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Bulgaria: Legislation concerning disabled people and employment

In 1997, the Bulgarian Council of Ministers set up a Rehabilitation and Social Integration Fund, with responsibility to implement national policy regarding the social integration of disabled people.

Describing existing conditions:
At present, disabled people in Bulgaria suffer particularly from the remnants of the past, where most of them were isolated, protected and cared for by the State under basic provision. Today, the majority of disabled people are isolated and unable to leave their homes due to accessibility and mobility problems and lack of appropriate support services. This lack of access also leads to reduced achievement in education which worsens their opportunities in the labor market as well as participation in social and cultural life.
Public disability policy is based on a medical model of disability where the focus is on lost capacities and limitations rather than on equal opportunities through increased participation and affirmative action.
This assessment is also true for large parts of the current key legislation... which does not focus on enhancing social participation but continues to discriminate through protection.
In stark contrast to existing policy, the draft national strategy builds on four fundamental, humanrights, principles:
- The principle that the various systems of society and the environment, such as services, activities, information and documentation, are made available to all, particularly to disabled people.
- The principle of equal rights which implies that the needs of each and every individual are of equal importance, that those needs must be made the basis for the planning of societies and that all resources must be employed in such a way as to ensure that every individual has equal opportunity for participation.
- The principle that disabled people are members of society and have the right to remain within their local communities. They should receive the support they need within the ordinary structures of education,
health, employment and social services,
- The principle that as disabled people achieve equal rights, they should also have equal obligations.

As part of the process of equal opportunities, provision should be made to assist disabled people to assume their full responsibility as members of society. Having established these four guiding principles, the strategy goes on to identify eight broad areas that the national strategy should address:
1. Legislation
2. Accessibility
3. Education
4. Vocational training and employment
5. Information and awareness raising
6. Participation and decision-making
7. Prevention and early intervention
8. State institutions for People with Intellectual Handicaps and Psychiatric Problems
Based on Dr Andreas König report

Basic concepts and procedures
Bulgarian legislation concerning disabilities is structured in two main laws and several other directives mentioning disabled people in different contexts. This is the main law concerning disabled people. It is expected to be changed soon, according to EU legislation. Law for integration of disabled people- This law is eligible from 1st of January 2005. First official use of "Disabled people" instead of "Invalid".

Classification of handicap
In Bulgarian legislation classification of handicap is made by expert committee/commission (medical commission). The main indicator is percentage of working capacity. On the basis of this percentage are defined three groups of persons. Each group has different privileges (in the case of services, financial support, rehabilitation and healthcare privileges).

Institutes (state, non-profit, church)
State government has a common National strategy for integration, prevention and rehabilitation of disabled people. Every ministry is responsible for its implementation.

Institutions responsible for disabled people are divided in two areas:
- National like ministries, National organizations and committees
- Local - on the level of Municipality or town governance.

There are also associations of disabled people depending on type of disabilities - Union of visual impaired, Union of deaf people, Union of disabled people which is the common organization. Sheltered institutions/organizations are also divided into two groups, depending on National or local indication. NGOs and charity organizations have well developed structures providing information, professional adaptation, socialization and integration. NGOs provide vocational training and prequalifications. Unemployment agencies provide courses for prequalifications and vocational training.

Types of education/training
Schools
Nowadays mainstream schools are restructured in order to respond to the needs of disabled people for integration and social adaptation. There are still sheltered specialized schools for different types of disabilities (visual, mental, physical, etc.) and vocational training. The official vocational training policy is held by the Ministry of Social Affairs. At local level there are representatives in Social care centers. Vocational training centers are organized by Unemployment centers and special centers for prequalifications.

Situation of disabled people Civil rights
Essential civil rights like right of education, access to public institutions and right of worthy life and job are not a high priority. There is discrepancy between official government policy and its realization at local level.

Equality of opportunity
Unfortunately, disabled people have not equal chances in many fields of life in Bulgaria. In society, the term "Invalid" still remains. Disabled people are discriminated by differences of written laws and their implementation. Officially legislation gives equal chances to disabled
people, but in many cases there is a differentiation between laws and their implementation. The words "Disabled People" still have bad connotations. The Image of disabled people still remains as someone in a wheelchair.
"Person with durable handicap" is person, who as result of anatomic, physiological or psychic handicap is with durably reduced opportunities to fulfill activities in a way and in extent, possible for the healthy man, and about which the bodies of the medical expertise have established degree of reduced ability to work or reduced ability for social adaptation 50 and over 50 percent.

The legislation in the field of the social policy for handicapped comprises the following regulations and ordinances:
- Law of integration of people with handicaps
- Law of protection from discrimination
- Law of Heath
- Law of encouragement of employment
- Law for healthy and safe labor conditions
- Law for vocational education and teaching
- Law of social support
- Law on the war handicapped and war injured persons

People with handicaps is defined as a person, who has a status, determinate by the law or permanently physic or anatomic illness, which reduces his possibilities for employment or
advance in the career Institutions.

