Law No. 53 Of 1 June 1992 Special Protection Of Handicapped Persons

Original Language Title:  LEGE nr. 53 din 1 iunie 1992 privind protecţia specială a persoanelor handicapate

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LAW No. 53 of 1 June 1992 relating to the protection of persons with disabilities published in PARLIAMENT ISSUING the OFFICIAL GAZETTE NR. 119 of 4 June 1992, the Romanian Parliament adopts this law.


Article 1 (1) the disabled within the meaning of this law are those persons who, due to physical or sensory deficiencies, cannot integrate totally or partially, temporarily or permanently, by their own opportunities, in social and professional life, necesitind special protective measures.
  

(2) employment in a disabled category that needs special protection is done through the certificate issued by the medical expertise commissions and recovering work capacity of medical expertise and practices recovering work capacity operating in the framework of territorial adult polyclinics, and diagnostic and triage committees and of the sectors of Bucharest children's nutrition. Refusal of employment in a disabled category shall be made by certificate issued under the same conditions.
  

(3) licences issued under the conditions laid down in paragraph 1. (2) can be appealed within 30 days of the communication of medical expertise commissions and recovering work capacity which function under the auspices of medical expertise offices and recovering work capacity of the sectors respectively, the District of Bucharest, for adults, and the county health departments and Bucharest, for kids who rule through decisions.
  

(4) Decisions issued under the conditions of paragraph 1. (3) may be appealed according to the law on administrative courts no. 29/1990.
  


Article 2 of the special protection measures provided for in this Act are aimed at preventing, alleviating, the removal of consequences of the professional, economic and social aspects of disability and equalization of opportunities: to enable early detection) and persons with disabilities;
  

b) healthcare and education of normal or handicapped persons;
  

c school-vocational orientation), qualifications, supporting employment and social integration of handicapped persons.
  


Article 3 Special Protection of handicapped persons is carried out by institutionalized forms, building-material rights shall be prescribed by law, and neinstitutionalizate via specific forms.


Article 4 access in buildings and public places, as well as the healthcare units and social assistance will be arranged accordingly, through adaptation or construction so as to not constitute obstacles or other architectural barriers for disabled people.


Article 5 Persons with disabilities have the right to: (a) medical assistance) by providing free medicines and treatment in health units and workstations, prostheses, orthoses, orthopaedic appliances, devices, equipment and training materials-for those who, with an average monthly income per person in the maintenance of less than the minimum gross salary per country, indexed, as well as free medical care at home for disabled nedeplasabile;
  

(b) exemption from payment of taxes) for prostheses, orthoses, orthopaedic appliances, devices, equipment and training materials, medicines and compensatory, every 8 years, your choice for mopeds, motorcycles or passenger vehicles specially adapted to transport disabled persons, as well as for spare parts required for its own use;
  

(c) exemption from payment of fees) subscription for owners of radios and televisions they are easy for the degree I disability; This right also benefit families who have dependents such persons;
  

d) reduce the cost of entry tickets for shows, museums, artistic and sporting events, in the same conditions as those for pupils, students and conscripts;
  

e installing the station's priority) telephone charges and exemption from payment of installation, transferring and telephone subscription, as well as the cost of 50 pulses for common to two subscription-subscribe and 100 pulses for subscription-individual line, i.e. 400 impulses for the blind;
  

f) free urban transport with means of public transport for those they are easy for I or II degree disability; free long distance transportation within 12 trips to the country, round-trip per year, second class train, buses or ships for maritime transport and river people, units with state capital for those they are easy for the degree I disability; benefit from these rights and the attendant when travelling with handicapata on the basis of special passes; people with kidney disease requiring hemodialysis, other than the home benefits from free and over limit, depending on the recommendation of the hemodialysis Center; those they are easy for the degree of disability shall receive one half of the number of long-distance travellers give established for those they are easy for the disability grade I.
  


Article 6 disabled, protected by neinstitutionalizate forms, receive free access to:) and equal in any educational institution, day, evening courses or without frequency in relation to the restantul and recovery potential, while respecting the provisions of legislation of the educational system.
  

b home) preparing disabled children homebound, the duration of compulsory education. Of this possibility shall be entitled, upon request, and disabled adult nedeplasabile in years up to 30 years. School preparation at home of handicapped persons will be ensured under the conditions and according to the rules laid down by the Ministry of education and science, the State Secretariat for Disabled and the Ministry of economy and finance;
  

c) employment in a salarizata of handicapped persons qualified by regular or special education, in jobs affordable and as close to their place of residence, in accordance with the law;
  

d) on demand for retirement work with reduction of seniority in employment, according to the law;
  

e) priority in renting, buying and building housing State and fund allocation on demand of the apartments at the lower levels of the building;
  

f) granting in addition to State-run houses, on request, of disabled persons placed in degree of disability, and families who have a minor dependent handicapped;
  

g) granting loans for the purchase or construction of housing, in the most favourable conditions provided for by law;
  

h) priority to purchase durable household objects, as well as vehicles adapted or that can be adapted for use or transport of persons with disabilities;
  

I use the allocation) mopeds and motorcycles adapted for persons with locomotory deficiencies, according to criteria established by the Health Ministry and the State Secretariat for Handicapped;
  

j) additional annual leave, set according to the law regarding annual leave and other leave of employees;
  

k) prenatal leave starting 6th month of pregnancy, granted upon request;
  

l) setting the rent for housing from the State housing stock at the minimum rate required by law, and for the blind, reduced by 50%.
  


