Law on guarantees of the rights of persons with disabilities since the General Council at its session of 17 October 2002, has approved the following: law on the guarantee of the rights of persons with disabilities preamble the Andorran State has established in recent years, a number of provisions in favour of people with disabilities. However, the current regulations, which is scattered and comes from different times, presents a confusing and inconsistent.
Meanwhile, the United Nations have given this area a large body of provisions and recommendations to Member States, to which Andorra has been adjusted. It is necessary to refer to the relationship and importance to the field of disability, in the universal declaration of human rights (1948), the Convention of the rights of the child (1989), the Declaration of the rights of the mentally retarded (1971) and the Declaration of the rights of disabled persons (1975). From a technical point of view, it also has to take into account the international classification of impairments, disabilities and must, published by the who in 1980, and for the planning of actions are points of reference required the program of action for persons with disabilities and the Uniform Rules on the Equalization of opportunities for persons with disabilities, approved by the General Assembly of the United Nations , by resolutions 37/52 of 3 December 1982, and 48/96 of 20 December 1993, respectively.
The Constitution of the Principality of Andorra proclaims a set of rights and duties that affect all citizens and, therefore, also the ones that have some type of disability. Currently, these rights are regulated by the corresponding sectorial provisions, such as the regulation of employment, approved by the General Council on July 17 and 22 December 1978, with later modifications; the general law of health, of March 20, 1989; the qualified law of education, on 3 September 1993; the law of 6 April 1995, the accessibility; the law regulating vocational training by learning in the company of 11 July 1996; the national plan of social services, of 25 September 1995; the general regulation of the Caixa Andorrana de Seguretat Social (CASS), and norms of development; However, lack an update and a link that give coherence and provided to this group the real exercise of these rights.
All this justifies the establishment of a global framework law that would unify the principles, terminology and the performance criteria, set the General measures necessary to ensure the rights that correspond to persons with disabilities, and according to the guidelines and recommendations of the United Nations.
The drafting of the law has been dominated by the principle of full participation, proclaimed by the United Nations program. For this reason, the Government was formed, following the agreement of September 22, 1998, two working groups, one of the institutional and technical one, through which it has channelled the participation and viewed the people affected and their families, civic organizations working in this field, professionals and technicians, as well as the ministries involved and the Caixa Andorrana de Seguretat Social. At the same time, we have taken into account the trends of the European social policy and regulatory models that exist in the area of disability.
However, it is not a special law for this group, which could be marginadora itself, but to establish a set of warranty devices that act in different environments that affect the lives of these people and in equality of conditions for the effective exercise of their rights and duties.
That is to say, adopt measures to eliminate any discriminatory practice by reason of disability and establish additional measures guarantee, which should be deployed in accordance with the principle of normality, the Government, by the different ministries, from the common and from other organizations and agencies.
In accordance with the provisions of article 40 of the Constitution, article 19.4. a) and 22 of the law, relating to the conditions of access to places of work of the public administration and the civil capacity to act for people with disabilities, have the rank of qualified, while the rest of the law does not hold this character since it does not refer to the fundamental rights of the individual and public freedoms and political rights of the andorrans regulated in the chapters III and IV of Title II of the Constitution.
The law devotes the first chapter to general aspects, which include the object, principles, subjects and basic definitions that start from the Catalan translation of the concepts of the who said. In the second chapter deals with the prevention of dysfunctions and the detection, diagnosis and early care. In the following chapters are listed the different rights and the measures of protection and security. Here it should be noted that for effective social protection of this group of citizens has been chosen to do so through the mechanisms of the Andorran social security. The last chapter refers to the organizational aspects, which refers to the creation of a National Commission to assess and guide the people with disabilities and establishes a Council of participation of those affected.
Are added to the law two additional provisions, which specify the scope of the right to food, and regulate the accessibility to the visually impaired people accompanied by a guide dog; then, a transitory provision recognizes acquired rights, especially of those receiving pensions for adults with disabilities and/or mental; and in the final provisions notes the pace of implementation of the law and States that the Government should draw up a draft law that regulates in general the inability and the monitoring system.
Chapter i. General provisions Article 1 object of the law 1. The object of this law is to ensure that people with disabilities enjoy their rights and their freedoms and to exercise the duties that correspond as citizens and that requires human dignity, and also to avoid any kind of discrimination for reasons of disability.
2. To achieve this goal, establish the following measures: to) fix the principles of action in the field of disability and unifies terminology and the content of the basic concepts.
b) establish preventive programs to avoid malfunctions, are specified
actions and programs to reduce disabilities, represent other devices of equal opportunities and the fight against social exclusion by alleviating the must, and for those with severe limitations are planned maintenance assistance services.
c) are General and specific mechanisms aimed at ensuring the effectiveness of access to rights as far as possible given the limitations of the person, as well as protection and guardianship when the person cannot govern their actions.
