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Hungary’s Act XXVI of 1998

Hungary’s Act XXVI of 1998. ( ON PROVISION OF THE RIGHTS OF PERSONS LIVING WITH DISABILITY  AND THEIR EQUALITY OF OPPORTUNITY ). Where is Hungary?. General Overview of the Hungarian Republic.

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Hungary’s Act XXVI of 1998

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  1. Hungary’s Act XXVI of 1998 ( ON PROVISION OF THE RIGHTS OF PERSONS LIVING WITH DISABILITY AND THEIR EQUALITY OF OPPORTUNITY)

  2. Where is Hungary?

  3. General Overview of the Hungarian Republic • Located in Central Eastern Europe Border Austria, Slovakia, Ukraine, Romania, Serbia, Croatia and Slovenia • Covers an area of 93,030 sq km • Population: over 10 million

  4. DEVELOPENT OF HUNGARY’S EQUALIZATION OPPORTUNITY LAW (ACT XXXVI OF 1998) • History • General Provisions and Basic Principles • Purpose

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

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

  7. “aid” • serving to partially or fully make up for the partial or full lack of physical or sensory capability in persons living with disability

  8. “supporting service” • service aimed at promoting independent living for persons living with disability, at meeting their everyday needs and realized though personal participation

  9. “residential home” • form of residence for a small community, promoting independent living for persons living with disability.

  10. Chapter 2: Rights to which persons with living with disability are entitled: • Environment • Communication • Transport • Supporting services, aids

  11. Target areas for the equalization of opportunities • Health care • Education, Training • Employment • Place of residence • Culture, Sport

  12. Hungarian Act XXVI of 1998andADA • ADA’s Title I v. Act XXVI of 1998 employment

  13. Hungary’s Act of XXVI of 1998and ADA • ADA’s Title II v. Act XXVI of 1998 public services and transportation

  14. Hungary’s Act XXVI of 1998and ADA • ADA’s Title III v. Act XXVI of 1998 Public Accommodation and Environment

  15. Hungary’s Act XXVIandUN Draft Convention on the Rights of People with Disabilities (aka Draft Comprehensive and Integral International Convention on the Protection and Promotion of the Rights and Dignity of Persons with 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 DISABILITIESDraft 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 PUNISHMENTDraft Article 12: FREEDOM FROM VIOLENCE AND ABUSEDraft Article 13: FREEDOM OF EXPRESSION AND OPINION, AND ACCESS TO INFORMATIONDraft 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

  17. Purpose of UN Draft Convention The purpose of this Convention shall be to ensure the full, effective and equal enjoyment of all human rights and fundamental freedoms by persons with disabilities

  18. Purpose of the Hungarian Act XXVI of 1998 1. To Define the rights of persons living with disability. 2. To ensure equality of opportunity.

  19. What UN Draft Convention Covers • The right to life • Equal recognition before the law • Liberty and security of a person • Freedom from violence and abuse; as well as cruel, inhuman or degrading treatment. • Freedom of expression and opinion • Children with Disabilities • Education and participation in public and political life

  20. What UN Draft Convention Covers • Accessibility • Personal Mobility • Right to Health and Rehabilitation • Right to work; social security, and adequate standard of living • Participation in cultural life, entertainment and sports

  21. What Hungarian Act XXVI covers • Transportation • Supporting service and aids • Health care • Education • Employment • Place of residence • The right to rehabilitation • Disability support • Who is going to be assigned in ensuring these things

  22. Definitions(Draft Article 3) • “Accessibility” • “Communication” • “Disability” • “Discrimination on the ground of disability” • “Reasonable Accommodation”

  23. “Accessibility”(UN Draft Convention) • Addressed in Article 19, under “Accessibility” • States Parties to this Convention shall take appropriate 66 measures to • 1. identify and eliminate obstacles, and • 2. to ensure accessibility for persons with disabilities to a. the built67 environment, b. to transportation, c. to information and communications, (including information and communications technologies), and d. to other services 68 in order to ensure the capacity of persons with disabilities to live independently and to participate fully in all aspects of life.

