective term. What disability is must be defined nominalistically . Ultimately, there is always an element of arbitrariness attached to the distinction between disabled and non-disabled people (cf. the dispute in court about the question of whether illiteracy is a form of disability). Under no circumstances is the handicapped person (as the dichotomy between “handicapped” and “non-handicapped” suggests) “completely different” from the non-disabled person.
- The pragmatics -based criticism does not deny that certain people are impaired in a certain way, but considers the way this circumstance is addressed to be inappropriate. While the use of categories such as “disabled” in parlance is used to simplify reference (ie to convey what is meant clearly), the characteristics that are referred to can become stigmatized if the term reflects prejudice. However, according to this view, it is not the term itself, but rather the speech act that makes an utterance due to its contextual dependence on discrimination. In the spirit of pragmatic criticism, Erasmus von Rotterdam already put forward the thesis that it is “not human to call a one-eyed one-eyed person, a limping person limping and a cross-eyed person cross-eyed”.
Other speaking as an expression of appreciation
Stefan Göthling, managing director of " Mensch first " in Germany (this statement is probably to be understood in terms of semantic criticism), demands:
“I don't want to be called a“ mentally handicapped ”person. That hurts me. Nobody has the right to do that. Please continue to support us in fighting this injustice. Please tell other people about our signature list. So that the term mentally handicapped is finally abolished. "
In response to the pragmatic criticism, efforts are being made to find substitute formulations for the term disability that do not have a discriminatory or stigmatizing effect. Old terms in the word field “disability” are questioned because of a lack of accuracy of fit and their potential for discrimination and should be replaced by terms that should be more contemporary. The language reformers concerned demand that language be used in a more reflective and conscious manner in order to contribute to changes in the awareness of the addressees of their statements.
Denominational designations are particularly combated, e.g. B. invalid (from the Latin invalidus : powerless, weak, obsolete), and swear words like cripple or monstrosity or the Spanish name minusválidos ( "inferior") for people with disabilities. The expression “ bresthaft ” for disabled, which is common in southern German and Austrian language usage , is now rejected as discriminatory. On the other hand, the representatives of the cripple movement , who were mostly concerned themselves , consciously replaced the term “disabled” with the old, actually frowned upon expression “ cripple ”. In the sense of a Geusen word , they claimed to be a positive and provocative expression that was generally perceived as negative.
A book has been published by the Austrian Federal Ministry for Social Security, Generations and Consumer Protection, which suggests an emancipatory use of language. The following examples can be found
- "Handicapped accessible" : better "barrier-free"
- (Accessibility is important for everyone.)
- " Deaf and dumb" : better "deaf"
- (People born deaf can speak and see themselves as members of a linguistic minority.)
- " Lilliputians " : better "short stature"
- (Small people are not members of an exotic, fictional people)
- "Care case" : better "person in need of care"
- (A person is not a "case".)
- "Be confined to a wheelchair " : better "use a wheelchair"
- (A wheelchair does not mean immobility.)
The measures proposed by the Austrian authorities alternatives: "disabled person" instead of "disabled" and "Down syndrome" instead of "Down syndrome" are in turn criticized only by the term "person with disabilities" the person concerned would not be reduced to their disability, and the term “trisomy 21” is better than the term “Down syndrome” because the term “syndrome” refers too strongly to “disease”. However, it is still preferable to the assumption that the people concerned allegedly turned into people of Mongolian origin , possibly into a "primitive racial type" that resonates in the term "Mongolism".
In the German-speaking countries, the Leidmedien.de project is also attracting attention in the national press, which primarily aims to provide journalists with handouts for reporting on people with disabilities. The focus here is on avoiding unintentional clichés that can create “victim” or “hero images” in the recipient.
So far, the term cognitive disability has not caught on in place of intellectual disability , as only part of the word is translated from German into Germanized Latin.
English terms differ depending on the American or British definition. In America, "people with disabilities" initially prevailed. Alternatively, some people use the phrase "people with special needs". There are similar creations of terms in German-speaking countries, for example in the expression “special children”. In British the term "disabled people" is common. In the English-language word "disabled", according to critics, the idea is expressed that those so designated are (comprehensively?) "Not able"; to think that way is ableist .
Different speaking as an expression of different thinking and practice
The intended language change should not only serve to speak respectfully about people with disabilities. New terms should also have the function of designating other ways of thinking and other relationships that should be striven for.
Traditionally, a distinction is made between people with intellectual disabilities or cognitive impairments and people with learning disabilities who attend or have attended different types of school. According to the proponents of the use of this term, the term “people with learning difficulties” takes into account the “fact” that a clear separation of the two groups is not possible.
