1 Hungary’s Act XXVI of 1998 Hungary’s Act XXVI of 1998 ( ON PROVISION OF THE RIGHTS OF PERSONS LIVING WITH DISABILITY AND THEIR EQUALITY OF OPPORTUNITY)

2 Where is Hungary?

3 General Overview of the Hungarian Republic Located in Central Eastern Europe Border Austria, Slovakia, Ukraine, Romania, Serbia, Croatia and Slovenia Located in Central Eastern Europe Border Austria, Slovakia, Ukraine, Romania, Serbia, Croatia and Slovenia Covers an area of 93,030 sq km Covers an area of 93,030 sq km Population: over 10 million Population: over 10 million

4 DEVELOPENT OF HUNGARY’S EQUALIZATION OPPORTUNITY LAW (ACT XXXVI OF 1998) History History General Provisions and Basic Principles General Provisions and Basic Principles Purpose Purpose

5 Definitions “a person living with a disability” – anyone who is to a significant extent or entirely not in possession of a sensory – particularly sight, hearing, locomotor, or intellectual – functions, or who is substantially restricted in communication and is thereby placed at a permanent disadvantage regarding active participation in the life of society. “a person living with a disability” – anyone who is to a significant extent or entirely not in possession of a sensory – particularly sight, hearing, locomotor, or intellectual – functions, or who is substantially restricted in communication and is thereby placed at a permanent disadvantage regarding active participation in the life of society.

6 “rehabilitation” a process realized in the health care, mental hygiene, education, training, retraining, employment and social welfare systems, aimed at developing or maintaining the level of capability of the person living with disability for participation in the life of society, and at promoting independent living. a process realized in the health care, mental hygiene, education, training, retraining, employment and social welfare systems, aimed at developing or maintaining the level of capability of the person living with disability for participation in the life of society, and at promoting independent living.

7 “aid” serving to partially or fully make up for the partial or full lack of physical or sensory capability in persons living with disability serving to partially or fully make up for the partial or full lack of physical or sensory capability in persons living with disability

8 “supporting service” service aimed at promoting independent living for persons living with disability, at meeting their everyday needs and realized though personal participation service aimed at promoting independent living for persons living with disability, at meeting their everyday needs and realized though personal participation

9 “residential home” form of residence for a small community, promoting independent living for persons living with disability. form of residence for a small community, promoting independent living for persons living with disability.

10 Chapter 2: Rights to which persons with living with disability are entitled: Environment Environment Communication Communication Transport Transport Supporting services, aids Supporting services, aids

11 Target areas for the equalization of opportunities Health care Health care Education, Training Education, Training Employment Employment Place of residence Place of residence Culture, Sport Culture, Sport

12 Hungarian Act XXVI of 1998 and ADA ADA’s Title I v. Act XXVI of 1998 ADA’s Title I v. Act XXVI of 1998 employment employment

13 Hungary’s Act of XXVI of 1998 and ADA ADA’s Title II v. Act XXVI of 1998 ADA’s Title II v. Act XXVI of 1998 public services and transportation public services and transportation

Hungary’s Act XXVI of 1998 and ADA ADA’s Title III v. Act XXVI of 1998 ADA’s Title III v. Act XXVI of 1998 Public Accommodation and Environment Public Accommodation and Environment

15 Hungary’s Act XXVI and UN Draft Convention on the Rights of People with Disabilities (aka Draft Comprehensive and Integral International Convention on the Protection and Promotion of the Rights and Dignity of Persons with Disability)

16 PREAMBLE Draft Article 1: PURPOSE Draft Article 2: GENERAL PRINCIPLES Draft Article 3: DEFINITIONS Draft Article 4: GENERAL OBLIGATIONS Draft Article 5: PROMOTION OF POSITIVE ATTITUDES TO PERSONS WITH DISABILITIES Draft Article 6: STATISTICS AND DATA COLLECTION Draft Article 7: EQUALITY AND NON-DISCRIMINATION Draft Article 8: RIGHT TO LIFE Draft Article 9: EQUAL RECOGNITION AS A PERSON BEFORE THE LAW Draft Article 10: LIBERTY AND SECURITY OF THE PERSON Draft Article 11: FREEDOM FROM TORTURE OR CRUEL, INHUMAN OR DEGRADING TREATMENT OR PUNISHMENT Draft Article 12: FREEDOM FROM VIOLENCE AND ABUSE Draft Article 13: FREEDOM OF EXPRESSION AND OPINION, AND ACCESS TO INFORMATION Draft Article 14: RESPECT FOR PRIVACY, THE HOME AND THE FAMILY Draft Article 15: LIVING INDEPENDENTLY AND BEING INCLUDED IN THE COMMUNITY Draft Article 16: CHILDREN WITH DISABILITIES Draft Article 17: EDUCATION Draft Article 18: PARTICIPATION IN POLITICAL AND PUBLIC LIFE Draft Article 19: ACCESSIBILITY Draft Article 20: PERSONAL MOBILITY Draft Article 21: RIGHT TO HEALTH AND REHABILITATION Draft Article 22: RIGHT TO WORK Draft Article 23: SOCIAL SECURITY AND AN ADEQUATE STANDARD OF LIVING Draft Article 24: PARTICIPATION IN CULTURAL LIFE, RECREATION, LEISURE AND SPORT Draft Article 25: MONITORING

