of December 29, 2010 No. 675
About social protection of disabled people
This Law determines legal, economic and organizational basis of ensuring social protection of disabled people and creates it equal opportunities for activity and integration into society.
In this Law the following basic concepts are used:
- the disabled person - person having the violation of health with permanent disorder of functions of organism caused by the diseases, injuries, physical and intellectual defects which led to activity restriction, and causing the necessity in its social protection;
- the handicapped child - person aged up to 18 years, being the disabled person;
- activity restriction - complete or partial loss of capability or opportunity by person to perform self-service. to independently move, communicate, be guided, to control the behavior, to study and be engaged in labor activity;
- disability - extent of restriction of activity of the person owing to violation of health with permanent disorder of functions of organism;
- medico-social examination - determination in accordance with the established procedure needs of osvidetelstvuyemy person for measures of social protection, including rehabilitation, on the basis of assessment of extent of restriction of activity, the functions of organism caused by permanent frustration;
- rehabilitation of disabled people - system and process of complete or partial recovery of capabilities of disabled people to household, public and professional activity for the purpose of social adaptation of disabled people, achievement by them of material independence and their integration into society;
- the individual program of rehabilitation of the disabled person - the complex of rehabilitation actions, optimum for the disabled person, including separate types, forms, amounts, terms and procedure for realization of the medical, professional and other rehabilitation measures directed to recovery, compensation of capabilities of the disabled person to accomplishment of certain types of activity;
- special workplaces for employment the invalidovrabochy places equipped taking into account individual opportunities of disabled people;
- social protection of disabled people - the system of the economic, social and legal measures guaranteed by the state providing to disabled people of condition for elimination, replacement (compensation) of restrictions of activity and directed to creation to them opportunities of participation in life of society, equal with other citizens.
The legislation of the Republic of Tajikistan on social protection of disabled people is based on the Constitution of the Republic of Tajikistan and consists of this Law, other regulatory legal acts of the Republic of Tajikistan, and also the international legal acts recognized by Tajikistan.
State policy of the Republic of Tajikistan in the field of social protection of disabled people is performed, based on the following principles:
- legality, humanity, respect for human rights;
- guarantees of necessary level of social protection, ensuring availability of medical, social and employment rehabilitation;
- availability and equality of disabled people along with other citizens on health protection, education, rest, travel and the free choice of kind of activity, including labor;
- interactions of state bodies with the public associations and other organizations performing activities in the sphere of protection of legitimate rights and interests of disabled people;
- prohibitions of discrimination of disabled people.
In the field of social protection of disabled people are included into power of the Government of the Republic of Tajikistan:
- determination of the main directions of state policy in the field of social protection of disabled people:
- acceptance of regulatory legal acts in the field of social protection of disabled people;
- adoption of the state program of social protection of disabled people;
- approval of the Procedure for introduction of quota for employment of disabled people;
- forming of Coordination council in the sphere of social protection of disabled people;
- other powers according to the legislation of the Republic of Tajikistan.
In the field of social protection of disabled people are included into power of authorized state body:
- development of regulatory legal acts in the field of social protection of disabled people, and also in the sphere of the organization of medico-social examination;
- organizational and methodical coordination of activities of state bodies and other organizations for social protection of disabled people;
- approval of Rules of conducting medico-social examination together with authorized body in health sector;
- conducting medico-social examination and determination of group of disability taking into account extent of disorder of functions of organism and restriction of activity, the reasons, duration, time of approach of disability and extent of disability;
- adoption of individual programs of rehabilitation of disabled people and ensuring control on their realization;
- carrying out scientific research and developmental works in the field of social protection of disabled people;
- studying of the reasons, conditions and condition of disability and carrying out monitoring;
- organization of advanced training of workers of the sphere of social protection of disabled people, including workers of medikosotsialny examination and specialists of training in sign language;
- implementation of measures for rendering social services and address public assistance to disabled people;
- forming of centralized information databank of disabled people;
- ensuring compliance with the legislation of the Republic of Tajikistan in the sphere of social protection of disabled people.
On social protection of disabled people are included into power of authorized state body of health sector:
- implementation of measures for forming of healthy lifestyle and to the prevention of disability;
- determination of sample of the direction for passing of medikosotsialny examination, survey (survey) and treatment of disabled people;
- implementation of medical rehabilitation of disabled people according to individual programs of rehabilitation of disabled people;
- ensuring professional training and retraining of personnel in the field of medico-social examination;
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