The ideal of inclusion (the term originally comes from mathematics) is also intended to replace the less demanding ideal of integrating disabled people, according to the wish of its supporters , because the effort to include society assigns greater responsibility for the inclusion of affected people with all their characteristics instead of requiring an adjustment or reducing performance expectations from the outset.
Criticism of the desired language change
Attempts at a purely linguistic regulation also meet with criticism:
Ulla Fix from the Institute for German Studies at the University of Leipzig cannot understand the instructions from superiors in a nursing home that the disabled residents of the home should not be called “disabled people” but “people with disabilities”. She does not understand the linguistic difference between the two formulations.
The new words would be subject to a deterioration in meaning in the long run ( euphemism treadmill ). The expression “handicap” itself was originally a consciously neutral term that was intended to replace older, very negative connotations such as “idiot” for the mentally handicapped or “cripple” for the physically handicapped. The term gets its derogatory meaning through a derogatory use (e.g. as a swear word: "You are probably disabled!", "I am not disabled!"). It is therefore irrelevant how a group is called. Your negative image is transferred to the term and not the other way around.
The length of the word creations and their character which can be interpreted euphemistically were also disturbing . For example, “disability” denotes the unsightly fact that a certain person lacks a certain ability , but “special” or “other ability” can be understood to mean that the person concerned has additional abilities that most people do not have. Likewise, the use of the word field "impairment" conceals the fact that in people with a disability this impairment is not of a temporary nature (such as an impairment due to a well-healing bone fracture).
After all, a new name does not solve the problem that many do not accept the deficit attributions associated with the diagnosis of disability . A change in the word for diagnosis does not change anything in this regard.
Fix's view is problematic in that, if language is used indifferently, any power structures and any change in the meaning of terminology are ignored. According to the argumentation, the use of discriminatory external names such as “ nigger ”, “ fagot ” or the like would only designate a “negative image” of the designated group . In addition, she admits that the search for a substitute word for “disabled” (instead of “disabled people”) is “more justified”.
Peter Masuch , President of the Federal Social Court , thinks it is wrong to do without the difference between people with and without disabilities and to avoid the word "disability". At the 2016 Werkstättentag in Chemnitz , he stated: "While [...] people without disabilities can and must help themselves because of the subordinate status of social assistance, people with disabilities need support from fellow human beings and society." The background to his statement is intent to keep the group of people who should be able to legally invoke the UN Convention on the Rights of Persons with Disabilities within limits by referring to their duty of personal responsibility as "merely impaired" people who are not affected by a sufficiently serious disability .
The Salamanca Declaration, with the mention of inclusion as the most important goal of international education policy and subsequently a first international framework for its implementation, was the main result of the UNESCO conference on Education for Special Needs: Access and Quality , which took place from 7th to 10th June 1994 in Salamanca (ESP) took place:
“The guiding principle underlying this framework is that schools should accept all children regardless of their physical, intellectual, social, emotional, linguistic or other abilities. This should include disabled and gifted children, children from remote or nomadic peoples, from linguistic, cultural or ethnic minorities as well as children from other disadvantaged marginalized groups or areas. "
A process that went relatively unnoticed in Germany was the emergence of the “Comprehensive and Integrative Convention for the Protection and Promotion of the Rights and Dignity of People with Disabilities of the United Nations”. Since 2002, two so-called ad hoc meetings have taken place every year at which national representatives, international associations for the disabled and non-governmental organizations (NGOs) negotiated the contents of this convention in New York; her result was this:
Convention on the Rights of Persons with Disabilities
On December 13, 2006, the United Nations passed the UN Convention on the Rights of Persons with Disabilities - the first human rights treaty of the 21st century - to protect and strengthen the rights and opportunities of the estimated 650 million people with disabilities worldwide. The countries that sign the convention undertake to implement it in national law and to adapt existing laws. In the convention, among other things
- equal rights in education, the world of work, cultural life,
- the right to own and inherited property,
- the prohibition of discrimination in marriage,
- the right to children in connection with the prohibition of sterilization due to a disability,
- the prohibition of experiments on people with disabilities as well
- Accessibility required in a comprehensive sense. This also includes taking into account the emergence of new barriers due to progress in science and technology.
Austria and Germany signed the Convention and the Additional Protocol on March 30, 2007. In Austria, the Convention was ratified on October 26, 2008. Since March 26, 2009, the UN Convention on the Rights of Persons with Disabilities and its Optional Protocol are now also binding for Germany.
Germany, Liechtenstein, Austria and Switzerland voted on a German translation of the convention almost without the participation of those affected and their associations. All efforts by corresponding organizations in these states to remove gross errors that have been identified have failed. So was z. B. the English term inclusion used in the original of the convention misleadingly translated as integration .