17 Purpose of UN Draft Convention The purpose of this Convention shall be to ensure the full, effective and equal enjoyment of all human rights and fundamental freedoms by persons with disabilities The purpose of this Convention shall be to ensure the full, effective and equal enjoyment of all human rights and fundamental freedoms by persons with disabilities

18 Purpose of the Hungarian Act XXVI of To Define the rights of persons living 1. To Define the rights of persons living with disability. with disability. 2. To ensure equality of opportunity. 2. To ensure equality of opportunity.

19 What UN Draft Convention Covers The right to life The right to life Equal recognition before the law Equal recognition before the law Liberty and security of a person Liberty and security of a person Freedom from violence and abuse; as well as cruel, inhuman or degrading treatment. Freedom from violence and abuse; as well as cruel, inhuman or degrading treatment. Freedom of expression and opinion Freedom of expression and opinion Children with Disabilities Children with Disabilities Education and participation in public and political life Education and participation in public and political life

20 What UN Draft Convention Covers Accessibility Accessibility Personal Mobility Personal Mobility Right to Health and Rehabilitation Right to Health and Rehabilitation Right to work; social security, and adequate standard of living Right to work; social security, and adequate standard of living Participation in cultural life, entertainment and sports Participation in cultural life, entertainment and sports

21 What Hungarian Act XXVI covers Transportation Transportation Supporting service and aids Supporting service and aids Health care Health care Education Education Employment Employment Place of residence Place of residence The right to rehabilitation The right to rehabilitation Disability support Disability support Who is going to be assigned in ensuring these things Who is going to be assigned in ensuring these things

22 Definitions (Draft Article 3) “Accessibility” “Accessibility” “Communication” “Communication” “Disability” “Disability” “Discrimination on the ground of disability” “Discrimination on the ground of disability” “Reasonable Accommodation” “Reasonable Accommodation”

23 “Accessibility” (UN Draft Convention) Addressed in Article 19, under “Accessibility” Addressed in Article 19, under “Accessibility” States Parties to this Convention shall take appropriate 66 measures to States Parties to this Convention shall take appropriate 66 measures to66 1. identify and eliminate obstacles, and 1. identify and eliminate obstacles, and 2. to ensure accessibility for persons with disabilities to 2. to ensure accessibility for persons with disabilities to a. the built67 environment, a. the built67 environment,67 b. to transportation, b. to transportation, c. to information and communications, (including information c. to information and communications, (including information and communications technologies), and and communications technologies), and d. to other services 68 in order to ensure the capacity of d. to other services 68 in order to ensure the capacity of68 persons with disabilities to live independently and to persons with disabilities to live independently and to participate fully in all aspects of life. participate fully in all aspects of life.

24 Facilities covered (under Draft Convention) Public buildings Public buildings Roads Roads Other facilities for public use (schools, housing, medical facilities, indoor and outdoor facilities, public workplaces) Other facilities for public use (schools, housing, medical facilities, indoor and outdoor facilities, public workplaces) Public transportation facilities Public transportation facilities

25 “Accessibility” under Hungarian Act XXVI Section 5: Section 5: “The person living with disability has the right to a man-made environment that presents no obstacles, can be perceived and is safe” “The person living with disability has the right to a man-made environment that presents no obstacles, can be perceived and is safe” The right above applies particularly to orientation traffic and the man-made environment. The right above applies particularly to orientation traffic and the man-made environment.

26 “Communication” (UN Draft Convention – Article 3) "Communication" includes oral-aural communication, communication using: "Communication" includes oral-aural communication, communication using: 1. sign language, 1. sign language, 2. tactile communication, 2. tactile communication, 3. Braille, 3. Braille, 4. large print, 4. large print, 5. audio, 5. audio, 6. accessible multimedia, 6. accessible multimedia, 7. human reader (and other augmentative or alternative modes of communication, including accessible information and communication technology). 7. human reader (and other augmentative or alternative modes of communication, including accessible information and communication technology).