Article 2 Definitions 1. The legal rules and the official technical documents they have to stick to the international classification of impairments, disabilities and must, in accordance with the following definitions: a) "Dysfunction": is any loss or abnormality of psychological, physiological or anatomical structure or function.
b) "Disability" is any restriction or lack of ability to perform an activity, in the manner and in the field considered normal humans, as a result of dysfunction.
c) "Handicap": it is a disadvantage for a certain person, it is a dysfunction or a disability, that limits or prevents the fulfillment of a role considered normal for this specific person, depending on factors related to age, sex and social and cultural aspects.
2. As a generic term, which encompasses the three previous concepts, used "disability" or "disability" and "disabled person" or "person with a disability".
3. The public actions that are carried out in the field of disability must conform to the following: a) "prevention": are those measures that are intended to prevent the occurrence of mental, physical and sensory dysfunctions (primary prevention) or prevent the dysfunction, once produced, have a negative physical, psychological and social consequences.
b) "Rehabilitation": is a process-oriented and time-limited with the aim to facilitate a disabled person to reach an optimum level from the functional point of view, mental, physical and/or social, offering you the tools to change your own life.
c) "equality of opportunities": is the process through which the general system of society, such as the physical and cultural environment, housing and transport, social services and health, employment and educational opportunities and the cultural and social life, including sports and recreational facilities, it is accessible to everyone.
d) "Maintenance Support": these are extraordinary measures and personal assistance, including technical, they need people with serious limitations.
Article 3 principles of action The principles of action are the following: 1. Guiding principles: a) equal rights, duties and opportunities, so that they avoid any type of discrimination.
b) full integration in society and active participation in the community.
c) Normality in the lives of people with disabilities and in the use of the services and equipment.
d) autonomy of people with disabilities and individual attention, promoting all the capabilities.
e) individual and collective Participation of people with disabilities, either directly or, when possible, through their legal representatives in the decision-making processes that affect them.
f) shared responsibility of people with discapacacitat, their families, civic organizations and the public authorities in the guarantee of rights and in the fight against any type of discrimination.
g) State Subsidiarity, in relation to families and the civic and social protection organizations acting in the field of disability.
The State remains the final guarantor of rights when people with disabilities, their families, or civic or social protection do not have adequate means to make them effective.
h) Under public supervision and, especially in the cases of people lacking family or with serious limitations.
2. Operating Principles: a) priority to preventive actions, to care in the community about the internment and to training and occupational integration on economic aid.
b) adaptation of the environment, through the civic awareness on the needs and potential of the collective and the adoption of measures to adapt the environment to the needs of the disabled person.
c) quality of all the services and facilities in the field of disability, guaranteed by the Government and the communes, in accordance with the respective powers, by means of the licences and control actions and follow-up.
d) integration of persons with disabilities in educational institutions, cultural, and general social, except when by the characteristics of the dysfunction, disability or handicap require a focus on special services and centres.
The application of all the principles listed in this article will have to adjust to the real possibilities of each person with a disability.
Article 4 scope of application 1. This law is applicable to Andorran residents effectively in Andorra and to foreigners with legal residence who meet the requirements established in this law.
2. For the purposes of this Act are deemed to be persons with disabilities those to a handicap, disability and dysfunction have specific needs that make record of measures and actions to achieve equality of opportunity. In general they have to fix the regulations the characteristics or the degrees of damaging the physical, mental or sensory capabilities, as well as the other factors really forming only of the handicap, of the people who apply this law.
3. In the determination of the owners of the rights of foreigners must take into account the international agreements and treaties that have, as well as the principle of reciprocity.
4. The Andorran people residing abroad will be entitled to receive the financial benefits provided for in this law, as long as they do not have similar protective measures in the country of residence, in the manner and in accordance with the requirements established by regulatory pathway.
Chapter II. Preventive actions Article 5 national plan of prevention in order to have a global instrument for the prevention of dysfunctions, corresponds to the Government to approve and regularly update a national plan for prevention, which must include at least the following aspects: a) guidance and family planning.
b) genetic counselling.
c) prenatal care and perinatal: prenatal diagnosis and detection of congenital anomalies.
d) paediatric Care.
e) vaccination System.
f) domestic Accidents.
hygienic Control of food and health g).
h) hygiene and safety in the workplace.
and road traffic safety).
j) environmental pollution.
k) actions of active and healthy lifestyle for older people.
the information on the campaigns) effects of the abuse of certain toxic substances that create dependence.
m) education for health, road safety, civic, and promotion of healthy habits.
Article 6 the Committee of Experts on Prevention of dysfunctions Will create a Committee of Experts on Prevention of dysfunctions, chaired by the Minister responsible for health, responsible for drawing up the proposal of the plan and to do follow-up. This Committee is made up of representatives of the Government, in the areas of health, education, labour, social services and the environment, of the National Commission of assessment (hereinafter, CONAVA), that is created in accordance with article 28 of this law, the competent body in the field of social security, of the common, of professional groups and experts in the different subjects involved, with the composition and form established by the regulations.
