Law 10 March 2015 28 - "law - Framework For Assistance, Including Social Ei Rights Of Persons With Disabilities"

Original Language Title: Legge 10 Marzo 2015 N.28 - "legge - Quadro Per L'assistenza, L'inclusione Sociale E I Diritti Delle Persone Con Disabilit"

Read the untranslated law here:

Microsoft Word - L028-2015.doc SAN MARINO We the Captains Regent of the Most Serene Republic of San Marino Having regard to Article 4 of the Constitutional Law no.185 / 2005 and Article 6 of Qualified Law n.186 / 2005; We promulgate and publish the following ordinary law approved by the Great and General Council at its meeting on February 23, 2015: March 10, 2015 LAW No. 28-LAW FRAMEWORK FOR ASSISTANCE, SOCIAL INCLUSION AND RIGHTS OF PERSONS WITH DISABILITIES Art. 1 (principle lines) 1. in order to protect people with disabilities expressed in all its forms and spirit of the principles enshrined in the "Declaration of the rights of Citizens and Fundamental principles of San Marino legal order" and the "United Nations Convention on the rights of persons with disabilities ", ratified by the Great and General Council on 29 January 2008, the present law guarantees the security of the person, the quality of life, the protection of human rights as well, all those forms of support to enable the person with disabilities to fully enjoy their existence in all its aspects. Art. 2 (Purpose) 1. The Republic of San Marino: a) ensure full respect for human dignity and the rights of freedom of the person with disabilities and promotes the full, concrete and real inclusion in school, at work and in society; b) prevents and removes the exclusion conditions, which prevent the development of the human person as a whole, and in relations with the company; c) pursues and ensures the functional and social rehabilitation of the person with physical impairment, mental, sensory and intellectual, as well as the legal and economic protection equal and effective for persons with disabilities; d) prohibits both direct and indirect discrimination based on disability; e) adopt, in order to promote equality and eliminate discrimination, all necessary steps to ensure reasonable accommodation and accessibility; * * To coordinate f) promote, protect and ensure the full and equal enjoyment of all human rights and fundamental freedoms by all persons with disabilities and respect for the inherent dignity of every person; g) considers the family the natural and fundamental group unit of society and thus recognize its right to be protected. Recognizes, therefore, to persons with disabilities and their family environment and in any case to those who care for them the right to receive assistance and protection necessary, such that enable them to contribute towards the full and equal enjoyment and fulfillment of the rights and duties by persons with disabilities; h) ensure the autonomy of the person with disabilities; i) ensure the implementation of the rules of this Act in relation to persons with disabilities and their families. Art. 3 (Definitions) 1. The term "disability", evolving concept, it defines the result of an interaction between people afflicted by deficits and cultural barriers, behavioral, environmental, physical and sensorial properties that hinder their full and effective participation in social life on par with other individuals. 2. The term "person with disabilities" means persons with physical impairment, mental, intellectual or sensory impairments which lasting or permanent, interacting with various barriers, may be hindered in their full and effective participation in society on the basis equal. 3. The term "social inclusion" means the full participation of persons with disabilities in the life of the society in which it operates, including the school inclusion, without any discrimination and on par with other individuals, and the 'implementation of policies aimed at encouraging the design of inclusive settings or facilitating the inclusion, through the abatement decisions of architectural barriers, cultural stereotypes, false social representations. 4. The term "communication" means the languages, display of text, Braille, tactile communication, large print, accessible multimedia as well as systems, the tools and the improvement on communication formats and alternative modes , simplified, with the aid of human players, augmentative and alternative modes, tools and formats of communication, including information and communication technologies accessible. 5. "Language" includes spoken and signed languages, as well as other forms of non spoken languages. 6. The expression "Discrimination based on disability" means any distinction, exclusion or restriction based on disability which has the purpose or effect of impairing or
