NATIONAL REPORT

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NATIONAL REPORT

• PORTUGAL

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CONSTITUTION OF THE PORTUGUESE REPUBLIC

• Principle of the integration of citizens with
  disabilities

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CONSTITUTION OF THE PORTUGUESE REPUBLIC

• Article 71
• Citizens with disabilities
• Citizens who have physical or mental
  (intellectual) disabilities shall enjoy all the
  rights and be subject to all the duties contained
  in this Constitution, except to the extent that
  their disability renders them unfit to exercise
  or perform them.
• The State shall implement a national policy for
  the prevention of disability, and for the
  treatment, rehabilitation and integration of
  citizens with disabilities and support for their
  families, shall educate the community to be aware
  of its duties of respect for them and solidarity
  with them, and shall ensure that they enjoy their
  rights to the full extent subject to the rights
  and duties of their parents or guardians.
• 3. The State shall provide assistance to
  organisations for citizens with disabilities.

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Law n.º 38/2004, of 18th of August 2004

• Article 3
• the implementation of a global, integrated and
  transversal prevention, habilitation,
  rehabilitation and participation policy for
  people with disabilities, particularly by means
  of
• Promoting of equal opportunities, in such a way
  as to ensure that disabled persons enjoy
  conditions that permit a full participation in
  society
• Promoting of lifelong opportunities for
  education, training and work
• Promoting of a society for all, via the
  elimination of barriers and the adoption of
  measures targeted at the full participation of
  disabled persons.

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• principle of the transversality of the
  prevention, habilitation, rehabilitation and
  participation policy for people with disabilities
  - article 13
• () shall possess a multidisciplinary character
  and shall be pursued in a coherent and global
  manner in all the different areas.

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National Policies

• National Action Plan for Inclusion (NAPs/incl)
• National Action Plan for Employment (NAP)

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Statistic Data

• 6,1 of the total population has at least one
  type of disability.
• Population with intellectual disability 70.994
  persons.

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Education
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CONSTITUTION OF THE PORTUGUESE REPUBLIC

• to promote and support access by citizens with
  disabilities to education and support special
  education where necessary article 74º n.º 2,
  g).

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Law n.º 38/2004, of 18th of August 2004

• Article 34
• (Right to education and learning)
• The State is responsible for adopting specific
  measures in order to ensure access for people
  with disability to education and learning in
  particular by means of allocating appropriate
  funds and resources for learning and
  communication.

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Statistic data

• A total of 91 of students with special educative
  needs attended public schools
• 9 attended private and/or associative special
  education schools.
• 18/1000 students have life long special education
  needs.
• 9.3/1000 students with intellectual disabilities.

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Specific legislation

• Education is mandatory for 9 years for all
  children at school age (article 2.º n.º 1
  Decree-law n.º 35/90, from 25th January).
• Students with special needs are also subject to
  this law article 2º Decree-law n.º 35/90 from
  25th January and article 3º, n.º 1 Decree-law n.º
  301/93, of 31st August.
• Special education recovery and
  social-educational integration of individuals
  with special educational needs due to physical
  or intellectual disabilities article 17º, n.º 1
  of the Comprehensive Law on the Education System
  (Law 46/86, of 14 October).

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Decree-law n.º 319/91Special Education Regime

• Accommodations
• a) Special compensation equipment
• b) Material adaptations
• c) Curriculum adaptations
• d) ()
• e) Special attendance conditions
• f) Special evaluation conditions
• g) Re-organisation of classes
• h) Special pedagogical support
• i) Special education.

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Children with special education needs

• Priority on attending kindergarten.
• Inclusive School (DC n.º 105/97, of 1st of July)
• Main Guidelines
• - Focus on schools the interventions needed for
  educational success of all children and young
  people
• - Ensure, on an articulate and flexible way, the
  indispensable supports to the development of a
  quality school for all.

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Employment and vocational training
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Statistic data

• Lack of data concerning the labour market
  position of people with disabilities in Portugal.
• Reduction of the ratio between registered
  unemployment and total registered unemployment
  (from 8,7 in 2002 to 7,1 in 2003).
• 24,8 of people with disabilities above 15 years
  old live from labour incomes,
• 55,2 are retired from the labour market.

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• to empower and activate those people who are
  excluded from the labour market, by putting
  pathways towards employment and mobilising
  training policies to that end - NAP/inc. and NAP
  for Employment .
• High-priority strategic area life-long learning

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Law n.º 38/2004, of 18th of August 2004

• Article 26
• (Right to employment, work and training)
• 1 The State is responsible for adopting
  specific measures in order to ensure right of
  access to employment, work, guidance, training,
  learning and professional rehabilitation and the
  adaptation of working conditions of people with
  disability.
• 2 In complying with the provisions of the
  previous paragraph, the State should promote and
  support resources for self-employment, telework
  part-time work and working from the home.
• Article 27
• (Reconciling work with family life)
• The State is responsible for adopting the
  specific measures to ensure the right to
  reconcile work and the family life of people with
  disability, as well as that of family members
  caring for a disabled relative.

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Law n.º 38/2004, of 18th of August 2004

• Article 28
• (Employment quotas)
• 1 According to their size, companies should
  contract people with disability by means of a
  work contract or other forms of employment for a
  maximum quota of 2 of their workforce.
• 2 The provisions of the previous paragraph may
  be applicable to other employers under regulatory
  terms.
• 3 The Civil Service should contract a quota of
  at least 5 for people with disability.