Article 7 detection and early diagnosis is up to the Government to approve, on the proposal of the Committee of Experts on Prevention of dysfunctions, detection and diagnosis protocols that have been applied in the sphere of health, social services, labour, of the kindergartens and schools, as well as those others deemed appropriate.
The right to the tests and the required examinations to diagnose is guaranteed within the health system of Andorra, outside of exceptional cases, duly authorized by the Government in accordance with the criteria established by regulation.
Article 8 the early Attention the early attention is the set of activities that are carried out in the first years of life of children affected in some high risk or dysfunction to suffer it, aimed to promote to the maximum its capabilities and prevent complications.
These actions are performed in the early care units, which are equipped with specialized professionals and must have the cooperation of parents, kindergartens and schools. These units must be accredited by the Government, in accordance with the criteria established by regulation.
Chapter III. Effectiveness of the constitutional rights and freedoms Article 9 rights by the public authorities must be upheld especially physical, mental or sensory disabled people to the extent that is necessary to ensure that equality and the freedom to be real and effective and so that they can exercise as much as possible due to their disability, rights and freedoms, as well as the duties , which grants citizens Title II of the Constitution.
Article 10 Accessibility To make the right to accessibility to the environment and the society to apply the measures established in the regulations on the matter, which aims to ensure a quality of life for people with reduced mobility or other disabilities in conditions of equality with the rest of the population, by means of actions on the natural environment, urban and built up , as well as on the means of transport and communication systems.
Article 11 Information 1. It guarantees the right of persons with disabilities and, where appropriate, of their parents or legal guardians to access a complete and understandable information about your diagnosis and predictable process of evolution of the disability, as well as about their rights, the services and the existing programs and the requirements of access and use.
2. You must prepare basic material of information and documentation accessible to different types of disabilities.
Article 12 Participation 1. It recognizes and guarantees to the organizations of disabled people and formed by their parents or legal representatives the right of representation and the right to participation in the issues that affect them in relation to the disability. For this purpose it creates, in compliance with article 30 of this law, the National Council of disability (hereinafter CONADIS) and in the area of the parish are also common participation and similar query can be created.
2. the centres and services in the field of disability must establish channels of participation of users and, where appropriate, of parents or legal representatives.
Article 13 diagnosis and targeting people with disabilities or, if necessary, the parents or legal representatives may request the CONAVA, in accordance with the rules of procedure and the requirements established by the regulations, the development of a diagnosis, a guidance and a programme of rehabilitation and reintegration.
Article 14 Education 1. It recognizes the equality of opportunities of children, young people and adults with disabilities in access to education in integrated environments, in the terms established by the rules of development of the constitutional right to education, and in particular to: a) the compulsory and free of charge, which includes the first and second levels of education, from 6 to 16 years, while they have the right to be schooled from the age of 3 years If parents or guardians so request, and can be extended up to 18 years for the level of secondary schools. The right to the allowance is guaranteed through the public schools.
b) basic education of adults, guaranteed through the system of adult education.
c) school and professional orientation.
2. Students with disabilities are integrated into the ordinary school, except in cases where they make impossible the severity of the disability or other exceptional situation, which must be made in the form established in sections 4 and 5 of this article. On the education of pupils with special educational needs we must stick to the following guidelines: a) special education is understood as an educational support in the framework of the ordinary education, which consists of the set of programs, services and, in general, support actions that are essential to meet the educational needs of these students.
b) the objectives of the education of these students have to be the same as those of the rest of the students, and teaching must be adapted to their characteristics. To this effect have the right to have access to individualized educational programmes prepared by the teachers of the ordinary education with the participation of the heads of the special education and of parents or guardians.
c) in order to facilitate as much as possible the integration of students with disabilities, and in application of the principle of less restricted location as possible, they have to structure the different spaces of the schools and to review the situation of each student.
d) Will guarantee the participation of students with disabilities in the various educational activities and teaching.
e) in order to have a quality educational attention to students with disabilities, the ordinary school must have one of the following human and material resources: specialized teaching teams to ensure the monitoring of students, pedagogical advice to teachers and professors, educational programs and instruments specific adaptation of the teaching.
f) establishes an educational network for the schooling of pupils with special educational needs, which will be held in the environment of a service that will take care of the educational orientation and psychopedagogical intervention.
3. These general criteria are applicable to all educational systems present in Andorra, in accordance with established agreements. Likewise, with the adaptations and appropriate specifications, apply to the daycare, adult basic education and vocational training and University.
4. Ensures children with disabilities, in the manner established by the regulations, the hospital schooling when they are admitted in hospital establishments in Andorra and the home schooling when for any reason are tied up for a while more than three months.
5. When the severity of the disability disable access to the educational system, children with disabilities are entitled to receive healthcare specific maintenance attention, that, whenever there is the centres and services suitable to meet the type of disability, will get to Andorra. Exceptionally, when required by the specific nature of disability, can be received abroad, accredited institutions previously, in accordance with the procedure and the requirements established by the regulations. To receive this kind of attention is requireix, once heard the opinion of the parents or legal representatives, a report of the body responsible for the educational orientation and psychopedagogical intervention and CONAVA.
