Článek 26 - Začlenění osob se zdravotním postižením
Unie uznává a respektuje právo osob se zdravotním postižením na opatření, jejichž cílem je zajistit jejich nezávislost, sociální a profesní začlenění a jejich účast na životě společnosti.
Zásada stanovená v tomto článku je založena na článku 15 Evropské sociální charty a rovněž čerpá z bodu 26 Charty základních sociálních práv pracovníků Společenství.
Article 29 (1) Women, adolescents, and persons with health problems have the right to increased protection of their health at work and to special work conditions. (2) Adolescents and persons with health problems have the right to special protection in labour relations and to assistance in vocational training. (3) Detailed provisions shall be set by law.
Článek 29 (1) Ženy, mladiství a osoby zdravotně postižené mají právo na zvýšenou ochranu zdraví při práci a na zvláštní pracovní podmínky. (2) Mladiství a osoby zdravotně postižené mají právo na zvláštní ochranu v pracovních vztazích a na pomoc při přípravě k povolání. (3) Podrobnosti stanoví zákon.
An Act to make provision for the establishment of the Commission for Equality and Human Rights; to dissolve the Equal Opportunities Commission, the Commission for Racial Equality and the Disability Rights Commission; to make provision about discrimination on grounds of religion or belief; to enable provision to be made about discrimination on grounds of sexual orientation; to impose duties relating to sex discrimination on persons performing public functions; to amend the Disability Discrimination Act 1995; and for connected purposes.
Section 15 Discrimination arising from disability
(1) A person (A) discriminates against a disabled person (B) if—
(a) A treats B unfavourably because of something arising in consequence of B's disability, and
(b) A cannot show that the treatment is a proportionate means of achieving a legitimate aim.
(2) Subsection (1) does not apply if A shows that A did not know, and could not reasonably have been expected to know, that B had the disability.
Section 20 Duty to make adjustments
(1)Where this Act imposes a duty to make reasonable adjustments on a person, this section, sections 21 and 22 and the applicable Schedule apply; and for those purposes, a person on whom the duty is imposed is referred to as A.
(2)The duty comprises the following three requirements.
(3)The first requirement is a requirement, where a provision, criterion or practice of A's puts a disabled person at a substantial disadvantage in relation to a relevant matter in comparison with persons who are not disabled, to take such steps as it is reasonable to have to take to avoid the disadvantage.
(4)The second requirement is a requirement, where a physical feature puts a disabled person at a substantial disadvantage in relation to a relevant matter in comparison with persons who are not disabled, to take such steps as it is reasonable to have to take to avoid the disadvantage.
(5)The third requirement is a requirement, where a disabled person would, but for the provision of an auxiliary aid, be put at a substantial disadvantage in relation to a relevant matter in comparison with persons who are not disabled, to take such steps as it is reasonable to have to take to provide the auxiliary aid.
(6)Where the first or third requirement relates to the provision of information, the steps which it is reasonable for A to have to take include steps for ensuring that in the circumstances concerned the information is provided in an accessible format.
(7)A person (A) who is subject to a duty to make reasonable adjustments is not (subject to express provision to the contrary) entitled to require a disabled person, in relation to whom A is required to comply with the duty, to pay to any extent A's costs of complying with the duty.
(8)A reference in section 21 or 22 or an applicable Schedule to the first, second or third requirement is to be construed in accordance with this section.
(9)In relation to the second requirement, a reference in this section or an applicable Schedule to avoiding a substantial disadvantage includes a reference to—
(a)removing the physical feature in question,
(b)altering it, or
(c)providing a reasonable means of avoiding it.
(10)A reference in this section, section 21 or 22 or an applicable Schedule (apart from paragraphs 2 to 4 of Schedule 4) to a physical feature is a reference to—
(a)a feature arising from the design or construction of a building,
(b)a feature of an approach to, exit from or access to a building,
(c)a fixture or fitting, or furniture, furnishings, materials, equipment or other chattels, in or on premises, or
(d)any other physical element or quality.
(11)A reference in this section, section 21 or 22 or an applicable Schedule to an auxiliary aid includes a reference to an auxiliary service.
(12)A reference in this section or an applicable Schedule to chattels is to be read, in relation to Scotland, as a reference to moveable property.
(13)The applicable Schedule is, in relation to the Part of this Act specified in the first column of the Table, the Schedule specified in the second column.
Section 165 Passengers in wheelchairs
(1)This section imposes duties on the driver of a designated taxi which has been hired—
(a)by or for a disabled person who is in a wheelchair, or
(b)by another person who wishes to be accompanied by a disabled person who is in a wheelchair.
