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Law 13/1982 Of 7 April, Social Integration Of The Disabled.

Original Language Title: Ley 13/1982, de 7 de abril, de integración social de los minusválidos.

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TEXT

DON JUAN CARLOS I,

KING OF SPAIN

To all who present it and understand it.

Sabed: That the General Courts have approved and I come to sanction the following Law:

TITLE FIRST

General principles

Item one.

The principles that inspire this Law are based on the rights that Article forty and nine of the Constitution recognizes, in reason of their own dignity, to the diminished in their physical, mental and physical abilities. or sensory for their complete personal realization and total social integration, and the deep decreases for necessary assistance and guardianship.

Item two.

The Spanish State will inspire legislation for the social integration of the handicapped in the declaration of the rights of the mentally deficient, approved by the United Nations on the twentieth of December of a thousand nine hundred and seventy-one, and in the declaration of the rights of the disabled, approved by the Resolution three thousand four hundred and forty-seven of that Organization, of nine of December thousand nine hundred and seventy-five, and will give to them their action.

Article three.

One. The public authorities shall provide all the necessary resources for the exercise of the rights referred to in the first article, constituting an obligation of the State to prevent, medical and psychological care, adequate rehabilitation, education, guidance, labour integration, the guarantee of economic rights, minimum social legal rights and social security.

Two. To this end, the Central Administration, the Autonomous Communities, the Local Corporations, the Trade Unions, the entities and bodies, the Central Administration, the Autonomous Communities, the Local Authorities, the Trade Unions, the public and private associations and individuals.

Article four.

One. The State Administration, the Autonomous Communities and the Local Corporations will support the private non-profit initiative, collaborating in the development of these activities through technical advice, coordination, planning and support. economic. Special attention will be paid to non-profit institutions, associations and foundations, promoted by the disabled themselves, their family members or their legal representatives.

Two. It will be an essential requirement for such collaboration to be perceived and for private actions to be adapted to the lines and demands of the sectoral planning to be established by the Public Administrations.

Three. In the centres financed, in whole or in part, from public funds, there will be bodies responsible for controlling the origin and implementation of the financial resources, with the participation of the interested parties or the subsidiary of their legal representatives. address and staff at the service of the centres without prejudice to the powers of the public authorities.

Article five.

The public authorities will promote the necessary information for the complete mentalisation of society, especially in the fields of school and work, so that it, as a whole, works in recognition and exercise of the rights of the disabled, for their full integration.

Article six.

the measures to promote the educational, cultural, employment and social promotion of the disabled will be carried out by means of their integration into the institutions of general character, except where the characteristics of their disabilities require special attention through special services and centers.

TITLE II

Rights holders

Item seven.

One. For the purposes of this Law, disabled persons shall mean any person whose educational, employment or social integration opportunities are diminished as a result of a disability, which is likely to be permanent, of a congenital nature or not, in their physical, mental or sensory abilities.

Two. The recognition of the right to the application of the benefits provided for in this Law must be carried out in a personalized manner by the organ of the Administration that is determined regulatively, prior to the report of the corresponding teams Multi-professional qualifiers.

Three. For the purposes of the recognition of the right to services which tend to prevent the appearance of disability, prior states are treated as such, understood as processes in evolution which may lead to a disability. residual.

Four. The services, benefits and other benefits provided for in this Law will be granted to foreigners who have recognized the situation of residents in Spain, in accordance with the agreements signed with their respective States and, in their defect, depending on the principle of reciprocity.

Five. The Government will extend the application of the economic benefits provided for in this Law to Spaniards residing abroad, provided that they do not have equivalent protection in the country of sessience, in the form and with the requirements that rules are determined.

TITLE III

Prevention of disabilities

Article eight.

The prevention of disability is a right and a duty of every citizen and society as a whole and will be part of the State's priority obligations in the field of public health and services. social.

Article nine.

One. The Government will present to the General Courts a Draft Law laying down the principles and basic rules for the prevention of disability.

Two. Without prejudice to the powers which may correspond to the various public administrations, in the field of their respective powers, to formulate their own action plans in this field, the Government will draw up four relationship with such plans, a National Plan for the Prevention of Minusvalies that will be presented to the General Courts for their knowledge, and whose development will inform them annually.

Three. These plans will attach particular importance to guidance and family planning services, genetic advice, prenatal and perinatal care, early detection and diagnosis and paediatric care, as well as hygiene and safety in the The European Commission has been working on safety in road traffic, hygiene and hygiene control of food and environmental pollution. Actions aimed at rural areas will be specifically envisaged.

