Key Benefits:
19 November 2003 (State 1 Er January 2016)
The Swiss Federal Council,
Having regard to the Act of 13 December 2002 on Equality for Persons with Disabilities (LHand) 1 ,
Stops:
1 This Order contains provisions on:
2 The measures taken in the field of public transport are governed by the ordinance of 12 November 2003 on measures to ensure access for persons with disabilities to public transport (OTHand) 1 .
The term is:
(art. 19 LHand)
1 The BFEH is competent to carry out federal work on equality for persons with disabilities, insofar as these tasks do not fall within the competence of another federal administrative unit.
2 It promotes equality between people with disabilities and non-disabled people in public spaces and commits itself to a policy of eliminating inequalities of law or fact.
3 In particular, it performs the following tasks:
(art. 19 LHand)
The EAFB is subordinate to the General Secretariat of the DFI.
(art. 9 LHand)
1 Have standing or to use the meaning of s. 9, para. 2, LHand Organizations:
2 Requests to obtain the status of a qualified organisation in order to act or to use it must be addressed to the EAFB. They shall contain the documents necessary for the verification of the conditions listed in para. 1, let. A to c.
3 If a qualified organisation to act or to resort modifies its statutory purpose, its legal form or its name, it must announce it without delay to the BFEH.
4 The BFEH shall periodically check whether the organisations listed in Annex 1 fulfil the conditions required to have the quality to act or to use. If one of these organizations no longer meets these conditions, the FAD proposes that the Federal Council amend Schedule 1 accordingly.
(art. 11, para. 1, LHand)
1 To determine whether there is a disproportion within the meaning of s. 11, para. 1, LHand, it should be taken into account in particular:
2 If the interest of persons with disabilities is to be assessed in relation to the interests of the protection of the environment, nature or heritage and monuments (art. 11, para. 1, let. B, LHand), it should also be taken into account:
(art. 12, para. 1, LHand)
1 The maximum amount of 5 % of the insurance value referred to in s. 12, para. 1, LHand is calculated on the basis of the insurance value of the building before the renovation.
2 Is deemed to be a renovation within the meaning of s. 12, para. 1, LHand the costs that were projected independently of the measures to be taken specifically for persons with disabilities.
(art. 15, para. 2, LHand)
1 The SIA 500 "Barrier-Free Constructions" is a determining factor for: 1
2 These administrative units develop, each for its field of competence, a programme to adapt the buildings and facilities to the needs of persons with disabilities within the framework of the means available.
3 The provisions of the OTHand 5 Are reserved.
1 New content according to the c. I of the O of 28 Apr. 2010, effective from 1 Er June 2010 ( RO 2010 1737 ).
2 New content according to the c. I of the O of 28 Apr. 2010, effective from 1 Er June 2010 ( RO 2010 1737 ).
3 RS 172.010.21
4 RS 616.1
5 RS 151.34
1 When providing direct service to the public, the centralized and decentralized administrative units of the federal government and the organizations and businesses under s. 2 of the Federal Act of 21 March 1997 on the Organization of Government and Administration (LOGA) 1 As well as the organizations and undertakings holding a federal concession take the architectural and technical measures necessary to make their services accessible to persons with disabilities.
2 In particular, they equip their own devices with adequate devices so that people with disabilities can use them.
3 They provide the necessary assistance to persons with disabilities who, because of the nature of their disability, cannot take the necessary steps or operations using technical means.
4 The provisions of the OTHand 2 Are reserved.
1 The information and the communication or transaction services offered on the Internet must be accessible to people with disabilities of speech, hearing, vision or disability. To this end, the sites must be developed in accordance with international computer standards, in particular the guidelines governing the accessibility of Internet pages, as enacted by the World Wide Web Consortium (W3C) and, in the alternative, National standards.
2 The following administrative units and bodies shall adopt the necessary directives:
3 The guidelines are developed in collaboration with the disability assistance organizations and professional organizations that specialize in informatics and communication. They are periodically updated according to the technical progress made in the branch.
1 [ RO 2003 3687 , 2007 3401 art. 22, para. 2, 2010 635 Annex, c. 2, 2011 4491. RO 2011 6093 art. 29, para. 1]. Currently: O du 9 Dec. 2011 (RS 172.010.58 ).
2 RS 172.010
(art. 14, para. 1, LHand)
Administrative units, organisations and enterprises according to Art. 2 LOGA 1 Shall, at the request of a person with a disability of speech, hearing or sight, take the necessary measures to ensure that those responsible for the person's file are able to communicate with the person with a disability. These measures must be taken within a time frame that takes into account the urgency of the case and the circumstances.
(art. 13 LHand)
1 The employer shall take the necessary measures to adapt the professional environment to the needs of its employees with disabilities, in particular by:
2 It takes the necessary steps to develop its internal computer networks (Intranet) in accordance with the principles set out in s. 10, para. 1.
The employer designates, among the members of its staff, a person advising him and the disabled employee on matters relating to the integration of persons with disabilities in the professional environment.
A person with a disability who has reason to believe that his/her application has not been selected because of his/her disability may require the employer to indicate in writing the grounds on which the application has been screened out.
The Federal Office of Personnel coordinates the implementation of personnel policy measures taken to ensure the equality of persons with disabilities in headquarters.
(art. 14, para. 3, LHand)
1 The Confederation may grant financial aid to the cantons which, within the framework of basic education:
2 It may grant financial aid to non-profit organisations and institutions of national importance which:
3 Aid is allocated to time-limited programmes.
(art. 16, para. 3, LHand)
1 The Confederation may allocate financial aid in particular to time-limited programmes:
2 It may also allocate aid in order to:
(art. 17 LHand)
1 The Confederation may allocate financial aid in particular to time-limited projects:
2 Financial assistance is allocated to a project only:
Financial aid within the meaning of this order shall be paid only if the cantons, communities or organisations responsible contribute to the programmes or projects in question the contribution that can be expected from them.
1 Requests for financial assistance within the meaning of this Order must be filed with the FEH.
2 The BFEH fixes the annual filing deadlines. 1
3 The following are attached to the request:
1 New content according to the c. I of the O of 28 Apr. 2010, effective from 1 Er June 2010 ( RO 2010 1737 ).
1 The BFEH reviews requests for financial assistance. It can be used by specialists.
2 It pays particular attention to projects that take into account the specific needs of women with disabilities.
3 It may require that projects be adapted or coordinated with others.
1 The amount of the financial assistance shall be, within the limits of the appropriations granted, proportionate to the expenditure or determined in a lump sum. If it is proportional to expenditure, a ceiling is set.
2 Financial assistance is allocated in the form of a single payment or in several instalments.
The DFI is competent to allocate financial assistance. It may delegate this competence to the BFEH.
1 FEH oversees the execution of the project.
2 The applicant shall regularly inform the BFEH on the progress of the project and shall draw up a final report no later than three months after the completion of the work.
3 The BFEH shall issue instructions for the preparation of the report.
The amendment to the existing law is set out in Schedule 2.
This order shall enter into force on 1 Er January 2004.
(art. 5)
1 New content according to the c. I of O du 4 Dec. 2015, in force since 1 Er Jan 2016 ( RO 2015 5561 ).
(art. 26)
The following orders are amended as follows:
... 1
1 The mod. Can be viewed at RO 2003 4501 .