nullifying the recognition, enjoyment or exercise, on an equal basis, of all human rights and fundamental freedoms in the political, economic, social, cultural and civil. This includes all forms of discrimination, including denial of reasonable accommodation. 7. The expression "Reasonable accommodation" means any modification and adaptation necessary and appropriate. These adjustments will be prepared in specific situations where they are necessary. 8. The term "Universal design" means the design of products, environments, programs and services usable by as many people, without requiring adaptations or special equipment. The "Universal design" should not be excluded, where necessary, the inclusion of care devices for particular groups of persons with disabilities. * * To coordinate 9. The expression "Universalism distribution" means financial support, or implemented through grants or through tax breaks, covering the entire population, but in the form inversely proportional to income. 10. The expression "Subsidiarity" specifies the quality of aid that society must give its members in order to enable them to actively participate as a truly free human beings in their own development and that of society. Art. 4 (General Principles) 1. This law sets out the principles of the system with respect to rights, social inclusion and care of the disabled person; these principles are based on: a) respect for inherent dignity, individual autonomy, including the freedom to make their own choices, and independence of persons; b) non-discrimination; c) Full and effective participation and inclusion in society; d) respect for difference and acceptance of persons with disabilities as members of humanity and expression of human diversity; e) equal opportunities; f) accessibility; g) equality between men and women; h) respect for the skills, constantly changing, children and youth with disabilities and respect for the right to preserve their own identity; i) guarantee close and constant integration between social type and health care, in order to ensure a multidisciplinary approach completeness. Art. 5 (Implementation of the UN Convention on the Rights of Persons with Disabilities - CRPD) 1. In accordance with Article 33 of the UN Convention on the Rights of Persons with Disabilities Sammarinese the Commission is established for the implementation of the Convention (UN CSD) with responsible for: a) to promote, protect and monitor implementation of the CRPD, taking into account the principles relating to the status and functioning of the institutions of the Republic of San Marino for the protection and promotion of human rights; b) to propose a three-year action plan for the promotion of the rights of persons with disabilities by identifying priorities, establishing time frames and strategies on disability and the promotion of inclusion work and school through awareness campaigns in collaboration with the Commission for Equal Opportunities ; The Plan will also have to assess the achievement of policy goals on disability and coordinate with the Health Plan and Social and Health Care developed by the Authority; c) identify and propose internal coordination mechanisms to the Government to facilitate related actions in different areas and at different levels; d) systematically collect data, promote the realization of studies and research; e) maintain contacts with international monitoring structures; f) for its report on the implementation of disability policies. 2. The UN CSD is composed of seven members: three chosen among the presidents of the San Marino associations of people with disabilities, giving priority to the three-year rotation, one representing unions, identified by two political majority and one from the minority among persons with skills relevant to the issues of disability. At least one member of * * to coordinate Commission should also have legal skills. The Commission works closely with the Authority for Equal Opportunities and with the Association of San Marino of people with disabilities. In choosing the members will proceed in accordance with paragraph 3 of Article 34 of the UN Convention. The meetings of the UN CSD are open to members of associations of San Marino of people with disabilities who wish to participate as observers and without voting rights. 3. The UN CSD is appointed by the Great and General Council, shall hold office for a term of three years, renewable for a second term, he appoints a President with functions
coordination, uses, for its operation, the support staff and structures operating in the field of disability. There are no fees for the CSD UN members. Up to competition EUR 10,000.00 CSD UN can draw on Chapter 10/01/2397 "Fund interventions on disability". Art. 6 (Data collection) 1. The Republic of San Marino undertakes to make and develop policies to give effect to this Act, on the basis of appropriate information, including statistical data and results of research, gathered by UN CSD in collaboration with the Office of Statistics, other relevant departments of the State and the associations of people with disabilities. 2. The process of collecting and maintaining this information shall: a) Comply with legally established safeguards at international level and with the ethical principles that protect the right to privacy; b) collecting the information in accordance with this article disaggregarle properly; this information should be used to assess the fulfillment of the obligations assumed by the Republic of San Marino at the time of ratification of the CRPD and to identify and remove the barriers that people with disabilities face in exercising their rights; c) assume responsibility for the dissemination of these statistics and information and ensure their accessibility to all people especially those with disabilities; d) carrying out a mapping of types of disability in the area of ​​a standard permitting and address the skills of future professionals. Art. 7 (Entitled) 1. The person with disability assessed and verified by the committee, referred to in Article 8 of this Act, be entitled to the benefits determined in its favor in relation to the nature and consistency of the deficit, the his individual potential benefits and effectiveness of rehabilitation therapies. 