The Equality Of Disabled Persons Act

Original Language Title: Gesetz zur Gleichstellung behinderter Menschen

Subscribe to a Global-Regulation Premium Membership Today!

Key Benefits:

Subscribe Now for only USD$20 per month, or Get a Day Pass for only USD$4.99.

Disabled People's Equality Act (disability equality law-BGG)

Non-official table of contents

BGG

Date of issue: 27.04.2002

Full quote:

" Disability equality law of the 27. April 2002 (BGBl. 1467, 1468), as last amended by Article 12 of the Law of 19. December 2007 (BGBl. I p. 3024) "

:Last modified by Art. 12 G v. 19.12.2007 I 3024

For details, see Notes

Footnote

(+ + + Text evidence from: 1.5.2002 + + +)

The G was referred to as Article 1 (d). G 860-9-2/1 v. 27.4.2002 I 1467 approved by the Bundestag with the consent of the Bundesrat. It's gem. Article 56 (1) of this Act entered into force on 1 May 2002. unofficial table of contents

content overview

Section 1
General Provisions
§ 1 legislative target
§ 2disabled women
§ 3Disability
§ 4Accessibility
§ 5Target Agreements
§ 6Sign Language and Other Communication aids
Section 2
Committed to equality and Accessibility
§ 7Prohibition of deprivation of support for public authorities
§ 8Manufacture of accessibility in the fields of construction and transport
§ 9Right on use of sign language and other communication aids
§ 10Design of sheids and forms
§ 11Barrier-free information technology
Section 3
appeal
§ 12Replacement powers in administrative or social procedures
§ 13Verbandsklaequitable
Section 4
Federal Government Commissioner for the interests of disabled people
§ 14The Office of the Representative for the interests of disabled people
§ 15 Task and Powers

Section 1
General Provisions

unofficial table of contents

§ 1 legislative objective

The aim of this law is to eliminate and prevent the disadvantages of disabled people and to ensure equal participation to ensure that disabled people live in society and to enable them to live in a self-determined way. Special needs are taken into account. Non-official table of contents

§ 2 Disabled Women

The special needs of women and men are to enforce equality of rights to take account of disabled women and to eliminate existing disadvantages. Special measures should be taken to promote the effective enforcement of the equal rights of disabled women and to remove existing disadvantages. Non-official table of contents

§ 3 Disability

People are disabled if their physical function, mental ability or mental health is a high probability for longer than six months from the condition typical of the age of life, and therefore their participation in life in society is impaired. Non-official table of contents

§ 4 Accessibility

barrier-free construction and other facilities, means of transport, technical items of use, Systems of information processing, acoustic and visual information sources and communication facilities, as well as other designed areas of life, if they are for disabled persons in the generally customary manner, without special difficulty and are accessible and usable without external help. Non-official table of contents

§ 5 Target Agreements

(1) Unless specific legal or regulatory requirements are in conflict, aims to establish accessibility agreements between associations recognised in accordance with Article 13 (3) and companies or business associations of the various economic sectors for their respective factual and spatial The organisation or activity is to be met. The recognised associations may require the opening of negotiations on target agreements.(2) Target agreements to make accessibility include, in particular,
1.
determining the Agreement partners and other rules on the scope and duration,
2.
determining minimum conditions on how to set up areas of life in the In order to meet the requirements of disabled persons for access and use,
3.
the date or a timetable for the fulfilment of the requirements of § 4.
You may also include a contract penalty for the case of non-performance or of the deprivation.(3) An association referred to in paragraph 1 which requires the opening of negotiations shall indicate this in relation to the target agreement register (paragraph 5), under the designation of negotiating parties and the subject of negotiation. The Federal Ministry of Labour and Social Affairs announcits this ad on its website. Within four weeks of notification, other associations within the meaning of paragraph 1 shall have the right to accede to the negotiations by means of a declaration to the existing negotiating parties. After the participating associations of disabled people have formed a joint negotiating commission or if it is established that only one association negotiates, the negotiations will be open within four weeks.(4) A right to negotiate in accordance with the third sentence of paragraph 1 does not exist,
1.
during ongoing negotiations as referred to in paragraph 3, for the non-acceding associations of disabled persons,
2.
in relation to those undertakings announcing a target agreement
3.
3.
for the scope and duration of a negotiated agreement) Target agreement,
4.
in relation to those companies that have reached a target agreement that has been concluded without restrictions on all rights and obligations.
() The Federal Ministry of Labour and Social Affairs carries out a target agreement register in which the conclusion, amendment and cancellation of the target agreements are entered in accordance with paragraphs 1 and 2. The Association of Disabled People, which concludes the target agreement, is obligated, within one month of the conclusion of a target agreement, to the Federal Ministry of Labour and Social Affairs, as certified copy and in terms of information technology to be sent in tangible form and to notify a change or repeal within one month. Non-official table of contents

§ 6 sign language and other communication aids

(1) The German Sign Language is an independent language. recognised.(2) Sound-language accompaniment is recognized as a communication form of the German language.(3) Hearing-impaired people (deaf, deaf and hearing impaired) and people with disabilities have the right, in accordance with the relevant laws, to use the language of the German Sign of Sign Language or any sign language accompanying the language. In so far as they do not communicate in German sign language or with sign-language accompanying sign-up, they have the right, in accordance with the relevant laws, to use other appropriate communication aids.