6. The additional costs that may arise as a result of disability of each person will be combined with the aid and grants provisions of the legislation in the area of grants and credits for studies, in accordance with the requirements and the technical criteria and guidelines established by the regulations.
Article 15 vocational training 1. The set of rules governing the vocational training and learning in the company is applicable to people with disabilities, who may sign the contract directly or by parents or guardians in cases of minority or incapacitation.
2. For the purposes of the equality of opportunity and on the basis of the characteristics and the degree of disability, exceptionally can be more flexible and adapt different elements really forming only of learning as the age of the learner, the duration of the contract, working hours, rest days and the reward.
3. For the application of exceptional measures set forth in the preceding paragraph should be a report of CONAVA and body responsible for the educational orientation and psychopedagogical intervention, that, with regard to the powers of the bodies mentioned above, binds to the Labour Inspection Service for the purposes of the authorization of the contract.
Article 16 Health 1. Are guaranteed to all people with disabilities access to health programs, as well as in the health services, rehabilitative therapy and complementary, in the terms and conditions established by the regulations in force in the field of health, with the specifications set out in the present article.
2. For the purposes of this law, are considered basic benefits: in preventive health Programs): genetic counselling, diagnosis and early care, vaccinations and other that established by the regulations.
b) health care: primary, hospital, pharmaceutical, electrical appliances and technical AIDS.
c) Rehabilitation: functional, psychological and social.
d) Transport for health care and rehabilitation.
e) Those others that may be established by law or regulation.
3. These rights are realized through the health system, in accordance with the procedure and requirements as established by the regulations.
Article 17 social care and social health care 1. In order to optimize resources and provide a global and integrated assistance, establish programmes and social services when the disabled have health and social problems.
2. the following benefits are guaranteed: a) General information and guidance, from primary care services to patients and their families.
b social and Health Services) to support the autonomy, which can be: home care.
Day care for adults with serious disabilities that prevent access to the work. These services, therapeutic treatment and care of occupational activities, offer aimed at empowering the individual and social capabilities and, whenever possible, the occupational skills. You can also receive these services temporarily disabled people who, despite being able to work, meet with serious difficulty finding or keeping a job.
Residences for when it is not possible or convenient that the disabled person is at home. Can be of two types: housing, for those with autonomy in daily life, and assisted living, residential centres for people with serious, they do not have other alternatives. The size, the location and the operation of these services should be standardized and adapted to the type of disability.
3. The benefits listed in the preceding section will ensure, whenever possible, through services provided to Andorra. Exceptionally, when required by the specific nature of disability, can be received abroad, accredited institutions previously, in accordance with the procedure and the requirements established by the regulations.
Article 18 social Security 1. The Andorran social security scheme must establish measures for effecting the social protection of persons with disabilities, in accordance with criteria of fairness, of equality and of solidarity with the rest of insured social.
2. Persons with disabilities are protected by the provisions of the present Law access to health protection and care guaranteed by the Andorran social security and the benefits to be derived, through affiliation to the competent body in the field of social security.
3. The father, mother or legal guardian of a person with disabilities under 18
years and lives with some of the people mentioned, with guardadors or who resides in a social services centre or social, must appear on the high social security in order to give you coverage as a successor.
When the managers mentioned do not have obligation to be affiliated in order to cover the person with a disability to do it voluntarily or will be listed directly to him on the social security or have to have a cover, with the same parameters of protection, with other public or private entity, being responsible for any damages arising in case of not doing it. Only when requested by the persons responsible for and prove the impossibility to do so effectively or when the person with disabilities is in a situation of abandonment, the Government will replace those in charge and pay the contributions to the current regulations.
The Government affiliated with the social security system as a direct social cotitzants people with disabilities over the age of 18 years and 65 years who meet the terms and conditions established by the regulations of the social security system and the rules of development of this law, without which, in any case, the contribution may be less than the contribution of the minimum wage established by the labor law. When the person with a disability to work only need to declare and pay contributions to the social security, if it is the case, for the portion of the salary that exceeds the contribution made by the Government, and in any case the global contribution may be below the listing of minimum wage.
4. Persons with disabilities over the age of 65 years access to old-age pension under the same conditions as the rest of social cotitzants; and in the case of be holders of an invalidity pension for illness or accident of this work will be transformed automatically into old age pension at 60 years.
5. social security protection includes the pensions and the benefits laid down in general, both derived from the healthcare as healthcare to support autonomy.
6. for access to the benefits of supporting the independence it requires a waiting period of seven years.
Article 19 1. Are guaranteed to persons with disabilities equal opportunities in the labour market.
2. It is considered void and of no effect any contract, Covenant, or agreement that contains discrimination in working conditions by reason of disability.
3. The compensation received by the person with a disability must be appropriate to the amount and quality of the work done and the job that takes up, in accordance with the evolution of the labour market in the Principality of Andorra.
