Protection of the rights of disabled people in the Russian Federation. General provisions for the social protection of disabled people how a public organization of disabled people can help

Companies are required to employ employees with disabilities. The establishment of a quota for the employment of persons with disabilities is enshrined in Federal Law N 181-FZ "On the Social Protection of the Disabled in the Russian Federation".

Article 21 says: if the organization employs more than 100 people, then employees with disabilities should be 2-4% of the average number of employees. For organizations that employ 35-100 people, the quota for hiring people with disabilities is set at no more than 3% of the average number of employees. The specific percentage is set by the subject.

Direction to quota jobs is carried out by the state employment service. Accordingly, in order to receive such a referral, you should register with the employment service at the place of your registration.

Despite the active work of human rights defenders, cases of non-observance of the interests of persons with disabilities continue to arise. To remedy situations of violations, international agreements are being successfully disseminated - every year an increasing number of countries become parties to agreements of this nature.

International protection of interests: basic documents. UN convention

Protection is implemented in accordance with the provisions of numerous international documents:

• Universal Declaration of Human Rights (December 10, 1948);
• Declaration of the Rights of the Child (November 20, 1959);
• International Covenants on the Rights of the Child (26.07.1966);
• Declaration of the Social Process and Development (12/11/1969);
• Declaration on the Rights of Mentally Retarded Persons (12/20/1971);
• Declaration on the Rights of Persons with Disabilities (December 9, 1975);
• Convention on the Rights of Persons with Disabilities (12/13/2006).

The Convention is a combination of two components: the text itself, reflecting the main elements of the idea, and the Optional Protocol. In March 2007, these positions became available for signing by countries that are members of the UN.

The convention was the first international agreement operating at such a high level. It reflects not only the conditions for the realization of interests for people with disabilities, but also indicates certain categories of people who need help for effective social adaptation.

Ratification of the convention in 2006. Countries-participants of the convention.

Ratification is the recognition of the legal characteristics of an agreement, treaty or other document through the official confirmation of consent by a special body of the party-participant.

In accordance with certain norms of the Constitution of the Russian Federation, any ratified international agreement will have greater legal force than another domestic legislative act - this also applies to aspects of the country's Constitution.

Basic principles of the UN convention

The ratification of the Convention took place with varying degrees of success. As a result, 4 groups of countries were identified, which in one way or another considered it necessary to take part in confirming the ideological and legal aspects of the document:

The Russian Federation belongs to the third group. The government of the country decided to ratify only the Convention itself - the signing of the Optional Protocol was ignored.

This position means that in case of non-compliance with aspects of the Convention, individuals will not be able to apply to a special international Committee after they have failed to satisfy the complaint in domestic state instances.

Declaration 1975

The Declaration was adopted by a General Assembly resolution in 1975, the first agreement signed at the international level and covering all categories of disability.

In terms of the volume of text, this document is clearly inferior to modern variations of the written expression of the protection of the rights of citizens with disabilities - its content is limited to 13 articles.

The Declaration gives a rather vague concept of people with the status of "disabled", therefore, in the future it is clarified by other international documents. As for the main points, the agreement equalizes the main interests of the category of persons in question with the rest of the citizens of the countries and determines their inalienable right to respect for human dignity.

It is worth noting that it was the 1975 Declaration that served as the basis for the creation of the 2006 UN Convention.

Convention for the Protection of Persons with Disabilities

The Convention is an international agreement that establishes the interests and defines the obligations of the parties to the treaty - they include compliance, protection and promotion of the provisions of the document.

The Convention was adopted by the UN in 2006 and entered into force on May 3, 2008 - thirty days after the number of participating countries reached twenty.

At the same time, a Rights Committee was formed to oversee the implementation of the relevant provisions. Persons with disabilities in case of violation of their rights may file a complaint with the Committee for an investigation.

Also, as another effective mechanism for implementing the positions of the agreement, the Conference of the States Parties was formed. The purpose of its activity is to accept and analyze problematic issues of the treaty.

Separately, once again it is worth noting the Optional Protocol - an agreement that is an addition to the Convention. It is aimed at strengthening aspects of the document, and monitors the implementation of the points of the Convention.

