National Report: The Legal Assessment of Disabilty Employment Rights in Romania by tofdgenelmerkez

This project is co-funded by the European Union and the Republic of Turkey

Adina Constantin Mihai Busca 2015 T0•K1YE CUMHURIYETJ A\'RUPABiRLlCJBAKANLJCI

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National Report: The Legal Assessment of Disability Employment Rights in Romania

Authors: Adina Constantin Mihai BuscÄ&#x192; 2015

The Report Series of I Can Work! Project* National Report: The Legal Assessment of Disability Employment Rights in Romania Prepared By: S.C. FIATEST S.R.L. Authors: Adina Constantin, Professional Guidance Adviser Mihai Buscă, Legal Adviser Collaborators: Assit. Prof. Aurelian Anghelescu, MD, PhD RDI Assist. Ioana Andone, MD, Postgrad. Prof. Valentin-Titus Grigorean, MD, PhD Oana Ilona David MD, Postgrad. Reviewed, annotated, improved and added up: by Univ. Prof. Gelu Onose, MD, PhD, MSc * I Can Work! Project was funded by Civil Society Dialogue III – Political Criteria grant scheme which was implemented by European Union and The Ministry of European Union of Turkish Republic. The project was coordinated by The Spinal Cord Paralytics Association of Turkey with partnership of Praxis Europe (England), ROSCOS (Romania), Saglik-Sen (Trade Union of Health Sector Workers) İstanbul Branch No:1 (Turkey) between 15th October 2014 and 14th October 2015. The aim of the project is to analyse the current situation of the policies on the employment for persons with disabilities and to increase the capacities of NGOs to contribute to the improvement of political reforms on the employment rights of disabled citizens. “This publication is produced with financial support of the EU and Republic of Turkey. The Spinal Cord Paralytics Association of Turkey is responsible from the content of this document and can in no way be interpreted as the opinion of the EU and/or Republic of Turkey.” October 2015 © 2015, The Spinal Cord Paralytics Association of Turkey Address: Ataköy 7-8. Kısım, Mimar Sinan Villaları Karşısı, Rekreasyon Alanı, 34750 Bakırköy / İstanbul - Turkey Telephone: +90 212 661 1 661 www.tofd.org.tr contact@tofd.org.tr Design: Fulya Hocaoğlu Paging Up: Bahadır Çınar

“I CAN WORK!” PROJECT As The Spinal Cord Paralytics Association of Turkey, we implemented the “I Can Work!” Project which received grant under the Civil Society Dialogue Grant Scheme Program in partnership with Saglik-Sen (Trade Union of Health Sector Workers) İstanbul Branch No:1 (Turkey), Romanian Spinal Cord Society (ROSCOS) and Praxis Europe (UK) starting in October 2014 for one year. We intended to investigate through our project the work done in Turkey and other European Union member countries at the policy level in terms of the employment of the disabled. Therefore, we organized study visits to Romania and the UK. During these study visits, we not only found the chance to learn the policies of these countries on the subject, but also visited the institutions carrying out work in different fields and observed the reflections of these policies on everyday life. At the end of the project, we learned the system philosophies of the EU countries and we developed policy proposals in order to contribute to the current policy of Turkey during workshops in our seminar where we evaluated the policies regarding the employment of the disabled and where the public and the civil society came together. One of the most important pillars of this project was the academic reports prepared during the project. It makes us very excited that these reports are going to cover a serious deficiency in the field. I hope our national reports that examine the Turkish, the United Kingdom and Romanian systems in-depth and also our comparative report comparing Turkey with the European Union countries will shed light on everybody who wants to work on these issues. We sincerely hope that our dialogue that we developed in this field with our partners will continue in our future work as well.

Burak Keskin - Project Coordinator www.icanworkproject.com

CIVIL SOCIETY DIALOGUE FULL SUPPORT FROM THE EUROPEAN UNION AND TURKEY TO INTERNATIONAL DIALOGUE It is an indispensable part of the membership process for the societies in Turkey and European Union member countries to know each other better, to exchange information and come together in terms of their social values, judgments and lives. At this point, both the European Union and Turkey support the projects constituting the grounds for such convergence within different programs. This Civil Society Dialogue Program carried out by the Ministry of European Union since 2008 continuing its third period is one of these initiatives. The non-governmental organizations from Europe and Turkey develop joint projects on the determined subjects for each period under the program. Many studies have been carried out in Europe and Turkey under these projects which constitute an important place in starting a strong dialogue between societies. In the new term starting in October 2014, 55 projects developed by the non-governmental organizations and media institutions active in a European Union member countries or Turkey are being supported with grants. 39 projects out of the 55 projects are the ones designed under the main subjects of fight against discrimination, human rights, democracy and the rule of law which are on the agenda of Turkey and European Union. There are 16 projects implemented on media which is another pillar of the program. These projects aim at informing the public on the European Union Turkish relations, enlightening about the steps taken in the membership process and the obtained results and strengthening the mutual understanding between the European Union and Turkish society.

www.civilsocietydialogue.org

PREFACE

The Spinal Cord Paralytics Association of Turkey (TOFD) has played an important role in increasing the quality of its services and developing of the visions of its team, and employees and executives of different non-governmental organizations, institutions and enterprises; and has contributed diligently to the creation of national and international projects performed in cooperation with the central government, local governments, universities, and NGOs(Nongovernmental Organizations); and has successfully completed all of these projects. Significant studies were carried out on the applicability of many of the reported examples to our country in the study visits held abroad within the scope of the projects. We also guided the transfer of some information on the improvement of the knowledge, conduct and quality of life of people with disabilities which are developed, yet still absent in our project partner countries. It is a fact that the right to work is one of the key elements for each individual. In the research we performed 15-20 years ago, the employment rate was observed to be very low even for the disabled individuals working in the public sector. We identified how important it is for the disabled to join production life based on the work analysis, capacity, conditions, and problems of the disabled in the work life; and paved the way for the disabled to take up a respected position in the society by pioneering the removal of the barriers in front of them. All the projects have shown how important the public-civil society dialogue is. In our "I Can Work!" Project, the previous experiences and researches of our foreign partners ROSCOS and Praxis Europe have led us to cooperation with them. Joining the Sağlık-Sen (Health Union) Istanbul Branch No 1 which carries out the related studies on the disabled employment to the project as a partner, we have completed our joint study in the international arena with success and maximum benefits. Our country and comparative reports generated for the project have been prepared by experienced professionals/ academics in the field determined by us. I believe that all institutions and organizations which are working on the issue from different perspectives such

as project partner institutions and organizations, related ministries, bar associations, universities, local governments, trade unions, business and civil society can benefit from the project result reports in the most efficient manner. I offer my gratitude to the Ministry of the EU supporting us in every phase of the project; and I wish the dialogue we have established between the Public and NGOs continues after this point. Ramazan BAĹ&#x17E; - The President of TOFD

CONTENTS

CONCEPT OF DISABLED PEOPLE AND DISABLED EMPLOYEE 1.1. Disability subject matter approach: general-concept items and specific casuistry; statistical data………………………………………………………………………09 1.2. Disabled employees – the policies for employees with disabilities; statistical data…………………………………………………………………………………29

II.

CONSTITUTIONAL PROVISIONS AND INTERNATIONAL CONVENTIONS ABOUT DISABILITY AND DISABLED PEOPLE’S WORKING RIGHTS 2.1. Constitutional provisions regarding the right to work for disabled people………...45 2.2. Approved international contracts concerning disabled people……………………..46

III.

LEGAL REGULATIONS CONCERNING DISABILITY AND RIGHT TO WORK OF DISABLED PEOPLE 3.1. General legal regulations regarding disabled people………………………………67 3.2. Adjustments/ facilities for disabled employees at the working place……………...75 3.3. Adjustments/ facilities for disabled public officials………………………………..77

IV.

VIOLATION OF RIGHTS TO WORK OF DISABLED PEOPLE 4.1. Violations of the related legislation………………………………………………...79 4.2. Violations of the related attitude/ behaviour……………………………………….83

GENERAL ASSESSEMENT, RECOMMENDATIONS………………………………….88

CONCEPT OF DISABLED PEOPLE AND DISABLED EMPLOYEE

1.1. Disability subject matter approach: general-concept items and specific casuistry; statistical data In Romania, about 700.736 people – that is 3,71% of the inhabitants – are recorded1 as beneficiaries of the special social protection system, i.e. of the national policies for assuring “equal opportunities, handicap prevention and treatment, in order (to facilitate) the effective participation of the disabled people in the community life, observing the rights and duties of parents and tutors” (according to the art. 50 within the Constitution of Romania, republished in 2003)2. As stipulated in the above mentioned document, the provisions regarding the citizens’ rights and freedoms “shall be interpreted and applied in conformity with the Universal Declaration of Human Rights, the pacts and other treaties to which Romania has adhered” [art. 20, paragraph (1)], and when “...there are discordances among the pacts and the treaties regarding the fundamental rights of citizens, to which Romania has adhered and the internal legislation, the international regulations shall have priority, excepting the case when the Constitution or the internal legislation have more favourable provisions” [(art. 20, paragraph (2)]. In this context, following the provisions of the revised European Social Charter, Romania has approved and implemented by Government Decision (GD) No. 1175/2005 <<The National Strategy for the protection, integration and social inclusion of the handicapped persons for 2006 – 2013 “Equal opportunities for people with handicap - towards a society without discrimination”>>3 (<<The National Strategy 2006 – 2013>>), a planning framework of social policies and programs in favour of the disabled people. <<The National Strategy concerning social inclusion of people with disabilities 2014 – 2020 Social policies - from „rehabilitation„ of the individual to society reform>>4 (<<The National Strategy 2014 – 2020>>), is to be adopted, in final form, by the Government. 1

www.mmuncii.ro/j33/index.php/ro/2014-domenii/protecție-socială www.cdep.ro/pls/dic/site.page?id=339 3 http://www.mmuncii.ro/pub/imagemanager/images/file/Legislatie/HOTARARI-DE-GUVERN/HG11752005.pdf 4 http://www.mmuncii.ro/j33/images/Documente/protectie_sociala/DPPD/2014-01-31_Strategie_DPPD-20142020.pdf 2

According to the legislation in effect, the people entitled to special social protection are “... those persons who live in an inadequate environment for their physical, sensorial, psychic, mental and/or associated disabilities which partially or totally hinder their equal opportunities of access to the community life, therefore needing protection measures for their social integration and inclusion… disabled children and adults, Romanian citizens, citizens of other states or stateless, during their stay or residency in Romania” [art.2, paragraph (1) and (2) Law no. 448/2006 on the protection and the promotion of handicapped persons’ rights, republished, with subsequent modifications and revisions – hereinafter Law no. 448].5 There are several preliminary clarifications needed regarding the target group, as follows. In recent years there has been a trend to substitute the term of “handicapped person” with the term of “disabled person”. Disability is a neologism taken forced from the English literature, which is translated into Romanian by “incapacitate” (incapacité in French). “Disability”/ “incapacity” means lack or reduction of capacity (ability). In a broader view, incapacity/disability is proper for any human being, as long as nobody enjoys a maximal functionality at all levels. But, when a person with some functional limitations (incapacities/disabilities) experiences, in relation to the environment, major difficulties in playing his/her social role, similar to the other members of the community – this is a significant disadvantage, i.e. a handicap. The handicap, usually but not mandatory, encompasses the presence of one or several disabilities, while disability does not necessarily lead to the appearance of a handicap. Practically a handicap refers to the impairment of one or several human functions – of orientation, physical autonomy, mobility, social and professional integration, economic autonomy – with negative repercussions on an, in such a situation, person’s possibilities, to adequately interact/ action in relation to the environment, respectively to participate, with equal chances in the society/ community, and thus to fulfil his/her strivings, dwelling in accordance with a (quasi)equivalent to the individuals without problems, quality of life. As a conclusion, the terms of “handicap” and “disability” do not integrally define the same reality. The Romanian legislation on social protection is not unitary in the option for one or the other of the above-mentioned concepts. 5

www.legisplus.ro

While <<The National Strategy 2006 – 2013>>3, the Law no. 292/20115 on social assistance and the Law no. 272/20045 for child’s protection have in view disability and the disabled people, other normative regulations, such as the Law no. 4485 on protection and promotion of handicapped person, the framework law of special social protection includes references to handicap and handicapped person. Recently, people involved in the special social protection have manifested a preference to use an alternative terminology for the word “handicap”. Namely “disability”/ “disabilities”, “special requirements”, “special needs” and others. This preference is justified by the less stigmatizing connotation of the latter terms including at international level, modern public policies tending to broaden the issue of disabilities, in conformity with the principle of “society for all”.1 At present, the terms of „disability” and „disabled person” or „person with special needs”, are mainly used, except for the name of some laws’ titles or the quoting of legal provisions which include the word “handicap” (e.g.: “framing into a handicap degree”, “Assessment Commission for handicapped adults”6, and others). A terminology clarification and unification approach, at national level, has become a prior necessity, together with the consequent alteration of the related legislation. The definitions of invalidity/ disability and handicap are important for the following reasons: need to understand the social reactions triggered at the level of individuals, social groups and policies, including in order to identify and classify the disadvantaged groups. According to the traditional understanding, the area of the notion of “handicapped person” included those people with sensorial, motor or intellectual deficiencies, who permanently or for a long time are deprived of possibilities to act similarly in comparison with the population described as “normal”. The image of a handicapped person tends to be sometimes restrictively dominated by aspects connected with the idea of helplessness. “The general incapacity of the patient is mainly a result of the combination between the neural-/ psychic-/ cognitive and/or sensorial deficiencies (when the brain-spinal cord axis and/or the peripheral nervous system is affected), respectively with the merely somatic deficiencies (alterations of internal organs, soft tissues, osteo-myo-articular system)”.7 6

The Assessment Commission is a specialized body of the County Council or, in case, of the local sector council of Bucharest, which makes decisions regarding the type and the degree of disability for adult disabled people. 7 “Actual data related to spasticity and its complex treatment” – Editor: A. Anghelescu; Authors: A. Anghelescu, C.F. Ion, A.S. Mihăescu, A. Mirea, A. Nechita, L.Pădure; pp.:387-415 – Chapter 11, in: Compendium of neuro -

“The ICF-DH classification includes several standard rules, meant to equalize the opportunities for the disabled people. The focus has moved from the medical aspects to the social ones, from the notion of incapacity-disability to the notion of activity, based on functionality aspects (with the antonym of - limited activity) and, respectively, from the notion of handicap to that of participation, with a focus on the daily routine (with the antonym of restricted participation, respectively)”.7 “The ICF-DH standardized classification developed by the World Health Organization (WHO) is at the same time a comprehensive structural framework for the optimization of data collection and management, which allows the unification and the standardization of the scientific language referring to the state of functionality, disability and work incapacity, the state of health (or disease), referring to people of all categories and/or pathologic conditions, being an universal tool, with trans-cultural application. As mentioned above, ICF-DH approaches all pathological categories in an antagonistically „functional” tandem: both the “non-problematic” aspect (the functional, physiological level) and, respectively, the “problematic” aspect (limited/ restricted functionality), on three essential levels of human existence:  the “Body” level (B - body) refers to the functionality aspects (morph-functional integrity) vs. the impairment/ deficitary aspects (any lack/ loss of/ anomaly of an anatomic, physiologic and/or psychic function or structure);  the “Activity” level (A - activity) implies the complete performance of a functional action or duty, fulfilled by a person, vs. the antagonic limited (dysfunctional) activity (the old term: incapacity), mainly if this takes place in the close/ surrounding living environment (home);  the “Participation” level (P - participation) refers to the involvement aspects – social, cultural, economic functioning of interpersonal relations: family reintegration, involvement in daily activities, community, school/ education, social, professional, economic, vocational and confessional involvement. Two antagonic dimensions are described: the “non-problematic” one – participation, and the restricted participation, respectively. In a specific historic, cultural, social, economic context, discrimination, stigmatisation, exclusion are considered restrictive aspects. rehabilitation - in adults, children and seniors – G. Onose și L. Pădure (main authors and coordinating editors), Universitary Publishin House “Carol Davila”, Bucharest, 2008)

Consequently, Fig. 1 presents a balanced analysis of ability vs. performance, for any particular situation. Health Condition vs. Pathology

Body morpho-functional integrity vs. structural anomalies, physio pathological and psychic deficiencies (in a particular subject, condition, situation)

Activity vs. Limitation (at individual level)

Contextual Environmental Factors (ambient) barriers vs. facilitating factors

PARTICIPATION vs. Restriction (at social level)

Contextual Personal Factors

Fig. 1 Approach of health state issues, based on the WHO classification of ICFâ&#x20AC;&#x201C;DH disease consequences (2008)7

As the progress recorded by the neural regenerative techniques has been disappointing, the ICF-DH approach enables the development of realistic therapeutic objectives, which mainly address the activity and the participation levels, rather than the neurogenic disfunctions; it is focused on the optimisation of the functional remaining and on the implementation of new functional skills/ acquisitions, adapted to the severe disabling conditions.â&#x20AC;?7

”ICF-DH creates a new concept model regarding disability and an important clinical tool of informational assessment for the description of disability, taking into account the individual and the environmental aspects which can facilitate the participation and limit the deficiency”.7 Health Condition vs. Pathology

Body

Contextual Environmental Factors: Physical ambient (home, working place…) Human entourage (attitude & interpersonal relationship with family, friends, superiors, colleagues …) Social frame: Adapted transport (accessibility, proximity to school, working place, family doctor, center of rehabilitation…) Accessibility to medical services, leisure Legislative, economic-financial frames (social insurances ) Natural ambient conditions

Activity

Participation

Contextual Personal Factors: Age, gender Co-morbidities Awareness of the potential for rehabilitation Realistic (therapeutic) objectives Priorities, motivation Compliance, Self-esteem; Depression Preoccupation / concern (prognosis, protection…)

Fig. 2 The influence of environmental and individual aspects on health state, from the perspective of the ICF-DH classification (2008)7

Robert Drake considers that the term of “handicap” is used to designate the social disadvantage resulting from disability. He refers to the model of personal drama, to the fact that the medical understanding of disability is not only based on religious beliefs, but also on

the scientific background from which medicine has arisen and expanded, mainly from the genetics area.8 Castelein considers the handicap a disruption of the daily routine, taking into account the age, gender the social and cultural identity, which has appeared not only as a result of a deficiency or incapacity, but also as a result of the environmental obstacles.9 Robert Barker was defining in “The social work dictionary”9 the term of disability as describing a person who is not able to fulfil some functions or requirements because of a specific physical or mental state which is temporary or permanent, partial or total. “From the perspective of ICF-DH, disability is no longer considered as a strictly individual issue, but as a multitude of inter-relational, informational, and educational, of attitude, respectively economic, issues, of the social environment, which is not prepared enough to include and provide equal opportunities for people with special needs. Morpho-functional deficiencies and disability influence a person`s capacity to fulfil a role which, prior to his illness used to be normal for him/ her. The handicap can bring about devastating changes at all (biological, psychological, social, familial, professional and economic) levels in the future life of patients with sequelae.”7 “A major role is played by the strategies and the factors which can anticipate the modality of adaptation to the conditions of the new biological, psychological, socio-familial, professional and economic, status, the modality of perception and involvement into the event. The overstrain suffered by the family, especially by the life partner, the appearance of psychic disorders in the healthy partner (from neurosis, reactive depression, to severe decompensations, even tendency to autolysis) represent dysfunctional elements for reintegration, respectively which limit participation”.10 A defining element of the quality of life is the (self-)perception of a person regarding his/her role and status in the social and cultural context and values systems in which he/she lives, according to his/her aims, standards and objects. Paradoxically, but the familial, educational, professional reintegration, the social functionality, the intensity and the complexity of the active participation at social, economic levels, the interpersonal relations, the influence of cultural factors highly contribute to the self-assessed 8

Robert F. Drake, Understanding Disability Policies, Palgrave MacMillan, 1999 Bucharest University – Sociology and Social Assistance Faculty, Dissertation paper, Inclusion Policies on Social Reintegration of Persons with Disabilities, Bucharest, 2009 10 Anghelescu A., Onose G., Ciurea A.V. – Romanian Contributions to the developement of the international project “ICF Core Sets - for Spinal Cord Injury”. Neurosurgery, XIV(1):23-29, 2007 9

quality of life level (QoL), taking into account the limitative deficiency aspects11. Measuring of the QoL level as objective of the therapeutic endeavour and of the functional prognostics12 is often recommended by clinical trials (even it is often considered as a monitoring tool of secondary importance). Each individual case should be thoroughly analysed from medical, social, administrative and economic point of view, being made short, medium and long term decisions regarding the intervention planning, resource allocation, human and material resource management, aspects regarding primary prophylaxy, in tight correlation with the decision factors: at political, legislative, economic and social, levels.

