Legal Capacity in Serbia: Failure to Meet the Standards for the Protection of the Right of Persons with Disabilities to Equality before the Law’ (original) (raw)
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The book on persons with disabilities (persons who have reported difficulty in connection with their own state of health and functioning) will be based primarily on the data obtained from the national Census conducted in 2011. Taking into consideration the fact that the Census in the Republic of Serbia included the questions in connection with the difficulties for the first time, the study has been envisaged as an analysis that will be used for further interpretation and application of the quantitative data. The aim of the very set of the census questions is not to get an insight about the social interaction, obstacles in that regard and the degree of inclusion of persons with disabilities within the society. Such insight, albeit in a limited scope, is intended to be acquired by cross-classifying the data obtained in different segments of the census questionnaire. The study intends to obtain the information on the degree of school attainment by cross-classifying the census questions and data. The areas covered in such way will also cover segments of economic activity that includes work and employment and the manner of livelihood. In its approach the study will make a difference between the persons with disabilities who live in collective institutions (social welfare institutions) and those living in a flat/house, which will be the subject of a special chapter.
SSRN Electronic Journal, 2004
Like so many European countries, the Republic of Serbia is facing high rates of unemployment among persons with disabilities. This can be explained by various factors, including indirect discrimination of persons with disabilities within the school system and employment procedures, as well as their fear of forfeiture of social benefits upon entering into an employment contract. Law on vocational rehabilitation and employment of persons with disabilities (2009) is promoting employment of such persons in the open market, in accordance with the general conditions or by reasonably adjusting the workplace to their needs, while 'sheltered' employment is, as a rule, reserved for persons who, due to the grade of their disability, are unable to fulfil their need for economic security as initially described above. Based on international standards and comparative experience, the legislator prescribed multiple measures, including employment quotas, for equal participation of persons with disabilities in the labour market as well as increase in their employment. Although the rate of employment of persons with disabilities has risen slightly since the Law came into force, many of these people are still without work, mainly because employers sought to 'bypass' their designated employment obligations any way they could, even pressuring the (existing) staff to register as persons with disabilities. On the other hand, judges are faced with the challange of 'honing down' reasonable adjustments standard, especially as the corresponding obligation of the employer exceeds the ban for indirect discrimination, and yet differs from positive discrimination. Therefore, the paper shall reasses the limits of the obligation for reasonable adjustments, as well as the circle of protected persons, since comparative law recognizes the practise of reserving employment quotas exclusively for people with severe disabilities. Especially so, because limiting the designated employment obligation to persons with severe disabilities is justified when the purpose of the quota system is to facilitate employment for people facing the biggest problems on the labour market. Conversely, the need to reduce the number of users of social benefits speaks in favour of establishing a general obligation for employment of persons with disabilities.
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This article analyses the discourse surrounding, implementation of, and struggles over the new disability policy in Serbia to show how its founding principles of human rights became partially co-opted by neoliberal welfare restructuring. As a result, it sought to make disabled people not only equal but also economically ‘independent’ in the sense of relying on wage labour instead of welfare. Owing to its inadequate assumptions and instruments, the policy has largely failed to deliver on these objectives. Disabled people mobilized against neoliberalization by defending material welfare entitlements inherited from Yugoslav socialism. At the same time, they appropriated the register of human rights to demand a substantive political and civic equality. This points to the possibility of rights-based projects that fuse rather than oppose the politics of recognition and redistribution.
The Legal Situation of People with Disabilities in Latvia
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Each year the number of people with disabilities in Latvia increases. More and more children are born with congenital problems. Many opportunities are not used to integrate disabled people in the society. The study aims to evaluate the legal situation in Latvia of both children and adults with disabilities. People with functional disorders are an integral part of society and the legislative framework should prevent their discrimination. While carrying out the analysis of legal framework defining documents, as well as the reflection of personal experience, it was found that the actual situation in the country does not entirely meet with the legal framework. People with special needs in both Latvian statutes and everyday life are still denoted with a term ’invalid’. In assessing the dynamics of the number of disabled children, it was found that the number of such children is increasing.
