The Equality Of Disabled Persons Act

Original Language Title: Gesetz zur Gleichstellung behinderter Menschen

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Read the untranslated law here: http://www.gesetze-im-internet.de/bgg/BJNR146800002.html

Law on the equality of people with disabilities (disability equality act - BGG) BGG Ausfertigung date: 27.04.2002 full quotation: "disability equality act of 27 April 2002 (BGBl. I p. 1467, 1468), most recently by article 12 of the law of December 19, 2007 (BGBl. I S. 3024) is changed" stand: last amended by art. 12 G v. 19.12.2007 3024 for details on the stand number you find in the menu see remarks footnote (+++ text detection off) : Merely +++) the G as article 1 d. G 860-9-2/1 v. 27.4.2002 I 1467 by the German Bundestag, with the consent of the Federal Council decided. It is accordance with art. 56 para 1 of this G to the merely entered into force.

Table of contents section 1 General provisions § 1 law objective section 2 women with disabilities section 3 disability § 4 accessibility § 5 objectives § 6 sign language and other communication AIDS section 2 commitment to equality and accessibility § 7 Prohibition of discrimination for carrier of authority section 8 production of accessibility in the areas of construction and transport article 9 right to use sign language and other communication AIDS section 10 design decisions and forms section 11 barrier-free information technology section 3 remedies § 12 powers of representation in administrative or social procedure § 13 Verbandsklagerecht section 4 commissioned or mandated the Federal Government for the concerns of disabled persons § 14 Office of the or of the responsible for the interests of disabled people section 15 task and powers section 1 General provisions § 1 law this law aims to eliminate discrimination against people with disabilities and to prevent as well as to ensure the equal participation of disabled persons in the life of society and to allow them a self-determined lifestyle. With special needs will be taken into account.

Women with disabilities to the enforcement of equality between women and men are § 2 to take into account the special concerns of women with disabilities and to remove existing disadvantages. While specific measures to promote the actual enforcement of the equal rights of disabled women, and to eliminate existing disadvantages are allowed.

§ 3 disability people are disabled when their physical function, mental ability or mental health with a high probability for longer than six months differ from the State typical for the age of and therefore their participation in the life of society is impaired.

§ 4 construction are barrier-free accessibility and other plants, transport, technical commodities, systems of information processing, acoustic and Visual information sources and communication facilities and other crafted spheres of life, if they are accessible and usable for disabled persons in the normal manner, without particular difficulty and basically without outside help.

§ 5 targets (1) as far as special statutory or regulatory provisions preclude, to establishing the accessibility of target agreements between organisations, which according to § 13 para 3 are recognised and taken companies or business associations of different sectors of the economy for their respective functional and spatial organization or area of activity. The recognized associations may request the opening of negotiations on agreements on objectives.
(2) targets for the production of accessibility in particular contain 1 determination of agreement partners and other regulations relating to the scope and the duration, 2 are defining minimum requirements about how designed living areas within the meaning of paragraph 4 in the future to change the entitlement of disabled people on access and usage to meet, 3. date or a schedule for the fulfilment of the minimum conditions set.
You can include also a penalty denied in the event of non-compliance or delays.
(3) an association has pursuant to paragraph 1, which requires the opening of negotiations to indicate this to the target agreement register (paragraph 5) under name of negotiating parties and subject to negotiation. The Federal Ministry of labour and Social Affairs announced this ad on its website. Four weeks after the announcement, other associations within the meaning of paragraph 1 have the right to join the negotiations by declaration to the current negotiating parties. After the participating associations of people with disabilities have formed a joint negotiating Commission or it is clear that only a Union negotiations, the negotiations within four weeks are to record.
(4) a claim for negotiations referred to in paragraph 1 sentence 3 does not exist, 1 during ongoing negotiations within the meaning of paragraph 3 for the not joined associations of disabled people, 2. in relation to those companies that announce a target agreement to join by a trade association negotiations 3. for the scope and the duration of a concluded agreement on objectives, 4. as regards those companies , which joined a concluded agreement on objectives under einschränkungsloser transfer of rights and obligations.
(5) the Federal Ministry of labour and Social Affairs maintains a target agreement register, in which the conclusion, alteration and removing target arrangements referred to in paragraphs 1 and 2 are registered. The Association of disabled persons concluding the agreement on objectives is obliged, within one month after a target agreement as certified copy and information technology when to send them to the Federal Ministry of labour and Social Affairs, as well as a change or cancellation to be communicated within one month.