(2)This section also imposes duties on the driver of a designated private hire vehicle, if a person within paragraph (a) or (b) of subsection (1) has indicated to the driver that the person wishes to travel in the vehicle.
(3)For the purposes of this section—
(a)a taxi or private hire vehicle is “designated” if it appears on a list maintained under section 167;
(b)“the passenger” means the disabled person concerned.
(4)The duties are—
(a)to carry the passenger while in the wheelchair;
(b)not to make any additional charge for doing so;
(c)if the passenger chooses to sit in a passenger seat, to carry the wheelchair;
(d)to take such steps as are necessary to ensure that the passenger is carried in safety and reasonable comfort;
(e)to give the passenger such mobility assistance as is reasonably required.
(5)Mobility assistance is assistance—
(a)to enable the passenger to get into or out of the vehicle;
(b)if the passenger wishes to remain in the wheelchair, to enable the passenger to get into and out of the vehicle while in the wheelchair;
(c)to load the passenger's luggage into or out of the vehicle;
(d)if the passenger does not wish to remain in the wheelchair, to load the wheelchair into or out of the vehicle.
(6)This section does not require the driver—
(a)unless the vehicle is of a description prescribed by the Secretary of State, to carry more than one person in a wheelchair, or more than one wheelchair, on any one journey;
(b)to carry a person in circumstances in which it would otherwise be lawful for the driver to refuse to carry the person.
(7)A driver of a designated taxi or designated private hire vehicle commits an offence by failing to comply with a duty imposed on the driver by this section.
(8)A person guilty of an offence under subsection (7) is liable on summary conviction to a fine not exceeding level 3 on the standard scale.
(9)It is a defence for a person charged with the offence to show that at the time of the alleged offence—
(a)the vehicle conformed to the accessibility requirements which applied to it, but
(b)it would not have been possible for the wheelchair to be carried safely in the vehicle.
(10)In this section and sections 166 and 167 “private hire vehicle” means—
(a)a vehicle licensed under section 48 of the Local Government (Miscellaneous Provisions) Act 1976;
(b)a vehicle licensed under section 7 of the Private Hire Vehicles (London) Act 1998;
(c)a vehicle licensed under an equivalent provision of a local enactment;
(d)a private hire car licensed under section 10 of the Civic Government (Scotland) Act 1982.
Section 168 Assistance dogs in taxis
(1)This section imposes duties on the driver of a taxi which has been hired—
(a)by or for a disabled person who is accompanied by an assistance dog, or
(b)by another person who wishes to be accompanied by a disabled person with an assistance dog.
(2)The driver must—
(a)carry the disabled person's dog and allow it to remain with that person;
(b)not make any additional charge for doing so.
(3)The driver of a taxi commits an offence by failing to comply with a duty imposed by this section.
(4)A person guilty of an offence under this section is liable on summary conviction to a fine not exceeding level 3 on the standard scale.
Section 182 Rail vehicle accessibility regulations
(1)The Secretary of State may make regulations (in this Chapter referred to as “rail vehicle accessibility regulations”) for securing that it is possible for disabled persons—
(a)to get on to and off regulated rail vehicles in safety and without unreasonable difficulty;
(b)to do so while in wheelchairs;
(c)to travel in such vehicles in safety and reasonable comfort;
(d)to do so while in wheelchairs.
(2)The regulations may, in particular, make provision as to the construction, use and maintenance of regulated rail vehicles including provision as to—
(a)the fitting of equipment to vehicles;
(b)equipment to be carried by vehicles;
(c)the design of equipment to be fitted to, or carried by, vehicles;
(d)the use of equipment fitted to, or carried by, vehicles;
(e)the toilet facilities to be provided in vehicles;
(f)the location and floor area of the wheelchair accommodation to be provided in vehicles;
(g)assistance to be given to disabled persons.
Section 190 Improvements to let dwelling houses
(1)This section applies in relation to a lease of a dwelling house if each of the following applies—
(a)the tenancy is not a protected tenancy, a statutory tenancy or a secure tenancy;
(b)the tenant or another person occupying or intending to occupy the premises is a disabled person;
(c)the disabled person occupies or intends to occupy the premises as that person's only or main home;
(d)the tenant is entitled, with the consent of the landlord, to make improvements to the premises;
(e)the tenant applies to the landlord for consent to make a relevant improvement.
(2)Where the tenant applies in writing for the consent—
(a)if the landlord refuses to give consent, the landlord must give the tenant a written statement of the reason why the consent was withheld;
(b)if the landlord neither gives nor refuses to give consent within a reasonable time, consent must be taken to have been unreasonably withheld.