Health Condition vs. Pathology

Body morphofunctional integrity

Activity

PARTICIPATION FAMILY REINTEGRATION:  daily activities, responsibilities  recreation/ leisure (sport, even in competition conditions)

Repercussion on the quality of life QoL

COMMUNITY REINTEGRATION  education  vocational reintegration: socio-professional & economic reinsertion  confessional  political participation

Fig. 3 Limited activity and restricted participation are the major factors which deteriorates the quality of life (QoL) level (2008)7 11

Cruice M., Worrall L., Hickson L. şi col. - Measuring quality of life: Comparing family members' and friends' ratings with those of their aphasic partners, Aphasiology, 19, 2, 111-129, 2005 12 McCormick -Operationalizing Community Integration via the ICF Advancing a research agenda for ICF,10th North American Collaborating Center Conference on ICF, 2004

The handicapped person belongs to one of the most fragile categories which need social support. The approach and the interpretation of the complexity of the handicap phenomenon have mainly in view two models: the individual (including medical) and the social one. The “individual” model has deep roots in the general mentality and in the professional conscience of specialists. According to this model, the problems which the invalid people have to confront are the direct consequences of their deficiencies, so the major task of the specialists is to adapt the disabled person to the conditions of a certain deficiency, both from physical/ medical (through rehabilitation programs) and psychic (programs which help the disabled person to face the limitations) points of view13. When a handicap appears, alterations of the body and of the psychic system happen. Adaptation is considered an individual issue, while the familial and social contexts are neglected. The individualist theories on which this model is based appeal to the “psychological imagination” (like: what would happen if they became invalid people). The individualist model appears as a model of the individual pathology.9 According to the individualist model the issues faced by the handicapped persons are consequences of their disabilities. In most cases, handicapped persons browse four stages:  shock - immediate reaction;  denial - refuse to accept that complete recovery is not possible;  anger - projected on the surrounding valid/ active people;  depression - as a response to the difficult situation and without clear perspectives for being solved they are confronted with. Many disabilities are the consequence of the social conditions. Social work with disabled people is not easy; it is based on the match of the resources to the needs. A new paradigm referring to handicap has appeared in the recent years, the “social model”, which shifts the accent from the physical limitations of some people to the constraints imposed by the surrounding and social environment to some categories of persons. Thus, adaptation, which used to be the main objective of the individual model, now becomes an issue of the community, as being responsible for unrealistic expectations from people with physical and/or

Zamfir, E., Anti-Poverty Strategy and Community Development, Expert Publishing House, 2000

psychic disabilities. Therefore, even various forms of physical incapacities appear as types of social oppression. The model used has a direct impact on the social policies. Together with the prevalence of capitalism, the separation of production from consumption increases, and the principles of standardisation, specialisation, concentration and maximisation become dominant; they can be identified at the level of the services offered for the handicapped persons. Because these people used to be seen as different, with a limited potential in comparison with “normal” persons, the need of “special” facilities meant to lessen the related disadvantages. It seemed that the most appropriate answer to the issues of the handicapped persons was “the institution”. Later on, the negative effects of the institutionalisation have determined in favour of decentralisation 9. Other approaches of the handicap issues take in consideration three aspects: 1. The medical aspect From this point of view, the disability refers to the deficit measured by clinical and paraclinical methods and means, and it can be a sensorial, mental, motor, behavioural or speech deficiency. Disability refers to any loss, anomaly, disorder of an anatomic, physiologic or psychologic structure or function. It leads to the disturbance of organ functions, targeting deficiencies of limbs and/ or other body structures, deficits of the brain functions. Consequently, this concept is operational and relevant for the „body” system14. The term includes other items of smaller significance and scope, such as: deficit, faultiness, infirmity, invalidity, disorder.15 2. The functional aspect From this point of view, the inability represents a loss, a total or partial diminishment of physic, psychic, sensorial capacities as a consequence of a deficiency, which hinders the person to fulfil a normal activity. Inability leads to changes to adaptation, disturbances of individual performance, of personal, professional or social autonomy, and lowers overall quality of life.

14 15

Zamfir, C., Zamfir, E., Social Policies. Romania in European Context, Alternative Printing House, 1995 Neamțu, G., Social Assistance Handbook, Polirom Publishing House, 2000

3. The social aspect It summarises the consequences of the deficiency and the inability, with variable manifestations according to the severity of the disability, as well as with the environment exigencies. The handicap (result of a deficiency or incapacity) is seen as a social disadvantage which limits or hinders a person to fulfil his/her role in a social and cultural context, depending on his/her age, sex, or occupation. In other words, it is a function of the relation between the disabled people and their environment, which stands out when these people face difficulties of various kinds:  general difficulties (movement, speech, adaptation, activities of daily routine);  professional difficulties (training and preparation for work, placement at the workplace);  psychological, familial and social difficulties. Consequently, deficiency can entail disability, which, in its turn entails a handicap and the handicapped person suffers the social environment penalties which may assimilate, tolerate or reject him. Statistical data, evolutions in the field of disabled people’s protection On December 31st 2014, the total number of disabled people communicated by the Direction for the Protection of Disabled People (DPDP) within the Ministry of Labour, Family, Social Assistance and Elderly (MLFSAE), by the general county directions for social assistance and child protection and by the local directions of the municipal sectors of Bucharest was 737.885 people (representing 3,47% of the Romanian population). Out of these, 97,7% (720.683 people) are in their family`s care and/or live independently (not in institutions) and 2,3 % (17.202 people) are in the residential public institutions of social assistance for disabled (institutionalized) adult people, coordinated by the MLFSAE by DPDP.

Graphic 1. The number of person with disabilities at December 31st 2014 Source: Ministry of Labour, Family, Social Assistance and Elderly (www.mmuncii.ro)

TOTAL NUMBER 737.885

NOT IN INSTITUTIONS 720.683

IN INSTITUTIONS 17.202

Graphic 2. The evolution of persons with disabilities, during December 2006 - December 2014 Source: Ministry of Labour, Family, Social Assistance and Elderly (www.mmuncii.ro) 800.000 700.000

600.000 500.000 400.000

300.000 200.000 100.000 30.12.2014

30.06.2014

31.12.2013

30.06.2013

31.12.2012

30.06.2012

31.12.2011

30.06.2011

31.12.2010

30.06.2010

31.12.2009

30.06.2009

31.12.2008

30.06.2008

31.12.2007

31.12.2006

The regional-geographic distribution of the 737.885 people with disabilities (at December the 31st 2014), is summarized in Graphic No.3 20

Graphic 3. The percentage distribution of persons with disabilities16 figured on development regions, at December 31st 2014 (%) Source: Ministry of Labour, Family, Social Assistance and Elderly (www.mmuncii.ro)

North East 3,01

South East 3,27

South 3,86

South West 3,85

Bucharest lifov 3,08 Center 3,33

North West 3,86

West 3,68

Compared to the mean rate of 3,47% disabled people (per 100 inhabitants), calculated for the total population of Romania, the North-West, South-Muntenia and South-West Oltenia regions record the highest rates (Graphic 3).

Calculated using the county's population according to the press release of the National Statistics Institute on March 9, 2014, related to Romania's population at 1 January 2014, respectively 21,258,833 people (www.iness.ro POP 101A)

Graphic 4. The number of persons with disabilities by development regions, on the 31st of December 2014 Source: Ministry of Labour, Family, Social Assistance and Elderly (www.mmuncii.ro)

123,441 112,026

104,298 90,342

84,378

83,708 70,027

South

North East

North West

South East

South West

Center Bucharest lifov

69,665

West

At the level of counties/ municipalities, the highest number of disabled people is recorded in the Bucharest town/ municipality (60.409 people), followed by Prahova county (36.751 people), and the lowest number is recorded in the Covasna county (5.263 people) (Graphic 5).

Graphic 5. The number of persons with disabilities segregated in/ by counties, on December 31st 2014 Source: Ministry of Labour, Family, Social Assistance and Elderly (www.mmuncii.ro) ALBA ARAD ARGEŞ BACAU BIHOR BISTRITA BOTOŞANI BRAŞOV BRAILA BUCURESTI BUZAU CARAŞ CALARAŞI CLUJ CONSTANTA COVASNA DAMBOVITA DOLJ GALATI GIURGIU GORJ HARGHITA HUNEDOARA IALOMITA IAŞI ILFOV MARAMUREŞ MEHEDINTI MUREŞ NEAMT OLT PRAHOVA SATU-MARE SALAJ SIBIU SUCEAVA TELEORMAN TIMIŞ TULCEA VASLUI VALCEA VRANCEA

17.431 14.125 29.628 18.428 20.510 14.787 12.863 16.355 11.259 60.409 16.630 11.551 11.585 24.918 20.026 5.263 15.921 15.555 12.986 9.857 11.639 8.904 19.934 8.780 27.529 9.618 17.593 16.277 18.870 17.640 17.640 36.751 12.144 14.346 16.885 20.952 10.919 24.055 10.293 14.614 23.267 19.079 -

10.000 20.000 30.000 40.000 50.000 60.000 70.000

According to the art. 86 paragraph (2) of Law no. 448 the handicap types are: physical, visual, auditory, deaf-blindness, somatic, mental, psychical, HIV/AIDS, associated, rare diseases.5 Graphic 6. The number of persons with disabilities assigned by the type of handicap, on December 31st 2014 Source: Ministry of Labour, Family, Social Assistance and Elderly (www.mmuncii.ro) 159.013 135.234 102.951

108.287 78.350

Children

46 99

Deaf blindness

3.023

Rare diseases

32.940 993 14.943 192 6.444

HIV/AIDS

10.402

Associated

Mental

2.976

Visual

1.632

11.378

Psychological

21.769

Auditory

12.137

Somatic

5.076

Physical

180.000 160.000 140.000 120.000 100.000 80.000 60.000 40.000 20.000 -

Adult

Graphic 7. The number of persons with disabilities distributed on age and sex groups, on December 31st 2014 Source: Ministry of Labour, Family, Social Assistance and Elderly (www.mmuncii.ro) 0-4 years 5-9 years 10-14 years 15-17 years 18-19 years 20-24 years 25-29 years 30-34 years 35-39 years 40-44 years 45-49 years 50-54 years 55-59 years 60-64 years 65-69 years 70-74 years 75-79 years 80-84 years 85- + years

Female

2.000 4.000 6.000 8.000 10.000 12.000 14.000 16.000 18.000 20.000 22.000 24.000 26.000 28.000 30.000 32.000 34.000 36.000 38.000 40.000 42.000 44.000 46.000

Male

Women represent 53,34% of the total number of disabled people. The number of people aged over 50 represents 67,71% of the total number of the adult disabled persons. The results of the centralised data on age groups show that there are 60,96% people aged between 18-64 (413.399 persons) and 39,04% above 65 years (264.711 persons), of the total number of disabled people.

Graphic 8. The share of persons with disabilities, by age groups, on December 31st 2014 Source: Ministry of Labour, Family, Social Assistance and Elderly (www.mmuncii.ro)

5-9 Years; 2,48% 85- + Years; 4,13%

0-4 Years; 1,70%

10-14 Years; 2,52%

15-17 Years; 1,54% 18-19 Years; 0,98%

80-84 Years; 6,12%

20-24 Years; 2,70% 75-79 Years; 8,50%

25-29 Years; 4,58%

30 34 Years; 4,35% 70-74 Years; 8,05%

35-39 Years; 5,43%

40-44 Years; 5,62% 65-69 Years; 9,09% 45-49 Years; 6,15% 60-64 Years; 10,67% 50-54 Years; 5,88% 55-59 Years; 9,80%

According to art. 86 paragraph (1) of Law No. 448, the degrees of handicap are: mild, medium, accentuated/ marked and severe.5 The percentage of people classified as severe degree of handicap represents 35,26% of the total number (in comparison with 34,01% on the 31st of December 2013). The percentage of people with accentuated/ marked degree of handicap is 52,97% (in comparison with 53,80% at the 31st December 2013). The percentage of people with medium and mild degree of handicap is 11,77% (in comparison with 12,19%, at the 31st December 2013). (Graphic 9).

Graphic 9. The number of persons with disabilities, distributed by types and degrees of handicap, at December 31st 2014 Source: Ministry of Labour, Family, Social Assistance and Elderly (www.mmuncii.ro)

100.000 90.000 80.000 70.000 60.000 50.000

Severe

40.000

Marked

30.000

Medium

20.000

Mild

10.000 -

There were 408 public institutions of social assistance for adult disabled people, registered at December 31st 2014 (in comparison with 392 on December 31st 2013), out of which: 352 residential (in comparison with 335 on December 31st 2013) and 56 non-residential, daily-care institutions (in comparison with 57, on December 31st 2013). One third of the residential institutions are care and assistance centres, with 6.270 beneficiaries, i.e. 36,45% out of the total number of 17.202 people, placed in the residential institutions.