This led to the creation of a so-called shadow translation . In view of the fact that the appropriate choice of words helps to raise awareness, a German-language version was provided that is closer to the original version than the official German translation. The parties concerned and their organizations to be included in all phases of implementation and monitoring according to the Convention were involved in the preparation of this version.
1. WHO World Report on Disability
In June 2011 the World Health Organization ( WHO) published the first global report on disability .
One of his central demands is to embed inclusion, especially in the field of education, in sustainable concepts.
"Education is also the key to the primary labor market, the report continues, but it remains largely closed to people with disabilities due to prejudice and ignorance, a lack of service provision and vocational training and further education opportunities."
As before, those affected were left out in the decision-making processes that affected them.
Here is disability
"Not just a medical, but above all a complex socio-political phenomenon."
In many cases there is a disability
"Both the cause and the consequence of poverty."
People with disabilities are exposed to poorer health and socio-economic conditions worldwide. Women, senior citizens and people in poor households are disproportionately affected. Thus, disability is not - as is often assumed - a fringe group phenomenon. Figures and the report made it clear that disability concerns everyone in our aging society, according to Aktion Mensch . This requires more commitment from each individual. Commitment from which future generations could also benefit.
In May 2001, the WHO passed the right to independent living for the severely disabled. This right is enforceable before the UN. After ratification (2008) in 2009, it found its way into the German Social Security Code in European and German legislation. In the IHP3 manual for individual aid planning by the Rhineland Regional Council, a cross-agency personal budget for severely disabled people was defined. The IHP3 is based on the guidelines of the updated SGB from 2009.
European Day of Protest for Equality for People with Disabilities
On the initiative of Disabled Peoples International , May 5th was declared a Europe-wide day of protest for the equality of disabled people for the first time in 1992 . Since then, people with disabilities have been mobilized across Europe on this day with demonstrations and other actions, with specialist events etc. against discrimination and disadvantage and for the equality of people with disabilities in all areas of life. It has a different focus every year:
- 2012: Inclusion - Be there! From the beginning!
- 2011: Inclusion begins in the mind!
Number of people with disabilities
According to the Federal Statistical Office , there were 6,918,172 people with severely disabled status in Germany in 2007 (as of December 31) . A high proportion of them (54.29%) are older people over 65 years of age. 20.39% include the age groups from 55 to under 65 years, 21.31% from 25 to under 55 years. The remaining 4% are under 25 years old. These statistics classify 64.3% of the disabilities as "physical disabilities" and 9.9% as "mental and emotional" disabilities. 82.3% of the causes of disability are due to illness, 2.2% due to accidents. Of the underage people in Germany, around 9,000 people in each age group are severely disabled: a total of 160,154, of which 49,470 are due to congenital disabilities, 715 due to accidents, 92,645 due to illness, 17,315 due to other causes.
Among the 25–35 year olds, every 48th person is severely disabled. The probability of being severely disabled increases with age; between the ages of 60 and 75 it is 15 to 20%, and between the ages of 80 it is 30%.
At the end of 2017, a total of 7.8 million severely disabled people were statistically recorded in Germany; that was about 151,000, or 2%, more than two years earlier. The proportion of the total population was 9.5%. 51% of the severely disabled were men, 49% women. 78% were elderly people aged 55 and over. Compared to the survey 10 years earlier, the proportion of disabilities acquired through illness has increased to 88%.
The statistics mentioned only cover people who have received the legal status of a severely disabled person ( degree of disability at least 50) and the associated severely disabled person's card according to the criteria of the AHP and other legal regulations on application , but not all who could apply for it . Because there is no “ obligation to report ” for these entitled persons, the actual number of disabled people in the above sense can only be estimated, whereby the figure of 10% of the total population is often mentioned. National and international estimates differ considerably, as there is no uniform and internationally binding definition of “disability”.
Situation of families
The data situation on the situation of families with disabled children is - at least in Germany - relatively thin. Such a study was carried out in 16 model regions - one for each federal state - in a total of almost 1,000 families with a disabled child:
With the families surveyed
- there was an above-average number of single women;
- the average number of children was significantly higher than the national average;
- The care and support of the handicapped child represented a very large part of the family work to be done , because on average they needed many hours more help per day than a non-handicapped child of the same age.
- the distribution of tasks was still gender-specific: in most cases the mothers take on most of the family tasks;
- the mothers were less often employed than the average;
- the majority of the mothers were overwhelmingly satisfied with their time situation, a smaller part completely satisfied;
- the majority of the mothers said they were satisfied with the amount of time they invested in looking after the other children;
- When asked, the mothers expressed their wish for a more division of labor in the family; They would like to reduce the time they spend looking after the disabled child and doing housework and would like more time for leisure and employment.