  24. Facilities covered (under Draft Convention) • Public buildings • Roads • Other facilities for public use (schools, housing, medical facilities, indoor and outdoor facilities, public workplaces) • Public transportation facilities

  25. “Accessibility” under Hungarian Act XXVI • Section 5: • “The person living with disability has the right to a man-made environment that presents no obstacles, can be perceived and is safe” • The right above applies particularly to orientation traffic and the man-made environment.

  26. “Communication”(UN Draft Convention – Article 3) • "Communication" includes oral-aural communication, communication using: 1. sign language, 2. tactile communication, 3. Braille, 4. large print, 5. audio, 6. accessible multimedia, 7. human reader (and other augmentative or alternative modes of communication, including accessible information and communication technology).

  27. “Communication”(Hungarian Act XXVI) • Section 6: Accessibility to information • Persons living with disability, their family members and helpers must be ensured the possibility of access to: a. information of public interest, as well as to b. information related to the rights to which the disabled are entitled and the services provided for them. • Information is accessible if disabled person can perceive it and if it ensures him of the possibility of appropriate interpretation.

  28. “Disability”(UN Draft Convention – Article 3) • Footnote 12

  29. “Disability”(Hungarian Act XXVI) • Section 4: “Person living with Disability” • Anyone who is to a significant extent or entirely not in possession of: a. sensory-particularly sight, hearing-locomotor or intellectual functions, b. or who is substantially restricted in communication and is thereby placed at a permanent disadvantage regarding active participation in the life of society

  30. “Discrimination”(UN Draft Convention) • Discrimination shall mean any distinction, exclusion or restriction which has the purpose or effect of impairing or nullifying the recognition, enjoyment or exercise by persons with disabilities, on an equal footing, of all human rights and fundamental freedoms. • Discrimination shall include all forms of discrimination, including direct, indirect 24 and systemic, and shall also include discrimination based on an actual or perceived25 disability.

  31. “Reasonable Accommodation”(UN Draft Convention) Footnote 27

  32. “Reasonable Accommodation”(Hungarian Act XXVI of 1998) • Used in employment and transportation

  33. Government Entities Assigned to oversee these provisions: • National Disability Affairs Council • National Disability Affairs Program

  34. National Disability Affairs Council • Takes initiatives • Makes proposals • Gives opinions (on draft regulations) • Co-ordinates in decision-making • Carries out and evaluates implementation of program • Regularly informs the govt. on the current life situation of people with disabilities

  35. National Disability Affairs Program • Presents the social situation of people living with disability • Identifies the aims related to rehabilitation • Plans the tasks needed to bring about the change in social attitudes • Identifies the conditions needed to improve the quality of life • This program is adopted by the Parliament which re-examines resolutions every 4 yrs.

  36. Comparison • Place of Residence • Employment • Sports/Recreation • Access to Information • Rehabilitation • Disability Support • Education • Transportation

  37. Conclusion

  38. Useful Links to Disability issues in Hungary • http://www.talkingcities.co.uk/budapest_pages/essentials_df.htm • http://www.dpi.org/en/locations/national_assemblies/details.php?countryID=52 • http://www.budapestsun.com/full_story.asp?ArticleId=%7b9E3AB3C7B118406EB55F455B3E7AF75A%7d&From=Business • http://www.budapestsun.com/full_story.asp?ArticleId=%7b082A9C22B8A648709CD3571841F65757%7d&From=News • http://www.budapestsun.com/full_story.asp?ArticleId=%7bBDFA83E6E5194E86828DFB54EF09A7C1%7d&From=News • http://www.bkv.hu/angol/mozgaskorlatozott/index.html • http://www.independentliving.org/donet/ • http://www.inclusion-europe.org/documents/334.pdf • http://www.mdac.info/documents/P%20R%20E%20S%20S%20%20%20R%20E%20L%20E%20A%20S%20E.doc

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