§ 6 sign language and other communication AIDS (1) the German sign language is recognised as a separate language.
(2) according to language accompanying end gestures are recognized as a form of communication of the German language.
(3) hearing (deaf, deaf and hard of hearing) and speech impaired people have the right to use German sign language or loud voice accompanying gestures in accordance with the relevant laws. As far as they communicate in German sign language or with loud language accompanying gestures, they have the right to use other suitable communication AIDS in accordance with the relevant laws.
Section 2 commitment to gender equality and prohibition of discrimination for carriers of official authority (1) the agencies and other bodies of the Federal Administration, including federal authorities, establishments and foundations governed by public law to accessibility section 7 within the framework of their respective areas of the task which in article 1 objectives actively promote and observe when planning measures. The same applies to national administrations, including the immediate country authorities, establishments and foundations under public law, insofar as they carry out federal law. Special measures to reduce and eliminate this disadvantage are permitted in areas of existing disadvantages of disabled people compared to non-disabled persons. In the application of laws to the actual enforcement of the equality of men and women, to take into account is the special needs of women with disabilities.
(2) a carrier public authority within the meaning of paragraph 1 disabled people must not put at a disadvantage. A disadvantage is, if disabled and non disabled people without compelling reason be treated differently and thus disabled people in equal participation in the life of society are affected directly or indirectly.
(3) special prohibitions of discrimination in favour of disabled people in other legislation, in particular in the ninth book of the social code, shall remain unaffected.

§ 8 production of accessibility in the construction and transport sectors (1) civilian buildings as well as large civilian implementation, extensions of the Federal Government including federal authorities, establishments and foundations governed by public law are accessible recognised rules of technology are designed according to the General. These requirements may be waived if the accessibility requirements are met with a different solution to the same extent. This does not affect the national provisions, in particular the building codes.
(2) other structural or other facilities, public ways, courts and roads and public transport systems and means of transport in the public passenger transport are barrier-free design in accordance with the legislation of the Federal Government. Further national regulations remain unaffected.

Article 9 right to use sign language and other communication AIDS (1) hearing or speech impaired people have in accordance with the regulation referred to in paragraph 2 the right, with the authorities within the meaning of § 7 para 1 sentence 1 in German sign language, with loud language accompanying gestures or other suitable communication AIDS to communicate as necessary to carry out their own rights in the administrative procedure. The public authorities have to ensure the translation through sign language interpreters or communication with other suitable communication AIDS for this at the request of the beneficiary to the extent necessary and to bear the necessary expenses.
(2) the Federal Ministry of labour and Social Affairs determine by legal Ordinance which shall not require the consent of the Federal Council, 1 occasion and scope of the right to provide a sign language interpreter or other suitable communication AIDS, 2. manner of provision of sign language interpreters or other suitable AIDS for communication between hearing impaired or impairment people and the authorities, 3. the principles of an equitable remuneration or reimbursement of necessary expenses for the services of interpreters or the use of other suitable communication AIDS and 4.
What forms of communication than other suitable communication AIDS within the meaning of paragraph 1 to be.

§ 10 design of notices and forms (1) carrier public authority within the meaning of § 7 para 1 sentence 1 have in the layout of written notices, general orders, to be considered a disability of people forms and public contracts. Blind and visually impaired people can in particular require in accordance with the regulation referred to in paragraph 2 that notices, public service contracts and forms free of charge in a form noticeable for her is made available you, as far as this is necessary for their own rights in the administrative procedure.
(2) the Federal Ministry of labour and Social Affairs are determined by regulation, which requires not the consent of the Federal Council, on what occasions and in what manner the documents referred to in paragraph 1 made accessible to blind and visually impaired people.

§ 11 barrier-free information technology (1) carrier public authority within the meaning of § 7 para 1 sentence 1 make their websites and promotions, as well as the graphical program interfaces provided by them to the available, which are represented, in accordance with the regulation to be adopted pursuant to sentence 2 step by step technical means of information technology so that they disabled people can be used in principle fully. The Federal Ministry of labour and Social Affairs determined by legal regulation, which requires not the consent of the Federal Council, in accordance with the technical, financial and organizational management possibilities 1 the to be included in the scope of the regulation groups of disabled people, 2. the technical standards to be applied, as well as the date of mandatory application, 3. the design areas and types of official information.
(2) the Federal Government is moving to that also commercial provider of Internet sites as well as graphical program interfaces, which are represented by means of information technology, design their products according to the technical standards by objectives according to § 5 referred to in paragraph 1.
Section 3 appeals article 12 powers of representation in administrative or social procedures are disabled persons their rights from § 7 para 2, §§ 8, 9 para 1, § 10, section 1, sentence 2 or § 11 ABS. 1 injured, can on their behalf and with their consent according to § 13 para 3, associations that are involved, not even to the proceedings apply for legal protection; The same applies to breaches of rules of federal law, which provide for a right to manufacture of accessibility within the meaning of article 4 or on the use of sign language or other communication AIDS in the sense of § 6 ABS. 3. In these cases, all procedural requirements such as for a redress request by the disabled people themselves must exist.

