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Law on Equality of Persons with Disabilities

Original Language Title: Gesetz zur Gleichstellung behinderter Menschen

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Law on Equality of Persons with Disabilities (disability equality law-BGG)

Unofficial table of contents

BGG

Date of completion: 27.04.2002

Full quote:

" Disabled Disability Act of 27 April 2002 (BGBl. I p. 1467, 1468), most recently by Article 12 of the Law of 19 December 2007 (BGBl. I p. 3024).

Status: Last amended by Art. 12 G v. 19.12.2007 I 3024

For more details, please refer to the menu under 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 Summary

Section 1
General provisions
§ 1 Legislative objective
§ 2 Women with disabilities
§ 3 Disability
§ 4 Accessibility
§ 5 Target Agreements
§ 6 Sign language and other communication aids
Section 2
Commitment to equality and accessibility
§ 7 Prohibition of discrimination against public authorities
§ 8 Making accessibility in the construction and transport sectors
§ 9 Right of use of sign language and other communication aids
§ 10 Design of sheids and pre-forms
§ 11 Barrier-free information technology
Section 3
Remedies
§ 12 Powers of representation in administrative or social procedures
§ 13 Verbandsklaequitable
Section 4
Representative of the Federal Government for the interests of disabled people
§ 14 Office of the representative for the interests of disabled persons
§ 15 Task and powers

Section 1
General provisions

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§ 1 Legislative objective

The aim of this law is to eliminate and prevent the disadvantages of disabled people and to ensure equal participation of disabled people in life in society and to ensure that they are self-determined To make it possible to live. Special needs are taken into account. Unofficial table of contents

§ 2 Disabled women

In order to ensure equal rights for women and men, the special needs of disabled women must be taken into account and existing disadvantages should be eliminated. Special measures should be taken to promote the effective enforcement of the equal rights of disabled women and to remove existing disadvantages. Unofficial table of contents

§ 3 Disability

People are disabled if their physical function, mental capacity or mental health is likely to deviate from the condition typical of life for more than six months, and therefore their participation in life in the Society is impaired. Unofficial table of contents

§ 4 Accessibility

Barrier-free are construction and other facilities, means of transport, technical utility objects, information processing systems, acoustic and visual information sources and communication facilities, as well as other designed areas of life, if they are accessible and usable for people with disabilities in the generally customary way, without special difficulty and in principle without external assistance. Unofficial table of contents

§ 5 Target agreements

(1) To the extent that specific legal or regulatory provisions are not in conflict, objective agreements between associations, which are recognized in accordance with Section 13 (3), and undertakings, shall be concluded for the purpose of establishing the accessibility of the barrier-free system. Business associations of the various sectors of the economy are to be found for their respective factual and spatial organisation or activity. The recognised associations may require the opening of negotiations on target agreements. (2) Target agreements for the establishment of accessibility include in particular:
1.
the determination of the agreement partners and the other rules on the scope and duration of validity,
2.
the establishment of minimum conditions on how to change areas of life within the meaning of § 4 in the future in order to meet the needs of disabled people for access and use;
3.
the date or a timetable for the fulfilment of the minimum conditions laid down.
They may also include a contract penalty for the case of non-performance or default. (3) An association referred to in paragraph 1 which requires the opening of negotiations shall have this under appointment in relation to the target agreement register (paragraph 5). of negotiating parties and the subject of negotiations. 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 have been established that only one association negotiates, the negotiations must be opened within four weeks. (4) A right to negotiation the third sentence of paragraph 1 shall not apply;
1.
during ongoing negotiations within the meaning of paragraph 3, for the non-acceding associations of disabled persons,
2.
with regard to those companies which are announcing that they are to join a target agreement on which negotiations are conducted by a business association,
3.
the scope and duration of a target agreement reached,
4.
in relation to those undertakings which have acceded to a target agreement which has been concluded without limiting the rights and obligations of all parties.
(5) The Federal Ministry of Labour and Social Affairs shall carry out a target agreement register in which the conclusion, the amendment and the cancellation of the target agreements shall be 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. Unofficial table of contents

§ 6 sign language and other communication aids

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

Section 2
Commitment to equality and accessibility

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§ 7 Prohibition of deprivation of discrimination for public authorities

(1) The departments and other bodies of the Federal Administration, including the federal bodies, institutions and foundations of public law, shall, within the scope of their respective duties, the objectives set out in § 1 actively promote and observe 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. In the application of laws for the effective enforcement of equality between women and men, account must be taken of the special concerns of disabled women. (2) A person responsible for public violence within the meaning of paragraph 1 may be entitled to People do not disadvantage. A disadvantage exists when disabled and non-disabled people are treated differently without compelling reason, thereby enabling people with disabilities to participate in life in society on an equal footing in the life of the disabled person. (3) Disclaimer prohibitions on the benefit of disabled persons in other legislation, in particular in the ninth book of the Social Code, shall remain unaffected. Unofficial table of contents

§ 8 Manufacture of accessibility in the fields of construction and transport

(1) Civilian new buildings as well as large civil reconstruction or extension buildings of the federal government, including the federal corporations, institutions and foundations of public law, are to be used in accordance with the generally accepted rules of technology Barrier-free design. 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 facilities, public roads, squares and roads, and public transport facilities and means of transport in the public sector. Passenger transport must be designed to be barrier-free in accordance with the relevant federal legislation. Further national regulations remain unaffected. Unofficial table of contents