Section 2
Equal Opportunities and Accessibility Commitment

Non-official Table of contents

§ 7 Prohibition of deprivation of discrimination against public

(1) The services and other bodies of the Federal Administration, including the federal bodies, institutions and foundations of the Federal Administration Within the scope of their respective tasks, public law should actively promote the objectives set out in § 1 and be aware of measures in the planning of measures. The same shall apply to national administrations, including the countries, institutions and foundations of public law, insofar as they execute federal law. In the areas of existing handicaps of disabled people towards non-disabled people, special measures are allowed to reduce and eliminate this disadvantage. The application of laws for the effective enforcement of equal rights for women and men shall take account of the special concerns of disabled women.(2) A institution of public authority within the meaning of paragraph 1 shall not discriminate against persons with disabilities. A disadvantage exists when disabled and non-disabled persons are treated differently without compelling reason, thereby enabling people with disabilities to participate directly or indirectly in the life of the society in the life of the person. shall be affected.(3) Special deprivation prohibitions for the benefit of disabled persons in other legislation, in particular in the ninth Book of the Social Code, shall remain unaffected. Non-official table of contents

§ 8 Manufacture of accessibility in the construction and transport sectors

(1) Civilian new buildings and large civilian reconstructions or services. Extension buildings of the federal government, including the federal corporations, institutions and foundations of public law, are to be designed in a barrier-free manner according to the generally accepted rules of technology. These requirements can be deviated if the requirements for accessibility are met to the same extent with a different solution. The national provisions, in particular the building regulations, remain unaffected.(2) Other construction or other installations, public roads, squares and roads, as well as public transport facilities and means of transport in public passenger transport shall be subject to the provisions of the relevant federal legislation. Barrier-free design. Further national regulations remain unaffected. Non-official table of contents

§ 9 Right to use sign language and other communication aids

(1) People with hearing or speech disabilities in accordance with the terms of the legal regulation referred to in paragraph 2, have the right to use public authorities in accordance with the first sentence of Article 7 (1) of the German Sign Language (sign language) in the German sign language, with sign-language accompanying pasts or via other appropriate communication aids. communicate insofar as this is necessary for the exercise of their own rights in the administrative procedure. The institutions of public authority shall, at the request of the persons concerned, have the necessary extent to ensure the translation by sign language interpreters or the communication with other appropriate communication aids and the necessary Expenditure to be borne.(2) The Federal Ministry of Labour and Social Affairs is governed by a decree law which does not require the approval of the Federal Council,
1.
The reason and scope of the claim to provide a sign language interpreter or other appropriate communication aids,
2.
The way of providing sign language interpreters or other appropriate aids for the communication between hearing or language disabled people and the institutions public authority,
3.
the principles for appropriate remuneration or reimbursement of necessary expenses for the interpreting services or the use of other appropriate communication aids and
4.
which forms of communication are to be regarded as other appropriate communication aids within the meaning of paragraph 1.
Non-official table of contents

§ 10 Design of foes and forms

(1) Sponsors of public authority within the meaning of § 7 (1) sentence 1 have at the Design of written decisions, general availability, public service contracts and forms to take account of a disability of people. Blind and visually impaired persons may, in accordance with the provisions of the legal regulation referred to in paragraph 2, in particular, require them to be accessible in a form which is perceptible to them, without any additional costs, without additional costs. insofar as this is necessary for the exercise of its own rights in the administrative procedure.(2) The Federal Ministry of Labour and Social Affairs shall be governed by a regulation which does not require the approval of the Federal Council, on what occasions and in what way the documents referred to in paragraph 1 are blind and partially sighted. shall be made accessible. Non-official table of contents

§ 11 Barrier-free information technology

(1) Carriers of public authority within the meaning of section 7 (1) sentence 1 shall design their The technical information provided by the graphic programme surfaces provided by them, which are presented by means of information technology, shall, in accordance with the regulation to be adopted in accordance with the second sentence, be progressively technical, that they can, in principle, be fully used by disabled people. The Federal Ministry of Labour and Social Affairs is governed by a regulation which does not require the approval of the Federal Council, in accordance with the technical, financial and administrative possibilities of the Federal Republic of Germany. style="font-weight:normal; font-style:normal; text-decoration:none; ">
1.
the groups of disabled people to be included in the scope of the regulation People,
2.
the technical standards to be applied and the time of their mandatory application,
3.
the areas and types of official information to be created.
(2) The Federal Government has the effect that professional providers of Internet pages as well as graphic arts Programme surfaces, which are represented by means of information technology, shall design their products according to the technical standards referred to in paragraph 1 by means of target agreements according to § 5.