TITLE IV

The diagnosis and assessment of disabilities

Article ten.

One. Multi-professional teams will be set up which, acting in a sector-wide area, will ensure interdisciplinary attention to each person who needs it, to ensure their integration into their socio-community environment.

Its composition and functioning shall be established in a regulatory manner, within the maximum period of eighteen months, from the entry into force of this Law.

Two. They will be functions of the multi-professional assessment teams:

a) Issue a standardized diagnostic report on the various aspects of the personality and decreases of the disabled suspect and his sociofamiliar environment.

b) Therapeutic guidance, determining needs, skills and recovery possibilities, as well as monitoring and review.

(c) The assessment and qualification of the presumed disability, determining the rate and degree of reduction in relation to the benefits, economic rights and services provided for in the legislation, without prejudice to the recognition of the the right to be carried out by the competent administrative body.

(d) The valuation and rating cited above shall be reviewable in the manner that is determined. The final assessment and qualification will only be carried out when the disabled suspect has reached his maximum rehabilitation or when his injury is presumed to be final, which will not prevent previous assessments to obtain certain benefits.

Item eleven.

The qualifications and assessments of multi-professional teams will meet unified technical criteria and will be valid for any public body.

TITLE V

Social and Economic Benefit System

Article twelve.

One. As long as the provisions of Article 40 and one of the Constitution are not developed, the Government shall, within one year of the entry into force of this Law, establish and regulate by Decree a special system of social and economic benefits for the disabled who, because they do not carry out a work activity, are not included in the field of application of the social security system. This Decree shall specify the economic conditions to be met by the beneficiaries of the various benefits.

Two. The protective action of that system shall comprise at least:

a) Healthcare and pharmaceutical delivery.

b) Minimum Income Guarantee Subdidium.

c) Third person help allowance.

d) Mobility and compensation allowance for transport costs.

e) Professional recovery.

f) Medical-functional rehabilitation.

Article thirteen.

One. The health and pharmaceutical assistance provided for in paragraph 2 (a) of the previous Article shall be provided by the health services of the social security system, with the extension, duration and conditions to be determined.

Two. Beneficiaries of the special system of assistance and economic benefits described in the previous Article shall be exempt from payment of contributions for the consumption of proprietary medicinal products.

Article fourteen.

One. Any disabled person of age whose degree of disability exceeds that which is determined by regulation, and who is therefore unable to obtain adequate employment, shall be entitled to receive a minimum income guarantee allowance, the amount of which shall be laid down in the provisions for the implementation of this Law, provided that, without financial means, it does not receive pecuniary benefits from the State, Autonomous Communities, Local Corporations or Social Security. If you receive an economic benefit, the allowance shall be reduced by the amount of the allowance.

Two. This allowance shall be compatible with the personal resources of the beneficiary if, in a monthly calculation, it does not exceed an amount to be fixed annually by Decree, and which shall in any event take into account the persons who the disabled person holds.

Three. The amount of this allowance shall be determined by Decree, in a uniform manner, and shall not be less than fifty per cent of the minimum inter-professional salary.

Article fifteen.

Disabled persons in public or private establishments financed in whole or in part with public funds, and as long as they remain in them, shall be entitled to the part of the minimum income guarantee allowance which Regulation is determined.

Article sixteen.

One. They shall be beneficiaries of the allowance referred to in Article 12 (c), two, the elderly disabled, lacking economic means, whose degree of disability exceeds that which is determined and which, as a result of the Anatomical or functional losses, you need the assistance of another person to perform the most essential acts of life, such as dressing, scrolling, eating, or analogues.

Two. The provisions of Article 14, as well as those relating to the collection of pecuniary benefits for the same reason, are applicable to the subsidy provided for in this Article.

Article seventeen.

Disabled persons with serious mobility problems who meet the requirements laid down in regulation shall also be entitled to the receipt of the allowance referred to in Article 12 (c), two of which are: amount shall be fixed by Decree.

TITLE VI

From Rehabilitation

Article eighteen.

One. Rehabilitation means the process aimed at making the disabled acquire their maximum level of personal development and their integration into social life, mainly through the attainment of adequate employment.

Two. Rehabilitation processes may include:

a) Medical-functional rehabilitation.

b) Treatment and counseling.

c) General and special education.

d) Professional recovery.

