The draft to reform the consolidated text of the General Law of the Rights of Persons with Disabilities and their Social Inclusion and the Law of Personal Autonomy and ATTENDENCE This Friday begins its audience and public information procedure.
As published on the website of the Ministry of Social Rights, Consumption and Agenda 2030, the deadline for receiving contributions will remain open until March 10. The objective of this procedure is that any person affected by a rule can send their proposals and opinions In this regard, either individually or through its representative associations. It also seeks to obtain contributions from any citizen or interested entity that wishes to participate.
The draft that goes to public consultation PIt retains adapting Spanish legislation to the new mandate of article 49 of the Constitution –Modified a year ago- already the United Nations Convention on the rights of people with disabilities, as well as adapt the system of personal autonomy and attention to dependency (SAAD) “to the new care model” that the Government promotes from the pandemic.
Among other points, the rule provides for article 10 of the Horizontal Property Law, so that all actions for ensure universal accessibility They are mandatory, just like those of pond or those related to the safety of buildings.
All administrations with housing competencies will have to enable subsidies and aid in order to facilitate these works. In addition, neighborhood communities will have the obligation to request those financing options for accessibility works that the owners provide. If they refuse, they may go to justice. This is because “universal accessibility” ceases to be considered as “inspiring principle” of the norm and “It becomes a subjective right,” they stand out from the Ministry.
In the same line of recognition of fundamental rights, the preliminary draft He insists on guaranteeing universal accessibility in the National Health System. Thus prohibits all kinds of discrimination due to disability when Hire health or life insurance; Regulates the right to personal autonomy, to independent life and inclusion in the community through rehabilitation and qualification and guarantees respect for the freedom of choice of people with disabilities in relation to their options of independent and community life (where to live, with whom to share domicile, etc.).
The norm also contemplates the creation of A state parking card record For people with disabilities, which will group the different expedition modes existing so far in order to avoid fraud. The text also dedicates a specific article to women and minors with disabilities, in line with the drafting of article 49 of the Constitution.
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In order to reduce administrative loads, the new law will automatically recognize a 33 % disability to all people who already prove a dependency situation.
The draft also details two definitions, institutionalization and capacitism, and makes clear its intention to end both. In this line, reinforces the prohibition of shows that denigrate or make mockery of people for their disability status -As those of the bullfighter firefighter-, and classifies them as ‘very serious’ within the regime of sanctions and infractions contemplated by the General Law on the Rights of Persons with Disabilities. In this way, fines that go between 600,000 and one million euros can be imposed.
Regarding personal autonomy and agency, the norm ends some of the cuts introduced in SAAD in 2012 and that had not yet been eliminated. It ends the incompatibility between some benefits that, although many autonomous communities had already suppressed it, still remained in the state legal framework
The proposal also contemplates Expand and strengthen the provision of personal assistancewhich will cease to be an economic benefit to be included in the services catalog. That is, regional administrations may offer it in their portfolio of personal autonomy promotion services, instead of limiting themselves to paying their costs.
The reformA ends with the maximum period of two years of economic benefits For care in the family environment and includes the possibility that home help be extended to other areas of the daily life of users, such as making the purchase or going to the doctor.
Another of its objectives is allow people without family bond to act as non -professional caregivers of people in dependence. On the other hand, it reinforces the guarantees so that all dependent people benefit from advanced telecare services and establish new housing typologies in which support can be received. Until now, this was only possible in private homes and residences, but the new standard also speech shared or community homes.
According to the draft law, The usual housing of the dependent person will not take into account when calculating their economic capacitybecause the owner cannot always obtain liquidity thanks to her -many times other relatives reside. His calculation used to be “very” onerous “co -coons, especially for residences users.
It also contemplates establishing some minimum co -payment exempt nationwidewhose criteria must be decided every year in the Interterritorial Council of Social Services. Finally, it forces that all workers in centers in which the elderly are served and with disabilities to present certificates of penalties that demonstrate that they have not committed crimes of a sexual nature.
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