As you know, such a category of the population as people with disabilities is the most unprotected. This is due to certain restrictions in the field of their activity. Russia in its legislative framework provides protection of the rights of persons with disabilities in all sectors of life. What kind of additional opportunities and benefits do Russian disabled people have? More on this later.
General concept
Who does the law recognize as invalid? The regulatory legal acts that are currently in force in Russia offer a clear definition of such a thing as “disabled person”. The legislator determines that such is, first of all, a person who has some physical or other pronounced deviations. Other abnormalities are mental, sensory, or mental.
All people with disabilities are divided into several groups, depending on the severity of the injury and disability. The most significant is the third group, when a person is deprived of physical activity and is not able to independently carry out certain vital actions. The simplest disability group is the first.
A separate group of legislators considers children with disabilities. For this category in Russia there are special features that are also enshrined in law.
Normative acts
All special rights and opportunities of persons with disabilities are reflected in legislative acts. In the Russian Federation, both domestic and international laws apply to persons of this category. In the first case, the main regulatory act is the Federal Law "On the Protection of the Rights of Persons with Disabilities". It reveals the essence of the features provided for the life of this category of population.
With regard to international law, the concept of additional rights of persons with disabilities is widely discussed in the Convention for the Protection of the Rights of Persons with Disabilities, on the basis of which Russian legislation is often interpreted in relation to such issues. Attention of lawyers and ordinary readers, it presents 50 articles that gradually describe all the possibilities that people with disabilities can use.
In addition to these basic documents, Russian legislation has a host of industry laws that spell additional rights for people with disabilities. Those are: Labor Code, Family, Housing, as well as some other codes.
Labor law
The protection of the rights of persons with disabilities in the Russian Federation is widely covered in labor legislation. People conducting legal labor activities have the right to work for less time than an ordinary person - for 7 hours a day. In total, the weekly length of labor hours is 35. In this case, the employer is obliged to pay wages in full, as for an employee who performs the same duties within 8 hours a day.
Regarding rest time, the disabled person is entitled to a 30-day vacation, which must be granted every year. Moreover, such an employee has the right to use the opportunity of free leave, the duration of which in total should not exceed 30 days per year.
At any enterprise, the employer must properly equip a place for the performance of labor duties by a disabled person, moreover, in accordance with his physical characteristics. In addition, the law prohibits the use of labor of this category of employees in overtime, night work, as well as on holidays and weekends.This option is permitted only with the written consent of the disabled person.
In order to ensure that the employment of people with disabilities is not problematic, the state obliges many categories of employers to organize workplaces for people with disabilities at their enterprises, institutions and organizations. For this, quotas are set. In the process of downsizing, the removal of such employees is prohibited - this also includes protecting the labor rights of persons with disabilities.
Housing Law
In the area of housing legislation, some benefits are also offered for such an unprotected population. The Russian law on the protection of the rights of persons with disabilities states that some groups of people have the right to a separate housing area, their final list is proposed in the article of this regulatory legal act. These include people with an active form of tuberculosis, as well as those who move in wheelchairs, having deviations in the function of the musculoskeletal system. In addition, separate housing is provided for mentally ill persons, for whom the need for supervision by other persons is established without fail. Persons with severe forms of kidney damage and those who have recently undergone bone marrow or other organ transplant surgeries should also be provided with separate housing, equipped according to special requirements.
Housing law also provides for the protection of the rights of persons with disabilities who do not suffer from the above diseases. They can receive out-of-order housing or a summer cottage with land for housekeeping. In addition, persons with disabilities have the right to pay for all housing services in the amount of 50% of the total cost.
Family law
The Law on the Protection of the Rights of Persons with Disabilities in the Russian Federation guarantees some opportunities for people with disabilities in the inheritance industry. So, in the process of dividing the inheritance, even if the person with a disability is not registered in the will, he must be given a share of all goods in the amount of at least 2/3. In the event that the will is absent, such an heir receives benefits in equal parts with the rest.
In the Family Code there is a note that in the event of a divorce, a disabled person has the right to demand support from a former spouse or spouse. However, you can refuse this opportunity.
Education system
In the education system, the state also protects the rights of persons with disabilities. In particular, this is expressed in providing opportunities for students with disabilities to receive special technical means for training. In addition, they are entitled to a special scholarship, as well as the possibility of training according to a special program drawn up taking into account the abilities of the person. Disabled applicants are eligible for extraordinary admission to the ranks of students in all higher educational institutions of Russia.
During the session on each exam, a student with disabilities has extra time to prepare for the answer.
Children with disabilities have the right to attend specialized school and preschool institutions, which offer a full range of conditions created taking into account certain physical disabilities of a person. In order to exercise this right, parents must send their child to undergo a special medical commission, as a result of which a certificate is required for admission to institutions of this nature.
