Participation (disabled people)
According to a definition by the World Health Organization (WHO) from 2001, participation means “being involved in a life situation”. In addition to a medically diagnosable "damage", disability means an "impairment of participation as an interaction between a person's health problem ( ICD ) and their environmental factors". The "impairment" cannot be completely objectified : It is difficult to state, for example, how severely stuttering people are impaired in the " domain of oral communication in large groups ", as this is influenced not only by their self-confidence but also by the acceptance , tolerance and respect of others .
Sometimes the term is a mistranslation of the term used in English literature participation ( participation ) referred to: the this word underlying Latin partial verb cipere denote activities and have no passive orientation as the German verb "to have" or in the definition of the World Health Organization used "to be involved ".
In order to realize the right to participation, legal norms require the self-determination of people with disabilities and those at risk of disability and their equal participation in life in a society to be promoted, and to avoid or counteract discrimination ( Section 1 of Book IX of the Social Code ). “Nobody may be disadvantaged [among other things] because of a disability” ( Article 3 (3) sentence 2 of the Basic Law). The UN Disability Rights Convention, which came into force in 2008, is also based on equal rights for disabled people.
The terms “ inclusion ” and “ barrier-free ” (recently also more often: “accessibility”), on the other hand, describe a political-sociological process or the design of the environment.
Participation benefits
Participation benefits are a general term for certain social benefits to promote self-determination and full, effective and equal participation in life in society in order to avoid or counteract discrimination ( § 1 SGB IX ). In the past, the participation of disabled people in community life was called social rehabilitation . Participation benefits generally have priority over pension benefits under SGB VI , BVG , SGB VII and other social benefits and care benefits ( Section 9 SGB IX).
Performance groups
The law distinguishes between different benefit groups in Section 5 :
- Services for medical rehabilitation (§§ 42 ff. SGB IX)
- Benefits for participation in working life (Sections 49 ff. SGB IX),
- maintenance and other supplementary services (Sections 64 ff. SGB IX),
- Benefits for participation in education ( § 75 SGB IX) and
- Benefits for social participation (§§ 76 ff. SGB IX).
Social participation benefits
Benefits for social participation are acc. Section 76 (2) SGB IX in particular
- Services for living space such as assisted living options ( Section 77 SGB IX),
- Assistance services ( Section 78 SGB IX) such as personal assistance at work and parental assistance ,
- Special educational services ( § 79 SGB IX),
- Benefits for care in a foster family ( Section 80 SGB IX),
- Services to acquire and maintain practical knowledge and skills ( Section 81 SGB IX),
- Services to promote understanding ( § 82 SGB IX),
- Mobility services such as services for the disabled ( § 83 SGB IX) and
- Aids ( § 84 SGB IX).
carrier
Services for participation in life in the community are provided in their respective area of responsibility by the statutory accident insurance , war victims' and war victims welfare and public youth welfare organizations ( Section 6 SGB IX). If there is a need for assistance, the social welfare agencies provide special participation benefits in the form of integration assistance ( Section 53 (4) sentence 1 of the XII Social Code).
Participation of severely disabled people
The Ninth Book of the Social Code (SGB IX) contains special regulations in Part 2 ( Sections 90 ff. SGB IX) to protect severely disabled people, especially in working life .
Reforms
The working group Federal participation law developed from July 2014 under the auspices of the Federal Ministry of Labor and Social Affairs (BMAS) a draft of the " law to strengthen the participation and self-determination of people with disabilities " to the integration assistance to reform and to take account of changing social norms. On December 16, 2016, the Bundestag passed the Bundesteilhabegesetz (BTHG) with the consent of the Bundesrat. Following the announcement of the BTHG on December 29, 2016, it will come into effect in stages until January 1, 2023. From 2020, benefits for people with full disability are to be completely decoupled from SGB XII, which regulates questions of social assistance.
Web links
- Federal Ministry of Labor and Social Affairs : Rehabilitation and participation of people with disabilities Status: March 2018
- Union of Education and Science (GEW): Expert opinion on international and domestic obligations arising from the right to education according to Article 24 of the UN Convention on the Rights of Persons with Disabilities and on the compatibility of German school law with the provisions of the Convention, prepared on behalf of the company of the Max Traeger Foundation (PDF; 649 kB)
- Preliminary study for the redesign of the Federal Government's Disability Report April 2011
- Second participation report by the federal government on the living conditions of people with disabilities in Germany December 2016
- Integration offices in Germany: tasks, information, contact
- Resolution of the Federal Council "Creation of a Federal Benefits Act" . Printed matter 282/12, March 22, 2013
Individual evidence
- ↑ a b International Classification of Functioning, Disability and Health (ICF) , published in German 2005
- ↑ albertmartin.de: cipere . Retrieved November 11, 2019.
- ↑ cf. Brief information: Assistance services for people with disabilities Scientific services of the German Bundestag , March 29, 2018, p. 2
- ↑ Members and institutions represented in the AG Federal Participation Act, as of July 7, 2014
- ↑ BMAS: Federal Participation Act working group. Retrieved November 11, 2019.
- ↑ Cordula Eubel, Rainer Woratschka: Nahles draft for participation law: Disability officer fears "darkest welfare policy". Der Tagesspiegel , April 28, 2016
- ↑ BMAS: Federal Participation Act passed. Accessed on November 11, 2019.