2. The condition takes on connotations of gravity where the deficit, single or multiple, related to age, significantly reduce the positive potential of social inclusion, so that it requires a permanent care intervention, continuous and comprehensive in the individual sphere or in that of report. The current situations of gravity determine priorities in the programs and interventions of public services both to the individual with disabilities to the family. 3. The related benefits are paid within the limits and conditions foreseen by international agreements and current legislation and according to the principle of universalism and distribution of subsidiarity. 4. If the condition of gravity indicated by the Social Services Commission is confirmed by the UN CSD, it may be permitted in the competent Social Services to intervene by bringing support for the disabled person and his family free of charge. * * To coordinate Art. 8 (Assessment of disability) 1. The investigations related to disability and residual positive potential are carried out by the competent socio-health personnel in identifying physical, mental, intellectual or sensory impairments, with the use of tools classification internationally recognized and related to any form of disability, both mental and physical. The findings are validated by the Commission for the check-ups Individual (CASI), regulated by a specific statutory instrument as in article 23, paragraph 1, assisted by an expert with specific expertise in the event of disability to be examined that has followed the course of treatment and socio-rehabilitative or who knows the story. On first inspection, the Commission prescribes the frequency with which to make any further testing. 2. People with severe congenital or acquired physical and mental impairments, having held that such disabilities, will have recognized its accompanying check and will not be subject to further checks by the CASI. Art. 9 (Autonomy and inclusion of people with disability) 1. The promotion of autonomy and the implementation of social inclusion are pursued by the Republic of San Marino by the following objectives: a) strengthening of scientific, genetic, biomedical, educational psychology , social, linguistic and technological including through programs designed and agreed with public and private institutions. This collaboration, which can also lead to removal of disabling causes, may also take place with the universities, the health and social services, considering the disabled person and his family or those who look after it, subject to the development of research center same;
b) organization and expansion of the services and general programs habilitation and rehabilitation, in particular in the areas of health, employment, education and social services. This activity has as its goal the early onset of the above programs, based on the multidisciplinary assessment of individual needs, abilities and potential of each and facilitating their participation and inclusion in all spheres of society; c) initial and ongoing training for professionals and operators of qualifying industry, educational, social and rehabilitative; d) prevention, diagnosis and prenatal and early therapy of deficits and systematic investigation of their causes; e) guarantee for the family or caregivers of persons with disabilities to have the right information to health and social that allows the global understanding of the event at the base of the deficit, aimed also to the possibilities of recovery and removal of the causes disabling and integration of people with disabilities in society; f) prevention in all stages of child development and the minor subject to tackle, as quickly as possible but in accordance with the principles enshrined in Articles 10 and 25 paragraph 1, letter a), b) and d) of the Convention of Nations United on the rights of persons with disabilities, with special care the occurrence of the damage or to reduce and overcome the deficit Came to; g) promote cooperation with the family or caregivers of persons with disabilities to implement social and health interventions to enhance their skills through appropriate psychological support and educational psychology, personal or family support services, tools, aids and technical aids and technological provision, where strictly necessary and to the essential period, additional economic measures to achieve the objectives referred to in this Article, as provided by the CRPD and current regulations. Tools, aids, technical and technological aids, aimed at obtaining social inclusion, are indicated by * * to coordinate social services responsible or CASI. The Republic is providing these aids to people with disabilities and establishes the procedures for disbursement of funds based on the principle of subsidiarity; h) appointment of a "Support Administrator", that enjoys the confidence of the disabled person or his family or those who look after it and ensure its full participation in all its activities. This