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Draft THE LAW OF THE REPUBLIC OF ARMENIA ON THE STATE POLICY OF SOCIAL SECURITY FOR DISABLED PEOPLE This law regulates the aims, goals and the order of implementation of the state policy of social security for disabled people, as well as the procedures for establishment and activity of the National Commission on Social Security for Disabled People. CHAPTER 1 GENERAL PROVISIONS Article 1. Legislation on the state policy of social security for disabled people 1. The legislation on the state policy of social security for disabled people consists of the Constitution of the Republic of Armenia, this law and other legal acts. 2. If an international treaty ratified by the Republic of Armenia contains any norms other than stipulated by this law, the norms stipulated by the international treaty shall be applied. Article 2. The state policy of social security for disabled people The state policy of social security for disabled people is a system of economical, social and legal measures which shall create conditions for overcoming the disability-related limitations and shall provide for the implementation of their rights and freedoms. Article 3. The aims of the state policy of social security for disabled people 1. The aims of the state policy of social security for disabled people are: a) prevention and decreasing the level of disability b) provision for equal rights for disabled people c) provision for equal opportunities for disabled people 2. Provision for equal rights for disabled people means provision for the same Constitutional and legal rights, freedoms and responsibilities for disabled people as those exercised by other people. 3. Provision for equal opportunities for disabled people means provision for the same opportunities to participate in the spheres of education, employment, information, service and other spheres of public life, as those which other people have. Article 4. The objectives of the state policy of social security for disabled people The major objectives of the state policy of social security for disabled people are: 1) in the sphere of legislation: a) bringing the formulations and medico-social criteria in compliance with the international norms and standards; b) increasing the role of local authorities in the sphere of solution of disability-related problems; c) regulation of disability-related problems by a Code; d) introduction of special provisions related to disabled people in the legal acts regulating various spheres of public relations; e) establishment of norms stipulating responsibility for non-implementation of the legal provisions related to disabled people f) clarification and coverage of disability-related legislation. 2) in the sphere of medico-social expertise: a) analysis of the situation, structure and increase of the cases of disabilities; b) strengthening the technical basis of medico-social expertise commissions and provision for modern equipment necessary for their activities; c) provision for physical accessibility of medico-social expertise commissions for disabled people. 3) in the sphere of medical care: a) increasing effectiveness of the measures aimed at early diagnostics, assessment and treatment of impairments; b) provision for free-of-charge medical treatment for disabled people on the same level and within the same limits as those provided to other people; c) ensuring that medical establishments shall be equipped with special devices for disabled people; d) training and re-training of physicians; e) provision for physical accessibility of medical establishments for disabled people. 4) in the sphere of rehabilitation a) development and application of modern rehabilitation techniques, establishment of training and professional rehabilitation centers; b) provision for elaboration and implementation of individual rehabilitation programs for disabled people; c) ensuring that disabled people shall participate in the process of elaboration of individual programs; d) ensuring that rehabilitation services shall be located near or within each community; e) training and re-training of specialists dealing with rehabilitation and services for disabled people; f) provision for physical accessibility of rehabilitation establishments and events for disabled people. 5) in the sphere of accessibility a) provision for physical accessibility of buildings, public transportation and streets, as well as cultural and sport establishments, means of information and communication for disabled people by means of standardization; b) elaboration and application of modern methods of provision for accessibility for disabled people; c) provision for physical accessibility of the buildings of state agencies and local authorities for disabled people; d) construction and (or) adaptation of apartments for disabled people; e) state support to production of auxiliary items and wheelchairs for disabled people f) production, adaptation and (or) import of vehicles for disabled people. 6) in the sphere of education a) provision for equal rights for disabled people in the spheres of pre-school, secondary and higher education; b) elaboration and introduction of the models of continuous study for disabled people; c) inclusion (integration) of disabled people into general educational system; d) preservation of special educational establishments.<>br 7) in the sphere of employment a) provision for equal rights for disabled people during their search for jobs, getting employed and employment; b) improvement and application of the system of labor quotas for disabled people; c) state support to creation of special job vacancies by non-governmental and other organizations of disabled people; d) elaboration and application of professional rehabilitation system for disabled people. 