Graphic 10. Residential and non-residential public institutions of social assistance, for adult persons with disabilities, coordinated by the Ministry of Labour, Family, Social Assistance and Elderly through the Department for Disabled Peopleâ&#x20AC;&#x2122;s Protection, at December 31st 2014 (represented by type, number and percent) Source: Ministry of Labour, Family, Social Assistance and Elderly (www.mmuncii.ro)

Service Centers Ambulotary Mobile Unit, 1 Neurological 0,25% Recovery, 28 6,86% Home Services, 2 0,49% Psychosocial Counseling / Career Guidance / Prevention Against Poverty and Exclusion of Disabled People, 4 0,98%

Occupational Day Center, 19 4,60% Center, 2 0,49%

Crisis Center, 4 0,98% Respiratory Center, 3 0,74% Center for Independent Living, 3 0,74%

Fair House, 93 22,80%

Health Care Centers,110 26,97% Centers for Integration by Occupational Therapy,17 4,17% Recovery and Rehabilitation Pilot Centers for Disabled People, 3 0,74%

Recovery and Rehabilitation Neuropsychriatic Center, 60 14,72%

Recovery and Rehabilitation Center for Disabled People, 59 14,47%

There is a significant number of beneficiaries within the existing 60 centres for neuro psychiatric recovery/ rehabilitation, respectively 5.701 people.1

1.2. Disabled employees – the policies for employees with disabilities; statistical data

It is an obvious fact that now, much more than ever in the history, human being is perceived as an absolute value by the democratic societies. The individual`s “welfare” with the meaning of “good quality of life” has become a social goal. Consequently, the large diversity of human requirements and preferences have converted, or are about to convert into inalienable rights. Policies no longer try to uniform/ standardize the individuals’ abilities and behaviour, pushing them to limits, but they try to adjust the social response in order to comply with the large diversity of requirements. Consequently, any modern “design” of the future in the disability domain is focused on society reformation and includes all social areas, processes and activities which have an impact on each person’s quality of life of and on the general progress of the community. Romania has adhered to this vision and endeavour as well. In 2005 the Romanian Government developed <<The National Strategy 2006 – 2013>>3, which had as goal to achieve a national policy for the protection and the promotion of the handicapped people’s rights, by three main general objectives: 1. to promote the social integration of people with disabilities, as active citizens, able to control their own lives; 2. to provide support for families with handicapped people in care; 3. to increase the employment rate of the handicapped persons.1 Several institutions and national authorities were appointed/ set up in order to achieve the objectives established by <<The National Strategy 2006 – 2013>>3, such us: MLFSPE, The National Authority for the Protection of Child’s Rights - NAPCR; the National Agency for Employment - NAE, and others. Overall, the state support through public funding (non-reimbursable) grants, focused on projects dedicated to people with disabilities, had beneficial effects, as they have mainly contributed to the development of social services supporting social inclusion, integration and employment of the handicapped persons, but they have not been not based on a preliminary appropriate assessment of the priority needs. In this respect, it is to be mentioned that during 2006 – 2010 the financial resources provided by <<The National Strategy 2006 – 2013>>3 were mainly used for projects regarding the

promotion of the social integration of the active handicapped people who could control their own lives and for the support of families which took care of handicapped persons, while the programs meant to increase the employment of the handicapped people were ignored. <<The National Strategy 2006 – 2013>>3 had taken into account to improve the support services for the handicapped people’s employment, as well as their support at the workplace: a. to promote an open environment, which is inclusive and accessible for the handicapped persons; b. to promote the acknowledgement of the handicapped people’s capacities, skills, as well as their contribution at the workplace and on the labor market, and implicitly, to fight against related prejudices; c. to create conditions to increase the disabled people’s opportunities for employment and career promotion on the open labor market, especially in the public sector; d. to diversify and support social services, of counselling for both, the handicapped people and their families, as well as of informative kind for employers; e. to insert new occupations within the Classification of Occupations in Romania, prone to facilitate the professional integration;17 f. to design and implement a monitoring system regarding the employment, professional training, career promotion, and working conditions of handicapped people; g. to set up and to permanently update a database at county/ local level, in order to facilitate the employment offer for such people; h. to develop collaboration with the mass media, in order to increase the community awareness regarding the handicapped people’s potential, their skills and contribution to the labor market; i. to design and to implement programs and projects in partnership with public or private entities, religious institutions – recognised by law – in order to increase the employment rate; j. to run awareness campaigns for employers, regarding the disabled people’s skills.3

People with hearing problems - wood and wood chipboard carpenter, maid, manual packer, baker, tailor, cleaning agent, masseur, dental technician or cook assistant, people with visual impairment - manual packer, archivist assistant, people with somatic problems - vendor or call center operator, and those with mental disabilities - cleaning agent, laborer

In principle there are no restrictions – and should not be – regarding the types of workplaces accessible for the disabled people, for instance persons with locomotor or – some – (neuro-) locomotor, disabilities are suited for various workplaces which involve work in front of a table/ desk/ workbench etc., without movement to other locations. Examples: telephone/ call center operators, sales by phone operators, help desk operators/ information clerks, public relation officers, computer operators, as well as all types of jobs in the area of computers/ IT occupations. At present in Romania there are many advertising companies, polling institutes, etc which run surveys in the street or at homes. In order to be processed, these data must be input into the computer. In many cases this work is done by people with physical disabilities. There are many work areas which seem inaccessible for the disabled people, at first sight, but after a more attentive analysis, one can discover workplaces which suit the functional limitations of the disabled persons. For example, in a publishing/ printing house the disabled people can perform the following activities: transfer of the text from a manuscript into the computer, translate, correct, edit by computer. In a digital printing house the disabled people (depending on their disabilities) can operate the printing devices very well. Many modern magazines are nowadays delivered with various promotional objects in the package. The packing activity of these gifts together with the magazines can be made by disabled people. A new area which has recently appeared on the labour market – and which can be easily accessed by the disabled people – is the distribution of promotional materials (magazines, advertisements, etc.). All large companies, even in the area of constructions, heavy or light industry, transports or trade, have workplaces which can be easily adjusted for people with various disabilities: goods/ services receptionist, supplier, copier operator, accountant, telephone operator, secretary, cashier/ shop assistant. Moreover, pending on their education/ professional skills and intellectual performances level, physically disabled persons may – and there is strictly forbidden by law the obstruction based on the physical disability criterion – come into counselling or leading/ executive managing positions, at any level. There are disabled people with artistic talents, especially for painting and modelling. These skills can be used for operations with manual finishing – decoration of various objects made from ceramics, glass, metal, wood, leather, etc., greeting cards, jewellery, small gifts, candles, March amulets, unique or small series objects.

The people with visual deficiencies need a complete order at their workplace but – as an advantage – they can work in the third shift (at night) without consuming electricity for lighting. A blind person assisted by technology – a screen reader which translates the screen information into audio information can work at any workplace involving computer work. Another area in which this category of disabled people can perform very well is the medical rehabilitation: (some procedures of) physiotherapy, therapeutic and/or prophylactic massage. People with hearing disabilities perform well in noisy work environments which are usually very stressful for persons without this disability. Such disabled people can have good performances in almost all areas of activity: mechanics, light industry (clothing), wood processing etc. People with intellectual disabilities, after a suitable training and assessment, can do work tasks which involve long routines. The employment of these people has been successful for various simple, repetitive operations, at the conveyor. There is no universal recipe regarding the types of workplaces which are suited for the disabled people. Depending on the disability of each person there can be identified „the right person in the right place”. The most important factor is the will: on one hand the employers’ wishes to make accessible workplaces and, on the other, the disabled people’s desire to integrate at work, despite all barriers.18 In 2014, the project regarding <<The National Strategy concerning social inclusion of people with disabilities 2014 – 2020 Social policies - from „rehabilitation„ of the individual to society reform>>4, was developed – pending on approval. As a part of the larger framework for the sustainable development of Romania, <<The National Strategy 2014 – 2020>>4, when adopted in its final form, could be at the basis of the National Plan, of the annual plans and programs, at all levels of decision.1 According to the current policies regarding the employment of the disabled people, any handicapped person who wants to integrate or re-integrate on the labour market has free access to professional assessment and counselling, no matter the age and the type/ degree of handicap. Moreover, the handicapped person can receive vocational career advice if he/she is trained and has the corresponding age, if he/she is unemployed and without professional experience, or even he/she is employed, but wants a professional reconversion. The handicapped person, or 18

www.combat.info.ro/uploaded_files/Ghid%20de%20buna%20practica%20privind%20accesibilitatea%20la%20 locul%20de%20munca%20a%20persoanelor%20cu%20handicap.pdf

in some cases, the family or his/her legal representative are the main decision makers regarding the vocational guidance. The vocational training of the handicapped people is organised by programs of initiation, qualification, re-qualification, further qualification, and specialisation. The handicapped people seeking for a work place or who are already employed have the following rights:  Vocational training courses;  Reasonable adjustment of the workplace;  Counselling before and during employment, as well as during probation, given by a counsellor specialised in labour mediation;  An employment probation paid, for at least 45 working days;  A notice paid, for at least 30 working days at the termination of the individual labour contract, at the initiative of the employer, for reasons not imputable to it;  The possibility to work part time, in accordance with the legislation, and upon the recommendation of the assessment commission, in this respect;  Tax free/ wages. The handicapped people have the right to work, and to get an income according to the provisions of the labour legislation, as well as to the special provisions of the law regarding the protection and the promotion of the handicapped people’s rights. The handicapped people can be employed according to their vocational training and work capacity – attested by the certificate of framing in a handicap degree – issued by the county or of the Bucharest municipality districts/ sectors assessment commission. The employment of a handicapped person is made on the open labour market, at home, or in protected ways. The protected ways are within protected workplaces that are located in authorised protected units. Protected units are entities organized as/ represented by natural or legal persons, public or private, that employ persons with disabilities. The protected units can have or not legal personality, they can be run by self-management, or they can be just sections, workshops or other structures within economic operators, /public institutions, non-governmental organisations, or they can be organised by an individual

authorised disabled person, who can run an independent business, as provisioned by the legislation.19 As stipulated by art. 46 of the Constitution of Romania2, “the handicapped people receive special protection. The State ensures the development of a national policy of prevention, treatment, rehabilitation, education, training and social integration for the handicapped people, while observing the rights and duties of the parents and tutors”. According to art. 7 of The Universal Declaration of Human Rights (adopted by the United Nations organization – U. N. on December 10th, 1948)20, “All are equal before the law and are entitled, without any discrimination, to equal protection of the law. All are entitled to equal protection against any discrimination in violation of this Declaration and against any incitement to such discrimination”. Further on, in art. 23 of the same international act, it is stipulated that “everyone has the right to work, to free choice of the employment, to just and favourable conditions of work and to protection against unemployment. Everyone, without any discrimination, has the right to equal pay for equal work. Everyone who works has the right to just and favourable remuneration ensuring for himself and his family an existence worthy of human dignity and if necessary supplemented by other means of social protection”.20 According to Law No. 4485, an employer, public or private, fulfils its social duties towards the disabled persons, choosing one of the following options: 1. either to employ disabled people, representing totally 4% of all the employees, if the number of employees is above 50, 2. or to pay to the state budget a monthly sum of money representing 50% of the minimum gross salary, multiplied by the number of workplaces unoccupied by handicapped people, or 3. to buy products or services from authorised protected units, worthing a calculated, equal to the described above taxes, amount of money. The quota system represents the obligation imposed on employers, so that they must employ a certain percentage of disabled people from the total number of employees. This is obligatory for both, public and private employers, with a special focus on large companies/institutions. Very often, the non-compliance with this obligation entails pecuniary sanctions on employers, 19

National Authority for People with Disabilities - Ministry of Labour, Family, Social Assistance and Elderly Correspondence no. 5665/DPPD/23.03.2015 20 http://www.anr.gov.ro/docs/legislatie/internationala/Declaratia_Universala_a_Drepturilor_Omului.pdf

and the raised funds are used for services of vocational rehabilitation or socio-professional reintegration for disabled people. The quota system was developed after the First World War, Germany being among the first countries which implemented such provisions (1922), and its example was followed by most European countries. The model is based on the presumption that, without legal obligations, employers will never hire disabled people because of their low productivity, and that disabled persons cannot compete freely on the labour market. In Romania the quota system was implemented by Law No. 57/19925 which provisioned that the employers with over 250 employees must hire at least 3% disabled people out of the total number of employees. If they did not comply with this provision, the sanction was worth the minimum gross salary, multiplied by the number of unoccupied workplaces. The subsequent changes in the Law enlarged its area of applicability, including the companies with over 100 employees, then with over 50. At the same time, the compulsory percentage raised to 4%, but the sanctions diminished: at present they are worth 50% of the minimum gross salary multiplied by the number of unoccupied workplaces. Moreover, now the firms can purchase goods and/or services worth the owed amount from the authorised protected units. If the penalties paid by the employers were initially transferred into a special fund, used to finance various assistance programs for disabled people, at present they are transferred directly to the state general budget. The quota system has a weak implementation in Romania. It has not lead to a reasonable employment rate for the disabled people, but it only introduced a new tax which brings income for the budget. Because this income is collected into the general budget, it is not clear how much of it returns to the disabled people, as services for the integration on the labour market (like in most countries which have implemented the quota system). The proliferation of special funds within the budget is not a good practice, and it has been discouraged by the foreign partners who offered assistance to Romania, there is possible to assume a public policy of allocating funds for the employment policies, which are equal with those collected, although a separate fund no longer exists. When a handicapped person is employed, there are no other supplementary expenses; moreover the following expenses are deductible from the taxable profit: the expenses made for the adjustment of the workplace, the expenses made for the purchase of the tools and the equipment used in the production process by the handicapped person, the transport expenses

from home to the workplace and back, the expenses made for the transport of raw materials and finished products to/from the house of the handicapped person who works at home. Other expenses connected to the process of labour integration of a disabled person, i.e.: specific expenses for the vocational training, counselling and employment of the handicapped people, are deductible from the budget of unemployment insurances, paid py the employers to the state budget (Law No. 448).5 The employers can receive grants from the state upon the employment of a handicapped person. When the employer is not obliged by law to employ handicapped people, this will receive monthly the minimum salary for each handicapped employee, during one year, on the condition to keep the handicapped person hired for at least 2 years (Law No. 76/2002 regarding the unemployment insurances system and employment stimulation, with the subsequent modification and adding).5 Moreover, the employers that hire graduated handicapped persons, with labour contracts, on indefinite duration, benefit from tax exempt for unemployment insurances and receive monthly, for 1.5 years, the following sums: a) 1 minimum gross salary for the graduates of the first cycle of high school or the graduates of the schools of arts and crafts; b) 1,2 minimum gross salaries, for the graduates of the second cycle of high school or the graduates of post-secondary schools; c) 1,5 minimum gross salaries, for the graduates of higher education (university).21 In Romania, the authority which is responsible for the vocational integration of the handicapped people, for their vocational counselling, guidance and employment is the MLFSAE â&#x20AC;&#x201C; by NAE and the National Authority for People with Disabilities (NAPD). MLFSAE, as a specialized body of the central public administration, coordinates and monitors the implementation of the sectoral policies and strategies for social development, through which are promoted the rights of family, child, handicapped people, elderly, victims of the domestic violence, and vulnerable groups.

http://www.diz-abilitate.ro/images/elemente/ ocuparea_persoanelor_cu_dizabilitati._psihologia_angajatorilor_cu_privire_la_angajarea_persoanelor_cu_dizabil it.pdf

Statistical data

Until 2002, the employment rate of the disabled people was never analysed. Moreover, the employment of the disabled people was never, in the past, the objective of an active and coherent policy to approach the special needs of such persons. Therefore, there are no available data, previous 2002, to describe the evolution of the employment rate of the disabled people. On the 31st December 2014, according to the statistics of the NAPD 30.556 disabled people were employed. The records are based on data delivered by the public services of social assistance located in counties and in Bucharest. From the statistical point of view, based on official data the employment rate of the disabled people had, in Romania, the following evolution:

Table

1 - The number of

persons with disabilities employed in every county, on

December 31st 2013 Source: Ministry of Labour, Family, Social Assistance and Elderly (www.mmuncii.ro)

County

TOTAL, of which

Physical

Somatic

Auditory

Visual

Mental

Psychical

Associ ated

HIV / AIDS

Rares diseases

Deafblindness

ALBA

1.127

343

385

175

ARAD

554

137

190

101

ARGES

1.218

282

475

212

BACAU

512

103

157

102

BIHOR

819

304

269

114

BISTRITA

399

114

172

BOTOSANI

305

107

BRASOV

933

222

381

114

BRAILA

285

BUZAU

461

101

203

CARAS SEVERIN

449

191

CALARASI

201

CLUJ

1.381

546

404

151

118

CONSTANT A

746

215

252

COVASNA

188

DAMBOVIT A

526

182

194

DOLJ

283

132

GALATI

445

140

149

GIURGIU

259

174

GORJ

438

158

146

HARGHITA

336

113

106

HUNEDOAR A

686

172

282

IALOMITA

240

IASI

959

192

455

147

458

191

871

136

437

113

MURES

724

183

306

155

NEAMT

284

OLT

332

110

PRAHOVA

1.776

283

912

201

135

147

SATU MARE

417

123

116

SALAJ

1.005

251

570

SIBIU

1.187

328

470

130

128

SUCEAVA

385

101

103

TELEORMA N

214

TIMIS

1.462

449

402

220

198

TULCEA

407

100

155

VASLUI

377

114

174

VALCEA

834

182

408

101

VRANCEA

521

148

171

ILFOV

353

170

723

136

382

1.070

234

446

124

136

760

139

331

460

120

166

611

100

276

861

173

336

113

109

MARAMUR ES MEHEDINT I

BUCURESTI 1 BUCURESTI 2 BUCURESTI 3 BUCURESTI 4 BUCURESTI 5 BUCURESTI 6

BUCURESTI

4.485

902

1.937

453

494

265

231

TOTAL

29.842

7.623

11.950

3.388

2.881

762

1.245

1.421

315

236

Table 2 - The number of persons with disabilities employed in every county, on December 31st 2014 Source: Ministry of Labour, Family, Social Assistance and Elderly (www.mmuncii.ro)

County

TOTAL, of which

Physical

Somatic

Auditory

Visual

Mental

Psychical

Associated

HIV / AIDS

Rares diseases

Deafblindness

ALBA

1.155

361

402

100

175

ARAD

604

171

203

101

ARGES

1.286

298

535

205

BACAU

522

107

168

101

BIHOR

825

304

267

115

BISTRITA

440

139

185

BOTOSANI

311

111

BRASOV

978

228

396

119

BRAILA

295

BUZAU

473

108

196

CARAS SEVERIN

422

107

168

CALARASI

245

128

CLUJ

1.429

568

431

155

112

CONSTANTA

921

259

338

106

COVASNA

183

DAMBOVITA

539

188

209

DOLJ

365

103

165

GALATI

417

140

124

GIURGIU

297

200

GORJ

459

155

175

HARGHITA

368

120

115

HUNEDOARA

721

199

294

IALOMITA

243

IASI

895

206

362

144

MARAMURES

480

204

MEHEDINTI

950

158

521

131

MURES

241

119

NEAMT

312

100

OLT

360

103

128

PRAHOVA

1.835

331

953

198

118

139

SATU MARE

448

128

143

SALAJ

946

251

520

SIBIU

1.189

341

478

133

114

SUCEAVA

399

109

125

TELEORMAN

262

101

100

TIMIS

1.488

452

429

223

198

TULCEA

407

103

157

VASLUI

413

125

190

VALCEA

879

188

441

103

VRANCEA

522

142

194

ILFOV

460

222

BUCURESTI 1

737

143

379

BUCURESTI 2

1.108

249

471

119

142

BUCURESTI 3

767

135

354

BUCURESTI 4

466

128

182

BUCURESTI 5

670

104

311

103

BUCURESTI 6

824

173

310

113

103

BUCURESTI

4.572

932

2.007

448

480

249

240

100

TOTAL

30.556

7.970

12.434

3.408

2.714

762

1.183

1.535

350

180

Graphic 11. The share of the employed disabled persons, by type of handicap Source: http://www.diz-abilitate.ro/images/elemente/ ocuparea_persoanelor_cu_dizabilitati._psihologia_angajatorilor_cu_privire_la_angajarea_persoanelor_ cu_dizabilit.pdf

Associated; 3,70%

Psychical; 5,20%

Rare diseases; 1,50%

HIV/AIDS; 0,70%

Deaf blindness; 0,30%

Mental; 3,10%

Visual; 10,90%

Auditory; 12%

Physical; 24,20%

Somatic; 38,40%

Graphic 12. The employment rate of persons with and without disabilities, by age groups Source: National Institute of Statistics, Press Release no. 258/5.12.2011 90

