What are the rights of persons with disabilities in Russia and how to defend

Equality

ConstitutionArticle 39 Russia guaranteed social security and federal lawFederal Law "On social protection of invalids in the Russian Federation" dated 24.11.1995 N 181-FZ - social protection of disabled persons. People who have received for health status of the disabled, have equal rights with other citizens in the exercise of civil, economic, political and other rights. As well as a number of privileges.

Medicine and Rehabilitation

Persons with disabilities are entitled to free medicines, vouchers and various medical devices.

Free medicines prescribed by doctors. They give in pharmacies by prescription. In this case, the prescription must be issued on a special form and certified by the head of the department. A pharmacy shall have the right to participate in the federal program providing citizens with preferential medicines. All-Russian list of free drugs established by the Government. In 2017, it included 646 products in it.

Once a year the disabled are entitled to free spa treatment. Select resort can not be, but are granted to him and back again.

Since 2005, from free medicines and vouchers can be dispensed with and receive their monthly cash payment (EDV).

This so-called monetization of benefits. EDV get together with a pension. Her indexed annually.

Have the right to receive free technical means of rehabilitation (TCP). This prosthesis, canes, hearing aids, wheelchairs, items personal hygiene and much else that is necessary for people with different disabilities in everyday life.

ScrollOrder of the Ministry of Labor of Russia dated 28.12.2017 TCP, and the indications for their use is approved by the Order of the Ministry of Labor and Social Protection of the Russian Federation. To get the TCP, you must enter it in the individual rehabilitation program (IRP).

social service

This assistance to citizens who are unable to provide for their own basic needs.

To formsChapter 6 of the Law "On the basis of social service of citizens in the Russian Federation" Social services include:

• Help around the house. Cleaning, grocery shopping and basic necessities.
• Assistance in obtaining medical care and care during their stay in boarding houses and specialized boarding schools.
• Counseling on various issues - from legal to psychological.

The receipt of social services should be treated in the local Social Security.

Even in Russia a programThe state program "Available environment" for 2011-2025 "Accessible environment" in which tailor the infrastructure and improve the scope of services.

For example, a disabled person is entitled toThe procedure for the provision of services to the disabled in post offices and place of residence (home) cause the postman to send writing or order home delivery of parcels. It's free. It is necessary to call in his office and recall that the "Mail of Russia" participates in the implementation of the federal program.

Pension and taxes

Invalids of all groups and children with disabilities are entitled to a social pension.

The average pension of a disabled group I after indexation in 2018 is 13 500 rubles.

Also, people with disabilities in group I and disabled children are entitled to care allowance. For its registration you need to find the able-bodied, but not having any income Assistant and apply to social protection. The amount of the care allowance - 1500 rubles for disabled parents of disabled children - 5500 rubles.

Parents of children with disabilities have the right to another series of privileges: the deduction of income tax, four additional days off per month, retirement five years before reaching the retirement age.

For the disabled groups I and II, there are tax breaks. They are exempt from property tax (Article 407Article 407. tax exemptions Tax Code of the Russian Federation) and have benefits for land and transport taxes. In this case, the right to deductions saved.

When applying to the court with disabilities are exempt from court fees if the claim is less than a million rubles. When referring to the notary for the disabled groups I and II have 50 per cent discount (Article 333.38Article 333.38. Benefits when applying for notarial acts RF Tax Code).

Housing and communal services

People with disabilities and living with them family members have the right to:

1. Improvement of living conditions - Article 17Article 17. Providing housing for people with disabilities Law "On social protection of invalids in the Russian Federation." If more people than square meters, or around the house crying overhaul, you can stand in line for housing. People suffering from severe forms of chronic diseases, go out of turn. Accommodation is available on the social contract of employment.
2. Obtaining land to build a house or garage or the garden and farming out of turn and without bidding.
3. 50 per cent discount for payment of housing and communal services. The privilege is granted individually. For example, if a disabled person lives with three relatives, then the amount of ¼ platozhke calculate and divide it in half. This will be his compensation for utility services.

Transport

Once a year the disabled is entitled to free railTravel benefits in the long-distance or tickets to the place of treatment. To get them, you need to issue the card in his office the Social Insurance Fund. Directions paid disabled and accompanying. Provided that the first not passed on EDV.

It runs 534 car with special compartments on the Russian railways. Tickets they cost 50% less than conventional. Discount when buying a ticket immediately displayed on the website of Russian Railways.

Airports and railway stations are becoming more comfortable for people with limited mobility. Set up special services that help disabled people with luggage and escorted to seats in the train or Flight.

As for urban and suburban traffic in the regions to develop and introduce social tickets. As a rule, this is exactly the document, which is sold at a fixed price. He gives the right to free travel on all forms of urban transport, except taxis.

If the disabled person himself drives a car, he can count on Free on-site parking. To do this, you need to hang on the glass corresponding to the sign and carry a title documents.

Study and work

Disabled people in Russia can go through all levels of education - from preschool to higher education.

