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Law No. 8 Of 18 January 2016 On The Establishment Of The Mechanisms Provided For In The Convention On The Rights Of Persons With Disabilities

Original Language Title: LEGE nr. 8 din 18 ianuarie 2016 privind înfiinţarea mecanismelor prevăzute de Convenţia privind drepturile persoanelor cu dizabilităţi

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LEGE no. 8 8 of 18 January 2016 (* updated *) on the establishment of mechanisms under the Convention on the Rights of Persons ((updated until 30 June 2016 *)
ISSUER PARLIAMENT




---------- The Romanian Parliament adopts this law + Title I General provisions + Article 1 In order to implement the Convention on the Rights of Persons with Disabilities, ratified by Romania Law no. 221/2010 , hereinafter referred to as the Convention, the Council for the Monitoring of the Implementation of the Convention, hereinafter referred to as the Monitoring Council, is hereby designated as the Mechanism for Coordination of Measures for the Implementation of the Convention, continued coordination mechanism, as well as the Contact Points for the implementation of the Convention, hereinafter referred to as Points of Contact. + Article 2 (1) The present law, in accordance with the principles of the Convention, recognizes that disability is an evolving concept and that it results from the interaction between persons with disabilities and the barriers of attitude and environment that prevent participation their full and effective in society on equal terms with others. (2) Within the meaning of this law, institutions subject to monitoring of the Monitoring Council shall mean public or private residential facilities, intended to serve persons with disabilities, as well as hospitals/psychiatric wards. (3) Within the meaning of this law, the rights of persons with disabilities shall be understood as the patrimonial and non-patrimonial rights guaranteed to these persons by the Convention and by special laws. + Title II Monitoring Board + Chapter I Establishment and tasks of the Monitoring Board + Article 3 In order to promote, protect and monitor the implementation of the Convention, the Monitoring Board is established, an autonomous administrative authority with legal personality, under parliamentary control, based in Bucharest. + Article 4 In order to achieve its purpose, the Monitoring Board shall perform the following tasks, in compliance with the principles of legality, respect for the dignity of persons, non-discrimination, equal opportunities, and functional independence and staff, impartiality and objectivity: a) regularly examine the observance of the exercise of the rights of persons with disabilities within the institutions provided in art. 2 2 para. ((2); b) make recommendations on respect for the rights of persons with disabilities located in the institutions provided in art. 2 2 para. ((2) and monitor their implementation by public or private entities that have powers to do so; c) verify the legality of the presence of persons with disabilities in the institutions referred to in 2 2 para. ((2); d) immediately notify the competent judicial bodies whenever there are indications that the violation of the rights of persons with disabilities was made by acts of a criminal nature and may make a complaint, if applicable, against untraceable solutions or unarraignment; e) notifies the legal competent authority to order disciplinary or contravention sanctions or to suspend, withdraw and cancel the accreditation of the institutions provided in art. 2 2 para. (2), in cases of violation of the rights of persons with disabilities; f) receives and analyzes the notifications of death transmitted according to art. 13 by the institutions referred to in art. 2 2 para. ((2); g) pursues if in the cases of death of persons with disabilities the institutions provided in art. 2 2 para. (2) notify the judicial bodies in order to perform the forensic autopsy, according to the law; h) facilitates the involvement and participation of civil society, in particular, of the disabled and of the organisations representing them, at the monitoring process it organises; i) facilitates access, announced or unannounced, of representatives of non-governmental organizations provided in art. 5 5 para. (1), in the institutions referred to in art. 2 2 para. (2), for the purpose of monitoring the observance of their rights; in order to ensure persons with disabilities an independent representation before a court or before any other independent body, the said non-governmental organizations have quality active standing in defence of the rights and legitimate interests of these persons; j) collaborate, whenever necessary, with the institution of the Ombudsman, as a national authority designated for the prevention of torture and inhuman and degrading treatment; k) collaborate, whenever necessary, with the Contact Points, in order to fulfill by them the role that lies with them by the Convention and by this law. + Chapter II Organisation and functioning of the Monitoring Board + Article 5 (1) The monitoring board is headed by a president and a vice president, appointed by the Senate, with the opinion of the Senate Committee on Human Rights, Cults and Minorities, on the proposal of non-governmental organizations carrying out programs defense of the rights of persons with disabilities and non-governmental organizations representing persons with disabilities. (2) Within 30 days from the date