The signing of the Protocol provides an opportunity for a disabled person whose rights have not been respected to protect their own rights at the international level.

Rights of people with disabilities in Russia

Federal Law of Russia, art. 181

The protection of persons with disabilities is built not only through international agreements, but also in accordance with internal regulations. In particular, in Russia in 1995 Federal Law No. 181 was adopted, which provides for ensuring the interests of people with disabilities in the social field.

The implementation of the provisions is carried out with the help of special public associations that open and conduct their activities in accordance with the relevant legislative acts.

In turn, the Government of the country undertakes to provide comprehensive assistance to such organizations, to assist in every possible way in the development of the company - this also applies to the allocation of gratuitous additional financing.

Selected representatives of associations take part in the drafting of legislative documents relating to the interests of persons with a disability group.

labor rights

Labor interests defined:

• establishment of a minimum quota of jobs in organizations - determined by the executive bodies of the region of the Russian Federation;
• allocation at the enterprise of separate groups of specialties suitable for disabled people;
• introduction of measures to encourage organizations to accept persons with disabilities;
• compiling additional courses for training disabled people in new professions;
• creation of working conditions in accordance with the parameters of the individual rehabilitation program.

These provisions are specified in Art. 92 of the Labor Code of the Russian Federation - disabled people of categories 1 and 2 can work no more than 35 hours in a working week - while the employer is obliged to pay for their work in accordance with the amount due for a full week. As for the persons of the 3rd group, for them the standard working week is approved - 40 hours.

Important: this fact can be changed if the medical report reflects the need to reduce working hours. Wages are calculated in proportion to actual hours worked.

The standard leave for a disabled person of any group is 30 days. It is also worth noting that Art. 128 of the Labor Code of the Russian Federation obliges the employer to provide unpaid leave for up to 60 days if there are good reasons.

For persons with a hearing impairment, the possibility of free use of the services of a sign language interpreter is available for employment - the availability of such an option and other criteria are determined by local public organizations.

Personal

Personal interests include the right to:

• to equality and non-discrimination,
• for life;
• freedom from cruel and degrading torture;
• to be able to move freely;
• to respect for the individual;
• for citizenship.

In general, they correspond to the rights of any other citizen.

Political

Socio-economic

For persons with disabilities, state social support tools are available, which are established by Federal Law No. 178:

• allocation of vital medicines and medical equipment;
• providing vouchers for treatment - if this is indicated in the conclusion;
• free travel without charging a fee - by railway transport to the place of treatment and back;

Important: payment for these services is carried out from the amount of monthly cash payments.

Cultural

In Art. 19 of the Federal Law No. 181, the state guarantees the provision of the necessary conditions for disabled people to study in an educational institution, which ensures the fulfillment of three areas:

• integration of the individual into society;
• versatile development of the personality and his abilities;
• observance of human interests and freedoms.

Training takes place either according to the general program, or according to the individual characteristics of the disabled person. In the absence of the opportunity to receive education in the relevant organizations, the child can receive knowledge at home.

Also, persons with disabilities can take part in the cultural life of society, participate in sports competitions and spend leisure time at their own discretion.

Health protection

In Art. 11 of the Federal Law No. 181 states that if the individual program for the rehabilitation of a disabled person reflects the need for certain measures, then the Government is obliged to implement them free of charge when they are included in the list (approved by order of the Government of the Russian Federation No. 2347-r).

If it is not possible to fulfill the instructions of a specialist, the disabled person is paid compensation when purchasing equipment or services at his own expense.

A person with disabilities can receive a labor or social pension (FZ No. 173), monthly payments (FZ No. 181) - their amount depends on the assigned group.

Housing, right to additional space

In Art. 17 of the Federal Law No. 181 states: regardless of the assigned category, disabled people can use a discount on payment for living space - at least 50%. Important: this right can only be exercised in relation to the premises of the state or municipal fund.

In addition, the amount for the use of utilities or for the purchase of fuel can be reduced by the same amount. To do this, you will need to provide a certificate of assignment of disability to the organization that collects funds.

In the event that a disabled person has a disease specified in Decree of the Government of the Russian Federation No. 817, then he can apply for additional meters.