27 “Communication” (Hungarian Act XXVI) Section 6: Accessibility to information Section 6: Accessibility to information Persons living with disability, their family members and helpers must be ensured the possibility of access to: Persons living with disability, their family members and helpers must be ensured the possibility of access to: a. information of public interest, as well as to a. information of public interest, as well as to b. information related to the rights to which b. information related to the rights to which the disabled are entitled and the services the disabled are entitled and the services provided for them. provided for them. Information is accessible if disabled person can perceive it and if it ensures him of the possibility of appropriate interpretation. Information is accessible if disabled person can perceive it and if it ensures him of the possibility of appropriate interpretation.

28 “Disability” (UN Draft Convention – Article 3) Footnote 12 Footnote 1212

29 “Disability” (Hungarian Act XXVI) Section 4: “Person living with Disability” Section 4: “Person living with Disability” Anyone who is to a significant extent or entirely not in possession of: Anyone who is to a significant extent or entirely not in possession of: a. sensory-particularly sight, hearing-locomotor a. sensory-particularly sight, hearing-locomotor or intellectual functions, or intellectual functions, b. or who is substantially restricted in b. or who is substantially restricted in communication and is thereby placed at a communication and is thereby placed at a permanent disadvantage regarding active permanent disadvantage regarding active participation in the life of society participation in the life of society

30 “Discrimination” (UN Draft Convention) Discrimination shall mean any distinction, exclusion or restriction which has the purpose or effect of impairing or nullifying the recognition, enjoyment or exercise by persons with disabilities, on an equal footing, of all human rights and fundamental freedoms. Discrimination shall mean any distinction, exclusion or restriction which has the purpose or effect of impairing or nullifying the recognition, enjoyment or exercise by persons with disabilities, on an equal footing, of all human rights and fundamental freedoms. Discrimination shall include all forms of discrimination, including direct, indirect 24 and systemic, and shall also include discrimination based on an actual or perceived25 disability. Discrimination shall include all forms of discrimination, including direct, indirect 24 and systemic, and shall also include discrimination based on an actual or perceived25 disability

31 “Reasonable Accommodation” (UN Draft Convention) Footnote 27 27

32 “Reasonable Accommodation” (Hungarian Act XXVI of 1998) Used in employment and transportation Used in employment and transportation

33 Government Entities Assigned to oversee these provisions: National Disability Affairs Council National Disability Affairs Council National Disability Affairs Program National Disability Affairs Program

34 National Disability Affairs Council Takes initiatives Takes initiatives Makes proposals Makes proposals Gives opinions (on draft regulations) Gives opinions (on draft regulations) Co-ordinates in decision-making Co-ordinates in decision-making Carries out and evaluates implementation of program Carries out and evaluates implementation of program Regularly informs the govt. on the current life situation of people with disabilities Regularly informs the govt. on the current life situation of people with disabilities

35 National Disability Affairs Program Presents the social situation of people living with disability Presents the social situation of people living with disability Identifies the aims related to rehabilitation Identifies the aims related to rehabilitation Plans the tasks needed to bring about the change in social attitudes Plans the tasks needed to bring about the change in social attitudes Identifies the conditions needed to improve the quality of life Identifies the conditions needed to improve the quality of life This program is adopted by the Parliament which re-examines resolutions every 4 yrs. This program is adopted by the Parliament which re-examines resolutions every 4 yrs.

36 ComparisonComparison Place of Residence Place of Residence Employment Employment Sports/Recreation Sports/Recreation Access to Information Access to Information Rehabilitation Rehabilitation Disability Support Disability Support Education Education Transportation Transportation

37 Conclusion

38 Useful Links to Disability issues in Hungary ntryID=52 ntryID=52 ntryID=52 ntryID=52 7B118406EB55F455B3E7AF75A%7d&From=Business 7B118406EB55F455B3E7AF75A%7d&From=Business 7B118406EB55F455B3E7AF75A%7d&From=Business 7B118406EB55F455B3E7AF75A%7d&From=Business 2B8A648709CD F65757%7d&From=News 2B8A648709CD F65757%7d&From=News 2B8A648709CD F65757%7d&From=News 2B8A648709CD F65757%7d&From=News 6E5194E86828DFB54EF09A7C1%7d&From=News 6E5194E86828DFB54EF09A7C1%7d&From=News 6E5194E86828DFB54EF09A7C1%7d&From=News 6E5194E86828DFB54EF09A7C1%7d&From=News %20E%20L%20E%20A%20S%20E.doc %20E%20L%20E%20A%20S%20E.doc