Of particular importance for relieving families with disabled children are the family- relieving services of various providers, which in Germany are usually paid for by the responsible long-term care insurance as part of preventive or substitute care , provided the disabled child is at least in care level "1", since June 2008 has also been classified in the so-called care level “0”.
The former disability officer Karin Evers-Meyer sees a social risk for families with children who have a disability: "Families with children with disabilities in Germany have twice as high a risk of poverty as families with children without disabilities."
Since the late 18th century, church and other charitable institutions in particular have served to isolate disabled children and adults from society. Since the 19th century, care and school support has been a government responsibility.
Initially, the alleged support for disabled people took place predominantly in specialized institutions such as special schools , workshops for disabled people ( WfbM ), boarding schools or homes . Critics assume that this segregation is directed against the disabled in almost all cases.
In the meantime, the landscape of facilities and the concepts of breaking down barriers has diversified, which is also the result of the lively political and scientific discussion of the past decades.
The newer legislation calls on society to create structures to support people with disabilities. In Germany, this is expressed in Article 3, Paragraph 3, Clause 2 of the Basic Law : “Nobody may be disadvantaged because of their disability”.
This principle must be taken into account by the state in its legislation , administration and case law . There are numerous regulations to compensate for disadvantages and to protect the legal position of people with disabilities and the like. a. in social law , in tax law , in labor or in building codes , in particular on the subject of accessibility . The special interests of disabled employees are taken care of by the representatives of the severely disabled or by the person of trust . The rehabilitation benefits (benefits for participation) are anchored in the books of the Social Security Code , especially in SGB IX . For many disabled people, long-term care insurance ( SGB XI ) is of great importance for the financing of necessary assistance.
Concepts, measures and facilities for disabled people already start with small children ( early intervention ) and go further through various measures for children and adolescents, especially in the fields of special education , curative education and rehabilitation education . There are also benefits and offers of assistance for adults in the field of integration assistance in everyday life, at work and in the field of medical rehabilitation . Under certain circumstances, disability can lead to legal care being ordered ( BGB ) for adults .
Disability-specific regulations are necessary in all areas of life.
- The law on equality for people with disabilities contains various obligations on equality and accessibility.
- The building regulations contain basic requirements for barrier-free construction (cf. LBO BW).
- State Equal Opportunities Act
- The barrier-free information technology ordinance (BITV) specifies requirements for IT systems suitable for disabled people, such as barrier-free internet .
- SGB IX : Rehabilitation and participation of disabled people. First part regulations for disabled people, second part severely handicapped law
- SGB XI : Long-term care insurance
- SGB XII : in Chapter 6, Sections to 60 regulate integration assistance for people who are considered disabled in the sense of Paragraph 1, Clause 1 of SGB IX .
- Motor Vehicle Aid Ordinance : regulates the subsidies for cars for the disabled
- Federal Election Act : BWahlG regulates the exclusion from the right to vote
- Workplaces must be designed to be barrier-free, ArbStättV (2)
Advantages and disadvantages of asserting the severely disabled status
People with significant disabilities or their parents (if they are children) often think about whether it makes sense to apply for a severely disabled person's pass, through which the person concerned is officially recognized as being "severely disabled".
Those who take this step and are successful with it usually see the advantages of such recognition in the form of tax breaks and other compensation for disadvantages.
By law, it is not permissible to discriminate against someone because of their disability. In Germany this is prohibited by Basic Law and EU law. The General Equal Treatment Act (AGG) also explicitly mentions the feature “disability” as a characteristic of people that cannot be used as a reason for discrimination. In contrast to other characteristics, however, it is permissible to give preference to a person because of his or her disability, for example by giving him priority over another applicant for a job if they have the same qualifications. In Germany, employers who have an average of 20 or more employees per year are obliged to employ severely disabled people ( Book IX of the Social Code ). If he employs fewer severely disabled or equivalent disabled people than stipulated in this law, he must pay a compensation tax ( Book IX of the Social Code). This is an incentive to employ severely disabled people.Paragraph 3 of the
Therefore, the possession of a severely handicapped ID card should not have a negative impact on applications for a job, although this is often feared. A survey by the European Union has shown that in 2008, 41 percent of people in the EU were of the opinion that a disability led to a non-disabled applicant being preferred to a disabled person with the same qualifications. Of the managers among the respondents, 46 percent said that. The job-neutral question about a severe disability is regularly inadmissible or discriminatory in the recruitment process according to the more recent higher court legal position (LAG Frankfurt, partial judgment of March 24, 2010, 6/7 Sa 1373/09). If one follows this view, there is a "right to lie", similar to the question of pregnancy. It should also be noted here that the employer (as well as the authorities, etc.) only ever has to present the severely handicapped ID card, but not the official notification from the pension office, which indicates the type of disability (diagnosis). The employer may not request it to be presented.