(3)If the landlord gives consent subject to a condition which is unreasonable, the consent must be taken to have been unreasonably withheld.
(4)If the landlord's consent is unreasonably withheld, it must be taken to have been given.
(5)On any question as to whether—
(a)consent was unreasonably withheld, or
(b)a condition imposed was unreasonable,it is for the landlord to show that it was not.
(6)If the tenant fails to comply with a reasonable condition imposed by the landlord on the making of a relevant improvement, the failure is to be treated as a breach by the tenant of an obligation of the tenancy.
(7)An improvement to premises is a relevant improvement if, having regard to the disabled peron's disability, it is likely to facilitate that person's enjoyment of the premises.
(8)Subsections (2) to (7) apply only in so far as provision of a like nature is not made by the lease.
(9)In this section—
“improvement” means an alteration in or addition to the premises and includes—
(a)an addition to or alteration in the landlord's fittings and fixtures;
(b)an addition or alteration connected with the provision of services to the premises;
(c)the erection of a wireless or television aerial;
(d)carrying out external decoration;
“lease” includes a sub-lease or other tenancy, and “landlord” and “tenant” are to be construed accordingly;
“protected tenancy” has the same meaning as in section 1 of the Rent Act 1977;
“statutory tenancy” is to be construed in accordance with section 2 of that Act;
“secure tenancy” has the same meaning as in section 79 of the Housing Act 1985.
Artículo 49 Los poderes públicos realizarán una política de previsión, tratamiento, rehabilitación e integración de los disminuidos físicos, sensoriales y psíquicos, a los que prestarán la atención especializada que requieran y los ampararán especialmente para el disfrute de los derechos que este Título otorga a todos los ciudadanos.
Section 49 The public authorities shall carry out a policy of preventive care, treatment, rehabilitation and integration of the physically, sensorially and mentally handicapped by giving them the specialized care they require, and affording them special protection for the enjoyment of the rights granted by this Part to all citizens.
Article 52 Disabled persons shall be guaranteed protection and work-training in accordance with the law.Physically or mentally handicapped children and other severely disabled persons have the right to education and training for an active life in society.The education and training referred to in the preceding paragraph shall be financed from public funds.
52. člen Invalidom je v skladu z zakonom zagotovljeno varstvo ter usposabljanje za delo. Otroci z motnjami v telesnem ali duševnem razvoju ter druge huje prizadete osebe imajo pravico do izobraževanja in usposabljanja za dejavno življenje v družbi. Izobraževanje in usposabljanje iz prejšnjega odstavka se financira iz javnih sredstev.
Article 38 (1) Women, minors, and persons with disabilities are entitled to an enhanced protection of their health at work, as well as to special working conditions. (2) Minors and persons with disabilities are entitled to special protection in labor relations as well as to assistance in professional training. (3) Details concerning rights listed in paragraphs 1 and 2 shall be laid down by law.
Čl. 38 (1) Ženy, mladiství a osoby zdravotne postihnuté majú právo na zvýšenú ochranu zdravia pri práci a osobitné pracovné podmienky.(2) Mladiství a osoby zdravotne postihnuté majú právo na osobitnú ochranu v pracovných vzťahoch a na pomoc pri príprave na povolanie.(3) Podrobnosti o právach podľa odsekov 1 a 2 ustanoví zákon.
Articolul 50Persoanele cu handicap se bucura de protectie speciala. Statul asigura realizarea unei politici nationale de egalitate a sanselor, de prevenire si de tratament ale handicapului, în vederea participarii efective a persoanelor cu handicap în viata comunitatii, respectând drepturile si îndatoririle ce revin parintilor si tutorilor.
Article 50Disabled persons shall enjoy special protection. The State shall provide the accomplishment of a national policy of equal opportunities, disability prevention and treatment, so that disabled persons can effectively participate in community life, while observing the rights and duties of their parents or legal guardians.