figure must be properly established through a special legislative measure; i) startup aimed at involving the population information campaigns and projects, including through the help of organizations and associations of the private or public sector, to raise awareness, prevention, care deficits, rehabilitation and insertion social subject with disabilities; l) the possibility of the right to choice of services not present in the territory of the Republic among those affiliated with the Institute for Social Security considered most suitable for the assisted loading or those not under contract; m) keep the person with disabilities, preferably in their familiar environment and where this is not possible or desirable to provide appropriate supplementary services; n) to ensure the freedom of choice to the person with disabilities on an equal basis, their place of residence, as set out in Article 19 of the UN Convention. Art. 10 (General obligations of the Republic of San Marino) 1. The Republic shall undertake to ensure and promote the full realization of all human rights and fundamental freedoms for all persons with disabilities. Therefore the Republic of San Marino eliminates all discrimination based on disability. To this end, it shall seek to: - take legislative and administrative measures for the implementation of the rights enshrined in the UN Convention and the present Law on the Rights of Persons with Disabilities; - Take appropriate measures, including legislative, in order to modify or abolish existing laws, regulations, customs and practices that constitute discrimination against persons with disabilities; - Incorporate the protection and promotion of human rights of persons with disabilities in all policies, programs and projects; - Not to engage in any act or practice inconsistent with the CRPD and hereby states that it refers and ensure that the authorities and public institutions act in accordance with this Law; - Take appropriate measures to eliminate discrimination based on disability by any public or private entity, organization or person;
- Initiate or promote research and development of goods, services, equipment and facilities, according to the principles of universal design, in accordance with Article 3 paragraph 8 of this Act. These interventions use the minimum possible number of adjustments and the lower cost to meet the needs of persons with disabilities; - Initiate research and development and promote the availability and use of new technologies, including information and communication technologies, the assisted mobility systems, devices and assistive technologies, conceived and designed for people with disabilities, favoring a competitive cost technologies; - Ensure the accessibility of information to persons with disabilities in the area of ​​mobility aids, devices and assistive technologies, including new technologies, as well as other forms of assistance, support services and facilities; - Promote education in the field of the rights under this law for professionals and for those involved in the disability field, in order to improve care and services provided under those rights. * * To coordinate 2. In order to fully realize the intent of this law, to support the person with disability and his family throughout the life cycle "whole life course approach", (early childhood, school age, adulthood ) is an area established disabilities in the Department Social and Health which centralises and coordinates all services which harness the resources and skills related to disability in its complexity. 3. With regard to economic, social and cultural rights, the Republic undertakes to use the maximum available resources to take measures, including in the framework of international cooperation, aimed at gradually achieving the full realization of these rights, without prejudice to the obligations contained in this Act and immediately applicable according to international law. 4. The Republic, through the Secretariat of State with responsibility for Equality, act in close cooperation with the associations of persons with disabilities who are actively involved, including those representing children with disabilities, in the development and implementation of laws and decrees, aimed at the application of this Act or any other future laws and other decision-making processes relating to persons with disabilities. Such measures must be subjected to the adequacy test and consistency, against the CRPD and of this Act, by the UN CSD. Art. 11 (risk situation and humanitarian emergencies) 1. In accordance with their obligations under international law, including international humanitarian law and international human rights law, the Republic of San Marino takes all the necessary measures to ensure the protection and safety of persons with disabilities in situations of risk, including humanitarian emergencies and natural disasters. 