4. In order to ensure effective equality of opportunities, establish the following measures: a) On the processes that summon public administrations, the autonomous agencies and parapublic institutions, disabled people can access the internal promotion competitions such as new income either internal or external candidates as well as to the organisms mentioned above, having to : first, provide proof of their disability; Second, to meet the requirements of the edict or internal contest, and third, to be accepted with priority to other candidates if, after having carried out all the tests in the selection process, get the same score. Likewise, the Organization of the process of selection has to adapt, either in time, whether in the media and resources, to your needs, taking into account the type of disability.
b) public administration, autonomous agencies and parapublic entities will promote employment through the recruitment of certain services or the purchase of products in companies of labor insertion of persons with disabilities, or the Contracting Party, by means of these companies, employees with disabilities to perform certain functions temporarily.
c) administrative service charge to propose and manage the policies of employment and the labour market intermediation will promote and facilitate the recruitment of employees with disabilities on the part of the companies that are looking for labor, in accordance with the standards and requirements established by the regulations.
d) the jobs occupied by persons with disabilities in any company are called "integration". These companies may be the subject of public aid, by means of financial contributions in order to adapt the tools, the accessibility, the jobs of insertion or for other purposes, according to the established regulations. They can also be the object of public measures to promote self-employment initiatives.
e) The organizations dedicated to the occupational integration of persons with disabilities, who are duly accredited by the Government, be used as a formula for the employment, through which a worker or group of workers with disabilities linked to the aforementioned entity can work within the framework of operation of a company. To use this formula requires the consent of the Labour Inspectorate.
f) can subscribe contracts in low performance or learning in special conditions when the residual capacities of worker disability does not allow them to achieve the full performance. At the same time you can establish contracts for part-time work or flexible schedules in order to adjust them to the capabilities and needs of people with disabilities.
To subscribe to these contracts is required a favourable report of CONAVA, that, with regard to the powers of the organ mentioned, links to the Labour Inspection Service for the purposes of the authorization of the contract.
Article 20 solidarity pension 1. The Board of solidarity in favor of the people for a serious disabilities are unable to work or staying with serious problems to find or keep a job as a result of their disability and do not have sufficient resources to live and meet the following requirements: a) Having an age between 18 and 64 years inclusive.
Andorran nationality b) have with effective residence in Andorra or abroad and certify a minimum of seven years ' legal residence in Andorra.
c) Prove reliable way that do not have sufficient resources to live.
The requirement of effective residence in Andorra does not apply to Andorran nationality disabled residents abroad, proving, in the manner and with the requirements established by the regulations, which do not have
nor can they have an equivalent provision in the country where you reside.
d) Justify the impossibility of having carried out, to cause not attributable to the applicant, the social security contributions to be entitled to the disability pension.
2. The Government should establish regulations the criteria and technical schedules and forms of appropriate justification to prove that they comply with the conditions mentioned in the first section.
3. The law of budgets set annually the amount of the pension of solidarity in favour of persons with disabilities, which should be updated regularly and which can be graduated according to the severity and the evolution of the disability and the economic situation, in the terms to be determined by the regulations.
The minimum amount of this pension may not be less than half the minimum wage and can increase over time in accordance with the requirements, the criteria and the technical assessment relative to gravity, to the evolution of disability and to the economic situation, in the terms to be determined by the regulations.
4. The Board of solidarity can be accumulated with other government assistance, the Caixa Andorrana de Seguretat Social and income from part-time jobs or low performance, provided that the total income thus received does not exceed the minimum wage. In this case, the pension is reduced accordingly or is on hold as long as the situation persists, and will recover automatically if you do not keep the job or reduces the income below the minimum wage.
Article 21 culture, leisure and sport 1. People with disabilities must be able to integrate and participate in conditions of equality in the cultural activities, leisure and sports activities.
2. The public administrations shall take all the measures necessary to promote the sports federations and the manifestations of the people with disabilities and to ensure their rights as participants or viewers of any cultural, sports or leisure activity.
Chapter IV. Protection and guarantee of rights Article 22 Incapacitation and guidance 1. While it is not generally regulates the incapacitation and guardianship, people who for a permanent disability are prevented to rule themselves by themselves may be declared incapable by court ruling, at the request of his spouse or relatives up to the second degree by consanguinity or guardadors in fact, or of the public prosecutor's Office if those don't make it or are absent. This ruling must determine the extent, the limits and duration of the disability, as well as the regime of tutelage or guardianship.
2. Can be tutors all the individuals that are in the full exercise of civil rights and are not disabled, as well as non-profit legal persons among the purposes of which include the protection of persons exempted from and are accredited by the Government.
3. Parents can designate guardians in testament or a public notary, as well as establish audit bodies of the guidance and establish other measures that believe the best for their children. These provisions binding the Mayor, except to justify another decision or measure more beneficial for the person unable to.
Article 23 guarantee of rights 1. The public authorities shall ensure especially for people with disabilities and their parents or legal representatives can effectively use all of the legal measures planned.