82,2 76,8

79,7

70 60 53,9

30 20 10

With Disabilities

41,6

40 25,1

25,3

Witout Disabilities 30,2 19

9,2

0 15-24 Years 25-34 Years 35-44 Years 45-54 Years 55-64 Years

There are very many missing elements which prevent an accurate estimation of the degree of vocational integration of the disabled people in Romania. There are no data available regarding the implementation of the individual program of rehabilitation and social integration (document developed by the assessment commission for the adult persons with handicap, in which there is a description of the activities and services needed by the handicapped adult person within the process of social integration) and of the individual plan of services (document that establishes short, medium and long term objectives, and sets up the modalities of intervention and assistance for the adult person with handicap, by which are accomplished the activities of the individual program of rehabilitation and social integration. There are no available data regarding the number of handicapped persons enrolled in rehabilitation programs. There are no available data regarding the number of handicapped persons who graduated vocational schools and were absorbed by the labour market. There is also no qualitative monitoring regarding the employment on the labour market. According to the data furnished by the National Institute of Statistics and European reports, over 3.000 non-governmental organisations would achieve constant economic activities, under various forms (protected workshops/ authorised protected units/ social enterprises etc.). There is no strategy concerning inclusive education, the only data which could give a clue on the school inclusion is those regarding the integratory schools, i.e. they have assistant teachers, although these are employed by the institutions of special education. The monitoring of the employment does not last enough to eliminate all risks of dropout, from the part of disabled people and the counselling services are rare and almost unknown. There are no modalities for development of the vocational skills. There is no information regarding the assistance technology and there are not yet national programs for the purchasing of technical means which could create for the disabled people opportunities of social integration.21 A positive fact for the maintaining/ reintegration of the disabled people in the professional activity is indirectly represented by the support of the National Health Insurance House, which has developed national programs for providing medical devices that are used for the compensation/ recovery of some organic and/or functional deficiencies: ď&#x201A;§ Otorhinolaryngology (Ear, Nose and Throat â&#x20AC;&#x201C; ENT) prosthetic devices (hearing prosthesis, phonatory prosthesis, tracheal prosthesis);

 Stoma prosthetic devices (pouch systems for colostomy, ileostomy);  Devices for urinary incontinence (urinary condom, urine collector bag, Foley urinary catheters – recommended for urinary retention type of neurogenic bladder – details in the structure of the report, at the section “GENERAL ASSESSEMENT. RECOMMENDATIONS”);  Lower limb prosthesis;  Upper limb prosthesis;  Orthotic devices for the spinal column;  Orthotic devices for the upper limb;  Orthotic devices for the lower limb;  Orthopaedic footwear;  Devices for visually impairments;  Equipment for oxygenation and assistive non-invasive ventilation;  Aerosols therapy devices;  Walk devices (cane, crutch, walker frame, wheelchair);  Breast external prosthesis.22 It is to be mentioned that the patients of the Member States of the European Union/ the Schengen Area/ Swiss Confederation, who possess the European forms/ documents issued according to the (CE) No. 883/2004 Regulations regarding the coordination of the social security systems,23 benefit of medical devices in the same conditions as the patients within the Romanian social health insurance system. For the patients of the states with which Romania has signed international agreements, conventions or protocols with health provisions, benefit of medical devices in the same conditions as the insured people of the social health insurance system of Romania – above mentioned devices – i.e. in the conditions provisioned by the respective international documents.24 During the transition from the centralised economy to the free market one, the living level has dropped dramatically for most social categories. The most affected population groups were 22

Order of the Minister of Health and President of the National Health Insurance House approving the Methodological Norms in year 2015 of the Government Decision no. 400/2014 for the approval of service packages and Framework Contract which regulates medical assistance in social health insurance scheme for the years 2014 - 2015 23 http://www.prestatiisociale.ro/legi/Regulament_883_2004.pdf 24 http://www.cnas.ro/

those at risk limits, the so-called “transition loosers”. The Mutual Memorandum of Social Inclusion25 mentions as disadvantaged groups: Romany community, disabled people, young persons who are going to leave the state institutions for child care. As a general observation, legislation is known by people who are in direct contact with the labour market (employers, employed disabled people, journalists, authority representatives), but there are shortcomings in the practical modality of transmitting information regarding the employment of the disabled people. The first condition for the successful initiation and implementation of social reforms in the area of disability is the disabled people’s awareness regarding their rights, how to use them, as well as the informing, sensitization of the citizens, in general, regarding the disabled people’s requirements, rights and contribution to the community. In this respect, the promotion of effective and extensive related general awareness campaigns, through accessible including for the disabled people media channels and written materials, the development of knowledge in the area of disability and of research, questing for new assistive technology and means, represents a national priority.

http://www.mmuncii.ro/pub/imagemanager/images/file/Domenii/Incluziune%20si%20asistenta%20sociala/ Proiecte_cu_finatare_externa/2%20-%20JIM_Romania.pdf

II.

CONSTITUTIONAL PROVISIONS AND INTERNATIONAL CONVENTIONS ABOUT DISABILITY AND DISABLED PEOPLE’S WORKING RIGHTS

2.1. Constitutional provisions regarding the right to work for disabled people

In Romania, the Constitution, in its initial version, was adopted in the meeting of the Constituent Assembly of November 21st 1991 and entered into force after its approval by the National referendum of 8th December 1991. The Constitution was republished as amended and supplemented by Law of Constitution review No. 429/2003, following the National referendum of October 18th - 19th, 2003.2 The Constitution of Romania is the fundamental law governing the Romanian state and the general principles of organization of the state, rights, freedoms and fundamental duties of citizens and public authorities, including legal principles concerning people with handicap. In article number 49, the Basic Law provides the rights of children and youth and in particular the obligation of the state to provide care allowances for handicapped children. It also states that, by law, there are also established other forms of social protection for children and young people. The Romanian Constitution recognizes the need for special protection for the persons with handicap and also requires the State to promote national policies for equal opportunities and participation of handicapped people in the social and community life. Thus, Article No. 50 reads as follows: “Handicapped persons benefit of special protection. The State provides the accomplishment of a national policy for equal opportunities, handicap prevention and treatment, so that handicapped persons could effectively participate in the community life, while observing the rights and duties of their parents and/or legal guardians”. According to the Romanian Constitution, constitutional provisions regarding rights and liberties shall be interpreted and enforced in accordance with the Universal Declaration of Human Rights, with the covenants and other treaties Romania is a party. If there is any conflict between the covenants and treaties on fundamental human rights, to which Romania is a party, and internal laws, the international regulations shall take precedence, unless the Constitution or national laws comprise more favourable provisions. The right to work is guaranteed by the Constitution (art. No. 41), the choice of profession, trade or occupation, as well as workplace, being free.

Regarding the term “disability”, it should be noted that the Romanian Constitution uses the term “handicap”. For this reason, in the national legislation is mainly used the term “handicap” and not the “disability” one, as it is used in Europe and worldwide. However, as pointed out previously, at present, there is a dominant preference of those involved in the area of social protection, for the use of alternative terminology to the word “handicap”, namely “disability”/ “disabled”, or – more protective for its psychological perception – “special needs”, “special requirements”. The preference is justified by the less categorizing and stigmatizing connotation of the latter also internationally, modern public policies tending to exceed social protection area of the risk for handicap, assuming also wider issues of disability, according to the principle of “society for all”.4 The signing by Romania of the UN Convention on the Rights of Persons with Disabilities, on 26.09.2007, followed by its ratification, on 11.11.2010, through the Law No. 221/20105, would have led to a change in the national legislative framework in order to ensure at least the harmonization with the Convention concerning the notion of “disability”. By adopting the Government Emergency Ordinance (GEO) No. 84/20105, to amend the Law No. 448/2006, although it was introduced a new definition of person with "handicap", from a socio-medical perspective and in accordance with the standards established by the UN Convention, at national level there has been no change in using the term person with “disability”/ “special needs” instead of the one of person with “handicap”. 2.2. Approved international contracts concerning disabled people At international level were adopted a series of laws that contain provisions for persons with disabilities, in particular by the UN, International Labor Organization (ILO), the WHO or the European Union (EU), with worldwide applicability for the member States of those organizations or at European level, for the EU Member States. Nationally, most of these laws governed the adoption by Romania of specific legislation concerning persons with disabilities/ special needs (predominantly of medical kind), respectively with handicap/ special needs (mainly of social type).

Normative documents adopted by the United Nations (UN) The UN Convention on the Rights of Persons with Disabilities26, together with the Optional Protocol was adopted in New York by the United Nations General Assembly on December 13th 2006, was opened for signing on March 30th 2007, and entered into force on the 03tird of May 2008. There were 82 signatories to the Convention, 44 signatories of the Optional Protocol and 1 ratification of the Convention, which is the highest number of signatories in history to a UN Convention on the opening day and the first comprehensive human rights treaty of the 21st Century. The Convention quickly became the main international legal instrument to fight against discrimination of people with disabilities, especially given the high number of accession signatures. At the time of drafting this report, the Convention was signed by 159 states and the Optional Protocol by 92 states. The Convention was ratified by 154 countries, including Romania, and the Optional Protocol by 92 countries.27 The Convention marks a “paradigm shift” in attitudes and approaches regarding persons with disabilities. People with disabilities are not considered “objects” of the medical treatment and/or social protection: they are persons with rights, able to claim those rights and to make decisions for their lives based on free consent, as active members of the society. While people with disabilities are the largest and most disadvantaged minority globally, the Convention provides universal recognition of the rights and dignity of persons with disabilities. In essence, the Convention provides people with disabilities the same rights as to any other person without disabilities, people with disabilities being able to 'lead' their life as well as the able people, with full and equal rights, who can bring valuable contributions to the society if they benefit the same opportunities and rights as people without disabilities. The Convention clarifies and qualifies the way all categories of rights apply to persons with disabilities and identifies areas where adaptations have to be made for persons with disabilities in order to exercise the rights concerned, and the actual areas where their rights have been violated. Once a country ratifies the Convention, the obligations established by this must be reflected in the national legislative framework, in accordance with their legal and administrative systems, in order to promote, protect and monitor implementation of the 26 27

www.un.org/disabilities/default.asp?navid=15&pid=150 www.un.org/disabilities/

Convention. It is also recognized the importance of international cooperation for development in supporting national efforts to implement the Convention. Signatory States have to initiate or promote research and development in the goods, services, equipment and afferent facilities, domain, in order to meet the specific needs of people with disabilities, and to encourage the use of new technologies, including information and communications technologies, of mobility support devices, assistive technologies and devices, suitable for persons with disabilities, giving priority to those with affordable prices. Also, they must provide accessible information to persons with disabilities, on these devices and technologies, as well as on other forms of assistance, support services and specific facilities. According to article number 1 of the Convention, its aim is to “promote, protect and ensure the full enforcing, on equal basis, of all human rights and fundamental freedoms by all persons with disabilities and to promote respect for their inherent dignity”; persons with disabilities are “people who have lasting 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”. “Disability discrimination” means “any differentiation, exclusion or restriction on the basis of disability, which has as purpose or effect mitigating or impairing the recognition, benefit or exertion, on an equal basis with others, of all human rights and fundamental freedoms in the political, economic, social, cultural, civil or in any other field. It comprises all forms of discrimination, including denial of providing reasonable adjustment/ accommodation”. “Reasonable accommodation” means necessary and appropriate modifications and adjustments, not imposing a disproportionate or undue burden, where needed in a particular case, to enable persons with disabilities for benefiting or exerting, on an equal basis with others, all the fundamental human rights and freedoms”. The Convention contains 8 general principles (art. No. 3), as follows: a. “Respect for inherent dignity, individual autonomy including of the freedom to make the own choices, and of the independence of persons; b. Non-discrimination; c. Full and effective participation and inclusion in society; d. Respect for diversity and acceptance of persons with disabilities as part of human diversity and humanity; e. Equality of opportunities;

f. Accessibility; g. Equality between men and women; h. Respect for the evolving capacities of children with disabilities and respect for the right of children with disabilities to preserve their identity.â&#x20AC;? By signing and ratifying the Convention it is recognized that all persons are equal before the law and under the law and are entitled, without any discrimination, to equal protection and equal benefit of the law. Women and girls with disabilities are subject to multiple discrimination, and in this regard, signatory states shall take measures to ensure that they receive all fundamental human rights and freedoms. Member States should consult disabled people and involve this category of persons, including children with disabilities, in the development and implementation of legislation and policies developed in order to implement the Convention, and in other decision-making processes regarding issues of such people, as well. To enable persons with disabilities to live independently and fully participate in all aspects of life, States shall take appropriate measures to ensure these persons` access, on an equal basis with others, to the physical environment, transportation, information and ways of communication, including information and communications technology systems and other facilities and services open or provided to the public, both in urban and rural areas. The measures include the identification and elimination of obstacles and barriers towards full access, and should be applied, among other things, to: buildings, roads, transportation and other indoor and outdoor facilities, also including to schools, housing, medical units and jobs, information and communications services, and other services including electronic and emergency ones (art. No. 9). Raising awareness in society, including at family level, about people with disabilities and to promote respect for their rights and dignity, fight against stereotypes, prejudices and harmful practices related to persons with disabilities, including those based on gender and age, in all areas of life, are mentioned in the Convention (art. No. 8) as statesâ&#x20AC;&#x2122; commitments to accomplish these obligations by adopting immediate, effective and appropriate measures. By signing and ratifying the Convention states recognize, for the persons with disabilities, the <<right to equality before the law without discrimination, of (art. No. 5), right to life, liberty and security of person (art. No.10 and 14), equal recognition before the law of their legal capacity (art. No.12), right to prevent them from being subjected to torture, cruel treatment or

punishment, inhuman or degrading – on an equal basis with others (art. No.15), right not to be subjected to exploitation, violence and abuse (art. No.16), right to observance of the physical and mental integrity (art. No.17), right to freedom of movement and choice of nationality (art. No.18), right to independent living and live in the community (art. No.19), freedom of expression and opinion (art. No.21), respect of private life (art. No.22), respect for home and family (art. No. 23), right to education (art. No. 24), right to health (art. No. 25), right to work and to be employed (art. No. 27), right to an adequate standard of living and social protection (art. No. 28), right to participate in political and public life (art. No. 29), right to participation in cultural life (art. No. 30)>>. Member States shall organize, strengthen and expand complex services and programs for habilitation and rehabilitation, especially in health, employment, education and social services. Art. No. 27 of the Convention provides the “the right of persons with disabilities to work, on an equal basis with others” - this includes the right to the opportunity to earn a living by exercising a freely chosen or accepted work, in a labor market, and in an work environment that is open, inclusive and accessible to persons with disabilities. States Parties shall safeguard and promote the right to work, including for those who acquire a disability during the course of employment, by taking appropriate steps, including of legislation kind, in order to, inter alia:  Prohibit discrimination on the basis of disability, with regard to all matters and forms of employment, including to conditions of recruitment, placing, hire and continuance of employment, career advancement and healthy and safe conditions at the work place;  Protect the rights of persons with disabilities, on an equal basis with others, to just and favourable work conditions, including equal opportunities and equal remuneration for work of equal value, healthy and safe conditions at the work place, including protection from harassment, and the settlement of grievances;  Ensure that persons with disabilities are able to exercise their right to labor and trade union rights on an equal basis with others;  Enable persons with disabilities to have effective access to general technical and vocational guidance programs, to placement services and continuous professional training;

 Promote, in the labor market, employment opportunities and career advancement for persons with disabilities, as well as offering assistance in finding, obtaining, maintaining a job, including for re-employment;  Promote opportunities for self-employment, entrepreneurship, development of cooperatives and starting one's own business;  Employ persons with disabilities in the public sector;  Promote the employment of persons with disabilities in the private sector through appropriate policies and measures, which may include affirmative action programs, incentives and other measures;  Provide adequate adaptation of the workplace for persons with disabilities;  Promote the acquisition, by persons with disabilities, of work experience in the open labor market;  Promote vocational and professional rehabilitation, job retention and return-to-work programs, for persons with disabilities.

Standard Rules on the Equalization of Opportunities for Persons with Disabilities Standard Rules were adopted by the UN General Assembly on December 20th 1993 (resolution 48/96)28. Although these have not a mandatory legal regulatory action character, the Standard Rules on the Equalization of Opportunities for Persons with Disabilities represent a political commitment of Governments to take action for attaining equalization of opportunities for persons with disabilities. The Rules contain important principles related to responsibility, action and cooperation and serve as the basis for technical and economic cooperation among States, the United Nations and other international organizations, being a tool for setting policies and attitudes in favour of disabled people. The purpose of the Rules is stated in paragraph 15: “the purpose of the Rules is to ensure that girls and boys, women and men with disabilities, as members of the society they belong to, can exercise the same rights and obligations as the rest of the people”.29 The Standard Rules are not compulsory, consist of 22 rules and are defined as:30

www.un.org/disabilities/default.asp?id=26 www.un.org/esa/socdev/enable/dissre00.htm 30 http://www.un.org/esa/socdev/enable/dissre03.htm 29

â&#x20AC;&#x153;Preconditions for equal participation

Rule 1 - Awareness-raising: states should take measures to raise awareness in society about people with disabilities, their rights, their needs, their potential and their contribution. Rule 2 - Medical care: States should ensure the provision of effective medical care to persons with disabilities. Rule 3 â&#x20AC;&#x201C; Rehabilitation (recovery â&#x20AC;&#x201C; o.n.): States should provide rehabilitation services for persons with disabilities, in order they achieve and maintain their optimal level of independence and functioning. Rule 4 - Support services: States should ensure the development and supply of support services, including assistive equipment for persons with disabilities, to assist them to increase their level of independence in their daily living and in exercising their rights. II. Target areas for equal participation Rule 5 - Accessibility: States should recognize the importance of accessibility in the process of the equalization of opportunities, in all spheres of society. For persons with disabilities of any kind, States should introduce programs of action to make the physical environment accessible; and undertake measures to provide access to information and communication. Rule 6 - Education: States should recognize the principle of equal (primary, secondary and tertiary) educational opportunities for children, youth and adults with disabilities, in schools that integrate them. They should ensure that the education of persons with disabilities is an integral part of the educational system. Rule 7 - Employment: States should recognize the principle that persons with disabilities must be empowered to exercise their human rights, particularly in the field of employment. In both rural and urban areas they must have equal opportunities for productive and gainful employment in the labor market. Rule 8 - Income maintenance and social security: States are responsible to provide social security and income maintenance for persons with disabilities. Rule 9 - Family life and personal integrity: States should promote the full participation of persons with disabilities in family life, their right to personal integrity and to ensure that laws do not discriminate regarding sexual relationships, marriage and parenthood. Rule 10 - Culture: States will ensure that persons with disabilities are integrated into and can participate in cultural activities on an equal basis with the other people.