2. To this end, the Secretary of State responsible shall draw up guidelines for Civil Protection and Fire Service. Art. 12 (sensitization) 1. The Republic of San Marino undertakes to adopt timely measures, effective and appropriate in order to: a) raise awareness and form the society, the family and the same people with disabilities on the issues covered by this law and promote respect for the rights and dignity of persons with disabilities; b) sensitize society to include people with disabilities and at the same time stimulate the same people with disabilities to enable their inclusion in society; c) combat stereotypes, prejudices and harmful practices against persons with disabilities, including those based on sex and age, in all areas of life; d) promote awareness of the capabilities and contributions of persons with disabilities; e) promote the direct participation of people with disabilities in decision-making, both in the event that directly affect them but more generally through participatory processes in choices and decisions that the company undertakes. 2. Among the measures to achieve this purpose are included: a) the initiation and continuation of effective awareness-raising campaigns aimed at: - accentuate the understanding of the rights of persons with disabilities; - To promote positive perceptions and greater social awareness towards persons with disabilities; - Promote recognition of the skills, merits and abilities of persons with disabilities, as well as the contribution they offer in the place and in the labor market; * * To be coordinated
b) to encourage an attitude of respect for the rights of persons with disabilities at all levels of the education system, even among the youngest children; c) encourage all the media to portray persons with disabilities in terms consistent with the purpose of this Act. Art. 13 (Social Inclusion) 1. The Republic guarantees the right of persons with disabilities to the enjoyment of an adequate standard of living, adequate feeding, clothing and housing, and to the continuous improvement of their living conditions; shall take appropriate steps to safeguard and promote the realization of this right without discrimination on grounds of disability. 2. The Republic guarantees the right of persons with disabilities to social protection and to the enjoyment of that right without discrimination on grounds of disability, and shall take appropriate steps to safeguard and promote the realization of this right, including measures to ensure: a) persons with disabilities equal access to all services and the aids and other assistance related to disability-related needs. These services and devices must comply with the characteristics of appropriateness and cost affordability; b) access for people with disabilities at all levels of social protection programs, and in the case of particular severity of the disability, to targeted interventions; c) measures aimed at the social, psychological, educational and also home health, economic in support of the disabled person and the family in which it appears; d) access to public and private buildings, due to be taken to eliminate or overcome the physical and sensory barriers that prevent the use of public places or places open to the public, ensuring to persons with disabilities accompanied priority access within the public offices and promoting priority access within private structures; e) the promotion of regulations making effective the right to information and the right to education of persons with disabilities; f) the expansion and upgrading of educational and technical equipment, programs, specialized languages, the assessment tests and the staff specially qualified faculty and staff, as well as the upgrading of equipment and training of the service personnel educational, sports, leisure and social activities. The specialized language used is the ICF, which is being promoted throughout the hotel ISS; g) the full inclusion in the workplace, including through diversified incentives, both on an individual basis, with protected rehabilitating therapeutic inserts, both in form associated, pursuing the protection of jobs and social security devices; h) the usability of public and private transport and the organization of specific transport for all types of disabilities; i) the promotion of projects in support of community housing, residential services placed in residential areas or in specific areas to provide the person with a disability, even temporarily deprived of a suitable natural or foster family arrangement, a suitable living environment. These structures can also be made through agreements between public and private; l) the creation or adaptation of socio-rehabilitative day care centers, in educational value, so that people with long-lasting or permanent disability, after compulsory education, can have a life of relation with positive potential and forms of complete integration. The standards of social-rehabilitation centers are defined by the Authority Health; m) extracurricular activities to complement the educational continuity and parallel to the action of the school. * * To coordinate Art. 14 (Conditions of adequate social protection and life) 1. The Republic recognizes the right of persons with disabilities to social protection and to the enjoyment of that right without discrimination based on disability, and shall take appropriate steps to safeguard and promote the realization of this right, including measures to provide access by persons with disabilities to: a) social protection programs according to the principle of subsidiarity; b) assistance from the state for the expenses related to disability, including training, consulting, support and temporary shelter, especially for those living in poverty; c) to public housing programs and social housing; d) to benefits and pension programs. Art. 15 (Participation in political and public life) 1. The Republic of San Marino ensure to persons with disabilities political rights and