Section 3
Legal remedies

unofficial table of contents

§ 12 Replacement powers in administrative or social procedures

Persons with disabilities in their rights under § 7 para. 2, § 8, 9 para. 1, § 10 para. 1 sentence 2 or § 11 para. 1 are injured, may in their place and with their consent associations according to § 13 paragraph 3, which are not themselves involved in the proceedings, legal protection The same applies in case of non-compliance with federal law, which provides for a claim for the production of accessibility within the meaning of § 4 or on the use of sign or other communication aids within the meaning of section 6 (3). In such cases, all procedural requirements must be fulfilled, as in the case of a request for legal protection by the disabled person himself. Non-official table of contents

§ 13 The association of the association of the association

(1) A federation recognised in accordance with paragraph 3 may, without being infringed in its rights, bring an action collect, in accordance with the Administrative Court Rules or the Social Justice Act, a breach of
1.
the prohibition of discrimination against public authorities in accordance with § 7 para. 2 and the Federal Government's obligation to establish accessibility in § 8 (1), § 9 (1), § 10 (1) Sentence 2, Section 11 (1),
2.
The provisions of the Federal Law for the Production of Accessibility in Section 46 (1) Sentences 3 and 4 of the Federal Electoral Regulations, § 39 (1) sentence 3 and 4 the European Electoral Regulations, § 43 (2) sentence 2 of the Electoral Regulations for Social Security, § 17 (1) No. 4 of the First Book of the Social Code, § 4 (1) (2a) of the Catering Act, § 3 (1) (d) of the Municipal Transport Finance Act, § 3 Section 1 sentence 2 and § 8 (1) of the German Federal Highway Act, § 8 (3) sentence 3 and 4 and § 13 (2a) of the Personal Promotion Act, § 2 para. 3 of the Railways-Construction and Operating Regulations, § 3 (5) sentence 1 of the Road-Rail Construction and Operating Regulations, § § 19d and 20b of the Air Traffic Act or
3.
the provisions of the federal law on the use of sign language or other appropriate communication aids in § 17 para. 2 the First Book of the Social Code, § 57 of the ninth Book of the Social Code and § 19 (1) sentence 2 of the 10th Book of the Social Code.
Sentence 1 does not apply if a measure is taken on the basis of a decision in an administrative or social court litigation.(2) A lawsuit shall be admissible only if the association is affected by the measure in its statutory remit. In so far as a disabled person himself may or may have been able to pursue his rights by means of a design or performance action, the action referred to in paragraph 1 may be brought only if the association asserts that the measure is concerned with the measure a case of general importance. This is particularly the case when there is a large number of cases which have been stored in the same way. For the claims referred to in the first sentence of paragraph 1, the provisions of the 8. Section of the administrative court order in accordance with the proviso that a preliminary procedure is required even if the action taken has been adopted by a supreme federal or state authority.(3) On a proposal from the members of the Advisory Board on the Participation of Disabled People, pursuant to § 64 para. 2 sentence 2, 1. 3. 3. or 12. The Federal Ministry of Labour and Social Affairs can give recognition to the enumeration point of the ninth Book of the Social Code. It is intended to grant recognition if the proposed association
1.
according to its statutes is idealistic and not only temporarily promotes the interests of disabled people,
2.
after the composition of its members or member associations is called to protect the interests of disabled people To represent people at the federal level,
3.
at the time of recognition at least three years exists and has been active during that period within the meaning of point 1 is,
4.
provides the guarantee of proper performance; the nature and scope of the work to date, the membership circuit and the performance of the association, and
5.
exempted from corporation tax due to the pursuit of non-profit-making purposes pursuant to § 5 (1) No. 9 of the Corporate Tax Law

Section 4
Representative or Representative of the Federal Government for the Behalf Of Disabled People

unofficial table of contents

§ 14 Office of the representative for the interests of disabled people

(1) The Federal Government appoints a commissioner or a commissioner for the interests of the disabled people.(2) The responsible person shall be provided with the personnel and equipment necessary for the performance of their duties.(3) The Office shall end, except in the case of dismissal, with the convening of a new Bundestag. Non-official table of contents

§ 15 Task and powers

(1) The task of the person responsible is to work towards ensuring that the responsibility of the The Federal Government is responsible for ensuring equal living conditions for people with and without disabilities, in all areas of social life. In carrying out this task, it is committed to ensuring that different living conditions of disabled women and men are taken into account and that gender-specific disadvantages are eliminated.(2) In order to carry out the task referred to in paragraph 1, the Federal Ministries shall participate in all legislative, regulatory and other important projects to the extent that they deal with or touch on issues relating to the integration of disabled persons.(3) All federal authorities and other public authorities in the Federal Government are obliged to assist the responsible person in the performance of the task, in particular to provide the necessary information and to grant access to the file. The provisions on the protection of personal data shall remain unaffected.