11

Hungary’s Act XXVI of Hungary’s Act XXVI of 1998 1998

( ON PROVISION OF THE RIGHTS OF ( ON PROVISION OF THE RIGHTS OF PERSONS LIVING WITH DISABILITY PERSONS LIVING WITH DISABILITY 

AND THEIR EQUALITY OF AND THEIR EQUALITY OF OPPORTUNITYOPPORTUNITY))

22

Where is Hungary?Where is Hungary?

33

General Overview of the Hungarian General Overview of the Hungarian RepublicRepublic

Located in Central Eastern Europe Located in Central Eastern Europe Border Austria, Slovakia, Ukraine, Border Austria, Slovakia, Ukraine, Romania, Serbia, Croatia and SloveniaRomania, Serbia, Croatia and Slovenia

Covers an area of 93,030 sq kmCovers an area of 93,030 sq kmPopulation: over 10 millionPopulation: over 10 million

44

DEVELOPENT OF HUNGARY’S DEVELOPENT OF HUNGARY’S EQUALIZATION OPPORTUNITY LAW EQUALIZATION OPPORTUNITY LAW

(ACT XXXVI OF 1998)(ACT XXXVI OF 1998)

HistoryHistoryGeneral Provisions and Basic PrinciplesGeneral Provisions and Basic PrinciplesPurposePurpose

55

DefinitionsDefinitions

““a person living with a disabilitya person living with a disability” – ” – anyone who is to a significant extent or anyone who is to a significant extent or entirely not in possession of a sensory – entirely not in possession of a sensory – particularly sight, hearing, locomotor, or particularly sight, hearing, locomotor, or intellectual – functions, or who is intellectual – functions, or who is substantially restricted in communication substantially restricted in communication and is thereby placed at a permanent and is thereby placed at a permanent disadvantage regarding active disadvantage regarding active participation in the life of society. participation in the life of society.

66

““rehabilitationrehabilitation” ”

a process realized in the health care, a process realized in the health care, mental hygiene, education, training, mental hygiene, education, training, retraining, employment and social welfare retraining, employment and social welfare systems, aimed at developing or systems, aimed at developing or maintaining the level of capability of the maintaining the level of capability of the person living with disability for participation person living with disability for participation in the life of society, and at promoting in the life of society, and at promoting independent living.independent living.

77

““aidaid””

serving to partially or fully make up for the serving to partially or fully make up for the partial or full lack of physical or sensory partial or full lack of physical or sensory capability in persons living with disability capability in persons living with disability

88

““supporting servicesupporting service””

service aimed at promoting independent service aimed at promoting independent living for persons living with disability, at living for persons living with disability, at meeting their everyday needs and realized meeting their everyday needs and realized though personal participationthough personal participation

99

““residential homeresidential home””

form of residence for a small community, form of residence for a small community, promoting independent living for persons promoting independent living for persons living with disability.living with disability.

1010

Chapter 2: Rights to which persons with Chapter 2: Rights to which persons with living with disability are entitled:living with disability are entitled:

Environment Environment Communication Communication Transport Transport Supporting services, aids Supporting services, aids

1111

Target areas for the equalization of Target areas for the equalization of opportunitiesopportunities

Health care Health care Education, Training Education, Training Employment Employment Place of residence Place of residence Culture, Sport Culture, Sport

1212

Hungarian Act XXVI of 1998Hungarian Act XXVI of 1998 andand ADAADA

ADA’s TitleADA’s Title I I v. v. Act XXVI of 1998Act XXVI of 1998

employmentemployment

1313

Hungary’s Act of XXVI of 1998Hungary’s Act of XXVI of 1998and and ADAADA

ADA’s Title IIADA’s Title II v. v. Act XXVI of 1998Act XXVI of 1998

public servicespublic services and and transportationtransportation

Hungary’s Act XXVI of 1998Hungary’s Act XXVI of 1998and and ADAADA

ADA’s Title III v. Act XXVI of 1998ADA’s Title III v. Act XXVI of 1998

Public AccommodationPublic Accommodation and and EnvironmentEnvironment

1515

Hungary’s Act XXVIHungary’s Act XXVI andand

UN Draft Convention on the UN Draft Convention on the Rights of People with Rights of People with