It is also worth noting the right to priority assignment of plots for further housing construction according to an individual program or gardening.

Responsibilities of the Disabled

A disabled person is a citizen of the country. The duties of a citizen are reflected in the Constitution:

• comply with the provisions of the Constitution;
• promote the preservation of the historical heritage of the country, nature and the environment;
• pay taxes and fees in favor of the state in the prescribed amount;
• to defend the Fatherland;
• take care of children and parents.

Exemption from any obligation is possible if a citizen is recognized as disabled or incapacitated.

Guardian rights

A guardian is an adult and capable person after this status is approved by the department of guardianship and guardianship at the place of registration of the needy. The latter can be:

• a disabled child recognized as incompetent due to age (less than 18 years old);
• an adult person with the status of "incompetent".

Important: guardianship cannot be carried by parents deprived of their rights, as well as persons with a criminal record under the article of causing harm to health.

The government provides for the provision of monthly financial assistance to guardians in the amount of 1.2 thousand rubles.

Violations of the rights of a disabled person: what is it, where to turn, responsibility and punishment

When determining the violation of interests and rights, the following criteria are taken into account:

• fact of the act- it can be expressed not only in the implementation of any active actions - damage can also be caused by inaction;
• causing harm - indicates that the nature of the activity is directed against society;
• allocation of guilt - occurs by determining the attitude of the violator to his actions and the consequences arising from them. There are two forms - these are non-compliance with the law intentionally or through negligence;
• a responsibility- who ensures the safety of the interests of the disabled.

In case of non-compliance with regulatory legal acts, a disabled person or other interested persons can file a claim with the judicial authorities to restore rights.

If inside the country a person failed to defend his interests, then he needs to apply to the European Court within 6 months, whose activities are regulated by the provisions of the Convention.

On the territory of the Russian Federation there are public associations aimed at assisting the disabled. Therefore, the latter, if necessary, can turn to such organizations - their services are completely free.

In real practice, most of the violations of interests occur in the sphere of labor relations. For example, the employer often ignores the articles of the law regarding the provision of a minimum quota for persons with disabilities or the provision of sufficient working conditions.

In this case, the person concerned must contact the management with a written request to correct the violations. If this does not lead to anything, a disabled person can safely go to a public association, where he will be helped with the preparation of an application, consulted and provided with the services of a permanent representative in the prosecutor's office and court.

As the statistics of court decisions on these issues show, the employer eventually receives a fine, compulsion to pay compensation and provide a workplace or necessary working conditions.

Institutions

Rights Committee

The Committee is a meeting of 18 independent experts who monitor compliance with the provisions of the 2006 Convention in signatory states. The latter, in turn, send reports to the Committee on the successful implementation of the rights of persons with disabilities at regular intervals.

The Protocol to the Convention gives the supervisory authority the power to receive and consider complaints, as well as to investigate them for violations of rights. After that, a remark about non-compliance with the positions of the international agreement is sent to the participating country.

Protection of rights by the prosecutor's office

Separate articles of federal laws and codes of the Russian Federation relate to the observance of rights. Therefore, a citizen in case of violation of his interests can apply to the prosecutor's office with a written statement. Employees of the state instance are obliged to accept it for consideration and, if necessary, open a case under the relevant article.

Further proceedings take place in court, where the plaintiff and the defendant are summoned to clarify the information and protect their own freedom.

Important: before submitting an application, it is recommended to consult a specialist on the issue of interest - this will help to avoid mistakes and achieve greater efficiency from the process.

Society for the Protection of Rights

Society is an association of citizens in the structure of an organization that ensures the protection and observance of rights. The state provides them with support of various kinds.

Also, the tasks of the Society include the provision of medical preparations or equipment to needy persons, assistance for successful integration into society, and psychological services. Depending on the level of activity of the organization, these areas may be supplemented.

The protection of persons with disabilities is being improved every year both at the state level and internationally. Representatives of the Government understand that people with disabilities should not be discriminated against - they are ordinary citizens.

Legislative acts exist to support this position. They are assisted by Committees, public associations and traditional law enforcement agencies.