opportunity to enjoy them on an equal basis and is committed to ensuring that people with disabilities can effectively and fully participate in political and public life on a par with others, directly or through freely chosen representatives, including the right and opportunity for people with disabilities to vote and be elected in accordance with current legislation. Art. 16 (Participation in cultural life, recreation, leisure, tourism and sport) 1. The Republic of San Marino recognizes the right of persons with disabilities to take part on an equal basis with others in cultural life and shall take all appropriate measures to ensure that people with disabilities have access to: a) cultural materials in accessible formats; b) television programs, films, theater and other cultural activities, in accessible formats; c) places of cultural activities, such as theaters, museums, cinemas, libraries and tourism services, and, as far as possible, enjoy access to monuments and sites of national cultural importance. 2. The Republic shall take appropriate measures to enable persons with disabilities to develop and utilize their creative, artistic and intellectual potential, not only for their own benefit, but also for the enrichment of society. 3. The Republic shall take appropriate measures, in accordance with international law, to ensure that laws protecting intellectual property rights do not constitute an unreasonable or discriminatory barrier to access by persons with disabilities to cultural materials. 4. Persons with disabilities have the right, on an equal basis with others, to recognition and support of their specific cultural and linguistic identity. 5. In order to enable persons with disabilities to participate on an equal basis with others in recreational, leisure and sport, the State shall take appropriate measures to: a) encourage and promote the widest possible participation of persons with disabilities in mainstream sporting activities at all levels; b) ensure that persons with disabilities have the opportunity to organize, develop and participate in sports and recreation for people with specific disabilities and, to that end, encourage the provision, on an equal basis with others, of appropriate means of education, training, workout, training and resources; * * To coordinate c) To ensure that persons with disabilities have access to places that sporting, recreational and tourism; d) To ensure that children with disabilities can participate on an equal basis with other children to fun activities, recreation and leisure and sporting activities, including those activities in the school system; e) ensure that operators in the leisure industry, tourism, leisure and sport facilitate the access of people with disabilities to their services. Art. 17 (Accessibility) 1. In order to enable persons with disabilities to live independently and participate fully in all aspects of life, the Republic of San Marino shall take appropriate measures to ensure to persons with disabilities on the basis of equality with others, to the physical environment, to transportation, to information and communications, including systems and information and communication technologies, and to other facilities and services open or provided to the public, both in urban areas than in rural areas. These measures, which include the identification and elimination of obstacles and barriers to accessibility, shall apply to, inter alia: a) Buildings, roads, transportation, sports facilities and other indoor and outdoor facilities, including schools, housing, medical facilities and workplaces; b) information, communication, including electronic services and emergency services. 2. The Republic shall also take appropriate measures to: a) develop, promulgate minimum standards and guidelines for the accessibility of facilities and services open or provided to the public and monitor the implementation; b) ensure that buildings and public or private structures, open to the public, ensuring accessibility for people with disabilities or who take into account all aspects of accessibility for persons with disabilities; c) provide training for stakeholders on accessibility issues facing persons with disabilities to engineers, architects and design engineers; d) provide the structures and buildings open to the public signage in Braille and in easy to read and understand forms; e) To provide forms of assistance and intermediaries, including guides, readers and interpreters professionals in sign language and animal guides in order to facilitate