The state supports the reception of disabled education and ensures the creation of the necessary conditions for people with disabilities to obtain it.

Article 19 of the Law "On social protection of invalids in the Russian Federation."

Children with disabilities have the right to go into regular kindergartens and schools - in 2016 the Law "On education" introduced novel about inclusion. There are also special (correctional) educational institutions and form family education.

To go to college or university, enough on exams passing score - people with disabilities are out of the competition. If necessary, the applicant (student) with disabilities can increase the duration of the exam, or change the form of answers reception.

Employed persons with disabilities have a number of additional safeguards.

• The maximum duration of the working week for disabled groups I and II - 37 hours (Article 92Article 92. Shorter working time Of the Labor Code).
• Paid annual leave - 30 days (Article 115Article 115. Duration of basic annual paid leave Of the Labor Code)
• Vacation at his own expense - up to 60 days a year (Article 128Article 128. without pay leave Of the Labor Code).
• Involvement in extracurricular, night work and holidays - only with written consent.
• Can not be dismissed while reducing the number of staff.

In many of the Russian Federation provided for quotasArticle 21. Establishment of quotas for the employment of disabled persons work places. In the companies number more than 100 people must be from 2 to 4% of people with disabilities. If employees from 35 to 100, the quota - not more than 3%. In this case, the employer must arrange workplace disability in accordance with the requirements of its IPR.

Leisure

Persons with disabilities are guaranteed the right to access to information. Therefore, the library should be a book in Braille. And it must be accompanied by an official sign language.

People with disabilities have the right to unimpeded access to public places. This means that in theaters, concert halls and other institutions should be ramps, call buttons and other paraphernalia personnel. When visiting the many cultural and entertainment events with disabilities often have discounts.

Protecting the rights of persons with disabilities

People with disabilities in Russia many preferences. But their implementation suffers. free drugs lacks. Buy cheapest and unsuitable for carriage driving. Vouchers have to wait for years, and places for the disabled in the parking lot is occupied by all and sundry.

How to be when you are constantly confronted with the violation of the rights of persons with disabilities? Can I count on free legal support? And whether it is necessary to appeal to international organizations if the remedies have been exhausted within the country?

Layfhaker asked practitioners.

For violation of the rights of persons with disabilities provided for both criminal and administrative responsibility. Faced with the violation of their rights disabled person can complain to the prosecutor or the court.

In the first case it is enough of a written or oral statement (for example, if you come to a personal appointment with the prosecutor). Based on the application will be carried prosecutor's check. If the facts of a violation are confirmed, the guilty be brought to justice.

In addition, the prosecutor has the right to go to court. If you identify violations during the inspection conducted on its own initiative. Or on the basis of the complaint invalid. In practice, almost always such claims are to be satisfied.

Apply to the court may itself invalid. And as a parallel complaint with the prosecutor's office, and without it. Or in the case of disagreement with the results of the prosecutor's investigation.

If a disabled person goes to court, he will have to independently collect and present evidence. In this case, you can claim compensation non-pecuniary damage. In simple words, to collect money from people who have violated their rights. While the result of the treatment to the prosecutor (or the court of the prosecutor) will be only administrative punishment and the court's decision to eliminate the fact of violation.

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According to the law "On free legal aid in the Russian Federation", invalids I and II groups have a right to it. You can consult to help with the preparation of lawsuits, claims and other documents. And to represent your interests in court.

You can independently or through a representative to apply for free legal aid. But not all lawyers and lawyers in general. And only those who is a member of a state or non-state system of free legal aid.

Find out which law firms are among the participants are:

• the territorial body of social protection or the website of the regional authority of the Department.
• on the site of the Chamber of Disabled Persons of residence (you can call in the body).
• Online or by phone Regional Authority Justice Ministry.

Also, in many cities there are the so-called legal clinics at the Law University. In them, students provide free assistance in legal matters, including the disabled. Of course, under the supervision of teachers or experienced lawyers - the curators of these projects.

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Russia is a country that has ratified the UN Convention on the Rights of Persons with Disabilities on 13 December 2006, but without its Optional Protocol. This means that the text of the Convention over any domestic law. In case of violation of their rights of a disabled person can refer to this document. But only within the country. Apply to the Committee on the violation of rights, which monitors compliance with the Convention, can not be disabled. The reason - the Optional Protocol unratified.

However, this does not negate the right of appeal invalid, as an ordinary Russian citizen, The European Court of Human Rights (ECHR). The main condition - the applicant must be the victim of a violation of the rights established by a Convention. Consequently, once the Convention on the Rights of Persons with Disabilities ratified by Russia, it means that a violation of its provisions may be invoked before the ECHR.

You can also apply to other international human rights court. Defending the rights of people with disabilities in their activities involved in the Human Rights Committee and the UN Human Rights Council.

But the current practice develops in such a way that the only really working mechanism to uphold the rights of persons with disabilities at international level is only an appeal to the ECHR.