Disabilities Disabilities

(aka Draft Comprehensive and (aka Draft Comprehensive and Integral International Integral International

Convention on the Protection Convention on the Protection and Promotion of the Rights and Promotion of the Rights and Dignity of Persons with and Dignity of Persons with

Disability)Disability)

16

PREAMBLEDraft Article 1: PURPOSEDraft Article 2: GENERAL PRINCIPLESDraft Article 3: DEFINITIONSDraft Article 4: GENERAL OBLIGATIONSDraft Article 5: PROMOTION OF POSITIVE ATTITUDES TO PERSONS WITH DISABILITIES

Draft Article 6: STATISTICS AND DATA COLLECTIONDraft Article 7: EQUALITY AND NON-DISCRIMINATIONDraft Article 8: RIGHT TO LIFEDraft Article 9: EQUAL RECOGNITION AS A PERSON BEFORE THE LAWDraft Article 10: LIBERTY AND SECURITY OF THE PERSONDraft Article 11: FREEDOM FROM TORTURE OR CRUEL, INHUMAN OR DEGRADING TREATMENT OR PUNISHMENT

Draft Article 12: FREEDOM FROM VIOLENCE AND ABUSEDraft Article 13: FREEDOM OF EXPRESSION AND OPINION, AND ACCESS TO INFORMATION

Draft Article 14: RESPECT FOR PRIVACY, THE HOME AND THE FAMILYDraft Article 15: LIVING INDEPENDENTLY AND BEING INCLUDED IN THE COMMUNITYDraft Article 16: CHILDREN WITH DISABILITIESDraft Article 17: EDUCATIONDraft Article 18: PARTICIPATION IN POLITICAL AND PUBLIC LIFEDraft Article 19: ACCESSIBILITYDraft Article 20: PERSONAL MOBILITYDraft Article 21: RIGHT TO HEALTH AND REHABILITATIONDraft Article 22: RIGHT TO WORKDraft Article 23: SOCIAL SECURITY AND AN ADEQUATE STANDARD OF LIVINGDraft Article 24: PARTICIPATION IN CULTURAL LIFE, RECREATION, LEISURE AND SPORTDraft Article 25: MONITORING

1717

Purpose of UN Draft ConventionPurpose of UN Draft Convention

The purpose of this Convention shall be to The purpose of this Convention shall be to ensure the full, effective and equal ensure the full, effective and equal enjoyment of all human rights and enjoyment of all human rights and fundamental freedoms by persons with fundamental freedoms by persons with disabilitiesdisabilities

1818

Purpose of the Hungarian Act XXVI Purpose of the Hungarian Act XXVI of 1998of 1998

1. To Define the rights of persons living 1. To Define the rights of persons living

with disability.with disability.

2. To ensure equality of opportunity.2. To ensure equality of opportunity.

1919

What UN Draft Convention CoversWhat UN Draft Convention Covers

The right to lifeThe right to life Equal recognition before the lawEqual recognition before the law Liberty and security of a personLiberty and security of a person Freedom from violence and abuse; as well as Freedom from violence and abuse; as well as

cruel, inhuman or degrading treatment.cruel, inhuman or degrading treatment. Freedom of expression and opinionFreedom of expression and opinion Children with DisabilitiesChildren with Disabilities Education and participation in public and political Education and participation in public and political

lifelife

2020

What UN Draft Convention CoversWhat UN Draft Convention Covers

AccessibilityAccessibilityPersonal MobilityPersonal MobilityRight to Health and RehabilitationRight to Health and RehabilitationRight to work; social security, and Right to work; social security, and

adequate standard of livingadequate standard of livingParticipation in cultural life, entertainment Participation in cultural life, entertainment

and sportsand sports

2121

What Hungarian Act XXVI coversWhat Hungarian Act XXVI covers

TransportationTransportation Supporting service and aidsSupporting service and aids Health careHealth care EducationEducation EmploymentEmployment Place of residencePlace of residence The right to rehabilitationThe right to rehabilitation Disability supportDisability support Who is going to be assigned in ensuring these Who is going to be assigned in ensuring these

thingsthings

2222

DefinitionsDefinitions(Draft Article 3)(Draft Article 3)

““Accessibility” Accessibility” ““Communication”Communication” ““Disability”Disability” ““Discrimination on the ground of disability”Discrimination on the ground of disability” ““Reasonable Accommodation”Reasonable Accommodation”