8) in the sphere of social security a) improvement of the system of registration of disabled people and their needs; establishment of the register of disabled people; b) provision for state support and social assistance to raise financial incomes of disabled people; c) reimbursement of additional expenses (related to the fact of disability) covered by disabled people and their families; d) state support to people who take care of disabled people. 9) in the spheres of culture, sports and information a) creation of TV programs for disabled people; b) organization of sports events of disabled sportsmen; c) preparation and publication of disability-related educational, scientific-methodical works, informational documents and other materials; d) provision for publicity of the process of solution of disability-related problems: organization of media coverage, seminars and conferences; e) state support to non-governmental organizations of disabled people; f) provision for physical accessibility of cultural and sports establishments. CHAPTER 2 PROGRAMMATIC PRINCIPLES OF THE STATE POLICY OF SOCIAL SECURITY FOR DISABLED PEOPLE Article 5. Programs of social security for disabled people 1. The state policy of social security for disabled people shall be implemented in the timeframe and order formulated by the complex program of social security for disabled people (hereinafter: The Complex Program). 2. The Complex Program shall be submitted by the government of the Republic of Armenia and approved by the National Assembly of RoA - by adopting the corresponding law. 3. The annual details of implementation of the activities stipulated by the Complex Program shall be formulated by the government of the Republic of Armenia and reflected in the annual programs of social security for disabled people (hereinafter: The Annual Program). Article 6. Principles and contents of the Complex Program 1. The basic principles of the Complex Program are: a) solution of the priority issues stipulated by this law; b) coordination of financial, material and work resources in order to ensure their most effective application; c) implementation of complex measures; d) ensuring that the required outcomes are fulfilled no later than the established deadlines. 2. The Complex Program is comprised of the following parts: a) analysis of the disability-related problems; b) major aims and objectives of the program; c) phases and terms for the program implementation; d) list of measures and activities aimed at the program implementation; e) resource justification of the program; f) organization of the program management and monitoring of the process of its implementation; g) evaluation of the expected outcomes of the program implementation. 3. Analysis of the disability-related problems shall consist of the description of current disability situation, the forms and activities related to solution of the goals established by the state policy, as well as justification of the priority and possibility of solution of the specific objectives within the given period of time. Article 7. State authority authorized to elaborate and implement the Complex Program The state authority authorized to elaborate and implement the Complex Program (hereinafter: The Authorized Agency) shall: a) prepare the provisional objectives for elaboration of the Complex Program; b) coordinate the work of the specialists involved in the elaboration of the program; c) coordinate the timeframe for the implementation of the stipulated activities as well as the funding volume and timeframe with those who shall implement the program; d) sign contracts with the relevant legal entities and physical persons regarding the intention to fund the program; e) submit the program to the National Commission on Social Security for Disabled People for their review and, based with its outcome, shall re-elaborate the program; f) ensure that the planned activities shall be executed within the established timeframe; g) ensure the effectiveness of spending the funds provided by the state budget for the program implementation; h) submit the reports on the implementation of the Annual Programs, as stipulated by law. CHAPTER 3 NATIONAL COMMISSION ON SOCIAL SECURITY FOR DISABLED PEOPLE Article 8. National Commission on social security for disabled people 1. The National Commission on social security for disabled people (hereinafter: The Commission) shall be established in order to ensure independent and professional review of the Complex and Annual programs, the corresponding reports and other documents related to their implementation, as well as to secure the rights and freedoms of disabled people. 