Rule 11 - Recreation and sports: States will take measures to ensure that persons with disabilities have equal opportunities for recreation/ leisure and sports. Rule 12 - Religion: States will encourage measures for equal participation of persons with disabilities in the religious life of their communities. III. Implementation Measures Rule 13 - Information and research: States will assume the responsibility for the collection and dissemination of information on the living conditions of persons with disabilities and shall promote comprehensive research on all aspects, including obstacles that affect the lives of persons with disabilities. Rule 14 - Policy-making and planning: States will ensure disability aspects to be included in all relevant policy-making and national planning. Regula 15 - Legislation: States have the responsibility to create the legal bases of measures to achieve the objectives referring the full participation and equality for persons with disabilities. Rule 16 - Economic policies: States have the financial responsibility for programs and measures to create equal opportunities for persons with disabilities. Rule 17 - Coordination of work: States are responsible for the establishment and strengthening of national coordinating committees, or of some similar organizations, that would centralize at national level the disability issues. Rule 18 - Organizations of persons with disabilities: States should recognize the right of the organizations of persons with disabilities to represent persons with disabilities at national, regional and local levels. States should recognize the advisory role of the organizations of persons with disabilities in decision-making on disability matters. Rule 19 - Personnel training: States are responsible for ensuring the adequate training of personnel, at all levels, including planning and provision of programs and services concerning persons with disabilities. Rule 20 - National monitoring and evaluation of disability programs: States are responsible for the continuous monitoring and evaluation of the way of implementation of the national programs and services for the equalization of opportunities of persons with disabilities. Rule 21 - Technical and economic cooperation: States, both industrialized and developing, have the responsibility to cooperate in and take measures for the improvement of the living conditions of persons with disabilities in developing countries.

Rule 22 - International cooperation: States will actively participate in international cooperation concerning policies for the equalization of opportunities for persons with disabilities.â&#x20AC;? World Programme of Action Concerning Disabled Persons31 The program was adopted by the UN General Assembly on December 3rd 1982 (resolution 37/52) and is a global strategy for the prevention of disabilities, rehabilitation and equalization of opportunities, which enables persons with disabilities to fully participate in social life and to national development. The program emphasizes the need to approach the disability issue from a human rights perspective, the central theme being "equal opportunities", and has three chapters. The first chapter analyses the principles, concepts and definitions related to disability, the second chapter reviews the situation of persons with disabilities worldwide and the third chapter contains recommendations for action at national, regional and international, level.

Other regulations adopted by the UN General Assembly regarding persons with disabilities: ď&#x192;&#x2DC; The Universal Declaration of Human Rights32 Adopted on December 10th 1948 by the UN General Assembly, the document is a recommendation. The Declaration contains 30 articles that define the basic rights of human beings, such as: all human beings are born free and equal in dignity and rights (art. No.1); every human being has the right to life, liberty and his/her security (art. no. 3); no one shall be held in slavery nor servitude (art. no. 4); no one shall be subjected to torture nor to punishment or cruel, inhuman or degrading treatments (art. no. 5); all people are equal before the law and are entitled, without any discrimination, to equal protection of the law (art. no.7); no one can be be subjected to arbitrary arrest, detention or exile (art. no. 9).

31 32

www.un.org/disabilities/default.asp?id=23 www.ohchr.org/EN/UDHR/Documents/UDHR_Translations/rum.pdf

 Declaration on the Rights of Mentally Retarded Persons33 Adopted on December 20th 1971 by the UN General Assembly, it was for very many years, the most important international regulation on human rights for people with intellectual disabilities. The Declaration provides certain rights, such as the: right to proper medical care, education, training, rehabilitation and guidance (art. No. 2), right to economic security and to a decent standard of living (art. No.3), right to live with his/her own family and participate, in different forms, to the community life (art. No. 4), right to a qualified tutor when this is required to protect the personal well-being (art. No. 5) and the right to protection against exploitation, abuse and degrading treatment (art. No. 6).  Declaration on the Rights of Disabled Persons33 It was adopted by the General Assembly of the UN in 1975 and is the second statement that applies to all persons with disabilities. According to article No. 4 “disabled persons have the same civil and political rights as other human beings”. Declaration on the Rights of Mentally Retarded Persons and the Declaration on the Rights of Disabled Persons were enacted in 1991 in the Principles for the Protection of Persons with Mental Illness and the Improvement of Mental Health Care.

Normative documents adopted by the International Labor Organization (ILO) C111 Discrimination (Employment and Occupation) Convention, 195834 Convention concerning Discrimination in Respect of Employment and Occupation The Convention concerning Discrimination in Respect of Employment and Occupation was adopted by the ILO on June 25th 1958 and ratified by Romania on June 6th 1973. As regards the issue concerning discrimination against disabled people, this is not directly referred to in the content of the Convention. In art. No.1, paragraph (a) in relation to discrimination, there are specified only the differentiations, exclusions or the preference based on “race, colour, gender, religion, political beliefs, national extraction or social origin”.

www.pentruvoi.ro/upload/content/Ghidul_reglementarilor_internationale_cu_privile_la_drepturile_persoanelor _cu_dizabilitati_intelectuale.pdf 34 www.ilo.org/dyn/normlex/en/f?p=NORMLEXPUB:12100:0::NO::P12100_ILO_CODE:C111

The Convention's provisions are applicable to persons with disabilities, art. no. 1 paragraph (b) stating that discrimination also means “any distinction, exclusion or preference which has the effect of suppressing or impairing equality of opportunity or treatment in employment and occupation exercising, that could be specified by the concerned Member State after consultation with the representative organizations of employers and respectively of workers (if any), and of other competent bodies”. Also, art. No. 5 paragraph (2) stipulates that: “Any State Member may, after consultation with representative employers' and workers' organizations, where such exist, define as nondiscriminatory any other special measures designed to meet the particular requirements of persons for whom, for reasons such as gender, age, disablement, family responsibilities or social or cultural level, are generally recognized to require special protection or assistance” – the reference to people with disabilities being obvious. Convention No. 159 of the ILO concerning vocational training and employment of Disabled Persons “Convention concerning Vocational and Employment (Disabled Persons)” The Convention applies to all categories of persons with disabilities, being adopted by the ILO on June 1st 1983. The Convention is not compulsory having not been ratified by Romania. Within the Convention are formulated the principles of vocational rehabilitation (recovery of work capacity – o.n.) and employment policies for people with disabilities that should be based on the principle of equal opportunities for workers with disabilities and those without disabilities. The disabled person is defined as “an individual whose prospects of obtaining or retaining a job and to advance in suitable employment, are substantially reduced as a result of a duly recognized physical or mental impairment”.35 Recommendation No. 168 Accompanying the ILO Convention No. 159 Recommendation No. 168 and Convention No. 159 are the result of attempts made by the ILO to overcome the limited functionality of the specialized services for people with disabilities through deinstitutionalization and normalization in the labor market. The Recommendation provides in art. No. 7 that “Handicapped persons must enjoy equal opportunities and equal treatment in terms of hire, job retention and advancement in employment and, wherever possible, the position held will match the choice made by the disabled person and will be suitable for him/her”.35 35

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The Recommendation is not, however, compulsory.

Normative documents adopted by the World Health Organization

Currently, according to the WHO, over one billion people, about 15% of the world population, suffer from some form of disability, and this percentage increases as the population ages and chronic diseases extend.36 One person from seven has some type of disability, and these people do not suffer only of social stigmata and discrimination, but also of barriers in terms of access to services such as education, transport and even health. People with disabilities are twice more likely than other people to receive inadequate medical treatment for their illness, and the possibility of being refused healthcare for them is threefold. The International Classification of Functioning, Disability and Health (ICF)37 was developed and promoted as an international standard by the WHO in 2001 and implemented in most countries. In Romania, ICF was validated by the Order of the Ministry of Health and Family/ the National Authority for Child’s Protection and Adoption (MHF/NACPA) No. 725/12.709/2002 regarding the criteria for establishing the degree of disability in children and special protection measures that are applied by integrating Activities and Participation component of CIF in psycho-social criteria to assess children with disabilities in Romania. ICF (partially) replaces the International Classification of Impairments, Disabilities and Handicaps (IC-IDH) published by the WHO in 1980, representing a revised text thereof. ICF associates functional status with different changes in health conditions (disease, trauma, injury, disorders, etc.) and creates a new concept of understanding functionality and disability as important elements in the health state. The new classification covers any disturbance by the term “functional status”, associated with altered health conditions of the body at individual and social level. The International Classification of Functioning, Disability and Health for Children & Youth Version (ICF-CY)38 was realized by WHO in 2007 and is compatible with the International Classification of Functioning, Disability and Health (ICF), being a response to 36

www.who.int/disabilities/en/ www.who.int/disabilities/en/www.who.int/classifications/icf/icf_more/en/ 38 http://apps.who.int/iris/bitstream/10665/43737/1/9789241547321_eng.pdf 37

the need for a CIF classification version that can be used universally for children and young people in the health, education and social sectors. In Romania, through Order of the Ministry of Health and the Ministry of Labor, Family an Social Assistance (MH/MLFSA) No. 762/2260/2012, was amended the Order of the Ministry of Health and Family and the National Authority for Child Protection and Adoption (MHF/NACPA) No. 725/12.709/20025, and by this amendment the Activities and Participation component of the CIF-CT in psycho-social criteria for evaluating children with disabilities has been integrated. In order to determine the world's Governments to give greater attention to the needs of people with disabilities, the WHO and the World Bank completed in 2011 a World Report on Disability39. The World Report on Disability was conducted more than 3 years with the support and contribution of over 370 people, some of them being in a position to deal with various disabilities. In Romania, the Report was translated, in 2012, by the Romanian Society of Physical and Rehabilitation Medicine (RSPRM). According to the report, with the entry into force of the UN Convention for the Rights of Persons with Disabilities, attention has focused on ways to combat discrimination, promoting accessibility and inclusion, as well as promoting respect for people with disabilities, worldwide, people with disabilities having poorer health, lower educational performance, lower economic participation and a greater degree of poverty than persons without disabilities. In May 2014, the 67th World Health Assembly adopted a resolution endorsing theâ&#x20AC;&#x153;WHO global disability action plan 2014â&#x20AC;&#x201C;2021: Better health for all people with disabilityâ&#x20AC;?40 The main objectives of the plan are: removing barriers and improving access to health services and programs; to strengthen and extend rehabilitation, habilitation, assistive technologies and devices, assistance and support services, and community-based rehabilitation; to improve collection of relevant and internationally comparable data on disability and support research on disability and related services. Romania, like all other Member States affiliated to the WHO, mandatory has to implement the proposed actions, and adapt them to specific national circumstances. 39 40

http://apps.who.int/iris/bitstream/10665/44575/20/9789730135978_rum.pdf http://www.who.int/disabilities/actionplan/en/

Normative documents adopted by the European Union (EU)

European legislation in the field of disability revolves around two major laws: the Charter of Fundamental Rights of the European Union and the United Nations Convention on the Rights of Persons with Disabilities, adopted in the European Union by the Council Decision 2010/48/ EC of November 26th 2009 – primary legislation in the EU. The Charter of Fundamental Rights of the European Union41 was proclaimed by the European Commission, European Parliament and the EU Council (all EU Member States Governments) on December7th 2000, within the European Council, held in Nice. The Charter of Fundamental Rights of the European Union (2007/C 303/01) was signed in 2007 in Strasbourg, by the current European Parliament President, the President of the European Commission and the President of the EU Council. According to the Lisbon Treaty, signed by the EU Member States on 13th December 2007 and entered into force on December1st 2009, the Charter is compulsory and has the same legal character at EU level as the EU Treaties. The Charter of Fundamental Rights brings together and describes, in 54 Articles divided into six main chapters, the rights of European citizens and of all those living in the Union, as follows: 

“Chapter I - DIGNITY (human dignity, right to life, right to integrity of the person, prohibition of torture, punishment and inhuman or degrading treatment, prohibition of slavery and forced labor);



Chapter II - FREEDOMS (right to liberty and security, respect for private and family life, protection of personal data, right to marry and right to found a family, freedom of thought, conscience and religion, freedom of expression and information, freedom of assembly and association, freedom of the arts and sciences, right to education, freedom to choose an occupation and right to engage in work, freedom to conduct a business, right to property, right to asylum, protection in the event of removal, expulsion or extradition);

http://www.dri.gov.ro/carta-drepturilor-fundamentale-a-uniunii-europene/



Chapter III - EQUALITY (equality before the law, non-discrimination, cultural, religious and linguistic diversity, equality between men and women, rights of the child, rights of the elderly, integration of persons with handicap);



Chapter IV - SOLIDARITY (workers' right to information and consultation within the undertaking, right of collective negotiation and action, right of access to placement services, protection in the event of unjustified dismissal, fair and just working conditions, prohibition of child labor and protection of the young people at work, family and professional life, social security and social assistance, health care, access to services of general economic interest, environmental protection, consumer’s protection);



Chapter V - CITIZENS' RIGHTS (right to vote and to stand as a candidate at elections to the European Parliament, right to vote and to stand as a candidate at municipal elections, right to good administration, right of access to documents, to address the European Ombudsman, right to petition, freedom of movement and residence, diplomatic and consular protection);



Chapter VI - JUSTICE (right to an effective remedy and to a fair trial, presumption of innocence and right of defence, principles of legality and proportionality of criminal offenses and penalties, right not to be tried or punished twice for the same criminal offense).”

The European Social Charter was developed by the Council of Europe in Turin on October18th 1961 and entered into force on February 26th 1965. It was amended and added successively in 1988, 1991 and 1995, and revised in 1996.42 The European Social Charter is a set of core labor rights, employment, social relations and social security and includes a declarative part (the principles), which claims the social policy objectives pursued by Member States of the Council, and a legal part by which the ratifying State assumes a number of obligations. The Revised Charter is part of the Council of Europe’s treaties on human rights and is a reference in the matter of social cohesion, being called "21st Century Social Charter".

http://www.mmuncii.ro/pub/imagemanager/images/file/Domenii/Relatii%20bilateraleorganizatii/prezentare_car ta.pdf

The Revised, in 1996, European Social Charter, in Article No. 15, regulates the right of persons with handicap to autonomy, social integration and participation in the life of the community. Romania signed on May 14th 1997 and ratified by Law No. 74/1999 the Revised European Social Charter. Of 31 articles, Romania has ratified 24 articles and from the total of 98 paragraphs, ratified 65 paragraphs. For Romania, the ratification of the revised European Social Charter has the meaning of a political commitment to promoting and ensure social standards, thus reconfirming its commitment to adapt its legal and institutional mechanisms to the specific standards and values of European democracies, the obligations resulting from accession to this international treaty requiring continuous internal reforms in all spheres of the social life, in order to contribute at providing real social protection of citizens in both, work environment and beyond. At EU level have been promulgated over the years, a series of laws â&#x20AC;&#x201C; secondary legislation â&#x20AC;&#x201C; which governs the sphere of disability from different perspectives and which the Council or the Commission make available to Member States in order to meet the specific needs of people with disabilities. In reverse chronological order we present below the main normative documents relating to persons with disabilities: Council Decision 2003/578/EC of July 22nd 2003 on guidelines for the employment policies of the Member States43 Employment policies of the Member States must work to promote the three general and interdependent objectives in EU, namely: full employment of work force, labor quality and productivity, and social cohesion and integration. To achieve the three major objectives, Member States must implement policies that take into account specific guidelines, which are action priorities. Specific guidelines are listed as: 1.