Healthcare industry
The federal law on the social protection of the rights of persons with disabilities provides protection for such a population in the healthcare sector. In accordance with its standards, any disabled person has the right to preferential provision with drugs that are necessary to maintain his normal life, as well as medical and technical means and some personal hygiene items, a list of which is determined separately for each group.If prosthetics are necessary, it is also carried out at the expense of state funds.
Every year, the local social insurance fund is obliged to provide a one-time ticket to the sanatorium with payment for accommodation, meals and travel on both sides.
Cultural sector
Legislative acts that regulate the activities of cultural institutions of various kinds also offer a number of opportunities that are provided in order to protect the rights of persons with disabilities.
First of all, in such normative legal acts it is indicated that unimpeded access in the form of the availability of special means should be provided in each cultural institution. In particular, ramps and lifts can serve as an example of this.
Tickets for attending cultural events at government offices are also offered at an additional discount. This is especially true of museums, where access for disabled people is available at a discount of 50%.
The broadcasting system also provides additional opportunities for such a population. In particular, this applies to telecasts, during which an interpretation is carried out, and a running line is also offered.
Pension provision
The Federal Law on the Protection of the Rights of Persons with Disabilities provides for a wide range of possibilities in the provision of pensions. So, any disabled person who has not worked the necessary length of service necessary to receive a pension has the right to receive a social pension until he reaches retirement age. In addition, all representatives of this group who have at least one day of service in their workbook receive a disability pension calculated according to a separate program.
Tax law
In the field of tax legislation, protection of the rights of persons with disabilities in the Russian Federation is also provided. The range of its actions is relatively small, but the activities of the state in this area are positively evaluated by representatives of this category.
Persons with disabilities in the Russian Federation have the right to take advantage of the social tax deduction. In addition, each person with disabilities can be exempted from paying land tax.
Tax legislation provides for full exemption from the payment of state duty, provided that disabled person I or II applies to the court with a lawsuit, the price of which is not more than 1 million rubles.
Protecting the rights of children with disabilities
State activities in this area are the most relevant. This is due to the fact that children with disabilities are a particularly vulnerable group of the population that needs additional protection of their rights.
The Law on the Protection of the Rights of Persons with Disabilities provides for the possibility of applying for a child with a separate pension, for which a pension fund should be applied. In addition, representatives of this group can use all utilities services at a discount of 50%, as well as utilities on the same terms.
According to prescriptions of doctors, a disabled child can receive free medicines that are needed to maintain a normal level of life and activity. In public transport, a disabled child can travel completely free of charge, subject to the presentation of an appropriate certificate.
Society for the Protection of the Rights of Persons with Disabilities
In the system of public organizations of Russia, there is a separate society that is developing new programs to improve the lives of people with disabilities, as well as monitoring the proper implementation of laws on the rights of persons with disabilities and guarantees for them. This structure has branches throughout the Russian Federation, so any representative of this population group has the right to seek help or advice.
Social protection of the rights of persons with disabilities by this group is provided on a voluntary basis. As part of its activities, charity funds are collected for treatment or the provision of special technical supplies.In addition, the organization is developing new programs to ensure a higher standard of living for category representatives. Any person has the full right to apply to this structure at his place of residence in order to protect the rights of persons with disabilities, as a team of professional lawyers specializing in solving such issues works in society.
Social help
The legislation of the Russian Federation also guarantees the provision of social assistance for persons with disabilities of different groups. As a rule, it is aimed at people who are in financial difficulties.
Within the framework of such opportunities, a poor person with disabilities has the full right to receive food packages, material assistance, and clothing from social services. In order to apply this benefit in practice, you must provide the service located in the building of the executive committee of the place of residence with a statement of the appropriate content, a certificate indicating the presence of disability, as well as its group and, in addition, a certificate of family composition and its material position.
Everyone with disabilities can get the opportunity to stay in social services, rest homes, as well as in rehabilitation centers. In addition, if necessary, all needy people with disabilities can be provided with a temporary shelter, which organizes everything that is needed for a comfortable stay.
Responsibility for discrimination against persons with disabilities
In order to ensure an adequate and adequate standard of living for people with disabilities, the law criminalizes harassment and discrimination. This article was introduced into the Criminal Code of the Russian Federation on the basis of a similar provision in article 5 of the UN Convention on the Rights of Persons with Disabilities. It refers to the complete prohibition of discrimination against persons with disabilities and their infringement of their rights. It is on the basis of this provision and the article in the Criminal Code that any disabled person has the full right to apply to the court with a statement on the protection of his rights in any sphere of life. As practice shows, most often harassment of people with disabilities is carried out in the labor sphere, which is associated with the employer's reluctance to use hired labor of this group of the population.