accessibility to buildings and other facilities open to the public; f) encourage all appropriate forms of assistance and support to persons with disabilities to ensure their access to information; g) To promote access for persons with disabilities to new technologies and information and communication systems, including the Internet, at reduced costs; h) To ensure contributions, incentives, including tax breaks in order to eliminate architectural barriers in private buildings used by persons with disabilities. Art. 18 (Freedom of expression and access to information) 1. The Republic of San Marino shall take all appropriate measures to ensure that people with disabilities can exercise the right to freedom of expression and opinion, including the freedom to ask , receive and impart information and ideas on an equal basis with others and through all forms of communication of their choice, including by: * * to coordinate a) make available to persons with disabilities the information for the general public in forms accessible formats and technologies appropriate to different kinds of disabilities in a timely manner and without additional cost; b) Accepting and facilitating the use in official activities by persons with disabilities to sign language, Braille, augmentative and alternative communication, and all other means, modes and accessible system of communication of their choice; c) Urging private entities that provide services to the general public, including through the Internet, to provide information and services in accessible and usable formats for persons with disabilities; d) request to the media, including providers of information through the Internet, to make their services accessible to persons with disabilities; e) Recognizing and promoting the use of LIS sign language, possibly with the simultaneous diffusion of the language, not necessarily in place, but also as a language of identity accompanied by lip-reading and knowledge of the language of the speakers. Art. 19 (Personal Mobility) 1. The Republic of San Marino shall take effective measures to ensure to persons with disabilities personal mobility with the greatest possible independence, including by: a) Facilitating the personal mobility of persons with disabilities in the manner and the time of their choice, and at affordable cost; b) ensure that students and workers with disabilities transportation to and from the school and the workplace through a system of means and trained staff dedicated to that end; c) facilitate access by persons with disabilities to mobility aids, devices, assistive technologies and forms of assistance from people or animals guide and quality brokerage services, including by making them available at cost accessible; d) Provide persons with disabilities and to specialist staff working with them training in mobility skills. Art. 20 (Mobility and collective transport) 1. The Republic of San Marino, through the Secretariat of State with responsibility for Transportation regulates the actions that allow people with disabilities the freedom to move independently in the territory, using the same terms of other citizens, public transport services specially adapted or alternative services. 2. The operations referred to in the previous paragraph are regulated by specific three-year plan of public transport and adjustment of urban infrastructure, implemented through a program agreement between the Secretariat of State with responsibility for Transport and the Township Councils. 3. The Republic ensures, as part of its regular budget resources, individual transport modes for people with disabilities are unable to use public transport. Art. 21 (tourism and culture accessible) 1. The Republic of San Marino ensures access to the territory to the fullest extent permitted by the environmental characteristics and the most advanced technologies. This initiative will also be implemented in collaboration with economic structures and internal and external policies of the state. * * To coordinate Art. 22 (International Cooperation) 1. The Republic of San Marino recognizes the importance of international cooperation and promotion to support national efforts to achieve the purpose and objectives of the CRPD and take the measures necessary and effective in this respect, in the context of relations between States and, where appropriate, within the framework of partnerships with relevant international and regional organizations and civil society, in particular organizations of persons with disabilities. 2. Such measures could include, inter alia:
a) the guarantee of international cooperation, including international development programs, inclusive and accessible to persons with disabilities; b) the facilitation and support of training initiatives of capacities, including through the exchange and sharing of information, experiences, training programs and best practices in particular with the small states of the world; c) facilitating cooperation in research and access to scientific and technical knowledge; d) the offer, as appropriate, technical assistance, including by facilitating access to and sharing of accessible technologies and assisted and through technology transfer. Art. 23 (delegated decrees) 1. The Republic of San Marino recognizes that people with disabilities have the right to the highest attainable standard of health, without discrimination based on their status. In order to ensure the appropriate measures to ensure to persons with disabilities access to health services that take into account the specific gender-sensitive, including rehabilitation services, has authority delegated to the State Congress for the enactment of decrees regarding prevention, health and rehabilitation and composition of the Commission for the check-ups Individual (CASI) in Article 8 of this Act and which will form joint and completion of this framework law. 2. The Republic of San Marino