â&#x20AC;&#x153;Active and preventive measures for the unemployed and inactive persons;

Job creation and entrepreneurship;

Change approach and promotion of adaptation capability and mobility in the labor market;

4. 43

Promote development of human capital and lifelong education/ training;

http://eur-lex.europa.eu/legal-content/RO/TXT/?uri=CELEX:32003D0578

Increase of labor force supply and promote active aging;

Gender equality;

Promotion of integration and combat discrimination against the disadvantaged, in the labor market, people;

Make work more lucrative through incentives for enhancing work attractiveness;

Transform undeclared work into regular employment;

10. Approach of regional employment disparities.â&#x20AC;? According to the Decision, one of the Member States obligations is to foster the integration of people facing particular difficulties on the labor market, such as early school leavers, lowskilled workers, people with handicap, immigrants, and ethnic minorities, by improving their employment opportunities, increasing job offers and preventing all forms of discrimination against such persons. Council Directive 2000/43/EC regarding the implementation of the principle of equal treatment between persons irrespective of racial or ethnic origin44 The Council Directive 2000/43/EC recognizes as universal rights the equality before the law and the protection against discrimination for all persons. Council Directive 2000/78/EC for establishing a general framework in favour of equal treatment in employment and work conditions45 The Directive 2000/78/EC defines harassment as a form of discrimination when an unwanted conduct related to sexual orientation, religion, beliefs, handicap or age, takes place with the purpose or effect of violating the dignity of a person or of creating an intimidating, hostile, degrading, humiliating or offending environment. It also states that appropriate measures that should be taken, such as effective and practical measures designed to adapt the workplace to the disability â&#x20AC;&#x201C; for example, by carrying out an adaptation of the premises and/or equipment, patterns of working time, distribution of obligations or offering means of training or employment â&#x20AC;&#x201C; the establishment of measures to accommodate the needs of disabled people at the workplace playing an important role in combating discrimination on grounds of disability. The Directive 2000/78/EC has a wide field of application areas, including:

44 45

www.cncd.org.ro/Files/?FileID=65 http://www.anr.gov.ro/docs/legislatie/internationala/Directiva_Consiliului_2000_78_CE_RO.pdf

 conditions for access to employment, to self-employment or to occupation, including selection criteria and recruitment conditions, whatever the activity domain and at all levels of the professional hierarchy, including promotion;  access to all types and at all levels of vocational guidance and vocational training, advanced vocational training and retraining, including the accumulation of practical expertise;  employment and working, including dismissals and pay, conditions;  Affiliation to and involvement in a workers or employers’ organization, or any organization whose members carry on a particular profession, including the benefits provided for by such an organization. Council Directive 2000/43/EC and Directive 2000/78/EC have been implemented into the national legislation by the GEO No.19/2013 – amending and supplementing the Ordinance No. 137/2000 on preventing and sanctioning all forms of discrimination. Council Resolution no. 1999/C 186/02 on equal employment opportunities for people with disabilities, June 17, 199946 By adopting this Resolution, Member States are called upon, through their national policies on employment and in collaboration with social partners and non-governmental organizations for the disabled, to pay special attention on promoting employment opportunities for persons with disabilities and to develop appropriate preventive and active policies to promote labor market integration of these people, both in the private sector – including through self-employment – and the public one. Recommendation on a Coherent Policy for the Rehabilitation of People with Disabilities47 was adopted on April 9th 1992 by the Committee of Ministers of the Member States of the Council of Europe. Chapter VII – Employment – includes recommendations on individual and collective action, to ensure that persons with disabilities can work, whenever possible, in an ordinary work environment (1.1). People whose professional capacity for productive work is limited and those who are severely disabled – that it is impossible for them to work, temporarily or permanently, in an ordinary working environment – will be hired in sheltered working places (1.2). The recommendation also stipulates that, depending on individual needs and desires, 46

http://www.combat.info.ro/uploaded_files/RezCons17iun1999.pdf https://wcd.coe.int/com.instranet.InstraServlet?command=com.instranet.CmdBlobGet&InstranetImage=239805 7&SecMode=1&DocId=602414&Usage=2 47

some people with disabilities may have a work program that combines elements of sheltered employment with ones of normal working environment (1.3), and people with disabilities who will never be able to work, shall be guided to occupational activity centres, which allow them to carry out activities without regard to productivity, whilst at the same time, seeking to develop their functional, social and vocational abilities (1.4). Council Directive 76/207/EEC of 9 February 1976 – on the implementation of the principle of equal treatment for men and women as regards access to employment, vocational training and promotion, and working conditions48 According to art. No. 1, the purpose of the European Council Directive No. 76/207/EEC “is to put into effect, into the Member States, the principle of equal treatment for men and women as regards access to employment, including promotion, and to vocational training and as regards working conditions” and also “the principle of equal treatment”. Applying the principle of equal treatment implies no discrimination whatsoever on grounds of gender concerning the conditions of employment, including selection criteria, in all places or posts of employment, whatever the sector or branch of activity, and at all levels of professional hierarchy (art. no. 3).

In the European Union, in addition to the normative documents mentioned above, there are also other laws, of general application – including for people with disabilities – such as:  Convention for the Protection of Human Rights and Fundamental Freedoms/ European Convention on Human Rights, in force since September 3rd 1953; 

Council Recommendation No. 98/376/EC

on a parking card for people with

disabilities, June 4th 1998;  European Council Decision 2000/750/EC establishing a Community action program to combat discrimination (2001-2006), November 27th 2000;  Press release No. 284 final "Towards a Barrier Free Europe for People with Disabilities", May 12th 2000;  European Council Decision 2001/51/EC establishing a Program relating to the Community framework strategy on gender equality (2001-2005), December, 20th 2000;

http://fs.asistentjudiciar.ro/e4e558e2359a09998dffe8864f4fcaac.pdf

 Decision No. 50/2002/EC of the European Parliament and of the Council establishing a Community action program to encourage cooperation between Member States to combat social exclusion, December, 7th 2001;  Decision No. 1145/2002/EC of the European Parliament and of the Council on Community incentive measures in the field of employment, June, 10th 2002;  Recommendation 1592 (2003) of the General Assembly of the Council of Europe "Towards full social inclusion of people with disabilities";  European Council Resolution no. 2003/C 39/03 on "e-Accessibility – improving access for people with disabilities to the knowledge-based society", February, 6th 2003;  European Council Resolution No. 2003/C 134/04 on equal opportunities for pupils and students with disabilities in education and training, May 5th 2003;  European Council Resolution No. 2003/C 175/01 on promoting employment and social integration of persons with disabilities, July, 15th 2003;  Decision no. 848/2004/EC of the European Parliament and of the Council establishing a Community action program to promote organizations active at European level, in the field of equality between women and men, April, 29th 2004;  Directive 2004/113/EC implementing the principle of equal treatment between women and men in the access to and supply of goods and services, December, 13th 2004;  Decision No. 1672/2006/EC of the European Parliament and of the Council establishing the Community Program for Employment and Social Solidarity – Progress, October, 24th 2006.

Coming out of the legislative sphere, the EU proposes a wide range of policies and by means of strategic documents such as through the European strategy for persons with disabilities 2010-2020 "A renewed commitment to a barrier-free Europe"49, which in its turn capitalizes the combined potential of the Charter of fundamental Rights of the European Union, the Treaty on the Functioning of the European Union and the United Nations Convention on the Rights of persons with Disabilities.

http://eur-lex.europa.eu/LexUriServ/LexUriServ.do?uri=COM:2010:0636:FIN:RO:PDF

The strategy focuses on elimination of barriers, the European Commission identifying eight main areas of action: accessibility, participation, equality, employment, education and professional training, social protection, health and external action. “For each area of action, the European Commission also defined main objectives, as follows:  Accessibility – ensure for people with disabilities access to goods, services, including public services and to assistive devices.  Participation – ensure full participation of people with disabilities in society, allowing them to enjoy all the benefits of EU citizenship; eliminating administrative and behavioural barriers that hinder their full and equal participation and providing services in the community, including access to personalized assistance.  Equality – eradication of discrimination on grounds of disability in the EU.  Employment - the possibility for more people with disabilities to earn their living on the open labor market.  Education and professional training – promoting an education paradigm prone to inclusive and lifelong learning, for the pupils and students with disabilities.  Social protection – promoting of decent living conditions for people with disabilities.  Health – promoting equal access of people with disabilities to and health services, and to infrastructure facilities that provide such services.  External actions – promoting the rights of people with disabilities within the EU external action.” To conclude, the Strategy invites the EU institutions and Member States to work together in order to build a barrier-free Europe for all.

Concerning discrimination, in the European Union, with regard to The Treaty on the Functioning of the European Union - TFEU all legal regulations are adopted under art. 10 of the Treaty, according to which “In defining and implementing its policies and activities, the Union aims to combat any discrimination based on gender, racial or ethnic origin, religion or beliefs, disability, age or sexual orientation”.50

http://eur-lex.europa.eu/legal-content/RO/TXT/?uri=CELEX:12012E/TXT

III.

LEGAL REGULATIONS CONCERNING DISABILITY AND RIGHT TO WORK OF DISABLED PEOPLE

3.1. General legal regulations regarding disabled people

In Romania, the Constitution and the laws are compulsory. All Romanian citizens are equal before the law and may appeal to courts for protecting their “rights, freedoms and legitimate interests”. As regards legislative regulations, at the top judicial hierarchy is the Constitution of 1991, revised in 2003. The Romanian Constitution is the fundamental law of the Romanian state, governing structure of the country as a national and indivisible state, relationship between the executive, legislative and judicial powers and the relationship between the State institutions, its citizens and juridical persons; all regulatory acts must be in accordance with it. Subordinated to the Constitution are the laws and ordinances of government and thereafter, in descending order, government decisions and secondary legislation (decisions issued by ministries and other public authorities, instructions, regulations). Government decisions and secondary legislation develop and detail legal requirements of laws and government ordinances. At the national level, regulatory documents concerning persons with handicap/ “disabilities”, respectively the rights and the situation regarding the disabled/ with “disabilities” people are regulated, especially after the events of 1989 and the adoption of the Constitution of Romania, in 1991. According to the document “First Periodic Report of the Civil Society on the Implementation of the UN Convention on the Rights of Persons with Disabilities” elaborated and published in March 2013 by National Disability Council in Romania “Until 1989, official data on people with disabilities were missing altogether or could be accessed only by those working in the institutional care system. The existence of these people was known only by family, neighbours, friends or the professionals that provided services to these persons. Public recognition of people with handicap by the social protection system in Romania started in 1990 by creating the State Secretariat for Handicapped (Government Decision – G.D. No. 1100 of October 13th, 1990) and the adoption of laws on the special protection of persons with handicap. On 1 st June, 1992, the Law No. 53 on special protection of the handicapped persons came into force;

within it, for the first time explicitly, appears: the equality opportunities, the alternative of some non-institutionalized protection forms and the concept of physical accessibility.”51

Brief history of the most important legislative rules issued after the events of 1989 in Romania – currently repealed, replaced by newer regulations, harmonized with the evolution of the rules in the domain, at European and international level:  GD. 1100/1990 on the establishment of the State Secretariat for the Handicapped;  GD. 1161/1990 regarding the tasks, organization and functioning of the Secretariat of State for the Handicapped;  Law no. 53/1992 on special protection of the Handicapped persons;  GD. 939/1997 regarding the reorganization and functioning of the Secretariat of State for the Handicapped;  GEO no. 102/1999 regarding special protection and employment of persons with Handicap;  GEO no. 192/1999 on the establishment of the National Agency for Child Protection and the reorganization of activities on child protection;  GD. 626/2000 for approving the Methodological Norms on employment conditions, rights and obligations of personal assistants for people with handicap;  GD. 22/2001 on the organization and functioning of the Ministry of Health and Family  GEO no. 12/2001 on the establishment of the National Authority for Child’s Rights Protection;  GEO no. 123/2001 regarding the reorganization of the Commission for Child Protection;  Law No. 519/2002 approving the GEO No. 102/1999 regarding the special protection and employment of persons with handicap;  GD. 1.215/2002 approving the National Strategy on special protection and social integration of people with handicap in Romania;  GO No. 14/2003 on the establishment, organization and functioning of the National Authority for People with Handicap;  GO No. 59/2003 regarding some categories of goods exempted from customs duty; 51

http://observatorul.ro/data/documente/308/21345.pdf

 GD. 1.385/2009 on the establishment, organization and functioning of the National Authority for the Protection of Family and Rights of the Child. <<The National Strategy 2006 – 2013>>3 approved by G.D. No. 1175/2005 is the document that underlie and guide the planning and implementation of social protection measures in the area of disability. The fundamental concept of <<The National Strategy 2006 – 2013>>3 is the choice – recognizing the right of persons with disabilities as active citizens who are able to choose and have control over their own lives. The strategy emphasizes the importance of care within the family of the people with disabilities, by creating and developing alternative social services in order to prevent institutionalization and support the integration or reintegration of a person with disabilities. <<The National Strategy 2014 – 2020>>4 must continue and develop the step initiated by the previous national strategy, based on the evaluation of results of its implementation and in line with the obligations under the international organizations’ documents to which Romania is a party. <<The National Strategy 2014 – 2020>>4 is currently in draft, not being approved at national level.

Currently, the protection of persons with disabilities is regulated by Law No. 448/2006 (republished, with subsequent modifications and adding) regarding the protection and promotion of the handicapped persons’ rights (Law no. 448), entered into force on January 03rd 2008, which defines disabled/ handicapped people as “those persons for whom the social environment, misfit to their physical, sensorial, psychic, mental and/or associated, deficiencies, prevents totally or restricts their access with equal opportunities society’s life, requiring protective measures to support integration and social inclusion” (art.2). “The rights of persons with disabilities under Law No. 448, relates to the following: a) health protection – prevention, treatment and recovery/ rehabilitation; b) professional education and training; c) employment and adaptation of the workplace, professional orientation and reconversion; d) social assistance, i.e., social services and social performances; e) dwelling, arrangement of the surrounding personal life environment, transportation, access to the physical, informational and communicational environment;

f) leisure, access to culture, sport, tourism; g) legal assistance; h) fiscal facilities.” “The protection and promotion of the rights of handicapped persons are based on the following principles: a) the observance of the fundamental rights and freedoms of the human being; b) the prevention and fight against discrimination; c) equality of chances; d) equal treatment regarding employment and occupation of labor force; e) social solidarity; f) rendering the community responsible; g) subsidiarity; h) the adaptation of the society to the special needs of handicapped person; i) the interest of the handicapped person; j) the integrated approach; k) the partnership; l) the freedom of option and the control or decision over one’s personal life, of the services and forms of support one benefits from; m) the person-focused approach in providing services; n) protection against negligence and abuse; o) the choice of the less restrictive alternative in determining the necessary support and assistance; p) the social integration and inclusion of persons with handicap, with equal rights and obligations as all the other members of the society.” Since the entry into force, Law No. 448 has undergone a number of substantial changes, and for the applications of some articles therein, was issued:  Methodological Norms approved by GD No. 268/2007;  Instructions (of November 12th, 2008) for the application of art. No. 78 of Law No. 448/2006 regarding the protection and promotion of rights of persons with handicap (issued by the National Authority for People with Handicap – NAPH and entered into force on December 5th, 2008);

 Joint Order issued by the MLFSP and the NAPH, No. 468/2009 on the approval of the Instructions for applying article No. 54 paragraph (4) of Law No. 448/2006 regarding the protection and promotion of rights of persons with handicap;  The Procedure for the application of the provisions of art. No. 42 of Law No. 448/2006 on the protection and promotion of rights of handicapped persons, in conjunction with those of the art. No.77 of Law No. 263/2010 regarding the unitary system of public pensions (issued by MLFSPE and entered into force on November 12th, 2013).5

Framing the degree of handicap is made under the Order jointly issued by the Ministry of Labor, Family and Equal Opportunities and the Ministry of Public Health, in 2007, with No. 762/1992, for the approval of medical and psycho-social criteria that determine the inclusion in a degree of handicap, successively amended in 2008, 2013, 2014 and 2015.Framing the degree of handicap (mild, medium, accentuated/ marked and severe) of an adult is made by the territorial Evaluation Commission of Adult Persons with Handicap, which is organized and operates under the provisions of the GD No. 430/2008.5 Afferent this report, we present below an attempt to schematize the steps to be followed by a disabled patient, in dealing with health care and social assistance structures, according to the existing rules, in order to frame in the properly degree of handicap – with related rights and facilities, including of professional re-insertion. Fig. 4 Attempt to schematically represent the circuit – covered in varying proportions, depending on the particularities and medical-administrative complexity of each particular case – of a handicapped patient, after a disabling event, till the moment of the social re-inclusion and of his/her possible work re-insertion

Unability to treat

Disability Partial recovery

Regional direction - Social support at the municipality

Complete Partial

If does not occur

Return to previous job/workplace

Regaining the working capability

Assesment of compliance with the job (workplace doctor) The Institute of Recovery of the Medical Expertise and Working Capability

Can Work

National Employment Agency Professional reorientation / training

Same job

Cannot Work

Home for retirement

Different job

different workplace in compliance with the active functional qualification - if possible to be provided by the employer

Work requalification Working with disability In case of discrimination

National Council for fighting against discrimination

The Law No. 76/20025 on the unemployment insurance system and workforce employment stimulation provides for employers in Romania that hire, on undefined period of time, graduated handicapped persons, a monthly subsidy for each graduate, for a period of 18 months. The Labor Code, approved by Law No. 53/20035, as further amended and supplemented, interdicts any direct or indirect form of discrimination, against an employee, based on handicap. It also provides for employees that “the setting and providing the wage forbids any discrimination on grounds of gender, sexual orientation, genetic characteristics, age, nationality, race, colour, ethnicity, religion, political opinion, social origin, handicap, family situation or responsibility, trade union affiliation or activity” and for employees with handicap an additional leave of at least 3 working days more than the statutory minimum. According to the G.O. No. 68/20035 regarding social services, as amended and supplemented subsequently, “a handicapped person benefits from: a) recovery and rehabilitation; b) support and assistance for the handicapped person and his/her family; c) aid and assistance for the integration, readjustment and vocational retraining; d) social and medical care; e) social mediation; f) counselling; g) personal assistant for the person with severe handicap; h) any other measures and actions aimed to maintain restore or develop the individual capacities, to overcome a situation of social needs.” Besides the normative documents previously stated in the report, we list a supplementary number of regulatory acts still applicable including to persons with disabilities:5  Law No. 74/1999 ratifying the revised European Social Charter, adopted in Strasbourg on May 3rd, 1996;  GO No. 137/2000 on preventing and sanctioning all forms of discrimination;  GD. No. 427/2001 approving the Methodological Norms on employment conditions, rights and obligations of personal assistants for people with handicap;  GD. No. 696/2001 approving the Methodological Norms regarding financing of projects in the field of special protection of handicapped persons and administration of the units jointly funded by the State Secretariat for Persons with Handicap and

non-governmental organizations of people with handicap or which activates in the field of special protection of handicapped persons;  Law No. 202/2002 on equal opportunities and equal treatment between women and men;  Fiscal Code approved by Law No. 571/2003;  Law No. 272/2004 for child’s protection;  GD. 680/2007 approving the Methodological Norms regarding the manner of granting the rights to free interurban transport for people with handicap;  GD. 787/2007 on establishing measures to ensure the application of Regulation (EC) No. 1.107/2006 of the European Parliament and of the Council of 5th July 2006 concerning the rights of handicapped persons and of persons with reduced mobility traveling by air;  MLFEC Order No. 671/2007 approving the methodology for authorization of sign language interpreters and specific language interpreters for deaf-blind persons;  MLFSP Order No. 1372/2010 approving the procedure for authorizing protected units;  Law No. 151/2010 regarding specialized integrated health, social and educational services for people with autistic disorders and with associated mental health disorders;  Law No. 221/2010 ratifying the Convention on the Rights of Persons with Disabilities, adopted in New York by the UN General Assembly on December13th 2006, opened for signature on March 30th 2007 and signed by Romania on September 26th, 2007;  Law No. 263/2010 on the unitary public pension system;  MLFSP Order No. 1.106/2011 for the establishment of electronic registers regarding persons with handicap;  National Education Law No. 1/2011;  Social Assistance Law No. 292/2011;  Order issued by the Ministry of Regional Development and Public Administration No. 189/2013 for the approval of the technical regulation "Norms on the adaptation of civilian buildings and urban space to the individual needs of people with handicap, indicative NP 051-2012 - Review NP 051/2000";

ď&#x201A;§ GD. 400/2014 for the approval of service packages and Framework Contract which regulates the providing of medical assistance conditions within the social health insurance system for the years 2014-2015, with the subsequent modifications and adding; ď&#x201A;§ MH Order No. 619/2014 approving the Methodological Norms for the application in the year 2015 of the GD No. 400/2014 for the approval of service packages and Framework Contract which regulates the providing of medical assistance conditions within the social health insurance system for the years 2014-2015, with the subsequent modifications and adding. A simple glance at the legal acts adopted in the national law system on handicapped persons shows us how dispersed and heterogeneous the legislation on these people is, but on the other hand, also the constant intention of the authorities to align national legislation to international standards in the field.