of entry into force of this Law, the non-governmental organizations referred to in par. (1) will submit, in writing, to the Senate Committee on Human Rights, Cults and Minorities, the proposals for the appointment of the President and Vice President of the Monitoring Board The Senate and Senate committee on human rights, cults and minorities will complete the notices and appointments in office within 60 days of the date of entry into force of this law. (3) Non-governmental organizations provided in par. (1) will make at least two proposals for each function. (4) The application proposals shall be submitted to the Standing Senate Office which, within 5 days of their receipt, will order their publication on the Senate website, together with the accompanying documents: the candidate's CV, a project of the candidate regarding the effective application of the provisions of the present law, the letter of proposal from the non-governmental organization, as well as possible recommendations on expertise in the field of defense disability. (5) The Senate Committee on Human Rights, Cults and Minorities will hear candidates for the post of president and vice president in public sitting. (6) The term of office of the President and of the Vice-President shall be 4 years and may be renewed once. (7) The position of president is assimilated to the position of secretary of state, and the position of vice president of office of undersecretary of state (8) The President has the status of principal authorising officer. It leads the activity of the Monitoring Council and represents it in the relations with the other central and local public administration authorities, with Romanian and foreign legal entities and individuals. (. In the exercise of his duties, the President shall issue orders and instructions. The orders and instructions of a normative nature shall be published in the Official Gazette of Romania, Part I, under the law. + Article 6 May be appointed Chair or Vice President of the Monitoring Board any person who cumulatively meets the following conditions: a) has full exercise capacity; b) has higher education graduates with a bachelor's degree; c) has expertise in the field of human rights, especially in the field of rights of persons with disabilities. + Article 7 The President and the Vice President of the Monitoring Board may be revoked or relieved of their duties only in the following cases a) resignation; b) incapacity to work, according to the law; c) if they have been definitively convicted of a deed provided by the criminal law; d) if they no longer meet the conditions provided in art. 6 6; e) on the reasoned proposal of those who endorsed or proposed to be appointed, in compliance with the procedure of art. 5 5 para. ((2). + Article 8 (1) The maximum number of posts, excluding dignitaries, is 21, respectively 6 contract staff positions and 15 posts of civil servants, including 10 monitoring inspectors, and falls under the law. (2) The functions of the monitoring inspector are public functions with special status. For their occupation it is necessary to meet the conditions provided in art. 6. (3) The organizational structure, the state of functions, the structure of the posts on compartments, as well as the Regulation on organization and functioning of the Monitoring Board are approved by order of the President of the Monitoring Board. (4) The tasks, tasks and individual responsibilities of the staff of the Monitoring Board shall be established by the job description, based on the organization and functioning regulations. ---------- Article 8 has been amended by the subsection. 1 1 of section XV of art. 8 of EMERGENCY ORDINANCE no. 40 40 of 28 June 2016 published in MONITORUL OFFICIAL no. 490 490 of 30 June 2016. + Article 9 (1) The financing of the current and capital expenditure of the Monitoring Board shall be fully ensured from the state budget. These expenses will also include covering the costs of transport, accommodation and meals of external collaborators. The draft budget shall be drawn up by the chairman of the Monitoring Council and shall be submitted to the Ministry of Public Finance, in order to be included in the draft state budget. ((1 ^ 1) The salary of the staff of the Monitoring Board shall be performed accordingly to similar functions in the apparatus of the two Houses of Parliament, under the law. ---------- Alin. ((1 ^ 1) of art. 9 9 was introduced by the subsection. 2 2 of section XV of art. 8 of EMERGENCY ORDINANCE no. 40 40 of 28 June 2016 published in MONITORUL OFFICIAL no. 490 490 of 30 June 2016. ((1 ^ 2) Where there are specific functions not found in the Annexes to the Framework law no. 284/2010 on the salary of paid personnel from public funds, with subsequent amendments and completions, the provisions of art. 28 28 para. ((2) of this normative act. ---------- Alin. ((1 ^ 2) of art. 9 9 was introduced by the subsection. 