§ 13 collective proceedings (1) a paragraph 3 recognized Association may, without being injured in his rights, the prohibition of discrimination for carriers of public authority pursuant to § 7 para 2 and the obligation of the Federal Government for establishing accessibility in section 8, paragraph 1, article 9, paragraph 1, article 10, paragraph 1, sentence 2 bring an action in accordance with the court order or the social Court Act on finding a breach of 1. , Article 11, para. 1, 2. the regulations of the Federal law establishing the accessibility in section 46, subsection 1, sentence 3 and 4 of the federal electoral code, § 39, paragraph 1, sentence 3 and 4 of the European election procedure, § 43 para 2 sentence 2 of the electoral code for social security, § 17 para 1 No. 4 of the first book of social code, article 4, paragraph 1 No. 2a of the restaurant Act, § 3 No. 1 letter d of the municipal transport financing Act , Section 3, subsection 1, sentence 2, and section 8, paragraph 1, of the Federal Highway Act, § 8 para 3 sentence 3 and 4, and article 13 para 2a of the passenger transport Act, § 2 para 3 of railway - building and operating regulations, section 3, paragraph 5, sentence 1 the tram construction and operating regulations, sections 19d and 20b of the air traffic act or 3. the regulations of the Federal law on the use of sign language or other suitable communication AIDS in § 17 paragraph 2 of the first book of the social code , § 57 of the ninth book of the social code and § 19 para 1 sentence 2 of the tenth book of the social code.
Sentence 1 shall not apply if a measure resulting from a decision in an administrative or engage dispute procedure has been adopted.
(2) an action is allowed only if the Association is affected by the measure in its statutory remit. As far as a disabled person himself can pursue his rights through a design or performance claim or would have can track, can the only lodge a complaint referred to in paragraph 1 are, if the Association asserts that it is the action a case of general importance. This is particularly the case if there is a variety of equal bearing cases. Complaints referred to in paragraph 1 sentence 1 apply the provisions of section 8 the administrative court order according to with the proviso that proceedings before required even if the contested measure is adopted by a top federal or Supreme National Authority.
(3) on the proposal of the members of the Advisory Board for the participation of disabled persons, after § 64 para 2 sentence 2, 1, 3, or 12 bullet point of the ninth book of the social code are called the Federal Ministry of labour and Social Affairs may grant recognition. It is to grant recognition if the proposed Association 1 according to its statutes moral and not just temporarily promotes the interests of people with disabilities, 2. According to the composition of members or member associations to is appointed to represent the interests of disabled people at the federal level, 3 at the time of recognition is at least three years and has been active in this period within the meaning of point 1 , 4. the guarantee provides for a proper fulfilment of the tasks; There are nature and extent of his previous occupation, the membership as well as performance of the Association to consider and 5th due to charitable purposes according to § 5 para 1 No. 9 of the Corporation Tax Act free from corporation tax is.
Section 4 representative or of the Federal Government Commissioner for the concerns of disabled persons § 14 Office of or of the responsible for the needs of disabled people (1) the Federal Government appointed an Ombudsman or a Commissioner for the concerns of disabled persons.
(2) the designated person is necessary personnel and cause equipment to carry out their task to provide.
(3) the Office ends, except in the case of dismissal, with the appearance together of a new Federal Parliament.

§ 15 task and powers (1) item of the designated person is there to ensure that the responsibility of the Federal Government, to provide equal living conditions for people with and without disabilities is met in all areas of social life. You committed in carrying out this task, different living conditions of disabled women and men are taken into account and eliminate gender-based discrimination.
(2) for the performance of the tasks referred to in paragraph 1, participate in the federal ministries the responsible person at all legislative, draft and other important projects, as far as they deal with issues of integration of disabled people or touch.
(3) all federal agencies and other public bodies in the area of the Federal Government are required to support the authorized person in the performance of the task, to furnish the necessary information in particular, and to grant access to the file. This shall not affect the provisions relating to the protection of personal data.