3.2. Adjustments/ facilities for disabled employees at the working place

In accordance with provisions of Law No. 448, any person with disabilities, able and included in the labor market is entitled to a reasonable adjustment of the workplace. The adjustment/ adaptation are the process of transformation of the physical and the informational environment, of the products or systems, to make them available also for to persons with handicap. Reasonable accommodation in the workplace is made by the employer and represents all changes performed by it; facilitate the exercise of the right to work for people with disabilities. Adjustment/ adaptation entails modification of the work program, procurement of equipment, devices, assistive technologies and other similar measures, that are aimed at increasing the efficiency in the workplace, to cover his/her special needs. The work space for the handicapped person, adapted to his/her needs, including at least work place, equipment, toilet and access routes represents in compliance with Law No. 448, a protected work place for the disabled person. For the purposes of the same normative document, assisted employment is the hire option that facilitates work in regular employment on the competitive labor market and involves

providing assistance for job search and at the workplace, transportation, assistive technologies, training, and specialization. According to Council Directive No. 2000/78/EC establishing a general framework for equal treatment in employment and occupation conditions52 “employers shall take appropriate measures, where needed in a particular case, to enable a person with a disabilities to have access to, participate in, or advance in employment, or to undergo training, unless such measures would impose disproportionate costs on the employer”. Employment of people with disabilities lead to the consolidation of a long-term relationship between employee - employer that ensures, thus, the company's activity in a steadily and profitably rhythm, but also promotes the company's image in the community. Measures taken to combat discrimination against people with disabilities in the workplace may concern:53  “adaptations to the premises such as widening a doorway, building a ramp or moving furniture for a wheelchair user, repositioning switches, door handles or shelves for people who do not reach them, or ensuring adequate contrast in decor to help the safe of persons with visual impairments;  allocating some of the disabled person's duties to other persons;  the transfer person to occupy an existing vacancy;  alternating of working and training hours: flexible program for the person with disabilities, to enable him/her to benefit from additional breaks, to prevent fatigue caused by his/her disability;  allocation of a person in a different job or training place;  permission of the person to absent during working or training time for rehabilitation (/recovery – o.n.) program, control or treatment;  providing or creating conditions for training (for person with disabilities or others);  providing an interpreter;  providing monitoring or other support;  hiring an assistant for disabled employees;  changing conditions of remuneration related to performance.” 52

http://www.anr.gov.ro/docs/legislatie/internationala/Directiva_Consiliului_2000_78_CE_RO.pdf Report <Guidelines on reasonable accommodation of work place to facilitate the professional integration of people with disabilities> performed under the Contract Twinning RO 2007/IB OT-02TL "Support for the employment of people with disabilities" 53

Examples of interventions concerning adjustment/ adaptation of working environment for a person with disabilities:  Access ramp in locations;  Toilets adapted to allow manoeuvring a wheelchair;  Access to elevator or corridors to and from work;  Luminosity and appropriate signage of risk areas;  Desks with adjustable height;  Easy access to major specific work equipment, printer and phone/fax;  Specific Technical Aids of informatics type: large screen/ keyboard/ mouse, tailored programs adapted to Braille, voice command;  Easy communication means with colleagues;  Adaptation of the daily work program;  Rest time/ additional paid holidays;  Training adapted to the needs;  Existence of a tutor. “The duty to make reasonable adjustments arises when a provision, criterion or practice applied by the employer or on his behalf, or any physical condition of the workspace occupied by the employer puts a disabled person at a substantial disadvantage compared to persons without disabilities. The duty to make reasonable adjustments applies in recruitment and in all stages of employment, including dismissal. It can remain in force even after the employment ended. The obligation relates to all employees and to any person with disabilities that is looking for a job, including to public officials with disabilities.”54

3.3. Adjustments / facilities for disabled public officials

In Romania, equal rights are guaranteed by the Constitution: "All citizens are equal before the law and public authorities, without privileges and without discrimination"2, no one being above the law.

http://www.combat.info.ro/uploaded_files/Ghid%20privind%20dezvoltarea%20de%20noi%20locuri%20de%2 0munc%C4%83%20protejate.pdf

Regarding adjustments/ facilities at the work place for public officials with disabilities, in Romania they are not in the current legislative framework, specific provisions for the, adaptations/ facilities mentioned in the report for employees and persons with disabilities in general, being applicable equally and without privileges, to public officials with disabilities, too. A positive example in terms of the attitude towards socio-professional reintegration of disabled public officials in Romania is Mr. Ioan Narcis Chisăliţă. Mr. Ioan Narcis Chisăliţă, Member of the Romanian Parliament, was the victim of a road accident on November 22nd 2010, getting admitted to the Teaching Emergency Hospital “Bagdasar-Arseni”, in Bucharest. Following the accident, Mr. Chisăliţă suffered a cervical spinal cord injury, which needed neuro-surgical intervention, followed by a complex and sustained neuro-rehabilitation program. After the accident, he remained with complete tetraplegia with neurological level C7 – being at the present a disabled person, immobilized in a wheelchair, but with a relatively good regaining of the upper limbs’ functionality.55 Currently he holds the position of Adviser of the Prime Minister's Office, the appointment of Mr. Ioan Narcis Chisăliţă being made on 03.08.2013, by Order No. 152, issued by the General Secretariat of the Romanian Government. As a completion of the section 3.3 it has also to be mentioned the example of a disabled person with socio-professional complete reintegration, but who does not have a public official status. Specifically it is about Univ. Prof. Gelu Onose, MD, PhD, MSc who, following a road accident, suffered abroad in 2000 and being improperly medically and surgically treated, remained completely paraplegic with T10 neurological level. With two medical specialities (no one surgical), Prof. Gelu Onose was reintegrated in his professional activity although being in a wheelchair, both in healthcare and in teaching and scientific research activity fields. Thus, since 2005 he has been nominated head of the Neuro-Rehabilitation Clinic Division, at the Teaching Emergency Hospital “Bagdasar-Arseni”, in Bucharest, and in 2007 he became President Co-Founder of the Romanian Spinal Cord Society (RoSCoS), and respectively, since 2008 he is a PhD tutor at the "Carol Davila" University of Medicine and Pharmacy, in Bucharest – but all these entailing huge and permanent supplementary efforts, from his part and of his family, to compensate the very severe physical disability. 55

Information provided by Prof. Gelu Onose MD, PhD, MSc, Emergency Hospital "Bagdasar-Arseni" Bucharest

IV.

VIOLATION OF RIGHTS TO WORK OF DISABLED PEOPLE 4.1. Violations of the related legislation

According to the provisions of Law No. 448, the juridical liability is limited to pecuniary sanctions in most cases. The law sanctions with a penalty of 6,000 – 12,000 lei the violation of the disabled people’s rights to free and equal access to all forms of education, no matter their age and according to the type and degree of disability, as well as with their educational needs. In order to ensure the common transport of the disabled people, the authorities of the local public administration are sanctioned with the same penalty for:  Failure to purchase adapted public transport means;  Failure to adjust the current public transportation means, within the possible technical limits, according to the regulations in force;  Failure to develop transport programs for the disabled people in cooperation or in partnership with public or private juridical persons. In order to ensure the public transport of the disabled people, Law No. 448 provides a deadline for facilitating the free access of persons with handicap to transport and travel, which is overdue for over 4 years by the authorities of the local public administration. Thus, according to art. 64 of the Law No. 448, until the 31st December 2010, the authorities of the local public administration had to take measures for: a) Adaptation of all current means of public transport; b) Adaptation of all the public transport stops in compliance with the legal provisions, including marking by tactile pavement of the entry door access spaces to the public transport mean; c) Fixing of the signboards corresponding to the needs of people with sight and hearing disabilities in the public transport means. Unfortunately, in Romania the public environment is still inaccessible for the disabled people in many cases. There are still plenty of public institutions working directly with the public, which yet have no access ramps in their buildings. The access ramp is helpful not only for the disabled people, but also for the elderly, for mothers with children in prams, or for goods

transport. Despite this, there are still buildings of the local and central authorities which are not endowed with such a simple access device.56 Recently enough, in January 2015, according to an article that was presented by a television channel with national coverage and afterwards published on its own webpage, with the title “Disabled people in Romania humiliated by the CFR (Romanian Railroads Company). What have the access ramps been replaced by? Revolting situation in 2015 in Romania. The disabled people travelling by train have to endure humiliations which are unconceivable for Western people”57 there can be noticed that the adaptation of all means of transport in Romania is a duty which is not respected even at the highest level, as CFR is the national railroad transporter in Romania. According to the article mentioned above, disabled/ with low mobility people “... are carried in the arms by the CFR employees or transported with luggage carts, because our trains do not have special ramps.... In Romania only few carriages have ramps for the disabled people. Seven young people from Targu Jiu who are students in Targoviste are very embarrassed every time they travel by train. Because of their disabilities, they cannot climb in the train by themselves. Even though they ask for a special ramp every time, this never appears in place”. Daniela Bacoi, CFR Tg. Jiu official: According to the regulations in force, we are obliged to help them get into the train, to ensure all comfort. We also have a special carriage. Only the special carriage, in the absence of a ramp, is useless. On the contrary, the students say. "A healthy person cannot climb into it either; this is one meter and a half high… It is the height of one normal person ….We thank them ", says one of them. Maria Isabela Dobrota, student: "Why do we have to ask all the time for help from the CFR personnel or the other travellers? Is it fair that we have to suffer this in a civilised country? I think that nowhere is like that". Concluding, even if the legislation in force regarding the protection and the promotion of the disabled people’s rights - contributes to the observance of the European regulations on the accessible public environment, reality looks different. In most cases, the public institutions

http://cncd.org.ro/files/file/Studiu%20accesibilitate%20persoane%20cu%20dizabilitati%202013.pdf http://stirileprotv.ro/stiri/social/persoanele-cu-dizabilitati-din-romania-umilite-si-de-cfr-cu-ce-au-fost-inlocuiterampele-speciale-din-gari.html 57

invoke the lack of the necessary funds for any issue connected with the violation of the legislation in force and most frequently for the lack of accessibility means.

Law No. 448 also sanctions with fines from 6,000 lei to 12,000 lei the following:  Violation of the right to social assistance under the form of social services;  Inobservance of a social service provider’s duty to promote, facilitate and ensure for his personnel, programs of vocational training and of specific training regarding the issues of disabilities and the specific legislation;  Inobservance of the public authorities’ duty to take specific measures in order to ensure the access of the disabled people to the physical, informational and communicational environment. According to art. 61 of Law No. 448, the specific measures taken in order to ensure the access of the disabled people to the physical, informational and communicational environment are: a) “to promote and to implement the concept of Access for All, in order to prevent the appearance of new barriers and new sources of discrimination; b) to support research, development and production of new information and communication technologies and new assistive technologies; c) to recommend and to support the introduction in the initial formation of pupils and students of some courses on the disability subject matter and the needs of such persons and on the modalities of diversifying accessibility; d) to facilitate the access of the handicapped people to the new technologies; e) to ensure the access to the public information for the disabled people; f) to ensure authorised translators of the mimic-gestural language or of the specific deaf-and-dumb language; g) to design and to implement, in cooperation or in partnership with public or private juridical persons, programs on accessibility or to raise the awareness

on its

importance.” The central and local, public or private authorities and institutions are liable to ensure authorised translators of the mimic-gestural language or of the specific deaf-and-dumb language. The violation of this duty is sanctioned with a contravention fine from: 6,000 lei to 12,000 lei.

Parking other vehicles on the parking places that are adapted, reserved and signalled with the international sign for disabled people is sanctioned with a contravention fine from 200 lei to 1,000 lei and the vehicle is removed from the referred parking place. Regarding the parking of the vehicles, on the adapted places there are to be mentioned some measures taken by private companies. For example, a mall in Bucharest sanctions the drivers who park abusively on the places reserved for the disabled people by blocking their wheels. The drivers cannot leave the mall parking until they pay 100 lei and the collected money is donated by the mall board to the organizations that promote and protect the disabled people’s rights.58 Law No. 448 sanctions with a contravention fine from 15,000 lei to 20,000 lei (the -largest fine provided by this law), the violation of the legal obligation of the public authorities and institutions, public and private juridical persons, with a least 50 employees, to hire disabled people for at least 4% of the total number of employees. Actually, even if at first sight, it seems a measure taken in favour of the disabled people (easier employment according to their professional training), this measure is not effective for such persons, because the same Law No. 448 introduce an exception to the sanction – the employers are not sanctioned if:  they pay to the state budget a monthly sum of money representing 50% of the minimum gross salary multiplied by the number of workplaces unoccupied by disabled people;  they buy products or services realised through their own activity by disabled persons employed in authorised protected units, based on partnership, worth in an equal amount of money, with the budget state sum, calculated as described above. Another legal regulation which prevents and sanctions all forms of discrimination is GO No. 137/2000 regarding the prevention and sanction of all forms of discrimination with further modifications and supplementations. The sanctions are applied depending on the envisaged discriminated people i.e. for a physical person the fine is from 1,000 lei to 30,000 lei, and for a group of persons or a community, from 2,000 lei to 100,000 lei.

http://m.ziare.com/auto/parchezi-abuziv-pe-locurile-destinate-persoanelor-cu-handicap-platesti-100-de-lei1330065

4.2. Violations of the related attitude / behaviour

According to GO No. 137/2000, with further modifications and supplementations, regarding the prevention and sanction of all forms of discrimination, in Romania, the National Council for Combating Discrimination (NCCD) is the guarantor for the observing and the applying of the discrimination principle, as an autonomous state authority with activity in the discrimination domain and with attributes of investigation and sanction of the discriminatory acts, too. One of the legislation infringements and of the behaviour regarding the discrimination of disabled people, sanctioned by NCCD, occurred in 2011.59 Hence, Following a Press Release of the MLSP and presented by Mr. Sebastian Lăzăroiu, the NCCD took notice on the insulting information regarding the disabled people, such as: “The new trend is the psychic handicap”, “Beneficiaries have passed from the framing of sight disability, especially to that of psychic disability (Alzheimer, dementia, retard), these are files and papers which can be more easily forged”, “all over the country the population decreases, while the number of disabled people increases” as well as on the publication of medical diagnosis of a person who “suffers, according to the existent data from a psychiatric disease (paranoid schizophrenia – a major psychosis that may affect the discernment”. NCCD by the Decision No. 79/29.02.2012 declared that the statements made in the Press release violate the law in force and sanctioned MLSP with a fine. As a conclusion, if an institution/ dignitary people which has inclusively the duty to fight for the disabled people’s rights and obligations proceed, in relation to such persons, to statements considered discriminatory and sanctioned by the responsible bodies, the question that arises is: what can disabled people expect from an institution which calls them: “professional forgers, producers of trends in law violation, and in undeserved appropriation of public funds”.60 On 12 December 2013, the former Minister of Culture, Mr. Daniel Barbu was forced to resign as a result of a discriminatory statement on HIV/ AIDS persons: "At the debate on the budget in 2014, there was a thing that struck me, really shocked me. Believe me; I do not want to seem cynical, with all due respect to that category of our fellow citizens. The budget of national program for prevention and treatment of HIV/ AIDS is half the budget of all 59 60

National Council for Combating Discrimination Decision no. 79/29.02.2012 Quotation from the content of the NCCD Decision no. 79/29.02.2012

programs of the Ministry of Culture. So, we have the Ministry of Culture and the national program for the control and treatment of HIV/ AIDS. Half. One to two. In my opinion, we are not in South Africa. There aren’t millions of fellow citizens affected by this hideous scourge of our times. Personally, I don’t understand. I was shocked when I realized how many events such the Craiova Shakespeare Festivals or how ample we could we make an event like this, unless we have that program or if it would cost half."61 Following the declaration, <<Tuesday (December 10, 2013 – o.n.) the Ministry of Culture issued a statement in which it was announced that Mr Barbu "deeply regrets" "the unfortunate comparison" between the budget of HIV/ AIDS prevention program and the budget of the programs of the Ministry that he was leading and that he apologized "to all those whom he have offended or harmed by these inappropriate statements">>.61 <<The statements of Minister Daniel Barbu were negatively commented by the Romanian President Traian Basescu (on duty at that time – o.n.) and by the leader of the National Liberal Party (NLP), Crin Antonescu (also on duty at that time – o.n.). Following this declaration, National Union of Organizations of Persons Affected by HIV/ AIDS (NUOPA) said << ... noted with concern the statements made by Culture Minister Daniel Barbu and therefore notified the National Council for Combating Discrimination (NCCD). "We also believe that Mr. Daniel Barbu’s remarks are an invitation to stigma and discrimination against this category of patients, who are, after Minister’s opinion, to be blame for the lack of festivals in Romania. We consider the suggestion related to the closure of HIV/ AIDS National Treatment Program equivalent to a conviction the Government is preparing for these patients, who come mostly from the children infected at birth in the medical system of the years 1988-1990". According to NUOPA, in a civilized country, if a minister made such statements publicly, the next day he would present his honourable resignation lest he should further affect the image of the Government. "UNOPA is just asking the minister to apologize publicly to the over 12,000 HIV-infected people in Romania for the way he instigated the Romanian population against them.>>62 In June 2014 a television channel with national coverage presented, under the title “One day in the life of Abel, the young man who is waiting in his wheelchair for hours a bus with a 61

http://www.mediafax.ro/politic/daniel-barbu-si-a-dat-demisia-din-functia-de-ministru-al-culturii-ponta-confirmdemisia-lui-barbu-o-trimit-cu-noua-propunere-dupa-ce-discut-cu-pnl-si-basescu-exclusiv-11758984 62 http://www.rfi.ro/politic-75081-unopa-cere-demisia-ministrului-culturii-daniel-barbu-dup-declara-ia-acestuiadespre

ramp63” the story of a disabled person “stuck in his wheelchair” who „everyday waits for hours for a bus to take him from the bus stop”. According to the article, this happened in Suceava, where “there is no public transport vehicle with a functional ramp for wheelchairs and many disabled people depend on the drivers’ pity” But on the official website the local public transport company boasts with modern equipment for the disabled people. But, as it often happens, it is a long way from words to deeds. „Abel Popovici is 22 years old, and he was born with a muscle dystrophy. He could walk until he was 14, then his illness aggravated and he remained in a wheelchair. 6 years ago, the local public transport company Suceava offered him a complete free season ticket but the young man could not use it. None of the company buses has a functional ramp for disabled people or for baby prams”. This is the whole dialogue, as available on the webpage of the television channel (article source). <<First bus, dialogue with the driver "- The ramp is broken. - Why is it broken? - The screw which releases it is broken. Maybe the next bus will take you ..." Resigned, Abel is waiting for a quarter of an hour for the next bus. But in vain: The second bus, the second driver "- None of the ramps works… -What about the new buses? - None of them works" Desperately, the young man is waiting in the bus station for another half an hour until the third bus arrives. The driver does not hide his surprise when he is asked about the facilities for people with handicap. The third bus, the dialogue is more and more absurd "- Good morning. Please release the ramp. I want to climb in. 63

Sursa: http://stirileprotv.ro/stiri/social/o-zi-din-viata-lui-abel-tanarul-care-asteapta-in-carucior-ore-in-sir-unautobuz-cu-rampa-degeaba-stai-ca-nu-te-ia-nimeni.html

- It has never been released! - Why has it not been released? - What am I supposed to do? I don’t even have a key for the ramp!"