2323

““Accessibility”Accessibility”(UN Draft Convention)(UN Draft Convention)

Addressed in Article 19, under “Accessibility”Addressed in Article 19, under “Accessibility” States Parties to this Convention shall take appropriate States Parties to this Convention shall take appropriate 6666

measures tomeasures to 1. identify and eliminate obstacles, and 1. identify and eliminate obstacles, and 2. to ensure accessibility for persons with disabilities to 2. to ensure accessibility for persons with disabilities to a. the builta. the built6767 environment, environment, b. to transportation, b. to transportation,

c. to information and communications, (including information c. to information and communications, (including information and communications technologies), and and communications technologies), and

d. to other services 68 in order to ensure the capacity of d. to other services 68 in order to ensure the capacity of persons with disabilities to live independently and to persons with disabilities to live independently and to

participate fully in all aspects of life.participate fully in all aspects of life.

2424

Facilities covered Facilities covered (under Draft Convention)(under Draft Convention)

Public buildingsPublic buildingsRoadsRoadsOther facilities for public use (schools, Other facilities for public use (schools,

housing, medical facilities, indoor and housing, medical facilities, indoor and outdoor facilities, public workplaces)outdoor facilities, public workplaces)

Public transportation facilitiesPublic transportation facilities

2525

““Accessibility” under Hungarian Accessibility” under Hungarian Act XXVIAct XXVI

Section 5: Section 5:

““The person living with disability has the The person living with disability has the right to a man-made environment that right to a man-made environment that presents no obstacles, can be perceived presents no obstacles, can be perceived and is safe”and is safe”

The right above applies particularly to The right above applies particularly to orientation trafficorientation traffic and the and the man-made man-made environmentenvironment..

2626

““Communication”Communication”(UN Draft Convention – Article 3)(UN Draft Convention – Article 3)

"Communication" includes oral-aural communication, "Communication" includes oral-aural communication, communication using:communication using:

1. sign language, 1. sign language, 2. tactile communication, 2. tactile communication, 3. Braille, 3. Braille, 4. large print, 4. large print, 5. audio, 5. audio, 6. accessible multimedia, 6. accessible multimedia, 7. human reader (and other augmentative or alternative 7. human reader (and other augmentative or alternative

modes of communication, including accessible modes of communication, including accessible information and communication technology). information and communication technology).

2727

““Communication”Communication”(Hungarian Act XXVI)(Hungarian Act XXVI)

Section 6: Section 6: Accessibility to informationAccessibility to information Persons living with disability, their family members Persons living with disability, their family members

and helpers must be ensured the possibility of and helpers must be ensured the possibility of access to:access to:

a. a. information of public interestinformation of public interest, as well as to , as well as to

b. information related to the rightsb. information related to the rights to which to which the disabled are entitledthe disabled are entitled and the services and the services provided for them.provided for them. Information is accessible if disabled person can Information is accessible if disabled person can

perceive it and if it ensures him of the possibility of perceive it and if it ensures him of the possibility of appropriate interpretation.appropriate interpretation.

2828

““Disability”Disability”(UN Draft Convention – Article 3)(UN Draft Convention – Article 3)

•• Footnote 12Footnote 12

2929

““Disability”Disability”(Hungarian Act XXVI)(Hungarian Act XXVI)

Section 4: “Person living with Disability”Section 4: “Person living with Disability”

Anyone who is to a significant extent or entirely Anyone who is to a significant extent or entirely not in possession of:not in possession of:

a. sensory-particularly sight, hearing-locomotor a. sensory-particularly sight, hearing-locomotor

or intellectual functions, or intellectual functions, b. or who is substantially restricted in b. or who is substantially restricted in communication and is thereby placed at a communication and is thereby placed at a permanent disadvantage regarding active permanent disadvantage regarding active participation in the life of societyparticipation in the life of society

3030

““Discrimination”Discrimination”(UN Draft Convention)(UN Draft Convention)

Discrimination shall mean any distinction, Discrimination shall mean any distinction, exclusion or restriction which has the purpose exclusion or restriction which has the purpose or effect of impairing or nullifying the or effect of impairing or nullifying the recognition, enjoyment or exercise by persons recognition, enjoyment or exercise by persons with disabilities, on an equal footing, of all with disabilities, on an equal footing, of all human rights and fundamental freedoms. human rights and fundamental freedoms.