Capability Approach and Disability: A normative analysis of Romanian policies on disability
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The present thesis aims to analyze the Romanian disability policies through a Capability Approach perspective. Considering the Capability Approach as currently providing the best theoretical framework for understanding and assessing disability I aim to construct an instrument which will be used to assess Romania’s main disability legislation as to see how close the law’s understanding of disability and its mitigation strategies come to the Capability Approach’s understanding of disability and to its proposals for ameliorating the lives of people suffering from it. In order to do this, I will start with a short history of capability approach theory, presented in chapter one. The most prominent interpretations and the most recent critiques of capability approach, plus the most recent capability approach applications are also presented. The application of capability approach in assessing disability is reserved for chapter two. After an expose of the most popular disability models, some of them being used by international organizations like the World Health Organization, and their shortcomings, we slide into how capability approach can be used to construct a more inclusive and round disability model that can take into account not only the physical aspects of disability but also the social ones ranging from the individual to its social surroundings and also harder to measure and identify elements like mental conditioning, customs and habits. For a proper analysis of disability policies, starting from the Capability Approach Disability Model I construct an instrument with a set of criteria that will be used to analyze/asses how close the disability policy gets to a capability approach way of measuring and understanding someone’s disability. The conclusions section is reserved for summarizing the finds of the analysis.
Social protection for people with disabilities Bosnia and Herzegovina
European Social Policy Network, 2022
This report analyses some important cash and in-kind social protection provisions available to adult people with disabilities (i.e. people aged 18 or above) in Bosnia and Herzegovina (BiH). There are other important provisions available to them in other areas not covered in this report. In line with Article 1 of the UN Convention on the Rights of People with Disabilities (CRPD), “people with disabilities” should be understood as “those who have long-term physical, mental, intellectual or sensory impairments which in interaction with various barriers may hinder their full and effective participation in society on an equal basis with others”.
Ekonomika preduzeca, 2017
Položaj osoba sa invaliditetom na tržištu rada i pravo na rad kao jedno od osnovnih ljudskih prava garantovano Ustavom Republike Srbije i međunarodnim konvencijama su česta tema diskusije u akademskoj literaturi i istraživanjima nevladinog sektora. Nakon usvajanja Zakona o profesionalnoj rehabilitaciji i zapošljavanju osoba s invaliditetom (u daljem tekstu: Zakon) u 2009. godini, došlo je do značajnog pomaka u zapošljavanju ove osetljive društvene grupe na tržištu rada u Srbiji. Namera istraživanja bila je razmotriti učinke sprovođenja Zakona iz perspektive poslovnog sektora, kroz stavove i izazove sa kojima se suočavaju poslodavci u praksi. Sprovedena je anketa u kojoj su učestvovala preduzeća iz različitih sektora i veličine, i rezultati su ukršteni sa nalazima iz intervjua s izabranim poslodavcima i predstavnicima državne uprave. Kao rezultat, otkrivene su brojne prepreke kod poslodavaca u pogledu nerazumevanja kod načina primene Zakona, zajedno sa disbalansom između potreba tržišta rada (strana tražnje), i broja i kvaliteta osoba s invaliditetom podobnih za zapošljavanje (strana ponude). U zaključku, date su preporuke za potencijalno poboljšanje Zakona i njegovo približavanje realnim mogućnostima i potrebama poslovnog sektora. Na taj način, poslodavci bi dobili osećaj vlasništva nad ovom značajnom merom socijalnog uključivanja na tržištu rada, uz istovremenu korist od angažovanja osoba sa invaliditetom koji mogu da budu jak motivacioni faktor među zaposlenima. Ključne reči: osobe sa invaliditetom, poslodavci, zapošljavanje osoba sa invaliditetom, Zakon o profesionalnoj rehabilitaciji i zapošljavanju osoba sa invaliditetom, društvena inkluzija, Srbija