Three. The State will encourage and establish the rehabilitation system, which will be coordinated with the other social, school and work services, in the smallest possible units, to bring the service to the users and managed decentralized.

Section first. Medical-functional rehabilitation

Article nineteen.

One. The medical-functional rehabilitation, aimed at giving the precise conditions for recovery to those people who have a decrease in their physical, sensory or mental capacity, must begin immediately to the detection and to the diagnosis of any type of anomaly or deficiency, and should be continued until the maximum functionality is achieved, as well as the maintenance of the functionality.

Two. For the purposes of the above paragraph, any person who has any functional decrease. qualified in accordance with this Law, will have the right to benefit from the medical rehabilitation processes necessary to correct or modify its physical, mental or sensory state when it constitutes an obstacle to its integration labor and social education.

Three. The rehabilitation processes shall be complemented by the provision, adaptation, preservation and renovation of prosthesis and orthotics, as well as vehicles and other ancillary elements for the handicapped whose reduction is recommended.

Article twenty.

The rehabilitation process that will be initiated in specific institutions will be developed in close connection with the recovery centers where it is necessary to continue and continue, if necessary, as home treatment, through Multi-professional mobile equipment.

Item twenty-one.

The State will intensify the creation, provision and operation of the necessary and duly diversified rehabilitation and recovery services and institutions to provide adequate care for the disabled, both in rural areas as urban areas, achieving maximum social integration and promoting the training of professionals, as well as research, production and use of orthotics and prostheses.

Section 2. Treatment and psychological counseling

Article 22.

One. The treatment and psychological orientation will be present during the different phases of the rehabilitating process, and will be aimed at achieving the disabled person's overcoming of his situation and the most complete development of his personality.

Two. Psychological treatment and guidance will take into account the personal characteristics of the disabled person, their motivations and interests, as well as the family and social factors that may affect him, and will be aimed at maximizing the use of their residual capacities.

Three. Psychological treatment and support shall be simultaneous to functional treatments and, in any case, shall be provided from the check of disability, or from the date on which a pathological process is initiated which may lead to a disability.

Section 3. From education

Article twenty-three.

One. The disabled person shall be integrated into the ordinary system of general education, receiving, where appropriate, the support and resource programmes provided by this Law.

Two. Special Education shall be temporarily or permanently imparted to those with disabilities who are unable to integrate into the ordinary education system and in accordance with the provisions of Article twenty-six of this Law.

Article 24.

In any case, the need for special education will be determined, for each person, by the overall assessment of the results of the previous diagnostic study of multidimensional content.

Article 25.

Special education shall be provided in the ordinary, public or private institutions of the general education system on an ongoing, transitional or support basis, in accordance with the conditions of the deficiencies which affect each student and start as early as required, accommodating their further process to the psychologic development of each subject and not to strictly chronological criteria.

Article twenty-six.

One. Special education is a comprehensive, flexible and dynamic process, which is conceived for its personalized application and includes the different levels and degrees of the teaching system, particularly those considered compulsory and free, aimed at achieving the total social integration of the disabled.

Two. In particular, special education will tend to achieve the following objectives:

(a) The overcoming of the deficiencies and the consequences or sequelae derived from them.

b) The acquisition of knowledge and habits that give you the greatest possible autonomy.

c) The promotion of all the disabilities ' abilities for the harmonious development of their personality.

d) The incorporation into social life and a system of work that allows the disabled to serve and realize themselves.

Article twenty-seven.

Only when the depth of the disability makes it essential, the education for the disabled will be carried out in specific Centers. For these purposes, they will work in connection with the Ordinary Centers, which are equipped with transitional units to facilitate the integration of their students into Ordinary Centers.

Article twenty-eight.

One. Special education, as an inclusive process of different activities, must have the technically appropriate interdisciplinary staff who, acting as a multi-professional team, guarantee the various care that each person has. requires.

Two. All the staff who, through the various professions and at the various levels, intervene in special education must possess, in addition to the appropriate professional title to their respective role, the specialization, experience and aptitude required.

Three. The multi-professional teams provided for in Article 10 shall draw up the individualised pedagogical guidelines, the implementation of which shall be the responsibility of the Centre's staff. These same teams will regularly monitor and evaluate the disability integrator process in the various activities, in collaboration with that Centre.

Article twenty-nine.