After having awaited almost one hour in the station almost one hour the fourth bus arrives, but for Abel it is useless. "- Please release the ramp so I could climb in ... - It does not work! - But why it does not work? - Because it does not work. It is stuck... -Why are you shouting? - What do you want, my child? Don’t you understand that it is stuck? What do you want me to do? I’ll help you. It does not work. It never worked. - You cannot do this by yourself, you need 4-5 people. - So, what am I supposed to do? It does not work. It’s useless to stay in the bus station. Nobody will take you." Revolted, the passengers are shouting at the driver. "- Read the law, you should know what it’s written in the law! You must take him! - I don’t take him? You take him at your home, if you want. I am not manufacturer of buses! " Some passengers are getting down helping the young man climb. On the official website, the institution boasts that it has the most modern transport means. But in the vehicle park there is no bus with a functional ramp. The manager seems resigned. He declares that he has ordered all personnel to help disabled people unconditionally to get in the bus, but Abel contradicts him: "Once, I stayed two hours and a half, 12 buses, I have counted them on my fingers". In the Suceava county 4,000 of disabled people have problems with their access to public transport >> (end of the article).

Another instance of practice violation by recent data, is at the beginning of May 2015. At a medical conference, although the venue was equipped with a portable ramp, the travel company responsible for the logistical aspects of holding that congress, its employees involved in that activity, were not aware of the existence of mobile ramps for people in wheelchairâ&#x20AC;&#x2122;s access, where the steps were towards presentation and exhibition halls of medicines and equipment. Thus, in strict legal terms, the owner of the building where the congress took place were respecting the law, as having provided that mobile ramp, but the employees of the respective tourism company had a careless/ dismissive attitude towards the special needs of people in wheelchairs. This unwanted event is more serious as the congress was in the field of a major medical specialty dealing with patients with severe disabilities (o.n.: event lived and narrated by Prof. Gelu Onose). As such â&#x20AC;&#x153;eventsâ&#x20AC;? are still frequent in Romania, we conclude that the issue of the rights of people with disabilities is not only the concern of the state institutions, but of the society as a whole, as well.

GENERAL ASSESSEMENT. RECOMMENDATIONS

Positive aspects In Romania, the National Health Insurance House (NHIH), by a special program of public health (which started in 2008) ensures the free provision of urinary catheters for intermittent bladder probing for patients – disabled people – with neurogenic bladder. So, NHIH ensures to each such needing patient, based on specialized medical recommendation, 4 catheters (of single use and of good quality)/ day as long as it is necessary (even for life). We think this medical, social and economic effort of our health system (with beneficial consequences for the individual autonomy, and with important related propensive valences, including with the possibility to continue/ re-integrate in the work/ activity for the patients with neurogenic bladder) is commendable and it is not made very often, at international level; by similitude, even more developed countries do not always grant this facility in such a empathic way Romania does. The use of catheters for intermittent bladder probing 4 times/ a day enables this category of disabled people an “autonomy” of approximately 6 hours between probing (thus eliminating the need to constantly wear an indwelling catheter and a collector bag under clothes); thus, the employees with such disability/ handicap obviously improve the level of their professional performance, based on both: the physical and psychic levels.

Negative aspects  The national legislation has taken over most of the Communitary legislation, but the public institutions involved in the protection and promotion of the disabled people’s rights, add to these laws by adopting some ministry or state secretary orders, a various application norms, emergency ordinances, regulations – which create a bureaucratic legislative framework often confusing, that may dissipate their applicability.  Currently the <<National Strategy 2014 – 2020>>4, has been published, but was not approved by the Romanian Government. Consequently, the engagement assumed by Romania through adopting the Law No. 221/2010 regarding the ratification of the Convention on the Disabled People’s Rights, that refers to the importance of the promotion, protection and ensurance of full exercising, and in equality conditions, of all the fundamental human rights and

freedoms by all the disabled persons, and the increase of their quality of life, is based on the <<The National Strategy 2006 – 2013>>3.  Failure to implement a unique national electronic register for one of the most severely debilitated categories of persons, the ones with neuro-/ locomotor deficiency: with sequels after spinal cord injuries – people with serious mobility limitations – although it has been developed (by a team of specialists from the Neural-Muscular Rehabilitation Clinic Division, from Teaching Emergency Hospital "BagdasarArseni", in Bucharest, with Prof. Gelu Onose as scientific research Project Manager) and patented by the State Office for Inventions and Trademarks – SOIT/ OSIM (OSIM registered model No. RO 00006 2011). In synthesis, it can be considered the main issue in this area does not consist in the promptitude – which is good, in general – of the national transposition of international principles and regulations, but in principal in the fact that these regulations are not implemented in practice effectively or not seldom, they are not applied at all, and the factors responsible for their implementation suffer insignificant consequences or no consequence at all, because in Romania there is not yet an efficient form of the system’s control.

Recommendations:  Uniform terminology for defining and using the concepts of handicap, disability and special needs;  Implementation of an informatics system for the monitoring of the promotion and the observance of the disabled/ with special needs people’s rights;  Adopting measures for inter-institutional communication improvement and of the centralised registration system of the handicapped/ disabled/ special needing persons, of the related data collection and for deficiencies identify in the implementation of the profile specific legal regulations – based inclusively on a general statistical investigation, coordinated and valid, in order to have a right and ensemble view of the real situation regarding the number of people with disabilities;  Accessible education system for all children/ adults/ older people – with disabilities/ special needs  Supporting people with disabilities/ special needs in their professional skills’ development, for searching/ finding, maintaining of a job or getting back to work;

 A higher level of information of the employers regarding the provisions of the legislation in force referring to their rights and duties, together with a higher level of their information regarding disabilities/ special needs and the capabilities of this persons, and a better stimulation of all interested parts in the issue/ purpose of employment/ professional re-insertion of people with disabilities/ special needs;  A database available for employers, containing information on the disabled/ with special needs people who are looking for employment, which could contain the employers’ rights and duties, the disabled/ with special needs people’s rights and duties, the possible risks of employing a disabled person/ with special needs, contact data;  More active counselling of employers regarding the adjustment/ adaptation of the workplaces for the disabled/with special needs persons.

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“Actual data related to spasticity and its complex treatment” – Editor: A. Anghelescu; Authors: A. Anghelescu, C.F. Ion, A.S. Mihăescu, A. Mirea, A. Nechita, L.Pădure; pp.:387-415 – Chapter 11, in: Compendium of neuro -rehabilitation - in adults, children and seniors – G. Onose și L. Pădure (main authors and coordinating editors), Universitary Publishin House “Carol Davila”, Bucharest, 2008)

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„First Periodic Report of the civil society on the implementation of the UN Convention on the Rights of Persons with Disabilities" elaborated and published in the March 2013 National Disability Council in Romania http://observatorul.ro/data/documente/308/21345.pdf

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Anghelescu A., Onose G., Ciurea A.V. – Romanian Contributions to the development of the international project “ICF Core Sets – for Spinal Cord Injury”. Neurosurgery, XIV(1):23-29, 2007

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Bucharest University – Sociology and Social Assistance Faculty, Dissertation paper, Inclusion Policies on Social Reintegration of Persons with Disabilities, Bucharest, 2009

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Charter of Fundamental Rights of the European Union http://www.europarl.europa.eu/charter/pdf/text_en.pdf

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Council Directive 2000/43/EC regarding the implementation of the principle of equal treatment between persons irrespective of racial or ethnic origin www.cncd.org.ro/Files/?FileID=65

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Council Directive 2000/78/EC for establishing a general framework in favor of equal treatment in employment and work conditions http://www.anr.gov.ro/docs/legislatie/internationala/Directiva_Consiliului_2000_78_C E_RO.pdf

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Cruice M., Worrall L., Hickson L. şi col. – Measuring quality of life: Comparing family members’ and friends’ ratings with those of their aphasic partners, Aphasiology, 19, 2, 111-129, 2005

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Declaration on the Rights of Mentally Retarded Persons (International human rights regulations guide for people with intellectual disabilities. Authors – Klaus Lachwitz, Nancy Breitenbach) www.pentruvoi.ro/upload/content/Ghidul_reglementarilor_internationale_cu_privile_l a_drepturile_persoanelor_cu_dizabilitati_intelectuale.pdf

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http://stirileprotv.ro/stiri/social/o-zi-din-viata-lui-abel-tanarul-care-asteapta-incarucior-ore-in-sir-un-autobuz-cu-rampa-degeaba-stai-ca-nu-te-ia-nimeni.html

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http://stirileprotv.ro/stiri/social/persoanele-cu-dizabilitati-din-romania-umilite-si-decfr-cu-ce-au-fost-inlocuite-rampele-speciale-din-gari.html

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http://www.mediafax.ro/politic/daniel-barbu-si-a-dat-demisia-din-functia-de-ministrual-culturii-ponta-confirm-demisia-lui-barbu-o-trimit-cu-noua-propunere-dupa-cediscut-cu-pnl-si-basescu-exclusiv-11758984

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http://www.mmuncii.ro/pub/imagemanager/images/file/Domenii/Incluziune%20si%20 asistenta%20sociala/ Proiecte_cu_finatare_externa/2%20-%20JIM_Romania.pdf

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McCormick – Operationalizing Community Integration via the ICF Advancing a research agenda for ICF,10th North American Collaborating Center Conference on ICF, 2004

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National Institute of Statistics. Press Release, no. 258, from 5.12.2011.Employment of persons with disabilities



Neamțu, G., Social Assistance Handbook, Polirom Publishing House, 2000



Order of the Minister of Health and President of the National Health Insurance approving the Methodological Norms in year 2015 of the Government Decision no. 400/2014 for the approval of service packages and Framework Contract which regulates medical assistance in social health insurance scheme for the years 2014 – 2015



Recommendation No. R (92) for a coherent policy for equalization of opportunities for persons with disabilities https://wcd.coe.int/com.instranet.InstraServlet?command=com.instranet.CmdBlobGet &InstranetImage=2398057&SecMode=1&DocId=602414&Usage=2



Regulation (EC) No 883/2004 of the European Parliament and of the Council of 29 April 2004 - http://european-employers.eu/en/regulation-ec-no-8832004-europeanparliament



Report <Guidelines jobs reasonable accommodation to facilitate the professional integration of people with disabilities> performed under the Contract Twinning RO 2007/IB/OT-02TL "Support for the employment of people with disabilities"



Robert F. Drake, Understanding Disability Policies, Palgrave MacMillan, 1999



Standard Rules on the Equalization of Opportunities for Persons with Disabilities www.un.org/disabilities/default.asp?id=26



The National Strategy concerning social inclusion of people with disabilities 2014 – 2020 Social policies - from „rehabilitation„ of the individual to society reform http://www.mmuncii.ro/j33/images/Documente/protectie_sociala/DPPD/2014-0131_Strategie_DPPD-2014-2020.pdf



The National Strategy for the protection, integration and social inclusion of the handicapped persons for 2006 – 2013 “Equal opportunities for people with handicap - towards a society without discrimination” http://www.mmuncii.ro/pub/imagemanager/images/file/Legislatie/HOTARARI-DEGUVERN/HG1175-2005.pdf



The Treaty on the Functioning of the European Union - http://eur-lex.europa.eu/legalcontent/RO/TXT/?uri=CELEX:12012E/TXT



Universal Declaration of Human Rights – http://www.anr.gov.ro/docs/legislatie/internationala/Declaratia_Universala_a_Drepturi lor_Omului.pdf



WHO 2014-2021 Action Plan "Better health for all people with disabilities" http://www.who.int/disabilities/actionplan/en/



World Programme of Action Concerning Disabled Persons www.un.org/disabilities/default.asp?id=23



World Report on Disability http://apps.who.int/iris/bitstream/10665/44575/20/9789730135978_rum.pdf



www.combat.info.ro/uploaded_files/Ghid%20de%20buna%20practica%20privind%20 accesibilitatea%20la%20locul%20de%20munca%20a%20persoanelor%20cu%20handi cap.pdf



www.mmuncii.ro/j33/index.php/ro/2014-domenii/protecție-socială



www.who.int/disabilities/en/



Zamfir, C., Zamfir, E., Social Policies. Romania in European Context, Alternative Printing House, 1995



Zamfir, E., Anti-Poverty Strategy and Community Development, Expert Publishing House, 2000

Note: national regulation documents mentioned as the source in the contents of the report were accessed in May 2015 using online software legislation www.legisplus.ro

GRAPHICS 1.

Graphic 1. The number of persons with disabilities on December 31st 2014

Graphic 2. The evolution of persons with disabilities, during December 2006 December 2014

Graphic 3. The percentage distribution of persons with disabilities figured on development regions, at December 31st 2014 (%)

Graphic 4. The number of persons with disabilities by development regions, on the 31st of December 2014

Graphic 5. The number of persons with disabilities in counties, on December 31st 2014

Graphic 6. The number of persons with disabilities assigned by the type of handicap, on December 31st 2014

Graphic 7. The number of persons with disabilities distributed on age and sex groups, on December 31st 2014

Graphic 8. The share of persons with disabilities, by age groups, on December 31st 2014

Graphic 9. The number of persons with disabilities, distributed by types and degrees of handicap, at December 31st 2014

10. Graphic 10. Residential and non-residential public institutions of social assistance, for adult persons with disabilities, coordinated by the Ministry of Labour, Family, Social Assistance and Elderly through the Department for Disabled Peopleâ&#x20AC;&#x2122;s Protection, at December 31st 2014 (represented by type, number and percent) 11. Graphic 11. The share of the employed disabled persons, by type of handicap 12. Graphic 12. The employment rate of persons with and without disabilities, by age groups

FIGURES

Fig. 1 Approach of health state issues based on the WHO classification of ICF – DH disease consequences (2001)

Fig. 2 The influence of environmental and individual aspects on health state, from the perspective of the ICF-DH classification

Fig. 3 Limited activity and restricted participation are major factors which determine the quality of life level

Fig 4 Attempt to schematically represent the circuit – covered in varying proportions, depending on the particularities and medical-administrative complexity of each particular case – of a handicapped patient, after a disabling event, till the moment of the social reinclusion and of his/her possible work reinssertion

Source (Fig. 1-3): “Actual data related to spasticity and its complex treatment” – Editor: A. Anghelescu; Authors: A. Anghelescu, C.F. Ion, A.S. Mihăescu, A. Mirea, A. Nechita, L.Pădure; pp.:387-415 – Chapter 11, in: Compendium of neuro -rehabilitation - in adults, children and seniors

– G. Onose și L. Pădure (main authors and coordinating editors),

Universitary Publishin House “Carol Davila”, Bucharest, 2008)

TABLES

Table 1 -The number of persons with disabilities employed in every county, on December31st 2013

Table 2 - The number of persons with disabilities employed in every county, on December31st 2014

MAIN ABBREVIATIONS Art.

Article

DCP

Department of Child Protection

DPDP

Direction for the Protection of Disabled People

European Union

Government Decision

GDSACP

General Directorate of Social Assistance and Child Protection

GeO

Government emergency Ordinance

Government Ordinance

ICF/ICF-DH

International Classification of Functioning, Disability and Health

ICF-CY

International Classification of Functioning, Disability and Health for Children &Youth Version

ICFDH

International Classification of Functioning, Disability and Health

ILO

International Labor Organization

Ind

Indent

MERYS

Ministry of Education, Research, Youth and Sport

Ministry of Health

MHF

Ministry of Health and Family

MLFSA

Ministry of Labor, Family and Social Assistance

MLFSAE

Ministry of Labour, Family, Social Assistance and Elderly

MLSP

Ministry of Labor and Social Protection

NACP

National Authority for Child Protection

NACPA

National Authority for Child Protection and Adoption

NAE

National Agency for Employment

NAPD

National Authority for People with Disabilities

NAPH

National Authority for People with Handicap

NCCD

National Council for Combating Discrimination

NHIH

National Health Insurance House

SCEAHP

Superior Commission for the Evaluation of Adult Handicapped Persons

United Nations organization

WHO

World Health Organization