2. Ensures the service sign-language interpretation to facilitate, when necessary, the communication of deaf people in cases related to the exercise of their fundamental rights. With the same purpose must adopt measures and appropriate assistance for cases of other disabilities.
3. The public prosecutor, in accordance with its mission, it must ensure to safeguard the rights of citizens with a disability.
Article 24 minimum conditions and quality of services 1. All the centres and services in the field of disability need the prior administrative authorization to open and the accreditation to work in the Government and, if applicable, of the common.
2. In order to be authorised and certified must meet the minimum conditions to be established by regulation. These conditions have to refer at least to the following aspects: a) Materials.
c) catalogue of services and levels of quality.
d) Realization of the rights and duties of the users.
3. In all the services you need to respect, among others, the following rights: a) to the equality of treatment and non-discrimination.
b) with respect to the personality, human dignity and privacy.
c) to receive information on the functioning of the services and the internal rules.
d) the confidentiality of all data and all information.
e) to participate in the activities and in the decisions that affect them.
f) to use the channels of complaint and proposal of suggestions, and the possibility of receiving a written response.
g) to the continuity of the service as it does not vary substantially the situation or there is another cause that so justify.
h) to abandon the service.
4. In general, users of the services are subject to the following minimum requirements: a) to follow the program and the guidelines prescribed.
b) to use them, take care and enjoy it responsibly and in accordance with the rules of the facilities and services.
c) to facilitate the coexistence of cultures, as well as observe a conduct based on mutual respect.
d) to maintain respect for the dignity of staff that provides services and collaborate.
e) to pay the price that may be applicable.
5. The application of these rights and duties has been to adapt to the capabilities of users and, where appropriate, should be exercised by their parents or guardians.
Article 25 social awareness by the public authorities, in cooperation with the civic, especially those formed by people with disabilities or their families, have periodically to promote actions and campaigns of social awareness on the needs, possibilities and rights of these, in order to get a set of positive personal and social attitudes and behaviour towards equal opportunities and social integration. These actions can be generals, aimed at the entire population, specific to certain groups or related to specific disabilities.
Financing article 26 1. The funding of programs, services and benefits are governed by the principle of shared responsibility between the affected person, family members forced and the public authorities responsible for social protection, and also to the
State subsidiarity as a last guarantee of rights established.
2. When the disabled person is in a situation of abandonment or if their parents, guardians or other persons must justify the inability to cope with the costs of social security contributions or the focus on the services and programs mentioned, the State must take care to ensure their rights. In these cases, establishes the commitment that if the person with disabilities or family members forced come to improve sufficiently the economic situation will return to the Government the amounts advanced.
3. The State takes care of the following free services, provided directly by the Government or by entities certified and by appointment: a) information and guidance provided from social services.
b) preventive Programmes of dysfunctions.
c) screening and early diagnosis of diseases and congenital malformations.
d) compulsory education, in the terms established in the current regulations.
e) adult education.
f) career counselling.
4. The State finances: a) the pension of solidarity in favour of people with disabilities.
b) social security contributions provided for in paragraph 3 of article 18.
c) subsidies aimed at encouraging the social integration that are established.
d) expenses not strictly for the health benefits and healthcare provided in article 17.
e) a part of the health care costs, by the social security system, derived from the social care and social healthcare programs. The budget law sets an annual percentage in order to contribute to the financing of expenditure resulting from social and healthcare benefits health strictly in support of the autonomy, in charge of social security, established in article 17. In any case, this percentage can be lower than the 50% of the expenses above.
f) other expenses that correspond in application of this law and regulations development.
5. social security takes in charge the costs of the health services, rehabilitative therapy and complementary set forth in article 16, and the part corresponding to the expenses derived from social and healthcare benefits healthcare strictly provided for in article 17, in accordance with the legislation in matters of social security.
6. Participation of users and relatives bound: a) the father, mother or legal guardian must be made, in the terms established in article 18, the payment of social security contributions.
b) users of the services and, where appropriate, family members should be obliged to participate in its funding, through the consideration which it is established. In general, they must contribute to the payment of the costs of substituting home that receive, such as child support or the residence.
c) the beneficiaries of the solidarity, a social security disability pension, or any other, they have to make the economic considerations that are relevant, although they will respect a minimum reserve equivalent to 25% of the amount of the pension they receive for personal expenses.
d) users and people must have to contribute, in accordance with the rules of the social security, to complete the part of the service that is not covered by the health benefit or social question.
7. The communes have to take part in the financing of cultural programs, sports and leisure, as well as in the improvement of accessibility, social awareness and in all their competition. For this purpose must be detailed in the annual budgets specific credits to meet these obligations.
8. Authorises the Government to set up a solidarity fund in favour of persons with disabilities, formed mainly with private contributions.
The CONADIS, under conditions to be determined by the regulations, is responsible for the management of this Fund, as well as to promote, in case of need, the creation of entities that manage the programs, services, benefits and other measures provided for in this law.
