Hungary

1
Hungarys Act XXVI of 1998

• ( ON PROVISION OF THE RIGHTS OF PERSONS LIVING
  WITH DISABILITY  AND THEIR EQUALITY OF
  OPPORTUNITY)

2
Where is Hungary?
3
General Overview of the Hungarian Republic

• Located in Central Eastern Europe Border Austria,
  Slovakia, Ukraine, Romania, Serbia, Croatia and
  Slovenia
• Covers an area of 93,030 sq km
• Population over 10 million

4
DEVELOPENT OF HUNGARYS EQUALIZATION OPPORTUNITY
LAW (ACT XXXVI OF 1998)

• History
• General Provisions and Basic Principles
• Purpose

5
Definitions

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

6
rehabilitation

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

7
aid

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

8
supporting service

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

9
residential home

• form of residence for a small community,
  promoting independent living for persons living
  with disability.

10
Chapter 2 Rights to which persons with living
with disability are entitled

• Environment
• Communication
• Transport
• Supporting services, aids

11
Target areas for the equalization of opportunities

• Health care
• Education, Training
• Employment
• Place of residence
• Culture, Sport

12
Hungarian Act XXVI of 1998 and ADA

• ADAs Title I v. Act XXVI of 1998
• employment

13
Hungarys Act of XXVI of 1998and ADA

• ADAs Title II v. Act XXVI of 1998
• public services and transportation

14
Hungarys Act XXVI of 1998and ADA

• ADAs Title III v. Act XXVI of 1998
• Public Accommodation and Environment

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

16
PREAMBLEDraft Article 1
PURPOSEDraft Article 2 GENERAL PRINCIPLESDraft
Article 3 DEFINITIONSDraft Article 4 GENERAL
OBLIGATIONSDraft Article 5 PROMOTION OF
POSITIVE ATTITUDES TO PERSONS WITH
DISABILITIESDraft Article 6 STATISTICS AND DATA
COLLECTIONDraft Article 7 EQUALITY AND
NON-DISCRIMINATIONDraft Article 8 RIGHT TO
LIFEDraft Article 9 EQUAL RECOGNITION AS A
PERSON BEFORE THE LAWDraft Article 10 LIBERTY
AND SECURITY OF THE PERSONDraft Article 11
FREEDOM FROM TORTURE OR CRUEL, INHUMAN OR
DEGRADING TREATMENT OR PUNISHMENTDraft Article
12 FREEDOM FROM VIOLENCE AND ABUSEDraft Article
13 FREEDOM OF EXPRESSION AND OPINION, AND ACCESS
TO INFORMATIONDraft Article 14 RESPECT FOR
PRIVACY, THE HOME AND THE FAMILYDraft Article
15 LIVING INDEPENDENTLY AND BEING INCLUDED IN
THE COMMUNITYDraft Article 16 CHILDREN WITH
DISABILITIESDraft Article 17 EDUCATIONDraft
Article 18 PARTICIPATION IN POLITICAL AND PUBLIC
LIFEDraft Article 19 ACCESSIBILITYDraft
Article 20 PERSONAL MOBILITYDraft Article 21
RIGHT TO HEALTH AND REHABILITATIONDraft Article
22 RIGHT TO WORKDraft Article 23 SOCIAL
SECURITY AND AN ADEQUATE STANDARD OF LIVINGDraft
Article 24 PARTICIPATION IN CULTURAL LIFE,
RECREATION, LEISURE AND SPORTDraft Article 25
MONITORING
17
Purpose of UN Draft Convention

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

18
Purpose of the Hungarian Act XXVI of 1998

• 1. To Define the rights of persons living
• with disability.
• 2. To ensure equality of opportunity.

19
What UN Draft Convention Covers

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

20
What UN Draft Convention Covers

• Accessibility
• Personal Mobility
• Right to Health and Rehabilitation
• Right to work social security, and adequate
  standard of living
• Participation in cultural life, entertainment and
  sports

21
What Hungarian Act XXVI covers

• Transportation
• Supporting service and aids
• Health care
• Education
• Employment
• Place of residence
• The right to rehabilitation
• Disability support
• Who is going to be assigned in ensuring these
  things

22
Definitions(Draft Article 3)

• Accessibility
• Communication
• Disability
• Discrimination on the ground of disability
• Reasonable Accommodation

23
Accessibility(UN Draft Convention)

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

24
Facilities covered (under Draft Convention)

• Public buildings
• Roads
• Other facilities for public use (schools,
  housing, medical facilities, indoor and outdoor
  facilities, public workplaces)
• Public transportation facilities

25
Accessibility under Hungarian Act XXVI

• Section 5
• The person living with disability has the right
  to a man-made environment that presents no
  obstacles, can be perceived and is safe
• The right above applies particularly to
  orientation traffic and the man-made environment.

26
Communication(UN Draft Convention Article 3)

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

27
Communication(Hungarian Act XXVI)

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

28
Disability(UN Draft Convention Article 3)

• Footnote
  12

29
Disability(Hungarian Act XXVI)

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

30
Discrimination(UN Draft Convention)

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

31
Reasonable Accommodation(UN Draft Convention)

• Footnote 27

32
Reasonable Accommodation(Hungarian Act XXVI of
1998)

• Used in employment and transportation

33
Government Entities Assigned to oversee these
provisions

• National Disability Affairs Council
• National Disability Affairs Program

34
National Disability Affairs Council

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

35
National Disability Affairs Program

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

36
Comparison

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

37
Conclusion
38
Useful Links to Disability issues in Hungary

• http//www.talkingcities.co.uk/budapest_pages/esse
  ntials_df.htm
• http//www.dpi.org/en/locations/national_assemblie
  s/details.php?countryID52
• http//www.budapestsun.com/full_story.asp?ArticleI
  d7b9E3AB3C7B118406EB55F455B3E7AF75A7dFromBusi
  ness
• http//www.budapestsun.com/full_story.asp?ArticleI
  d7b082A9C22B8A648709CD3571841F657577dFromNews
  
• http//www.budapestsun.com/full_story.asp?ArticleI
  d7bBDFA83E6E5194E86828DFB54EF09A7C17dFromNews
  
• http//www.bkv.hu/angol/mozgaskorlatozott/index.ht
  ml
• http//www.independentliving.org/donet/
• http//www.inclusion-europe.org/documents/334.pdf
• http//www.mdac.info/documents/P20R20E20S20S2
  02020R20E20L20E20A20S20E.doc