Disability officers, disability organizations and self-help groups
The interests of disabled people should be represented in the federal government as well as in the federal states, cities and municipalities by representatives for their specific concerns.
In addition, there are a large number of organizations for the disabled , associations and self-help groups , which either try to influence politics as a lobby or serve the exchange of experiences for disabled people. These associations have the right to be heard and to take legal action according to the federal and state disability equality laws and according to SGB IX.
The Federal Government Commissioner for the Issues of Disabled People is part of the remit of the Federal Ministry of Labor and Social Affairs. Verena Bentele has held this position since 2014 .
Rehabilitation, integration, inclusion
Since the 1970s, new approaches to thinking and acting have emerged for the rehabilitation and integration of people with disabilities. Politically committed members of the self-help associations initially felt less supported by representatives and employees of historically grown rehabilitation structures, demanded more self-determination and protested against human rights violations in nursing homes and special workplaces ( cripple movement ).
In connection with reform pedagogical considerations, integrative and inclusive approaches exist today , B. corresponding kindergartens, schools, also so-called integration companies . These are regular organizations in which the needs of people with disabilities are taken into account through conceptual, personal and structural precautions, which should enable joint learning and work ( work integration ).
As rehabilitation all measures which, in an integration (integration) or re-targeting of people in society. Services are provided in the field of school and professional training, medicine and the promotion of participation in social life. In the years that followed, new social initiatives and models for the independent organization of care and support emerged, including personal assistance , personal budget , work assistance at work, or company co-determination in the workshops for people with disabilities (WfBM), which is now through a workshop council is exercised.
In a ruling by the Federal Social Court in November 2011, it was made clear that so-called services for “ participation in working life ”, which were previously only provided in a WfbM, could not be omitted from the personal budget simply because a facility was not recognized as a workshop. The Federal Government Commissioner for the Issues of Disabled People Hubert Hüppe then requested in a statement,
“The cost bearers are now called upon to follow the clarification of the Federal Social Court and to grant workshop services even without connection to workshops for disabled people. As part of the personal budget, the services should follow people and not the other way around. "
A paradigm shift has been emerging in the last few years : away from the principle of welfare towards so-called empowerment and away from an exclusively medical understanding of disability towards a social definition. In addition, disability is increasingly seen as a critical event not only for those personally affected, but also for the respective relatives and friends (Schuchhardt, 1982). Rehabilitation is therefore also interpreted as the initiation of a learning process, at the end of which not only the processing of the occurrence of a disability can be successfully mastered by those affected, but also the environment of the disabled person is adapted to the specific needs and the natural "being different" would. Important guiding principles here are:
- social participation instead of care,
- thoughtful planning instead of erecting barriers,
- Esteem and respect instead of discrimination,
- integrated participation instead of prenatal selection and social-institutional exclusion.
Current situation in the field of education
In reality, it is often the case in Germany that children with disabilities do not find a place in regular schools - in Baden-Württemberg, for example, practically never. Therefore, children with disabilities often have to go to separate schools, especially secondary schools. As a reason for the rejection of children with disabilities, institutions often cite that the environment is unsuitable. This often has the consequence that children are separated from their parents' home, since corresponding schools are often located far from their place of residence and therefore only a boarding school solution is possible. This, in turn, can easily become another hurdle in the integration process for those affected and can also lead to major problems in the personal environment.
The former Federal Government Commissioner for the Issues of Disabled People Karin Evers-Meyer on the consequences of this situation: “No comparable country sorts children according to the type of disability. We have a separate school for each case. But after that there is not a job, but a workshop for the disabled - further separated from the rest of the world. ”“ Because we see disabled people less and less in our everyday life, society becomes alienated from them. ”
There is no suitable measuring instrument in Switzerland to determine the number of disabled people. In contrast to Germany, Switzerland has no ID cards for severely disabled people. It is therefore not very expedient to use the disability insurance pensions listed below under the heading of disability insurance for the assessment. Especially since the pension stock has decreased dramatically due to austerity measures, as explained below.
Individual transport mobility
Cantonal road traffic authorities, or in some cantons outsourced to the city or cantonal police, carry a blue parking permit that makes it easier for motorized individual traffic - the "Parking permit for people with disabilities in the European Union" - which Switzerland has adopted as a non-EU member and is made out to the person who is dependent on it. Since this ID card is issued on a personal basis without having to store the vehicle identification number in the ID card, this makes traveling in your own or someone else's vehicle as a driver or passenger on the European continent much easier.
Disability Equality Act (BehiG)
The federal law on equality for people with disabilities, which came into force in 2004, provides in particular physical barriers in educational institutions, in the area of public transport and in "publicly accessible buildings with the public" (including restaurants, cinemas, hotels, swimming and indoor swimming pools, sports facilities, administrative buildings ) to reduce.