recognizes the right of persons with disabilities. In order to ensure an inclusive education system at all levels and continuous learning throughout life is prepared, and is joint and completion of this framework law, a statutory instrument on the subject of education which must include the rules to ensure: a) the full development of human potential and sense of dignity and self worth, and the strengthening of respect for human rights, fundamental freedoms and human diversity; b) the development by persons with disabilities of their personality, talents and creativity, as well as their mental and physical abilities, to their fullest potential; c) Enabling persons with disabilities to participate effectively in a free society; d) presence in all levels of school teachers and specialized teachers for the support that guarantees the continuity of education - teaching. 3. The Republic of San Marino affirms the right for people with disabilities to see recognized everywhere before the law, their legal status. For this purpose is prepared, and is joint and completion of this framework law, a statutory instrument on access to justice, liberty and security of person. 4. The Republic of San Marino recognizes the equal right to employment of persons with disabilities; this includes the right to the opportunity of being able to gain a living by work freely chosen or accepted in a free labor market and working environment in an open, inclusive and * * to coordinate accessible. To this end, please refer to the rules specifically provided for by the laws regarding work to ensure: a) to evaluate the positive potential of persons with disabilities through the use of classification instruments internationally recognized and related to any form of disability , both mental and physical, for the purpose of their inclusion in the working world; b) prohibit and criminalize and civilly any discrimination based on disability for everything related to all forms of employment, including conditions of recruitment, hiring and employment, continuance of employment, career; c) protecting the equal right of persons with disabilities to benefit from just and favorable conditions of work, including equal opportunities and equal pay for equal work, safe and healthy working conditions, including protection from harassment, and the settlement of disputes where the dignity of the disabled worker has been injured in any way; d) To ensure that persons with disabilities are able to exercise their trade union and labor rights on an equal basis; e) enable persons with disabilities to have effective access to general technical and vocational guidance programs, placement services and vocational training and lifelong learning; f) promote employment opportunities and career advancement for persons with disabilities in the labor market, as well as assistance in the research phase, obtaining, maintaining and returning to work; employers, public and private, are required to
ensure the conservation of employment of those persons who, not being persons with disabilities at the time of hiring, have acquired any disability due to occupational accident or occupational disease; g) promote opportunities for self-employment, entrepreneurship, the development of cooperatives and starting a business with its own government incentives for start-up activities; h) to include persons with disabilities in the public and private sectors, providing inter alia action anti-discriminatory programs and incentives; i) ensure that persons with disabilities usufruiscano of a working environment in which logistical adjustment carry out their activities; l) Promote the acquisition by persons with disabilities of work experience in a free and open labor market; m) to promote professional and occupational retraining, the maintenance of employment and reintegration programs for people with disabilities; n) also ensure to persons with disabilities the use of remote working possibilities that non-discriminatory employment, in line with the development of the employment system. 5. The Republic of San Marino recognizes special forms of support for persons with severe disability as defined by paragraph 2 of the previous article 8. For this purpose, authority delegated to the Congress of State, to complete and articulation of this framework law , to prepare a delegated decree providing for: a) to take advantage of parental leave to people as identified in subparagraph g) of Article 2 of this Act, allowing the permanent care intervention, continuous and comprehensive; b) the recognition of forms of financial support compatible with the household income of the disabled person; c) the ways in which employees can donate their vacation days for people as identified in subparagraph g) of Article 2 of this Act. * * To coordinate Art. 24 (Final Provisions) 1. The following are repealed all rules which contravene this Act. 2. This framework law is an explication of what is stipulated by the UN Convention mentioned in Article 1, which retains the priority in case of a doubtful. Art. 25 (Entry into force) 1. This law comes into force on the fifteenth day following that of its legal publication. Our Residence, this day of 10 March 2015/1714 THE CAPTAINS REGENT Gian Franco Terenzi - Guerrino Zanotti THE SECRETARY OF STATE FOR INTERNAL AFFAIRS Gian Carlo Venturini