All hospitals, both infantile and rehabilitation, as well as those with permanent Pediatric Services, be from the State Administration, from the Autonomous Bodies of the State, from the Security Social, Autonomous Communities and Local Corporations, as well as private hospitals, which regularly occupy at least half of their beds, with patients whose stay and health care are paid from public resources, have to have a pedagogical section to prevent and prevent the marginalization of the educational process of school-age pupils in these hospitals.

Article thirty.

The disabled, in their educational stage, will be entitled to the gratuitousness of the teaching, in the institutions of general character, in the special attention and in the special centers, in accordance with the provisions of the Constitution and the laws that develop it.

Article thirty-one.

One. Special education shall be regarded as the vocational training of the disabled in accordance with the different levels of the general education system and the content of the preceding articles.

Two. Disabled people who are studying university studies whose disability will seriously make it difficult for them to adapt to the general vocational training scheme will be able to apply and the centres will have to extend the number of to the extent that I compensated for their difficulty. If the required level is reduced, the tests shall, where appropriate, be adapted to the characteristics of the handicap which the person concerned presents.

Three. For the purposes of participation in the control and management provided for in the Statute of School Centres, the specialty of this Law shall be taken into account in respect of specialized equipment.

Section 4. From the professional recovery

Article thirty-two.

One. Disabled persons of working age shall be entitled to benefit from the benefits of the occupational recovery of social security under the conditions laid down in the implementing provisions of this Law.

Two. Professional recovery processes shall include, inter alia, the following benefits:

a) Medical-functional rehabilitation treatments, regulated in the first section of this title.

b) Career guidance.

c) Vocational training, retraining or re-education.

Article thirty-three.

Professional guidance will be provided by the relevant services, taking into account the actual capabilities of the disabled, determined on the basis of reports from multi-professional teams. In addition, consideration will be given to the school education actually received and to receive, the wishes of social promotion and the possibilities of employment existing in each case, as well as the attention to their motivations aptitudes and preferences professionals.

Article thirty-four.

One. Vocational training, retraining or re-education, which may include, where appropriate, basic general training, shall be provided in accordance with the professional guidance provided above, in accordance with the criteria laid down in the Article third of this Law, and in the second section of this Title.

Two. In addition to the general or special centres devoted to this, training activities may be carried out in enterprises, where necessary in the latter case, the formalisation of a special vocational training contract between the (a) a disability or, where applicable, the legal representative, and the employer, whose basic content must be laid down by the rules for the application of this Law, in relation to the provisions of Article 11 of the Staff Regulations.

Article thirty-five.

One. The benefits referred to in this Section may be supplemented, where appropriate, by additional measures to facilitate the achievement of the highest level of personal development and to facilitate their full integration into life. social.

Two. Beneficiaries of the recovery of the social security system may also benefit from the accompanying measures referred to in the previous paragraph.

Article thirty-six.

One. The processes of professional recovery shall be provided by the recovery and rehabilitation services of the Social Security, subject to the fixing for each beneficiary of the individual programme which is considered appropriate.

Two. To this end, a plan for action in this field shall be drawn up by the competent ministries within one year, in which the necessary centres and services shall be provided on the basis of the principle of sectorisation, taking into account the need for coordination. between the medical, school and work phases of the rehabilitation process and the need to ensure access to professional recovery processes for disabled people in rural areas.

Three. The dispensing of the recovery treatments will be free.

Four. Those who receive the benefits of professional recovery shall receive a subsidy under the conditions laid down in the provisions of this Law.

TITLE VII

From Job Integration

Article thirty-seven.

It will be the primary objective of the employment policy of disabled workers to integrate them into the ordinary working system or, failing that, to incorporate them into the production system by means of a special working formula protected as referred to in Article forty and one.

Article thirty-eight.

One. Public and private enterprises employing a number of fixed workers exceeding 50 shall be obliged to employ a number of disabled workers not less than two per cent of the workforce.

Two. The provisions of collective agreements, individual agreements and unilateral decisions of undertakings which involve discrimination against discrimination in employment shall be null and void and shall not be construed as null and void. remuneration, days and other working conditions.

Three. In the case of selective testing for admission to the State Administration, Autonomous Communities, Local Government, Social Security and Social Security bodies, disabled persons shall be admitted on an equal footing with other persons. aspirants.

The personal fitness conditions for the performance of the relevant functions shall be credited in their case by a binding opinion issued by the competent multi-professional team, which shall be issued with prior to initiation of the selective testing.