UN Convention on the Rights of Persons with Disabilities
Switzerland had the UN Convention on the Rights of Persons with Disabilities, hereinafter referred to as the UN Convention on the Rights of Persons with Disabilities, ratified by both chambers of parliament on April 15, 2014. After a period of 30 days and the handover of the certificate of accession, the UN Convention on the Rights of Persons with Disabilities has been officially in force since May 15, 2014.
This milestone has been preceded by the ongoing struggle for the signing of this human rights agreement in the Swiss Parliament since the UN Disability Convention was passed in 2006. For example, National Councilor Pascale Brunderer submitted a motion demanding the ratification of the UN Convention.
Switzerland has not signed the optional protocol that exists alongside the general UN Disability Rights Convention.
Disability and at risk of poverty
Since, depending on the degree of disability, the result is a more or less restricted ability to work for physically and / or mentally demanding activities, it is not surprising that disabled people are much more likely to be at risk of poverty than would be the case in comparison to non-disabled people . The Federal Statistical Office states for 2012 that 19% “live in a household whose disposable income was below 60 percent of the Swiss median income”, while for 2007 “only” 14% were said to have been at risk of poverty. Compared to the 11% of the rest of the population, for whom the number of people affected by poverty remained constant between 2007 and 2012, the risk of poverty among disabled people was 7% (2012) and 3% (2007) higher. Since 2007, this trench has "tended to get bigger". The number of disabled people at risk of poverty, who are severely restricted in their everyday life, was even higher. In 2012 this was 25%.
Disability Insurance (IV)
At the Federal Social Insurance Office (FSIO), the IV pensions paid according to the Federal Act on Disability Insurance are statistically recorded. In 2003, 271,039 people received simple disability pensions and 185,476 additional pensions. The average pension was CHF 1,396 per month. Individual measures (aids, special schools , vocational training, etc.) related to 400,537 people. Among men, one in five will be IV pensioners shortly before retirement. Due to the financial difficulties of the disability insurance - the IV had to post a deficit of 1.126 billion CHF for 2009 - the Swiss Parliament carried out the so-called IVG revision 5 at the beginning of 2008, and a few years later with the IV revision 6 at the beginning of 2012 - for political reasons of a possible blockage in the two parliamentary chambers, divided into an IVG revision 6a (came into force in 2012) and 6b (2014) - to wait. IVG revision 6b failed in 2013 due to the negative vote of the Council of States, which wanted to weaken certain contentious points with the National Council. The National Council wanted to push through this very ambitious project without any compromises.
The actual goal of converting disability insurance from pension insurance to "integration insurance" and integrating 17,000 pension recipients - or, in terms of full pensions: 12,500 recipients of full pensions - into the primary labor market was mostly missed, despite the positive representation on the part of the FSIO, as they are not actually successful Integrated people are included in these figures, or the pensions that the IV has been able to prevent since 2008 due to so-called early intervention measures (in a triangle with employers, general practitioners and specialists, as well as the person concerned), but only the absolute pension stock, which reached a peak of 252,000 in 2005 Pensioners showed that in 2013 it was 230,000 and the majority of the reasons given are that many of those affected (no figures are available) are denied a pension, which is expressed in the increased number of legal proceedings at the insurance courts in the individual cantons and the Federal Supreme Court, or on the basis of and the new definition in IV legislation regarding pain patients who live with "pathogenetically-etiologically unclear syndromic symptoms [without a demonstrable organic basis]" are categorically excluded from insurance benefits.
Social assistance comes in as the last safety net in Switzerland's social security system, but is fundamentally not aimed at disabled people, as there is still an untenable political consensus, not only popularly but also among politicians, in which it is assumed that who lives with a disability, automatically “benefits” from disability insurance. Anyone who (no longer) receives disability pensions must therefore inevitably report to the social welfare office of the municipality in order to receive at least a "social" subsistence level, which according to the SKOS guideline for 2013 is around CHF 1,700 to 1,800 or in cantons, towns and communities with high Gross rents (including ancillary costs) between CHF 2000 and CHF 2200. This figure reflects economic social assistance, including rent and health insurance costs. Returning to the above-mentioned political opinion, it is not surprising that social welfare offices have been confronted with an increased number of disabled people at risk of poverty since the IVG revision 6a at the latest and are sometimes overwhelmed.
Supplementary services (EL)
An IV pension can be increased to an extended subsistence level, which in 2013 amounted to a maximum of CHF 2,700, through supplementary benefits, which are mostly financed by the cantons, but also by the municipalities and the federal government, through tax revenues. In 2013, 111,400 people received supplementary benefits in addition to an IV pension, which corresponds to 42.2% of the expenses for IV pensions.