Artigo 71.º (Cidadãos portadores de deficiência) 1. Os cidadãos portadores de deficiência física ou mental gozam plenamente dos direitos e estão sujeitos aos deveres consignados na Constituição, com ressalva do exercício ou do cumprimento daqueles para os quais se encontrem incapacitados. 2. O Estado obriga-se a realizar uma política nacional de prevenção e de tratamento, reabilitação e integração dos cidadãos portadores de deficiência e de apoio às suas famílias, a desenvolver uma pedagogia que sensibilize a sociedade quanto aos deveres de respeito e solidariedade para com eles e a assumir o encargo da efectiva realização dos seus direitos, sem prejuízo dos direitos e deveres dos pais ou tutores. 3. O Estado apoia as organizações de cidadãos portadores de deficiência. Artigo 59.º (Direitos dos trabalhadores) 2. Incumbe ao Estado assegurar as condições de trabalho, retribuição e repouso a que os trabalhadores têm direito, nomeadamente: c) A especial protecção do trabalho das mulheres durante a gravidez e após o parto, bem como do trabalho dos menores, dos diminuídos e dos que desempenhem actividades particularmente violentas ou em condições insalubres, tóxicas ou perigosas.
Article 71 (Disable citizens) (1) Citizens who have physical or mental disabilities shall enjoy all the rights and be subject to all the duties contained in this Constitution, except to the extent that their disability renders them unfit to exercise or perform them. (2) The State shall implement a national policy for the prevention of disability, and for the treatment, rehabilitation and integration of citizens with disabilities and support for their families, shall educate the community to be aware of its duties of respect for them and solidarity with them, and shall ensure that they enjoy their rights to the full extent subject to the rights and duties of their parents or guardians. (3) The State shall provide assistance to organisations for citizens with disabilities. Article 59 (Workers' rights) (2) It is the duty of the State to guarantee the conditions of work, remuneration and rest to which workers are entitled, in particular by: (c) Special protection at work for women during pregnancy and after childbirth, for minors and disabled person and for those engaged in especially strenuous activity or working in unhealthy, toxic or dangerous conditions.
Article 68(...) 3. Public authorities shall ensure special health care to children, pregnant women, handicapped people and persons of advanced age.(...) Article 69 Public authorities shall provide, in accordance with statute, aid to disabled persons to ensure their subsistence, adaptation to work and social communication.
Art. 68 (...) 3. Władze publiczne są obowiązane do zapewnienia szczególnej opieki zdrowotnej dzieciom, kobietom ciężarnym, osobom niepełnosprawnym i osobom w podeszłym wieku. (...)Art. 69Osobom niepełnosprawnym władze publiczne udzielają, zgodnie z ustawą, pomocy w zabezpieczaniu egzystencji, przysposobieniu do pracy oraz komunikacji społecznej.
Article 17(…) (2) Workers are entitled to reasonable insurance on a contributory basis for their requirements in case of accident, illness, disability, old-age and involuntary unemployment. (3) Disabled persons and persons incapable of work are entitled to education and vocational training.
Article 11.(5) La loi règle quant à ses principes la sécurité sociale, la protection de la santé, les droits des travailleurs, la lutte contre la pauvreté et l’intégration sociale des citoyens atteints d’un handicap.
Article 11.(5) The law regulates as to their principles[:] social security, the protection of health, the rights of workers, [and] the struggle against poverty and social
integration of citizens affected by a handicap.
‘(4) The United Nations Convention on the Rights of Persons with Disabilities, to which the Union and most Member States are party, recognises accessibility as one of its general principles. It requires, in Article 9, States Parties to take appropriate measures to ensure that persons with disabilities have access on an equal basis with others. These measures must include the identification and elimination of obstacles and barriers to accessibility and apply, inter alia, to transportation.‘
‘(1) The Marrakesh Treaty to Facilitate Access to Published Works for Persons Who Are Blind, Visually Impaired, or Otherwise Print Disabled (the ‘Marrakesh Treaty’) was signed on behalf of the Union on 30 April 2014 (3). It requires contracting parties to provide for exceptions or limitations to copyright and related rights for the making and dissemination of copies, in accessible formats, of certain works and other protected subject matter, and for the cross-border exchange of those copies.
(2) The beneficiaries of the Marrakesh Treaty are persons who are blind, persons who have a visual impairment which cannot be improved so as to give them visual function substantially equivalent to that of a person who has no such impairment, persons who have a perceptual or reading disability, including dyslexia or any other learning disability preventing them from reading printed works to substantially the same degree as persons without such disability, and persons who are unable, due to a physical disability, to hold or manipulate a book or to focus or move the eyes to the extent that would be normally acceptable for reading, insofar as, as a result of such impairments or disabilities, those persons are unable to read printed works to substantially the same degree as persons without such impairments or disabilities.
(3) Persons who are blind, visually impaired or otherwise print-disabled continue to face many barriers to accessing books and other printed material which are protected by copyright and related rights. The need to increase the number of works and other protected subject matter in accessible formats available to such persons, and to significantly improve the circulation and dissemination of such works and other protected subject matter has been recognised at international level.‘