Four. The employment of disabled workers will be encouraged by the establishment of aid to facilitate their integration into the labour market. This aid may consist of grants or loans for the adaptation of jobs, the removal of architectural barriers which hinder their access and mobility in the production centres, the possibility of establishing themselves as self-employed workers, the payment of social security contributions and how many others are deemed appropriate to promote the placement of the disabled, in particular the promotion of cooperatives.

Article thirty-nine.

One. The Ministry of Labour and Social Security, through the Employment Offices of the Instituto Nacional de Empleo, is responsible for the placement of disabled persons who complete their professional recovery when this is necessary.

Two. For the purposes of applying benefits to be recognised by this Law and its implementing rules, both for the disabled workers and for the enterprises which employ them, a register of (i) the employment of disabled workers, including in the general census of the unemployed.

Three. In order to ensure the effective application of the provisions of the two preceding paragraphs, and to ensure that the personal conditions of the disabled person are appropriate and the characteristics of the job, coordination is established. between the Employment Offices and the multi-professional teams provided for in this Law.

Article forty.

One. Within six months of the entry into force of this Law, the Ministry of Labour and Social Security shall lay down detailed rules for the development of selective employment as laid down in Section III of Chapter VII of Title II of the Treaty. the General Law of Social Security, coordinating the same with the provisions of this Law.

Two. These rules will specifically regulate the conditions for readmission by companies of their own workers, once the corresponding recovery processes have been completed.

Article forty-one.

One. Disabled persons who, by reason of the nature or consequences of their disability, cannot, provisionally or definitively, carry out a work activity under the usual conditions, must be employed in special employment centres, where their working capacity is equal to or greater than a percentage of the usual capacity to be set by the relevant standard of the employment relationship of a special nature for disabled workers who provide their services in the Special Employment.

Two. Where the residual capacity of the disabled does not reach the percentage set out in the previous paragraph, they shall, where appropriate, access the Occupational Centres provided for in Title VIII of this Law.

Three. The multi-professional assessment teams referred to in Article 10 shall determine, in each case, by means of a reasoned decision, the possibilities for real integration and the working capacity of the disabled referred to in paragraphs 1 and 2. above.

Article forty-two.

One. The Special Centres for Employment are those whose main objective is to carry out productive work, to participate regularly in market operations, and to ensure the provision of paid employment and the provision of personal and social adjustment services required by their disabled workers, while being a means of integrating the greatest number of disabled people into the normal working arrangements.

Two. The entire staff of the Special Centres for Employment shall be made up of disabled workers, without prejudice to the staff of the non-disabled staff who are essential for the development of the activity.

Article forty-three.

One. In the light of the special features of the Special Employment Centres and in order to enable them to fulfil the required social function, the Public Administrations may, in the manner in which they are regulated, be determined, establishing economic compensation for the Centres to help the centres to be viable by establishing, in addition, the control mechanisms that are deemed relevant.

Two. The criteria for establishing such economic compensation shall be that these Special Employment Centres meet the conditions of public utility and of the ability to provide for profit.

Article forty-four.

The disabled workers employed in the Special Employment Centres will be included in the corresponding social security scheme, with the Government dictating the specific rules of their working and working conditions. Social security, paying attention to the peculiar characteristics of your work activity.

Article forty-five.

One. The Special Centres for Employment may be created by both public and private bodies and by enterprises, subject to legal, regulatory and conventional rules governing working conditions.

Two. The Public Administrations, within the scope of their competencies and through the study of sectoral needs, will promote the creation and implementation of Special Employment Centers, either directly or in collaboration with other organizations or Entities, while encouraging the creation of special jobs for the disabled by adopting the necessary measures for the attainment of such purposes. They shall also monitor, on a regular and rigorous basis, that the disabled are employed under appropriate working conditions.

Article forty-six.

Multi-professional assessment teams should submit regular reviews to the disabled at the Special Employment Centres in order to promote their promotion taking into account the level of recovery and labour adaptation achieved.

Article forty-seven.

One. Persons with disabilities in working age, whose capacity is between the minimum and maximum levels to be determined in accordance with the provisions of Article 7, which do not have a paid employment position for reasons of which they are not attributable, they shall be entitled to receive the minimum income guarantee allowance laid down in Article 15, from the date of their entry in the Register provided for in Article 30 and nine point two, provided that they meet the same requirements as the economic order laid down in Article 15 and the maximum period laid down for the unemployment benefits in the Basic Employment Law.

Two. The entitlement to the allowance shall be subject to the beneficiary's previous compliance with those professional recovery measures which, if appropriate, would have been prescribed for him.