Discrimination shall include all forms of Discrimination shall include all forms of discrimination, including direct, indirect 24 and discrimination, including direct, indirect 24 and systemic, and shall also include discrimination systemic, and shall also include discrimination based on an actual or perceived25 disability. based on an actual or perceived25 disability.

3131

““Reasonable Accommodation”Reasonable Accommodation”(UN Draft Convention)(UN Draft Convention)

Footnote 27Footnote 27

3232

““Reasonable Accommodation”Reasonable Accommodation”(Hungarian Act XXVI of 1998)(Hungarian Act XXVI of 1998)

Used in employment and transportationUsed in employment and transportation

3333

Government Entities Assigned to Government Entities Assigned to oversee these provisions:oversee these provisions:

National Disability Affairs CouncilNational Disability Affairs Council

National Disability Affairs ProgramNational Disability Affairs Program

3434

National Disability Affairs CouncilNational Disability Affairs Council

Takes initiativesTakes initiativesMakes proposalsMakes proposalsGives opinions (on draft regulations)Gives opinions (on draft regulations)Co-ordinates in decision-makingCo-ordinates in decision-makingCarries out and evaluates implementation Carries out and evaluates implementation

of programof programRegularly informs the govt. on the current Regularly informs the govt. on the current

life situation of people with disabilitieslife situation of people with disabilities

3535

National Disability Affairs ProgramNational Disability Affairs Program

Presents the social situation of people Presents the social situation of people living with disabilityliving with disability

Identifies the aims related to rehabilitationIdentifies the aims related to rehabilitationPlans the tasks needed to bring about the Plans the tasks needed to bring about the

change in social attitudeschange in social attitudes Identifies the conditions needed to Identifies the conditions needed to

improve the quality of lifeimprove the quality of lifeThis program is adopted by the Parliament This program is adopted by the Parliament

which re-examines resolutions every 4 yrs.which re-examines resolutions every 4 yrs.

3636

ComparisonComparisonComparisonComparison

Place of ResidencePlace of ResidenceEmploymentEmploymentSports/RecreationSports/RecreationAccess to InformationAccess to InformationRehabilitationRehabilitationDisability SupportDisability SupportEducationEducationTransportationTransportation

3737

ConclusionConclusion

3838

Useful Links to Disability issues in Useful Links to Disability issues in HungaryHungary

http://www.talkingcities.co.uk/budapest_pages/essentials_df.htmhttp://www.talkingcities.co.uk/budapest_pages/essentials_df.htm http://www.dpi.org/en/locations/national_assemblies/details.php?http://www.dpi.org/en/locations/national_assemblies/details.php?

countryID=52countryID=52

http://www.budapestsun.com/full_story.asp?ArticleId=http://www.budapestsun.com/full_story.asp?ArticleId=%7b9E3AB3C7B118406EB55F455B3E7AF75A%7b9E3AB3C7B118406EB55F455B3E7AF75A%7d&From=Business%7d&From=Business

http://www.budapestsun.com/full_story.asp?ArticleId=http://www.budapestsun.com/full_story.asp?ArticleId=%7b082A9C22B8A648709CD3571841F65757%7d&From=News%7b082A9C22B8A648709CD3571841F65757%7d&From=News

http://www.budapestsun.com/full_story.asp?ArticleId=http://www.budapestsun.com/full_story.asp?ArticleId=%7bBDFA83E6E5194E86828DFB54EF09A7C1%7d&From=News%7bBDFA83E6E5194E86828DFB54EF09A7C1%7d&From=News

http://www.bkv.hu/angol/mozgaskorlatozott/index.htmlhttp://www.bkv.hu/angol/mozgaskorlatozott/index.html http://www.independentliving.org/donet/http://www.independentliving.org/donet/ http://www.inclusion-europe.org/documents/334.pdfhttp://www.inclusion-europe.org/documents/334.pdf http://www.mdac.info/documents/P%20R%20E%20S%20S%20%20%20Rhttp://www.mdac.info/documents/P%20R%20E%20S%20S%20%20%20R

%20E%20L%20E%20A%20S%20E.doc%20E%20L%20E%20A%20S%20E.doc