of May 26, 2006 No. 7-19
About Recommendations about harmonization of the legislation of state members of EurAsEC in the field of rendering educational services to persons with limited opportunities (on the basis of the comparative and legal analysis of national legal systems)
The inter-parliamentary Assembly decides:
1. Approve the Recommendations about harmonization of the legislation of gosudarstvchlen of EurAsEC provided by the Permanent commission of MPA on social policy in the field of rendering educational services to persons with limited opportunities (are applied), prepared on the basis of the comparative and legal analysis of national legal systems.
2. Submit Recommendations in parliaments, the Secretariat of Integration Committee of EurAsEC for use in work on harmonization of national legal systems and enhancement of the legal base of Community.
Chairman of Inter-parliamentary Assembly
B. V. Gryzlov
Appendix
to the Resolution MPA of EurAsEC of May 26, 2006 No. 7-19
These Recommendations about harmonization of legal acts of state members of EurAsEC are submitted on forming of general approach in questions of legal support of the sphere of rendering educational services to persons with limited opportunities.
In the document the main directions of legislative providing procedure for provision of educational services to persons with limited opportunities are considered and measures for their harmonization are proposed.
Recommendations are prepared for the purpose of development of the contractual legal base of EurAsEC in the field of education which foundation was laid by signing on February 26, 1999 of the Agreement on the Customs union and the Common economic space, and also within the organization-legal actions for realization of the Main directions of cooperation in the humanitarian sphere of the State Parties of the Agreement of March 29, 1996 on deepening of integration in economic and humanitarian areas.
For integration policy value of education of people with disabilities in society has two aspects. On the one hand, employment key question of successful integration into society of people with disabilities. Premises for achievement of this purpose - education and professional training (retraining) of people with disabilities. Realization of educational potential of people with disabilities in the labor market can act as criterion of efficiency of social policy concerning persons with disability in general. On the other hand, the obrazovaniyefundamentalny value determining the social status, opportunities for self-realization of the personality, in certain cases content of life.
Education promotes development of human capital, improvement of economic development, expansion of opportunities of the person.
According to preamble of the Constitutive treaty of Eurasian economic community state members of EurAsEC confirm the commitment to the conventional principles and rules of international law.
The conventional principles and rules of international law regulating questions of formation of persons with limited opportunities in state members of EurAsEC are:
1. The Universal Declaration of Human Rights and the citizen of December 10, 1948.
2. The declaration of the rights of the child of November 20, 1959.
3. The declaration on the rights of mentally retarded persons of December 20, 1971.
4. The declaration on the rights of disabled people of December 9, 1975.
5. The resolution 48 sessions of the United Nations General Assembly of December 20, 1993 "Standard rules of providing equal opportunities for disabled people".
6. The statement and the Action plan of the World conference in Salamanca on the Special needs for training of 1994.
7. The world declaration "Education for All" within the Dakar Action plan of 2000 establishing the right of education by people with disabilities in educational institutions, regular for this society.
8. Convention of the Commonwealth of Independent States on the rights and fundamental freedoms of the person.
Now in the UN the project "The comprehensive single international convention about protection and encouragement of the rights and advantages of disabled people" in which education is considered as one of the most important spheres of rehabilitation is discussed. Besides, the draft convention underlines tool role of education system and educational programs in dissemination of knowledge about disability in society (Article 8, Item 2b), in protection against violence (Article 16) and in use of knowledge when planning family (Article 23).
Being guided by the Statement of heads of states - members of EurAsEC "About ten simple steps towards to simple people" of April 28, 1998 and the Contract between the Republic of Belarus, the Republic of Kazakhstan, the Kyrgyz Republic and the Russian Federation on deepening of integration in economic and humanitarian areas of March 29, 1996, the Government of the Republic of Belarus, the Government of the Republic of Kazakhstan, the Government of the Kyrgyz Republic, the Government of the Russian Federation, later and the Republic of Tajikistan signed the Agreement on provision of the equal rights to citizens on receipt in educational institutions, including to persons with limited opportunities of health.
The parties agreed about provision of the equal rights to all citizens of the State Parties of the Agreement for receipt in the state educational institutions of the Parties on the basis of the documents of the state sample which are mutually recognized equivalent as on the places financed from the government budget and on places with payment of training cost under agreements according to the Regulations of Admission approved by the state educational institution.
The resolution of Inter-parliamentary Assembly of EurAsEC of November 23, 2001 No. 1-16 adopted the model law "About Education of Persons with Limited Opportunities of Health" which is used as the instrument of harmonization of the legislation as additional tool along with the international treaty and establishes procedure for providing to persons with limited opportunities of health education according to their capabilities and opportunities in the circle adequate to their health of training for the purpose of social adaptation and integration (reintegration) of specified persons into society, including acquisition of skills of self-service, preparation for labor, including professional activity and family life.
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