Article forty-eight.

The payment of the minimum income guarantee allowance shall be made effective as long as the unemployment situation subsists, and if the disabled person has not refused an offer of adequate employment to his/her physical abilities and professionals.

TITLE VIII

From social services

Article forty-nine.

The aim of social services for the disabled is to ensure that they are able to achieve adequate levels of personal development and integration in the community, as well as to overcome additional discrimination. suffered by disabled people living in rural areas.

Article fifty.

Action in the field of social services for the disabled will meet the following criteria:

(a) All disabled persons, without any discrimination, are entitled to the benefits of social services.

(b) Social services may be provided by both public administrations and private non-profit institutions or legal entities.

(c) Social services for the disabled, the responsibility of the Public Administrations, shall be provided by the institutions and centres of general character through the channels and through human, financial and (e) technical provisions of a kind that are of an ordinary nature, except where, exceptionally, the characteristics of the disabled require special attention.

(d) The provision of social services will ensure that the disabled remain in their family environment and in their geographical environment, through the proper location of the disabled, while at the same time providing for the provision of social services. especially, the peculiar problem of the handicapped living in rural areas.

(e) The participation of the disabled themselves, singularly in the case of adults, in the common tasks of coexistence, management and control of the disabled, should be sought up to the limit imposed by the various types of disability. social services.

Article fifty-one.

One. Without prejudice to the provisions of other articles of this Law, the disabled shall be entitled to the social services of family orientation, information and guidance, home care, community homes and homes, activities cultural, sports, leisure occupation and leisure time.

Two. In addition, and as a supplement to the measures specifically provided for in this Law, they may be exempt from the appropriations entered in the corresponding chapter of the general budget of the State, services and services. (a) the economic and social situation of disabled people who are in need and who lack the necessary resources to cope with it.

Article fifty-two.

One. The aim of the family orientation will be to inform the families, their training and training in order to attend to the stimulation and maturation of the disabled children and the adaptation of the family environment to the rehabilitation needs of the disabled. those.

Two. Guidance and information services should provide the disabled with the knowledge of the benefits and services at their disposal, as well as the conditions of access to them.

Three. The provision of personal and domestic care, as well as the rehabilitation provision as already provided for in Article 19 of this Law, shall be carried out by the home-care services as provided for in this Law. disabled whose situations require it.

Four. The aim of the services of community homes and homes is to meet the basic needs of those with disabilities who are deprived of home and family or with serious problems of family integration.

These community homes and homes can be promoted by the Public Administrations, by the disabled themselves and by their families. In the promotion of residence and community homes, carried out by the disabled themselves and their families, they shall enjoy priority protection by public administrations.

Five. Sports, cultural, leisure and leisure activities will be developed wherever possible, in the facilities and with the ordinary community media. Only in a subsidiary or complementary way can specific services and activities be established for those cases where, due to the severity of the disability, integration will be impossible.

For these purposes, in accordance with the rules laid down in Article 50 and four of this Law, the necessary provisions shall be adopted to facilitate the access of the disabled to sports, recreation and cultural facilities.

Six. Without prejudice to the application of the measures provided for in general in this Law, and where the depth of the disability makes it necessary, the disabled person shall have the right to reside and be assisted in an establishment specialized.

Article fifty-three.

One. The purpose of the Occupational Centres is to ensure occupational and personal and social adjustment services for disabled persons whose temporary or permanent disability is preventing them from being integrated into a company or a special centre. Employment.

Two. The public authorities, in accordance with their powers, will lay down the relevant specific rules, laying down the conditions of all types to be met by the Occupational Centres for their creation and operation.

Their creation and support will be the responsibility of both the public administrations and the private non-profit institutions or legal entities, taking into account the latter, in any case, to the rules that for their creation and operation are dictated in accordance with the provisions of the preceding paragraph.

TITLE IX

Other aspects of care for the disabled

Section first. Mobility and architectural barriers

Article fifty-four.

One. The construction, expansion and reform of public or private property, intended for use involving public participation, as well as the planning and urbanization of public roads, parks and gardens of equal characteristics, shall be carried out in such a way as to be accessible and usable to the disabled.

Two. Only repairs requiring hygiene, ornate and the normal preservation of existing buildings, as well as the reconstruction or preservation of monuments of historic interest, are excluded from the previous obligation. artistic.