As a positive aspect of the IV revision 6a, the introduction of an assistance contribution, as it has existed for a long time in the immediate European area, should be mentioned. However, the restriction applies that a person who is affected by a physical or sensory disability and who receives assistance payments is prohibited from asking for assistance from the immediate environment or from paying someone from this group of people for it. Furthermore, mentally handicapped people are categorically excluded from these benefits.
The case of a young, single mother who had to give up her professional activity due to her daughter's severe metabolic disease in order to care for her around the clock and monitor her health caused a stir. Such a constellation was not compensated for or not given special consideration prior to the introduction of the assistance contribution in Switzerland. Relatives are still recommended to bring their family members to a (nursing) home, as is the case here. However, because moving to such an institution was too dangerous due to the stress that the daughter would have been subjected to in addition to her illness, the mother decided to take care of her at home. The mother was able to manage the care at the beginning with the support of outpatient helpers , but this only relieved her for a few hours a week. In desperation, she therefore turned to the media, whereupon she was relieved for a few months, financed by donations. After the IV had given the assistance contribution in the meantime, the mother was able to hire enough caregivers for her daughter to provide round-the-clock care until her death in March 2014. As a result, the mother was able to set herself up with the assistance contribution so that she could take up her traditional job again. Since the assistance contribution can be used flexibly, it is possible for relatives or the person being cared for to use the assistance contribution directly or for domestic help in order to relieve themselves. However, it is a restriction that an assistance contribution cannot be used for immediate relatives.
While a high medical and educational standard and improved knowledge of development opportunities mean that people with disabilities in many countries are now able to lead a relatively normal and long life, in some regions the situation is still very bad: In Russia, for example, it is also today nor advised parents after the birth of a child with a disability to place the infant in a home. Inadequate human and material resources, malnutrition , little freedom of movement and almost no educational support, support and therapy, many children learn neither to walk nor to speak. It is not uncommon for them to die in childhood because they are rarely or only inadequately treated medically. Schooling is only provided - if at all - for slightly disabled children and young people and job opportunities for adult people with disabilities are only sporadic.
A UK survey of families with blind or visually impaired children showed that practical and emotional help from grandparents can play a crucial role.
- The “BAIM plus - Mobility through Information” project aims to improve passenger information for people with limited mobility.
- CLASDISA is a five-year research project at the University of Vienna, financed by the Austrian Science Fund FWF, which, through comparative studies in Austria, Thailand and Ethiopia, comes to conclusions about the connection between disability, education, culture and society.
- The project "SELF - Self-confidence for girls and women with disabilities." The project is used to take stock and analyze the quality of self-assertion and self-defense exercises for disabled women and girls in disabled sports.
- Disability Studies is an interdisciplinary science that is dedicated to research into the social and cultural science fundamentals and effects of disability.
Movies, TV series and events in context
Disabled people are clearly underrepresented in the entertainment industry. As a study by the Annenberg School for Communication and Journalism at the University of Southern California in Los Angeles showed for the hundred most lucrative films from 2007 to 2017, only 2.5% of speaking roles were occupied by handicapped people, while the handicapped percentage of the population of the USA is 18.7%.
- Light and Darkness (“ The Love of a Blind Man ”, Austrian feature film, 1917). Silent film melodrama by Fritz Freisler in 1917 with Magda Sonja.
- Our Walter (1974). Multi-part series about a child with Down syndrome .
- Bomber & Paganini (feature film, D, AU, 1976). Rogue comedy by Nikos Perakis with Mario Adorf (blind) and Tilo Prückner (paralyzed).
- My Left Foot (feature film, Ireland, 1989) starring Hugh O'Connor and Daniel Day-Lewis playing a spastic, paralyzed boy / man who cannot speak. He learns to write and paint with his left foot.
- Forrest Gump (feature film, USA, 1994). A literary adaptation of a disabled person who achieves seemingly impossible things in life, starring Tom Hanks .
- Beyond the Silence (feature film, Germany, 1996). A child of deaf parents discovers music and grows up - a film about life, love and the sound of snow. Nominated for an Oscar .
- Idioten (feature film, Denmark, 1998) by Lars von Trier deals controversially with the social image of the mentally handicapped.
- About flying and other dreams (feature film, Great Britain, 1998) Helena Bonham Carter plays an ALS patient who steals from the supermarket and wants to lose her innocence.
- Normally in love (original title: "The Other Sister"). Feature film, USA, 1999. About the problems of a mentally handicapped couple. With Juliette Lewis, Giovanni Ribisi, Diane Keaton.
- I'm Sam (feature film, USA, 2001). Sean Penn as a mentally retarded father.