For implementing cooperation at developing and conducting of the policy in the field of the integration of the people with handicaps at the Council of Ministers a National council for the integration of the people with handicaps shall be established. The National council for shall be a consultative body, in which participate representatives of: the state, determined by the Council of Ministers, the nationally representative organizations of the people with handicaps, the nationally representative organizations for the people with handicaps, the nationally representative organizations of the workers and the employees, the nationally representative organizations of the employers and the National association of the municipalities in the Republic of Bulgaria.

Governmental policy
Regulations and Ordinances
The legislation in the field of the social policy for disabled people is structured in the following Regulations and Ordinances:
- Regulation for implementation of the Law for encouragement of employment
- Regulation for implementation of the Law of social support
- Regulation for implementation of the Law of integration of people with handicaps
- Regulation for the structure and activity of National council for integration of people with
handicaps and the criteria for representativeness of organizations of handicapped people
- Structural regulation of Agency for the people with handicaps
- Regulation for the structure and activity of the bodies of the medical expertise of ability to work and the regional card – index for medical expertise
- Labor readjustment Ordinance 1/11.02.2005 for the conditions and the order for the issue of permits for the production, the import, the sale and the maintenance of auxiliary means
National programs, Administrative structures

The state bodies and the bodies of local government shall according to their authorities approve normative acts, strategies, programs, standards and other documents, connected with the integration of the people with handicaps such as:
- Program: "Promotion of teachers in the education of disabled children" National program "Assistants for disabled people". Type of the education/trainings: Schools
- Teams for complex pedagogic assessment and integrated training of the children with handicaps shall be established at the regional inspectorates of the Ministry of Education and Science. Resource centers for integrated training shall be established at the Ministry of Education and Science for supporting the integrated training of the children with handicaps.

The Ministry of Education and Science shall ensure:
1. Training of the children with handicaps of pre-school and school age at the schools of art. 26, para 1, items 1-10 of the Law of public education and at the kindergartens of art. 18 of the same law.
2. Supporting environment for integrated training of the children with handicaps;
3. Early auditory - speech, logopedic and psychological rehabilitation and rehabilitation of blind and weak-eyed children;
4. Textbooks, study aids, modern technologies and technical means for training of the children with handicaps up to 18 years of age or till finishing of secondary education;
5. Professional training of the children with handicaps.

The higher schools shall ensure:
1. Supporting environment, special devices, appropriate study materials and additional teacher's assistance, facilitating the process of training and assessment of people with handicaps;
2. Training of specialists for work with people with handicaps. The professional training of people with handicaps shall be implemented by:
- The Agency for employment;
- The employers or the bodies for appointment;
- The individuals, registered under the Commercial Law, and the corporate bodies, who offer social services to people with handicaps;
- The specialized enterprises and co-operatives.

Occupations
The Ministry of Youth and Sport and the Ministry of Education and Science in cooperation with the municipalities, the sport federations and the sport clubs shall create conditions for social integration of the people with handicaps by:
1. Adapting and conceding the sport sites and facilities for use by people with handicaps;
2. Promoting sport events with people with handicaps trough the mass media;
3. Supporting the participation of the sportsmen with handicaps in training and competition activity;
4. Supporting children and youth activities out of school.

The Ministry of Culture in cooperation with the municipalities shall ensure conditions for
integration of the people with handicaps through:
1. Conceding specialized information about use of services, routes, architectural - transport and other alleviations at places for public use, designated for recreation and culture;
2. Support for development of the talent and encouragement the creative appearance of the people with handicaps.

Status of disabled people
Civil rights
For fulfillment of the state policy for integration of the people with handicaps an Agency for the people with handicaps shall be established. The Agency for the people with handicaps shall implement the fulfillment of the state policy for integration of the people with handicaps by doing the following:
1. permit the production, the import, the sale and the maintenance of auxiliary means, appliances and facilities and control the observing of the approved criteria and standards for conceding of auxiliary means;
2. Keep register of the specialized enterprises and co-operations of the people with handicaps;
3. Participate and give obligatory statement at the preparation of drafts of normative acts, connected with the people with handicaps;
4. Develop programs and finance projects for stimulation of the economic initiative of the people with handicaps and the economic initiative in interest of the people with handicaps.

The people with durable handicaps shall have right to monthly additions for social integration according to the kind and the degree of the handicap and their individual needs and they are designated for covering additional expenses for:
1. Transport services;
2. Information and telecommunication services;
3. Training;
4. Balneological treatment and rehabilitation services;
5. Diet feeding and medicinal resources;
6. Accessible information;
7. Satisfying of other basic vital needs.

The people with durable handicaps, according to their needs, shall have right to purposed supports and alleviations for:
1. Purchase and adapting of personal motor vehicle and parking place;
2. Import of personal motor vehicle;
3. Reconstruction of home;
4. Accompanying of persons with impaired sight, persons with impediments in moving and
interpreters of persons with impaired hearing.

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Mentoring logo Events
25-09-2009 European (Valorisation) Conference - Creativity and Innovation in Education, Training, and Employment This final valorisation conference will bring together a number of projects that support the employability of people with disabilities, disadvantaged groups within the society as well as minority groups. The conference will consist of a number of workshops, combined with a demo area where participants will be able to try out, obtain, and assess various outcomes of the projects present.
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