Three. To this end, the competent public authorities shall approve the basic urban and architectural standards, containing the conditions to which the projects are to be adjusted, the catalogue of buildings to which they will apply, and the authorisation procedure, audit and, where appropriate, sanction.

Article fifty-five.

One. The existing facilities, buildings, streets, parks and gardens, whose useful life is still considerable, will be gradually adapted, in accordance with the order of priorities to be determined, to the rules and conditions laid down in the the basic urban and architectural standards referred to in the previous Article.

Two. To this end, the public authorities shall provide in their budgets the appropriations necessary for the financing of such adaptations in the buildings which they depend on.

Three. At the same time, they will encourage the adaptation of privately owned buildings by establishing grants, exemptions and grants.

Four. In addition, the urban authorities should consider, and if necessary include, the need for such advance adaptations, in the municipal urban planning plans that they formulate or approve.

Article fifty-six.

The municipalities must provide for municipal action plans, in order to adapt public roads, parks and gardens to the rules adopted in general, and they are obliged to allocate a percentage of their budget to the purposes provided for in this Article.

Article fifty-seven.

One. In the case of housing projects for official protection and social housing, a minimum of 3% will be programmed with the constructive characteristics sufficient to facilitate access for the disabled, as well as the normal development of the their driving activities and their integration into the core in which they inhabit.

Two. The obligation laid down in the preceding paragraph shall also apply to housing projects of any other character which are constructed or supported by public authorities and other entities which are dependent or linked to the public sector. The competent public authorities shall lay down the regulatory provisions to ensure the installation of lifts capable of simultaneously transporting a wheelchair of a standard type and a non-standard wheelchair. disabled.

Three. The Public Administrations shall provide the necessary basic technical standards to comply with the provisions of the two preceding paragraphs.

Four. Where the project relates to a set of buildings and installations constituting an architectural complex, it shall be designed and constructed under conditions which, in any case, allow the accessibility of the handicapped to the different buildings. and complementary facilities.

Article fifty-eight.

One. Without prejudice to the provisions of the foregoing Articles, the basic technical standards for building shall include provisions concerning the minimum conditions to be met by buildings of any kind to enable the accessibility of the disabled.

Two. All these standards must be included in the drafting phase of the basic and implementing projects, with the refusal of the corresponding official visas, either from the Professional Colleges or the Supervisory Offices of the different Departments. ministerial, to those who do not comply.

Article fifty-nine.

In order to facilitate the mobility of the disabled, technical measures will be adopted within one year in order to ensure the progressive adaptation of public transport.

Article sixty.

By the City Councils the appropriate measures will be taken to facilitate the parking of motor vehicles belonging to disabled people with serious mobility problems.

Article sixty-one.

It will be considered rehabilitation of housing, for the purpose of obtaining grants and loans with a grant of interest, the reforms that the disabled, because of their disability, will have to do in their usual housing and permanent.

Section 2. Of the staff of the various services

Article sixty-two.

One. The care and delivery of services required by the disabled in their recovery and integration process should be targeted, directed and carried out by specialised staff.

Two. This process, due to the variety, breadth and complexity of the functions it covers, requires the participation of various specialists who must act together as a multi-professional team.

Article sixty-three.

One. The State shall take the necessary measures to train the various specialists, in number and with the qualifications necessary to deal adequately with the various services which the disabled require, both at the level of detection and assessment as education and social services.

Two. The State shall establish permanent programmes of specialisation and updating, of a general nature and of special application for the various deficiencies, as well as specific recovery modes, according to the different problems of the various professions.

Article sixty-four.

One. The State will encourage the collaboration of the volunteer in the attention of the diminished by promoting the constitution and operation of non-profit institutions that bring together people interested in this activity, so that they can collaborate with professionals in the performance of actions of a vocational character in favor of those.

Two. The functions performed by such staff shall be permanently determined by the provision of home care and those which do not involve a stay in the service or require special qualifications.

Three. The public authorities will seek to direct the attention of the handicapped to those who are forced to provide a substitute civil service in relation to the fulfillment of the military service, and to those who join the service. for the attention of general interest purposes in accordance with the provisions of Articles thirty, two and three, of the Constitution and of the provisions to be laid down for its development.

TITLE X

Managing and financing

Article sixty-five.

One. Within a maximum of one year from the date of entry into force of this Law, the Government shall carry out the administrative reorganization in order to ensure comprehensive care for the physical, mental and sensory handicapped which it rationalizes, simplifies and Unify existing administration bodies and rationally coordinate their competencies.