2 2 of section XV of art. 8 of EMERGENCY ORDINANCE no. 40 40 of 28 June 2016 published in MONITORUL OFFICIAL no. 490 490 of 30 June 2016. (2) The remuneration of the external collaborators of the Monitoring Board, referred to in art. 14 14 para. ((2), shall be made within the limits of the amounts allocated with this destination in the annual budget of the Monitoring Board, for each visit, on the basis of the framework protocol agreed between the President of the Monitoring Board and each selected external contributor under art. 14 14 para. ((2) and (3). (3) Through the care of the Government of Romania, the Monitoring Board will be provided with a headquarters within 60 days from the date of entry into force of this Law. + Chapter III Monitoring activity + Section 1 General provisions + Article 10 The activity of monitoring the institutions provided for in art. 2 2 para. (2) is carried out by monitoring visits and by informing in any other way the respect for the rights of persons with disabilities by these institutions. + Article 11 (1) The monitoring visits shall be carried out, as a rule, unannounced, on the basis of an annual visiting program established by the President of the Monitoring or Unscheduled Council, available to him. (2) Monitoring visits will be scheduled so that: a) to target with the highest priority the institutions provided in art. 2 2 para. (2) where cases of serious violations of the rights of persons with disabilities have been noticed; b) to cover balanced the types of institutions referred to in art. 2 2 para. (2) and their geographical location; c) to follow the evolution of the situation found on the occasion of previous visits to the institutions provided in 2 2 para. ((2) (follow-up visits). + Article 12 In order to carry out the tasks of monitoring the institutions provided for in 2 2 para. ((2), the Monitoring Board shall be provided with: a) access to all information and documents related to the number of persons with disabilities in these institutions, as well as to the number and location of institutions; b) access to all information and documents concerning the treatment of persons with disabilities, the measures ordered towards them, the conditions in which they live and carry out their activity or any other aspects relevant to the performance of the Monitoring Board; c) unannounced access to all institutions provided in art. 2 2 para. (2) and at their facilities and facilities; d) the freedom to choose the institutions he wants to visit and the people with whom he wants to have meetings; e) the conditions necessary to have meetings with the chosen persons, without witnesses, either personally or with an interpreter, if deemed necessary, as well as with any other person whom the visiting team considers may provide information pertinent; f) the knowledge, immediately, by the institutions provided in art. 2 2 para. (2), on the cases of death of persons with disabilities in them and on the complaint of judicial bodies, according to the law, on these deaths, according to art. 13 13; g) the right to make referrals and recommendations to the competent authorities; h) the right to be informed, within the legal or expeditious period, of the measures taken by the competent authorities as a result of the referrals, recommendations and measures it has ordered; i) active standing in defense of the rights and legitimate interests of persons with disabilities; j) the right to keep in touch with the Committee for the Rights of Persons with Disabilities, to send information and to meet its members; k) the right to publish and disseminate their own reports. + Article 12 ^ 1 The monitoring board has its own car park consisting of four cars, including at least two cars accessible for people with physical disabilities. Fuel consumption and the use of the car park are established according to the legal provisions in force. ---------- Article 12 ^ 1 was introduced by the sub-item. 3 3 of section XV of art. 8 of EMERGENCY ORDINANCE no. 40 40 of 28 June 2016 published in MONITORUL OFFICIAL no. 490 490 of 30 June 2016. + Article 13 (1) The institutions provided in art. 2 2 para. (2) have the obligation to notify immediately the Monitoring Board on each case of death of persons with disabilities in them. (2) Within 24 hours from the date of arrival of the notified death the institutions shall send a second notification, which shall include at least the following information: the name and address of the institution, the name of the head of the institution and of the doctor who found the death, name, disability and age of the deceased person, cause of death, whether or not the deceased had caregivers and their contact details, as well as how to comply with the institution's obligation to notify the organs judicial, according to the law, on these deaths. The model of the notification shall be approved by order of the President of the Monitoring Board, within 60 days from the date of its appointment. (3) The notifications provided in par. ((1) and (2) shall be transmitted by fax or e-mail, until the date of implementation of a unified electronic reporting and reporting system. + Section 2 Monitoring visits and reporting + Article 14 (1) The monitoring visits shall be carried out by visiting teams composed of 3 members, including a monitoring inspector from the Monitoring Board and 2 independent experts, as external collaborators. Team decisions are made by consensus or by a majority of members ' vote ---------- Alin. ((1) of art. 14 14 has been modified by the subsection. 4 4 of section XV of art. 8 of EMERGENCY ORDINANCE no. 40 40 of 28 June 2016 published in MONITORUL OFFICIAL no. 490 490 of 30 June 2016. (2) Independent experts shall be selected following an announcement published on the website of the Monitoring Board, by a panel made up of the Chair, the Vice-Chair of the Monitoring Board and 3 monitoring inspectors of the to the latter, chosen by drawing lots. Selected independent experts must have experience in the field of human rights and the rights of persons with disabilities. The selection of independent experts will pay attention to gender-balanced representation and participation of people with disabilities. ---------- Alin. ((2) of art. 14 14 has been modified by the subsection. 