of November 11, 1991 N1224-XII
About social protection of disabled people in the Republic of Belarus
This Law is directed to determination of state policy of the Republic of Belarus concerning disabled people and is intended for implementation of effective measures for their social protection, ensuring equality and full participation in life of society.
For the purposes of this Law the following main terms and their determinations are used:
the disabled person - person with steady physical, mental, intellectual or touch violations which in case of interaction interfere with various barriers with complete and effective participation it in life of society on an equal basis with other citizens;
social protection of disabled people - system of the legal, organizational measures and measures of social support providing to disabled people of condition for overcoming, replacement (compensation) of restrictions of activity and opportunities of participation in life of society, equal with other citizens, directed to creation to them guaranteed by the state;
social support of disabled people - system of the measures providing the social guarantees to disabled people established by the legislation;
specialized workplace - workplace for work of the disabled person on whom working conditions do not contradict the individual program of rehabilitation of the disabled person.
The legislation on social protection of disabled people is based on the Constitution of the Republic of Belarus and consists of this Law, acts of the President of the Republic of Belarus, other regulatory legal acts, and also international treaties of the Republic of Belarus.
If the international treaty of the Republic of Belarus establishes other rules, than those which are provided by this Law then are applied rules of the international treaty.
Operation of this Law extends to the citizens of the Republic of Belarus, foreign citizens and persons without citizenship who are constantly living in the territory of the Republic of Belarus, being disabled people irrespective of the reason and group of disability.
Disabled people along with the rights granted by this Law have the rights provided by other acts of the legislation.
Each disabled person who is not able to satisfy the vital needs with own forces has the right to the guaranteed help from the state.
State policy of the Republic of Belarus in the field of social protection of disabled people is aimed at providing full participation of disabled people in life of society and is carried out on the basis of the principles:
respect for human rights;
prohibitions of discrimination on the basis of disability;
ensuring availability of medical, social, employment and labor resettlement;
the equal rights of disabled people, along with other citizens, on health protection, education and the free choice of labor activity;
interactions of state bodies with public associations of disabled people.
The realization of state policy of the Republic of Belarus in the field of social protection of disabled people is enabled by state bodies within their competence. Other organizations, including public associations of disabled people, individual entrepreneurs take part in realization of state policy in this area.
For coordination of state policy concerning problems of disability and development of the coordinated actions aimed at providing accomplishment of provisions of this Law, the Council of Ministers of the Republic of Belarus forms Republican interdepartmental council on problems of disabled people. The structure of Republican interdepartmental council on problems of disabled people is created of heads of the republican state bodies dealing with issues of work, employment, social protection, health care, education, transport, communication, housing construction, culture, sport and tourism, and also public associations of disabled people and other organizations.
Heads Republican interdepartmental council on problems of disabled people the deputy prime minister of the Republic of Belarus.
Regulations on Republican interdepartmental council on problems of disabled people and its members affirm Council of Ministers of the Republic of Belarus.
Disabled people have the inalienable right to respect of their human dignity. Protection of the rights, freedoms and legitimate interests of disabled people in the Republic of Belarus is guaranteed by the state and provided in the judicial or other procedure established by the legislation.
About social protection of disabled people perpetrators bear responsibility according to legal acts for violation of the law.
Recognition of person by the disabled person is performed by medico-rehabilitation commission of experts. Regulations on medico-rehabilitation commissions of experts, and also procedure and criteria of determination of group and the reason of disability, and for persons aged up to 18 years - extents of loss of health affirm Council of Ministers of the Republic of Belarus or the body authorized by it.
The certificate in the form approved by Council of Ministers of the Republic of Belarus is issued to the disabled person. The procedure for certification of the disabled person is determined by legal acts.
Rehabilitation of disabled people is performed according to the legislation based on individual programs of rehabilitation of the disabled people issued by medico-rehabilitation commissions of experts by results of medico-social examination.
The individual program of rehabilitation of the disabled person determines complex of rehabilitation actions, specific types and terms of carrying out rehabilitation of the disabled person, and also contractors, responsible for its carrying out.
The individual program of rehabilitation of the disabled person is obligatory for execution by the relevant state bodies the, and also organizations and individual entrepreneurs who are engaged in rehabilitation of disabled people.
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