V. Organizational Aspects of competence Distribution Article 27 1. Public functions established by this law shall be distributed according to the distribution of competence established in the Constitution, the law of delimitation of competences of the common, of 4 November 1993, the general regulation of the CASS and the rules of development or those other provisions on the subject are in force.
2. Government ministries assume responsibilities in accordance with the distribution of functions in force at any given time.
3. The common part in the social integration of citizens with disabilities, especially in the social, cultural, sports and leisure activities.
4. The public administrations shall promote and encourage the participation of civic institutions in the implementation of activities and the provision of services.
Article 28 National Commission of Evaluation 1. The National Commission of Appraisal (CONAVA) as a national body of technical and public, who assumes the responsibilities relating to the functions of diagnosis and evaluation of dysfunction, disability and must for the purposes of guiding and determine access to programs, services, and other activities for people with disabilities.
2. To gain access to programs, services and benefits that are included in this law, CONAVA has to carry out a diagnosis of the situation and the needs of the person, an assessment of the consequences and a study of the residual capacities in order to provide guidance and, if necessary, a program of intervention. It is necessary to encourage and guarantee throughout the process the participation of the person concerned and, if necessary, of the parents or guardians.
3. The functions of the CONAVA refer to the specific issues of disability, relating mainly to the fields of education, health, work, the accessibility and the social services. To this end the technical reports that will correspond according to this and other relevant laws and rules of deployment.
4. The CONAVA is composed of professionals in the areas of health, education, employment, and social work, appointed by the Government, which also appoints the president.
5. The CONAVA can work in full or in specific working groups and should ensure especially for the maintenance of a comprehensive vision of the person and for a global and coordinated treatment of the cases. The composition, the criteria and procedures of action establish by regulation.
6. The criteria and the technical assessment objectives to assess the disability, as well as the specific aspects related to the autonomy, mobility, training or work, among others, also have been set by regulation.
Article 29 provision of services and execution of programs 1. The provision of services for people with disabilities is carried out by public entities, or private, parapublic preferably non-profit civic. In all cases, must be authorized and accredited by the Government, in the terms established in article 24 of this law.
2. for the collaboration and coordination of the provision of services and programs, public agencies and civic organizations can subscribe agreements and schedule actions.
Article 30 National Council of disability 1. The National Council on disabilities (CONADIS), as a body of participation, consultation and advice, as well as tracking, collaboration and coordination in the decision-making process of the Government in the field of disability, in the terms established by the regulations.
2. This body, attached to the head of Government, is composed of representatives of organizations of persons with disabilities, of the parents or legal representatives and civic entities that act in this field, as well as of the Government, of the common and the competent body in the field of social security.
3. Its functions are: a) Issued the opinion on questions that ask the public authorities.
b) follow up of the actions foreseen in the law and rules of development. For this purpose you must prepare an annual report.
c) Express the opinion on the plans, or the standards related to disability prior to the decision-making process, in accordance with the established regulations.
d) Presented proposals for improvement of the services and benefits and to collaborate in the coordination of the actions of all the areas and the public and private sectors.
e) all other functions assigned by the regulations.
4. This Council can act in full, in the Steering Committee or working groups for areas of activity.
Chapter VI. Infractions and sanctions Article 31 applicable 1. Any natural or legal person to participate in a practice or discriminatory act or injure any of the rights and freedoms referred to in this Act incurs civil liability, criminal or otherwise that in accordance with the regulations in force.
2. the system of administrative violations and penalties established by this chapter is applicable to social or community health centres and services, which provide their services, in whole or in part, in the field of disability.
Article 32 Offences Constitute administrative offences within the scope of the services that this law regulates the actions or omissions of the entities and services, public or private, established in the following article, without prejudice to civil liability, criminal or otherwise that may attend.
Article 33 types of infringements 1. The offences are classified as minor, serious and very serious.
2. Have the character of minor offences: a) Keep the premises, facilities, equipment or furniture with deficiencies in the State, in the operation, in the cleanliness or hygiene, provided that this does not cause serious damage to the user.
b) Provide an inappropriate assistance to users of the services, as long as they do not harm serious character.
c) any breach of the regulations of the services that the present law does not consider serious or very serious.
3. Have the character of serious violations: a) service activities with substantial non-compliance with the rules established.
b) intentionally Alter the substantive aspects for the granting of the authorisation or accreditation of services.
c) does not keep in good hygiene and conditions of occupancy of the services, if it can lead to risks for the physical integrity and health of the users.
d) does not install or keep in appropriate conditions of use safety measures, fire protection and evacuation.
e) Obstructing or refusing to the action of the inspection.
f) disobey any instructions on the necessary corrections dictated by the corresponding inspection.
g) Provide inappropriate care that cause harm in the user.
h) Apply grants or public contributions to different purposes from those for which they were awarded.
