109. Federal law, which changes the Federal Disabled

The National Council has decided:

Amendment of the Federal Disabled

The federal disability law, BGBl. No 283/1990, as last amended by BGBl. I No 82/2005, shall be amended as follows:

1. At the end of Section 8 (2) Z 3, the point shall be replaced by a stroke. After that, the following Z 4 is added:

" 4.		the monitoring of compliance with the UN Convention on the Rights of Persons with Disabilities of 13 December 2006 in matters relating to legislation and enforcement by an independent and non-refusing state Monitoring Committee (§ 13). "

2. § 9 (1) Z 3 reads:

" 3.		one representative of the Federal Ministry of Social Affairs and Consumer Protection, the Federal Ministry of Finance, the Federal Ministry of Health, Family and Youth, the Federal Ministry for Economic Affairs and Labour, and the Federal Chancellery, "

Section 11 (1) reads as follows:

" (1) Member of the Advisory Board can only be who can be elected to the National Council. Nationals of Contracting Parties to the Agreement on the European Economic Area and the Swiss Confederation shall be subject to the requirement of citizenship. '

4. The previous § 13 is given the name "§ 12 (5)" .

5. § 13 together with headline reads:

" MONITORINGCOMMITTEE

§ 13. (1) In order to carry out the tasks in accordance with Section 8 (2) (4), a committee is to be set up to monitor the UN Convention on the Rights of Persons with Disabilities (Monitoring Committee). Its members and spare members are appointed by the Federal Minister for Social Affairs and Consumer Protection, the members mentioned in the Z 1 to 4 (substitute members), on the basis of the proposals of the members referred to in Article 10 (1) (6) of the German Federal Republic of Germany. Umbrella organization. The Committee shall be part of:

1.		four representatives of organised people with disabilities,
2.		a representative of a recognised non-profit non-governmental organisation active in the field of human rights,
3.		A representative of a recognised non-profit non-governmental organisation active in the field of development cooperation,
4.		an expert in the field of scientific teaching
as voting members as well as a representative of the Federal Ministry of Social Affairs and Consumer Protection as well as of the relevant department or supreme body of the full education with an advisory vote.

(2) It is the responsibility of the Committee to:

1.		to report regularly to the Federal Council for the Disabled on its deliberations,
2.		to obtain opinions from administrative bodies on a case-by-case basis;
3.		To make recommendations and opinions concerning the rights of persons with disabilities in connection with matters within the meaning of Section 8 (2) (4) of the Federal Republic of Germany with regard to the Federal Council for Disabled Persons,

(3) The members of the Committee shall be independent in their activities and shall not be bound by any instructions.

(4) § 11 shall apply mutatily to the appointment of the members and substitute members. For each member of the committee, replacement members shall be ordered in the required number. The Federal Minister for Social Affairs and Consumer Protection has to contain individual members at their request.

(5) The members shall elect a chairman and his deputy for the duration of the period of operation by a simple majority from their centre. The chairman and his/her deputies may be dialed by a two-thirds majority.

(6) § 9 (3) to (5) shall apply for the duration of the operating period, the continuation of the business after its expiry, the recovery of experts as well as the management of the office business of the committee. § 12 (1) to (4) shall apply mutaly to the convening of the meetings, the charge of the members, the quorum and the protocol management.

(7) The Federal Office for Social Affairs and the Disabled has to support the Monitoring Committee in the performance of its tasks as required. The federal offices of the Federal Office for Social Affairs and the Disabled are in particular also used as regional contact points for affected persons in all matters within the meaning of section 8 (2) (4).

(8) (Policy determination) In matters falling within the competence of the Federal Government, the tasks referred to in paragraph 2 shall be exercised by bodies to be created or designated by the countries which meet the requirements of an independent mechanism in accordance with Article 33 of the UN Convention.

(9) In matters relating to the legislation of the Federal Republic of Germany and in full education, the tasks referred to in paragraph 2 shall be carried out by the bodies set up or designated in the implementation of paragraph 8 of this Article. "

6. In § 13c (2), the expression "§ 19 para. 2 to 6 BGStG" by the expression "§ 19 para. 2 to 10 BGStG" replaced.

7. The following paragraphs 10 and 11 are added to § 54:

" (10) § 9, § 11, § 13c and § 56 in the version of the BGBl. I n ° 109/2008 is 1. Jänner 2009 in Kraft, § 8, § 12 and § 13 together with the title in the version of the BGBl. I n ° 109/2008 enter into force on the day of the entry into force of the United Nations Convention on the Rights of Persons with Disabilities of 13 December 2006.

(11) The members (substitute members) of the Monitoring Committee (§ 13) may be appointed from the day following the presentation of this Federal Law. "

8. § 56 Z 2 reads:

" 2.		as regards Section 10 (1) (2), the Federal Minister for Social Affairs and Consumer Protection, for Finance, for Health, Family and Youth, for Economic Affairs and Labour, and for the Federal Chancellery; "

9. § 56 Z 5 reads:

" 5.		as regards § 13e (3), § 32, section IVa and § § 36 (1), 37 and 52 (1) of the Federal Minister for Social Affairs and Consumer Protection in agreement with the Federal Minister of Finance; "

10. § 56 Z 8 reads:

" 8.		in respect of all other provisions of the Federal Minister for Social Affairs and Consumer Protection. "

Fischer

Gusenbauer