Equality (disabled people)
As equality in the context of people with disabilities are legal and administrative provisions referred to, "with which discrimination can be eliminated or prevented by people with disabilities" is and the one opportunity to ensure.
European law background
With the Council Directive 2000/78 / EC of November 27, 2000 - the so-called Framework Employment Directive - a general framework for the implementation of equal treatment in employment and occupation was established. It is one of the core elements of the European Union's gender equality policy .
The central aspect of this directive is the obligation of the EU member states to adhere to the principle of equal treatment . It also defines the terms indirect discrimination and direct discrimination , and cases where unequal treatment is justified.
National implementations
Germany
The national implementation of Directive 2000/78 / EC took place in Germany with the law on equality for people with disabilities of May 1, 2002. It regulates the equality of people with disabilities in the area of public administrations and offices, as far as the federal government is responsible. It is also an important part of the implementation of the prohibition of discrimination from Article 3 Paragraph 3 Clause 2 of the Basic Law (“Nobody may be disadvantaged because of their disability.”). The main objective of the law is accessibility .
Country -specific national equality laws had to be created for the areas assigned to the German state authorities . The issue of participation and integration of people with disabilities is also included in the state equality laws .
The General Equal Treatment Act (AGG) was passed on August 18, 2006 as a further pillar of the paradigm shift . It is stipulated in § 1 that discrimination is inadmissible if, among other things, it is linked to the personal characteristic “ disability ”. Other characteristics mentioned are: race and ethnic origin, gender , religion and ideology , age - any age - and sexual identity . This means that discrimination against the disabled is also prohibited in principle in private contracts, in particular employment contracts .
Further sections of the law that serve the equality of disabled people in Germany are:
- Civil Code (BGB),
-
Code of Civil Procedure (ZPO)
- § 483 ZPO oath of speech or hearing impaired persons
-
Criminal Procedure Code (StPO)
- Section 66 regarding the taking of the oath by persons with speech or hearing impairments
- Section 259 regarding "defendants who do not speak the language of the court ..."
-
Administrative Offenses Act (OWiG)
- Section 107 OWiG fees and expenses, including the "expenses for sign language interpreters ..."
- Courts Constitution Act (GVG)
-
Notarization Act (BeurkG)
- § 22 ff. BeurkG special features for hearing impaired, speech impaired and visually impaired participants
-
Copyright Act (UrhG)
- Section 45a Disabled people, regarding the admissibility of non-profit making copies of works for people with sensory disabilities
-
General Railway Act (AEG)
- § 10 AEG obligation to carry
-
Aviation Act (LuftVG)
- Sections 19d and 20b LuftVG, regarding accessibility
Regardless of contexts under European law, according to Section 2 of the Ninth Book of the Social Code (SGB IX) in Germany, the equality of low-grade people with severely disabled people is to make the special subsidies of the Employment Agency available to them to obtain and maintain a job . According to this, persons with a degree of disability of at least GdB 30 can, under certain conditions, be treated on an equal footing with severely disabled persons ( degree of disability of at least GdB 50).
Austria
The national implementation of Directive 2000/78 / EC took place in Austria with the Federal Act on Equal Treatment (GlBG) and the state equal treatment laws for public administration as employers, which apply to all areas of anti-discrimination , as well as the Federal Disability Equality Act (BGStG ).
Other countries
- Federal Act on the Elimination of Disadvantages for People with Disabilities (BehiG), Switzerland
- Law on the Equality of People with Disabilities (BGlG), Liechtenstein , see Disability Equality Act (Liechtenstein)
- In France, the Loi pour l'égalité des droits et des chances, pour la participation et pour la citoyenneté des personnes handicapées , Loi handicap dated February 11, 2005, no 2005-102 (JO n ° 36 dated February 12, 2005, P. 2353)
- The Americans with Disabilities Act applies in the United States .
Individual evidence
- ↑ Federal Disability Equality Act Austria
- ↑ Federal Government, Equal Opportunities - Participation - Self-Determination ( Memento of the original from July 16, 2013 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.
- ↑ Example LGG Mecklenburg-Western Pomerania
- ↑ Example LGG Bayern ( Memento of the original from August 5, 2008 in the Internet Archive ) Info: The archive link was inserted automatically and has not yet been checked. Please check the original and archive link according to the instructions and then remove this notice.
- ↑ Disability Commissioner of the Federal Government, Other laws ( page no longer available , search in web archives ) Info: The link was automatically marked as defective. Please check the link according to the instructions and then remove this notice.
Web links
- Federal Act on Equal Treatment, Austria (PDF file; 151 kB)
- Federal law on the equality of people with disabilities in Austria
- Equality in Austria