I) Falsify documents and data required by the public administrations.
j) Hinder or prevent the user of the services that they can enjoy the rights recognized in the present law and rules of development.
k) In residential services, support people with mental disorders that prevent decide for themselves without the express permission of the mayor or not to have it placed in immediate knowledge of the authority referred to in the cases of urgent or coping with disability income of a resident.
the) Not the duty of secrecy and confides with respect to personal, social and health data of the user.
m) do not safeguard the right to the privacy of users.
n) the lack of clarity and transparency in the custody and management of the funds and property of the users.
or minor offences) recidivism.
4. Have the character of very serious offences: a) The offences classified in the previous section when they cause a very serious danger of social impairment or originate from users to harm also very serious.
(b) serious offences) recidivism.
Article 34 responsible for administrative liability for these offences are charged to the natural or legal person committing the violation and severally to the natural or legal person of the service that may be responsible for having breached a duty of vigilance.
Article 35 administrative sanctions 1. For minor infringements will be impose the following sanctions: a) warning.
b) maximum Fine up to the equivalent of the amount of the minimum wage a month.
2. for serious offences can impose the following sanctions: a) Ban on access to public funding for a maximum period of one year.
b) maximum Fine up to the equivalent of the amount of the minimum wage of five months.
3. For very serious offences can impose the following sanctions: a) removal of the subsidies or revocation of agreement or concert.
b) prohibition of access to public funding for a maximum period of three years.
c) Temporary Closure or ultimate, total or partial, of the service. If it is temporary may not exceed twelve months.
d) maximum Fine up to the equivalent of the amount of the minimum wage of ten months.
Article 36 Graduation of sanctions for the graduation of sanctions should take into account the following criteria: a physical, moral and material damages) caused.
b) the severity of the risk to users.
c) the degree of intentionality or negligence of action.
of the person's offender recidivism).
e) breach of caveats and prerequisites.
f) the relevance or importance of facts.
g) the number of users affected.
h) the type of service.
Article 37 diet of prescriptions 1. Administrative offences provided for in this law shall prescribe after a year if they are mild, three years if you are serious and five if you are very serious, counted from the time in which they have committed.
2. The penalties imposed for minor offences prescribed in any one year, the imposed by serious offences after two years and imposed very serious offences within three years.
Article 38 disciplinary sanctioning procedure should conform to the provisions of the code of the Administration and the regulator of the sanctioning procedure currently in force.
Additional provisions First for the purposes of this Act are required to provide food to the disabled who need your spouse and relatives by blood up to second degree, according to the following order: a) spouse; b) descendants, according to the order of proximity in degree; c) ancestors, according to the order of proximity in degree; d) siblings. When you give a group of people forced you must stick to its economic possibilities; If they happen to fall short of the of the first forced resorts to forced in second place.
The economic criteria of assessment to be applied to all members of the family unit required will be the following: a) number of members of the family unit and situation of the same.
b) incomes from work.
c) rents for economic activities.
from financial activities income) and the like.
e) income for life insurance, disability and/or similar. The alimony, disability, work-related accident, old age, widowhood, orphanhood and other national and foreign.
f) the property and income of real estate.
g) the possession of shares or participations in companies.
h.) the possession of vehicles.
and any other socio-economic criteria) rated by the Ministry responsible for welfare.
The right to claim the disabled needed food and, if this is the case, the public prosecutor, to the parents or legal representatives of the disabled person, or public or private entity that occurs.
The right to food is indispensable, intransmissible and inembargable and includes everything that is necessary for survival, such as food, housing, clothing, health care and education.
Second, in order to ensure accessibility to the environment of people with a visual disability, they are authorized to access accompanied by guide dogs in all premises, establishments and other places of public use, as well as on public transport or public use. On the application of this provision to take into account the rules of tenure and the protection of animals.
People who fail to comply with this provision incur an administrative infringement that must be sanctioned in accordance with the provisions of this law, which can be described as mild, serious or very serious according to the severity of the damage that caused to the person with a disability, and for the graduation of the sanction will take into account the criteria established in article 36 of this law.
Transitional provision must respect the rights acquired by persons with disabilities at the time of the entry into force of the present law. Specifically, the beneficiaries of the pensions for adults with disabilities physical or mental recognized can continue to receive them as they continue to fulfil the requirements that originated the award. The files that are in processing must apply the rule more beneficial for the person concerned.
Final provisions First the Government must regulate this law in a maximum period of two years, giving priority to actions, once heard the opinion of the National Council of disability Second within a year the Government has to submit to the General Council a bill that regulates in general the inability and the monitoring system.
Third abolishes all the foregoing in what this law versus offline. The law of creation of a pension for adults with disabilities physical or mental, on 14 October 1983, is repealed when approved and comes into force the regulation of the Board of solidarity in favour of people with disabilities that is created in article 20 of this law.
Fourth this law comes into force the day after being published in the official bulletin of the Principality of Andorra.
Casa de la Vall, 17 October 2002, Francesc Areny Casal Syndic General Us the co-princes the sancionem and promulguem and let's get the publication in the official bulletin of the Principality of Andorra.
Jacques Chirac President of the French Republic of Andorra Co-prince Juan Marti Alanis Co-prince of Andorra, the Bishop of Urgell