Article 7 (1) a person who has the care of a child handicapped, upon request, shall enjoy the following rights: a) paid leave for child care, handicapped the fulfillment of the age of 3 years;
  

b) medical leaves for handicapped, sick child care due to intercurrent, and recovery treatment, until the fulfilment by the child of the age of 18.
  

(2) a person who has the care, supervision and assistance to juvenile or adult permanently handicapped receive: a) a salary at minimum wage level of gross domestic product, monthly, of social assistance with preparing medium-debutant, throughout the duration of the disability;
  

b) that period as recognition of the work shall take into consideration the age limit for retirement, according to enrollment in employee work carried out by the territorial State inspectorates for the handicapped, which conclude contracts of employment to such persons under the conditions laid down in the legislation for domestic staff, social surveys periodically tiles.
  


Article 8 (1) a person incapable of working adults, because of disability, receive special monthly aid worth 50% of minimum gross basic salary per country, indexed, throughout the duration of the disability, unless other revenue own except for survivor's pension; those with incomes up to this amount will receive the difference up to the level of special aid; for diseases that creates irreversible disability, the aid shall be fixed throughout their lives.
  

(2) Nevazatorii benefit from monthly income in the form of a social pension to the level of the minimum gross basic salary per country, indexed, regardless of age and income derived from salaries, throughout the duration of the disability to those they are easy for the degree I invalidity and 50% of the amount determined for these ones they are easy for the degree of disability; blind persons, which cumulates salary pension for age limit retirement I.O.V.R. retirement pension or loss of work capacity, can opt for them or for social pensions. Nevazatorii which does not contain salarizata activity social pensions with one of the other pensions determined according to the law.
  


Article 9


(1) Disabled Children up to 18 years of age fulfillment in family maintenance, receive State allowance for children in the amounts provided by law, increased by 100%.
  

(2) State allowance for children also benefit disabled children whose parents do not fit into the categories prescribed by law for the grant of the allowance.
  


Article 10 Maintenance Allowance for the handicapped, minors are in family placement or entrust a family times people on the basis of legal provisions, shall be at the level of a minimum wage per country throughout as they stood in full maintenance of a healthcare institution.


Article 11 Of the rights referred to in article 21. 5 letter e), art. 6, art. 7 para. (2), art. 8 para. (1) and art. 9 of this law may not benefit disabled persons placed in social care institutions, special education, social welfare and medical treatment in which ensure full maintenance by the State.


Article 12 The money granted rights under this law shall add compensations and indexarile at the same date and under the same conditions as for pensions for age limit.


Article 13 entry into force of this law shall constitute the "Fund of risk and accident", from the following sources: a) a share of 1% on the salary Fund conducted monthly by 1900, company, cooperative organizations, foreign economic organizations with headquarters in Romania, the subsidiaries in Romania foreign firms employ personnel and individuals who use employment;
  

b) donations of individuals and legal entities in the country and abroad, in compliance with established attractions of the donor;
  

c) a subsidy from the State budget from the budget reserve fund at the disposal of the Government, in order to complete the Fund through sources; the a and b)), it is not covering.
  


Article 14 financial Facilities. 5 letter a), c), (d)), e), f), art. 7 para. (2), art. and article 8. 9 enjoyed by disabled people, as well as the costs of payment rights shall incur the risk and accident.


Article 15 (1) Fund risk and accident constituted and used for the payment of the rights provided for in this law is administered by the State Secretariat for Handicapped and has special funds regime of the law on public finance. Availability of the resources of this Fund are interest-bearing.
  

(2) the credit risk Fund and crash, recorded by year's end, the spill from the State budget, up to follow. The amounts remaining after carrying out this operation shall be carried over into next year, with the same destination.
  


Article 16 (1) employment categories of persons with disabilities who require special protection is done according to criteria of functional diagnostics, clinical diagnosis and assessment of work capacity, developed by the Ministry of health and Ministry of labor and social protection for grades I, II, and III of invalidity, for adults and for children, the Ministry of health.
  

(2) within 90 days after the publication of the law in the Official Gazette of Romania, Ministry of health and the Ministry of labour and social security shall develop a list of criteria.
  


Article 17 (1) disabled persons shall enjoy the rights and financial facilities money prescribed by the present law to 90 days from the date of publication in the Official Gazette of Romania.
  

(2) on the same date shall repeal H.C.M. nr. 1060 15 May 1968 regarding the granting of allowances for transport to pensioners and recipients of social benefits into the degree of disability and blind, H.C.M. nr. 2466 of 30 December 1969 on granting of gratuities for transporting invalids and war accidentatilor employed in the 1st degree invalidity or large mutilated, and their cabin crew, art. 1 (1). 1, art. 4, art. 5 and art. 6 of the Romanian Government Decision No. 610 of 25 May 1990 concerning the granting of certain rights to the blind, and any other provisions to the contrary.
  

This law was adopted by the Senate at its meeting on 27 May 1992, in compliance with the provisions of art. 74 para. (1) of the Constitution of Romania.
Academic SENATE PRESIDENT ALEXANDRU BÂRLĂDEANU this law was adopted by the Chamber of deputies at its meeting of 27 May 1992, in compliance with the provisions of art. 74 para. (1) of the Constitution of Romania.
PRESIDENT Of The CHAMBER Of DEPUTIES MARTIAN D — — — — — — — — — — — — — — — — — —