4 4 of section XV of art. 8 of EMERGENCY ORDINANCE no. 40 40 of 28 June 2016 published in MONITORUL OFFICIAL no. 490 490 of 30 June 2016. (3) Following the selection procedure provided in par. ((2), the selection committee will follow the selection of at least 20 independent experts, who will conclude a framework protocol with the Monitoring Board. The selection procedure and the content of the framework protocol will be determined by order of the President of the Monitoring Board, within 60 days from the date of its appointment. (4) The findings resulting from the monitoring visits are contained in the visit reports. The reports include recommendations made by the Monitoring Board. (5) The visit report shall be drawn up by the members of the monitoring team, within 30 days from the date of its completion, shall be approved by the President of the Monitoring Board and shall be communicated to the institutions visited and to the public authorities in the subordination and coordination of which they are (6) The visited institution has the obligation to communicate to the Monitoring Board, within 30 days, a reasoned response on the recommendations and measures ordered. (7) The visit report, as well as the reasoned response provided in par. ((6) shall be public and shall be displayed on the website of the visited institution, that of the public authority under whose direction and coordination, as well as that of the Monitoring Board, with the exception of personal data. (8) The Monitoring Board shall draw up an annual activity report, which shall be endorsed by the Committee on Human Rights, Religious Affairs and Minorities of the Senate and approved by its plenary. + Title III Coordination mechanism + Article 15 (1) In order to fulfill the provisions of art 33 33 para. (1) of the Convention shall be designated the National Authority for Persons with Disabilities as the Coordination Mechanism on the implementation of the Convention. ---------- Alin. ((1) of art. 15 15 has been modified by the subsection. 5 5 of section XV of art. 8 of EMERGENCY ORDINANCE no. 40 40 of 28 June 2016 published in MONITORUL OFFICIAL no. 490 490 of 30 June 2016. (2) Within 60 days from the entry into force of this Law, the Coordination Mechanism will be established, by order of the Minister of Labour, Family, Social Protection and Elderly, the role of the Convention. + Title IV Contact points + Article 16 (1) For the purpose of implementing art. 33 of the Convention, a Contact Point is established for the implementation of the Convention within each of the following ministries: Ministry of National Education and Scientific Research, Ministry of Justice, Ministry of Health, Ministry of Justice Communications and for the Information Society and the Ministry of European Funds. (2) Each Contact Point shall be responsible for the implementation of the Convention at the level of the Ministry in which it operates, with the following tasks: a) together with the Coordination Mechanism formulate and submit for adoption public policies and programmes implementing the Convention in the field of the Ministry within which it operates, by closely consulting and involving active persons with disabilities, including children with disabilities, through the organizations representing them; b) provide the Coordination Mechanism, upon request, data about the implementation activity of the Convention at the level of the relevant ministry; c) analyze and publish reports on the implementation of the Convention in the field related to the Ministry in which it operates; d) maintains the link and collaborates with the Coordination Mechanism and the Monitoring Board to identify the main courses of action for the full implementation of the Convention. (3) In order to fulfill the role of the Convention, the institutions and public authorities referred to in art. 2 2 para. (2), as well as the Ombudsman have the obligation to communicate to each Contact Point, upon request, all the information and data requested. (4) Each Point of Contact shall fall within at least one expert in the scope of the Convention and in the development of public policies. (5) Within 30 days from the date of entry into force of this Law, by order of the Minister at the level of each ministry referred to in par. (1), the organization and functioning of the Contact Point within the respective ministry will be regulated, and within 90 days from the date of entry into force of this law the experts will be selected and appointed to the position. + Title V Final provisions + Article 17 On the date of entry into force of this Law, any provisions to the contrary, as well as art. 2 2 of Law no. 221/2010 for the ratification of the Convention on the Rights of Persons with Disabilities, adopted in New York by the United Nations General Assembly on 13 December 2006, opened for signature on 30 March 2007 and signed by Romania on 26 September 2007, published in the Official Gazette of Romania, Part I, no. 792 792 of 26 November 2010. This law was adopted by the Romanian Parliament, in compliance with the provisions of art. 75 75 and art. 76 76 para. (1) of the Romanian Constitution, republished.
CHAMBER OF DEPUTIES PRESIDENT
VALERIU-STEFAN ZGONEA
SENATE PRESIDENT
CĂLIN-CONSTANTIN-ANTON POPESCU-TARICEANU
Bucharest, 18 January 2016. No. 8. -----