§ 9 Law on the use of sign language and other communication aids

(1) Persons with hearing or language disabilities shall have the right, in accordance with the provisions of the legal regulation referred to in paragraph 2, to use institutions of public authority within the meaning of Section 7 (1) sentence 1 in German sign language, with voyage-related pasts or via other communicate appropriate communication aids to the extent that 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 (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,
1.
The reason for and scope of the claim to provide a sign language interpreter or other appropriate communication aids,
2.
the way in which sign language interpreters or other appropriate aids are provided for the communication between the hearing or the language disabled and the institutions of public authority;
3.
the principles for appropriate remuneration or reimbursement of necessary expenses for interpretation 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.
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§ 10 Design of foes and forms

(1) The institution of public authority within the meaning of the first sentence of Article 7 (1) has to take account of a person's disability in the design of written decisions, general orders, public service contracts and forms of form. Blind and visually impaired persons may, in accordance with the provisions of the legal regulation referred to in paragraph 2, in particular, require that they be referred to as public contracts, public service contracts and forms without additional costs, even in a form which is acceptable to them. (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, in which case the Federal Ministry of Labour and Social Affairs does not require the approval of the Federal Council. Events and the manner in which the documents referred to in paragraph 1 shall be blind and Visually impaired people. Unofficial table of contents

§ 11 Barrier-free Information Technology

(1) In accordance with Section 7 (1) Sentence 1, public authorities shall organise their websites and offers as well as the graphical programme surfaces made available by them, which shall be represented by means of information technology, in accordance with In accordance with the Regulation to be adopted in accordance with the second sentence, technically the principle that they can be fully used by disabled persons in principle is technically possible. The Federal Ministry of Labour and Social Affairs determines by means of a regulation which does not require the approval of the Federal Council, in accordance with the technical, financial and administrative organizational possibilities.
1.
the groups of disabled persons to be included in the scope of the Regulation,
2.
the technical standards to be applied and the date of their binding application;
3.
the areas and types of official information to be designed.
(2) The Federal Government has an effect on the fact that commercial providers of Internet pages as well as graphic programme surfaces, which are represented by means of information technology, by target agreements according to § 5 their products in accordance with the technical standards referred to in paragraph 1.

Section 3
Remedies

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§ 12 Reacting powers in administrative or social proceedings

If disabled persons are injured in their rights under § 7 para. 2, § 8, 9 para. 1, § 10 para. 1 sentence 2 or § 11 para. 1, they may in their place and with their consent associations according to § 13 paragraph 3, which are not themselves involved in the proceedings, Apply for legal protection; the same applies in the event of violations of federal law, which are entitled to the establishment of accessibility within the meaning of § 4 or to the use of Gebärden or other communication aids within the meaning of § 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. Unofficial table of contents

§ 13 Association of the rights of association

(1) A federation recognised in accordance with paragraph 3 may, without being infringed in its rights, bring an action in accordance with the Administrative Court or the Social Justice Act to establish a breach of
1.
the prohibition of discrimination against public authorities in accordance with § 7 para. 2 and the obligation of the federal government to establish accessibility in § 8 para. 1, § 9 para. 1, § 10 para. 1 sentence 2, § 11 para. 1,
2.
the provisions of the Federal Law for the Production of Accessibility in § 46 (1) sentence 3 and 4 of the Federal Electoral Regulations, § 39 (1) sentence 3 and 4 of the European Electoral Regulations, § 43 (2) sentence 2 of the Electoral Regulations for Social Security, § 17 (1) No. 4 of the Federal Electoral Regulations § 4 (1) (d) of the Municipal Transport Finance Act, § 3 (1) sentence 2 and § 8 (1) of the German Federal Foreign Office Act, § 8 (3) sentence 3 and 4, and § 13 (2a) of the German Federal Act on the Law of the Federal Republic of Germany (Bundesfernstrasse) Passenger Transport Act, Section 2 (3) of the Railway-Building and Operating Regulations, § 3 (5) sentence 1 of the Road construction and operating regulations, § § 19d and 20b of the Air Transport Act, or
3.
the provisions of the federal law on the use of sign language or other appropriate communication aids in § 17 para. 2 of the First Book of the Social Code, § 57 of the Ninth Book Social Code and § 19 para. 1 sentence 2 of the Tenth Book Social Code.
Sentence 1 shall not apply if a measure has been adopted on the basis of a decision in an administrative or social court dispute proceedings. (2) A lawsuit shall be admissible only if the association by the measure in accordance with its statutes Role is touched. 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 of the Members of the Advisory Board for the Participation of Disabled People, pursuant to § 64 (2) sentence 2, 1., 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.
promotes the interests of disabled people in an ideal and not only temporary way, according to its statutes,
2.
the composition of its members or member associations is called to represent the interests of disabled persons at the federal level,
3.
at the time of recognition, has been at least three years and has been active during that period within the meaning of point 1;
4.
provides the guarantee for a proper fulfilment of tasks, taking into account the nature and scope of its previous activities, the membership circuit and the performance of the club, and
5.
is exempt from corporation tax due to the pursuit of non-profit purposes pursuant to Section 5 (1) (9) of the Corporate Tax Law.

Section 4
Representative of the Federal Government for the interests of disabled people

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

(1) The Federal Government shall appoint a commissioner or a commissioner for the interests of disabled persons. (2) The responsible person shall be provided with the personnel and equipment necessary for the performance of their duties. (3) The The office ends, except in the case of dismissal, with the meeting of a new Bundestag. Unofficial table of contents

§ 15 Task and powers

(1) The task of the responsible person is to work towards ensuring that the responsibility of the Federal Government to ensure equal conditions of living for people with and without disabilities is fulfilled 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) To fulfil the task of In paragraph 1, the Federal Ministries participate in all matters of law, regulation and other important projects, insofar as they deal with or affect issues relating to the integration of disabled persons. (3) All federal authorities and other relevant Public authorities in the federal government are obliged to provide the To assist 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.