- Elling (feature film, Norway, 2001) with Per Christian Ellefsen and Sven Nordin .
- Crazy about Paris (feature film, Germany 2002) is a road movie starring people with disabilities on the subject of perception and self-expression of disability, friendship, love.
- The plot of Elling - Not without my mother (feature film, Norway 2003) is set during the lifetime of Elling's mother and thus before the film Elling .
- Talking with Angels , by Yousuf Ali Khan. (Short film, UK, 2003).
- Peas at half past six (feature film, Germany, 2004). Road movie about the blind with Fritzi Haberlandt .
- Inside I'm Dancing (feature film, Ireland, 2004). Buddy movie about two physically disabled young men trying to live independently.
- Contergan (feature film, Germany, 2007), in which the Contergan scandal is dealt with. The physically disabled actress Denise Marko plays the Contergan-damaged girl Katrin. Due to her amniotic ligament syndrome, she herself showsa thalidomide-like clinical picture.
- The taste of snow (Original title: Snow Cake ) (Feature film, UK / Canada 2006). Sigourney Weaver as an autistic woman whose daughter dies in a traffic accident and who later becomes friends with the surviving driver.
- Butterfly and diving bell (feature film, France / USA 2007). Based on the biography of Jean-Dominique Bauby, who suffered from locked-in syndrome as a result of a stroke, which he dictated letter by letter with the blink of an eye in his left eye.
- Hasta la vista (feature film, Netherlands, 2011). Three young men go to Spain on their own to experience their “first time” in a brothel.
- Pretty best friends (feature film, France 2011). Story of the paraplegic wealthy Philippe and his assistant Driss, who discover the fun of life together (based on a true story).
- Normal - A weekly program in Sport1 from and about the disabled community
- Challenge. ( Memento from August 3, 2007 in the Internet Archive ) - A magazine on the commercial broadcaster kabel eins
- Seeing instead of hearing - weekly magazine for the hearing impaired of the Bavarian Broadcasting Corporation
- Menschen - the magazine of Aktion Mensch on ZDF
- Handicapped future , director: Werner Herzog, 62 min., Germany 1971.
- SHAMELESS: The ART of Disability , director: Bonnie Sherr Klein, 72 min., Canada 2006.
- It is a shame that we are special - life with a disabled partner , director: Anita Read, 18 min., Germany 2008.
- International short film festival "How we live"
Examples of sporting events in disabled sports are:
- Special Olympics refers to the national competitions of people with cognitive impairments.
- Paralympics are the international competitions of the sport of people with a handicap .
- Deaflympics refers to the "World Deaf Games " that take place one year after each Olympiad .
- "Basically all people are disabled, but the advantage of us disabled is that we know." - Wolfgang Schäuble on his life in a wheelchair, Focus No. 12/2006
- "If work were everything, there would be no meaning in life for the handicapped, no longer for the elderly and not yet for children ." - Norbert Blüm , bluntly by Norbert Blüm
- ABC disability & work
- Disability and Development Cooperation (bezev)
- Hostility to disabled people
- Vocational training center , vocational promotion agency
- Integration grant
- The integration office promotes job creation and maintenance for disabled employees , integration agreement (labor law) , integration agreement (Austria)
- International Classification of Functioning, Disability and Health (ICF: International Classification of Functioning, Disability and Health ) of the World Health Organization (WHO)
- Participation performance
- Medical model of disability
- Rehabilitation providers , joint service centers for rehabilitation , aids (rehabilitation) are devices that alleviate the consequences of a disability. They are classified in EN ISO 9999 .
- Inclusion (pedagogy) , inclusion (sociology) , school integration
- Salute normativity
- Severely handicapped law , representation of severely handicapped employees
- SGB IX
- Social model of disability
- Universal design
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- iwanuschka.de: The situation of disabled children and the development of special education in Russia , the situation of 2006.
- Friederike Fliedner Institute ( memento from March 19, 2008 in the Internet Archive )
- Stacy L. Smith, Marc Choueiti, Dr. Katherine Pieper, Ariana Case, Angel Choi: Inequality in 1,100 Popular Films: Examining Portrayals of Gender, Race / Ethnicity, LGBT & Disability from 2007 to 2017 (PDF file); Günter Helmes : Feature film, handicap, handicapped. Observations on an early classic of the “disabled film” genre and its historical and contemporary contexts. The didactic play Freaks (1932) by Tod Browning . In: Diversity and Diversity in Film and Television, ed. by Julia Ricart Brede and Günter Helmes. Münster et al. 2017, pp. 19–62. ISBN 978-3-8309-3019-8
- Information and table of contents at ABM - Arbeitsgemeinschaft Behinderte und Medien
- How we live. ( Memento from October 27, 2009 in the web archive archive.today ) at: abm-festival.de