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• Local and Specialized Resource Centres Networks
• Measures for people with disabilities concerning
  vocational training and labour market integration
  are promoted by the Institute of Employment and
  Vocational Training (IEFP).
• 65.300 individuals were covered between 1999 and
  2005.

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• Examples
• Pre-vocational Education
• Information, Evaluation and Vocational Guidance
  of people with disabilities
• Vocational Training
• Retraining to work
• Incentives for employers in order to promote
  people with disabilities employment
• Self-Employment, Telework
• Technical Assistance carried out at job station
  itself
• Supported Employment in the normal labour market
  
• Sheltered-Employment
• Technical-Assistance.

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• Life-long learning is a high-priority strategic
  area.
• National Programme for the Participation of
  Citizens with Special Needs in the Information
  Society (RCM n.º 110/2003, of 12th August) -
  priority line on work (priority 6).

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Labour Code (Law n.º 99/2003, of 27th August
2003)

• Set of rules designed to avoid discrimination
  against people with disabilities in their access
  to the job market and their professional
  advancement (subsection III Equality and
  Non-Discrimination, subsection VI Staff with
  Reduced Working Capacity, and subsection VII
  Staff with Disabilities or Chronic Illnesses)
  transposed into national law the Council
  Directive 2000/78/EC.
• The employer should promote the adaptation of
  adequate measures () in order to became possible
  to develop the access to training and job
  solutions.

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Non-obligatory measures based on persuasion and
self-regulation

• An addition or alternative to obligatory measure
• Examples
• Information and awareness raising campaigns
  public seminars, publications, features in
  newspapers, local and national radio and
  television, websites, etc.
• Awards to employers
• Promotion Corporate Social Responsibility on
  disability.

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Health
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• No specific data available regarding people with
  disabilities
• There are still import needs, particularly in
  terms of guaranteeing access to health for the
  most disadvantaged social groups, especially
  those in situation of dependency.

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• Major difficulties in access to primary and
  specialised health care.
• Permanent Commission on Mental Disability
  (SNRIPD) .

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CONSTITUTION OF THE PORTUGUESE REPUBLIC

• Article 64
• Health
• 1. Everyone has the right to have his or her
  health safeguarded and the duty to defend and
  foster it.
• 2. The right to the safeguarding of health shall
  be met by
• A national health service available to all and
  free of charge to the extent that the economic
  and social conditions of citizens require
• The creation of economic, social, cultural and
  environmental conditions that guarantee,
  specifically, the protection of children, the
  young and the old the systematic improvement of
  living and working conditions the promotion of
  physical fitness and sports in schools and among
  the people the development of health education
  for the people and practices of healthy living.
• ()

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Law n.º 38/2004, of 18th of August 2004

• Article 31
• (Right to health)
• The State is responsible for adopting specific
  measures necessary to ensure the promotion and
  monitoring of health, diagnosis, early treatment
  and the habilitation and medical-occupational
  rehabilitation of the disabled, as well as
  providing, adapting, maintaining or renewing the
  means of adequate compensation.

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Law n.º 38/2004, of 18th of August 2004

• Article 42
• (Early intervention)
• The State is responsible for carrying out
  actions in relation to early intervention by
  means of a set of integrated support measures
  aimed at children, families and the community,
  with the aim of providing an immediate response
  to the needs of children with disability.
• DC n.º 891/99, of the 19th December Early
  Intervention beneficiaries children until 6
  years old, specially from birth until 3 years old

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• Exemption from the payment of taxes
• Right to be accompanied by a relative when
  hospitalised
• Home Help Services
• financial support.

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National Action Plan for Inclusion (NAP/Incl)

• Specific measures
• long-health care network for people in situation
  of dependency
• long-health care Commission for elderly and
  people in situation of dependency (Resolution of
  Council of Ministers n.º 84/2005)
• Early Intervention Programme

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National Action Plan for Inclusion (NAP/Incl)
cont.

• Special vocational training for workers and
  family members - home care
• National Plan for the Promotion of Accessibility
• Information and Mediation Services for People
  with Disabilities (SIMPD).

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Good Practise
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• 1. National Programme for the Participation of
  Citizens with Special Needs in the Information
  Society (PNPCNESI) - Council of Ministers
  Resolution n.º 110/2003
• Accessibilities
• Technical assistance
• Legislation, regulations and standardisation
• Science, innovation and knowledge networks
• Education
• Work Awareness actions
• Cooperation with businesses and international
  cooperation.

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• 2. Alert School Project
• Objectives to raise children and young peoples
  awareness of the need to defend their rights of,
  and not discriminate against, disabled people.
• 3. Corporate Social Responsibility (CSR)
  Corporate Social Responsibility towards people
  with disabilities and a Manual The integration
  of People with Disabilities within the Companies
  How to act in this domain?.
• 4. Non Governmental Forum towards Social
  Inclusion.
• Objective to promote and ensure the
  participation of the civil society in the process
  of elaboration, implementation, execution and
  evaluation of the National Action Plan for
  Inclusion

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RECOMENDATIONS

• Integrated Plan designed for persons with
  disabilities
• Definition of a learning certification model for
  students with special education needs -
  mandatory schooling/ alternative curricula
  (Ombudsman Recommendation n.º 1/B/2006)