Two. The administrative organisation as set out in the previous paragraph shall include, in particular, the planning of the general policy of care for the disabled; the decentralisation of services by means of sectorisation of services; the democratic participation of the beneficiaries, by themselves or through their legal representatives and the professionals of the field to the deficiency directly or through specific associations; the public financing of the actions aimed at the integral care of the handicapped; the elaboration, programming, execution, monitoring and evaluation of the results of regional planning, and the integration of such planning in the context of general health, education, labour and social services, and in the national development programme socio-economic.

Article sixty-six.

The financing of the various benefits, subsidies, services and services contained in this Law will be carried out by the General Budget of the State, and those of the Autonomous Communities and Corporations. Local authorities, in accordance with their respective responsibilities. These budgets shall be specified in a specific manner.

TRANSIENT DISPOSITION

The current Valuation Units are integrated, with their corresponding current budget allocations in the multi-professional teams covered by this Law.

ADDITIONAL PROVISIONS

First.

In the Laws and in the provisions of a regulatory nature which, enacted from the entry into force of this Law, regulate in general the various aspects of the attention to the physical, psychological and The provisions of this Law shall include provisions which recognise the right of persons to be reduced to general benefits and, where appropriate, the adequacy of general principles to the specific characteristics of the disabled.

Second.

The provisions of this Law are without prejudice to the provisions of the Statutes of Autonomy of the Autonomous Communities.

FINAL PROVISIONS

First.

Within six months of the entry into force of this Law, the Government will submit to the Courts a bill amending the titles IX and X of the Book I of the current Civil Code, in relation to the incapacity and The tutelary system of poor people.

Second.

Within one year, the Government will submit to the Courts a project that will modify the article three hundred and eighty, following and concordant with the Law of Criminal Procedure.

Third.

The Government is authorized to amend by Decree, on a proposal from the Ministry of Labor and Social Security, the provisions regulating the invalidity contained in the General Law of Social Security, adapting them to the provided in this Law.

Fourth.

Article one hundred and thirty-two of the Law on Social Security, recast text, is amended so that the medical discharge for the permanent invalidity assessment is not necessary, the consequences of which are final.

Fifth.

Article one hundred and thirty-five of the Law on Social Security, recast text, is amended, requiring the declaration of great invalidity to be affected by absolute permanent incapacity for all work. Great invalidity does not necessarily imply absolute permanent incapacity for all kinds of work.

Sixth.

In accordance with the provisions of Article 2 of the Workers ' Statute, the Government shall, within one year of the entry into force of this Law, approve the working arrangements of persons with decreased physical, mental or sensory capacity to provide services at the Special Employment Centres referred to in this Law.

Seventh.

In order to adapt the cost of the rights contained in this Law on the Social Integration of the Disabled to the available budgetary resources to enable the country's economic situation, the following list of priorities is established, that the Public Administrations must attend inexcusably, in the form indicated below. However, the total cost of this Law should be fully assumed within the maximum period of ten years from its entry into force.

These priorities will be the following for the first two years of law enforcement:

First. -Healthcare and Pharmaceutical Delivery.

Second. -Social services, especially the occupational centers for deep and large disabled people.

Third. -Subsidio of minimum income, by percentage increases, that will be carried out in a progressive and continuous manner, and that will be determined regulatively, starting with a minimum that is greater than the current perceptions for this concept.

Fourth. -Subsidio for third person help.

Fifth. -Mobility Subsidio and Transportation Compensation.

Sixth. -Regulations on Special Education.

Seventh. -Regulations on mobility and architectural barriers.

Eighth. -Regulations on Special Employment Centers.

Ninth. -Regulations on multi-professional teams.

10th. -Regulations on the permanent specialization and updating programs provided for in Article sixty-three, two.

The rest of the benefits, allowances, services and services may be developed after the period indicated above, depending on the needs generated by the application of this Law.

This development should be done in a progressive and continuous manner, so that in each biennium, it is sufficient to reach the maximum period of ten years fixed previously, the benefits, allowances, services and services are put in place provided for in this Law or completed the already initiated.

Eighth.

As many rules are repealed, they are contrary to this Law.

Therefore,

I command all Spaniards, individuals and authorities, to keep and keep this Law.

Palacio de la Zarzuela, Madrid, to seven April of one thousand nine hundred and eighty two.

JOHN CARLOS R.

The President of the Government,

LEOPOLD CALVO-SOTELO AND BUSTELO