2. The Commission shall be established in the order stipulated by this law, shall function on the basis of this law, other legal acts and its constitution; the Commission shall be independent within the framework of its competence. Article 9. Competence of the Commission 1. As stipulated by law, the Commission shall: a) execute the provisional and final reviews and provide conclusions on the Complex and Annual Programs, the corresponding reports and other relevant documents; b) discuss the suggestions, applications and complaints related to violation of disabled people’s rights and freedoms, and make the corresponding decisions; c) may submit draft legal acts related to social security for disabled people to the President of the Republic of Armenia, the government of RoA and the Prime-Minister of RoA; d) in the spheres of education and employment may mediate between disabled people and other persons in order to solve the arguments and sign reconciliation agreements, as well as may monitor the implementation of the provisions stipulated by this agreement; e) may apply to court with legal actions in order to fully or partially cancel the normative legal acts which contradict the law, as well as to fully or partially cancel the contracts signed with a disabled person; f) implement scientific and expert research, summarize the experience of application of the legislation on social security for disabled people and work out suggestions aimed at its improvement; g) collaborate with state authorities and non-governmental organizations of foreign countries, as well as with international organizations; h) carry out explanatory work with the aim of raising public awareness of the disabled people’s rights and freedoms stipulated by law; i) get necessary information related to social security for disabled people from state and local authorities; ja) ratify the constitution of the Commission, the organizational structure of its personnel, the maximum number of employees, their salaries and the order of spending the Commission’s financial resources; jb) implement other activities stipulated by law and its constitution. 2. While implementing the objectives and functions stipulated by this law, the Commission is independent on other state authorities. Article 10. Expert conclusions of the Commission 1. The Commission shall provide for expert conclusion on the Complex and Annual programs, the corresponding reports, as well as on the documents elaborated with the aim of their implementation within a month from the day of their receipt. 2. The Commission’s conclusions and protocols shall be officially sent to the President of the Republic of Armenia, the National Assembly and the government within 3 months after their compilation. a) level of the justification of the programmatic objectives and activities; b) evaluation of the resource (including financial) justification of the programmatic objectives and activities; c) evaluation of compliance of the programs and their reports with the law; d) suggestions received during the elaboration of the programs, their reports and discussions, as well as own suggestions submitted as a result of the provisional review of the programs, a statement on their inclusion in or exclusion from the reports; e) the summarized evaluation on whether the programs are well justified and realistic; f) other information and analysis, which the Commission will find appropriate for submission of the comprehensive expert conclusion on the programs and their reports. 4. The National Assembly discusses the Complex and Annual programs, as well as their reports in the case of availability of the Commission’s conclusion. 5. The Commission’s conclusion shall be presented to the session of the National Assembly by the Chairman of the Commission. Article 11. The order of the Commission’s activity 1. The Commission shall carry out its activities through open-door sessions. 2. The Commission’s sessions shall be held under the initiative of the Chairman of the Commission as necessary, but no less than once per month. The Commission’s session is competent if it is presided by the Chairman of the Commission or, by his/her request, the Deputy Chairman, and if more than half of the Commission’s members are present at the session. 3. The Commission’s special sessions shall be announced by the Chairman of the Commission under his/her initiative or upon request from at least 4 members of the Commission. 4. The Commission’s decisions shall be made by the majority of the votes given by the members present at the session. 5. The Commission’s sessions shall be recorded, the protocols shall by signed by the person who presided the session. Article 12. Members of the Commission 1. The Commission shall be comprised of 11 members: chairman, deputy chairman and 9 members. 2. The Commission shall consist of: a) 6 members - representatives from non-governmental organizations of disabled people; b) 5 members - representatives from the sphere of social security for disabled people, medical and scientific institutions. 3. Members of the Commission shall be appointed by the President of the Republic of Armenia, under presentation of non-governmental organizations of disabled people, medical and scientific institutions. The Commission’s members shall be appointed within a month’s time after coming into effect of this law, for the term of 6 years. 4. A person cannot be appointed a member of the Commission if he/she: a) is not a citizen of the Republic of Armenia; b) has been declared incapable or partially capable by the effective decision of court. c) has been sentenced by the effective decision of court for a committed crime; d) has been legally deprived from the right to take certain positions. 5. Members of the Commission cannot be engaged in any business or enterprising, be members of any other representative agency, take a state office or carry out other paid work, except for scientific, medical, creative or pedagogical activity. 6. The competence of the Commission’s member shall be cancelled if: a) the term of his/her office has been completed; b) he/she has lost the citizenship of the Republic of Armenia; c) he/she has been sentenced to be put in prison; d) a court decision to declare him/her incapable, missing or dead has come into effect; e) he/she resigned; f) he/she has been appointed another position; g) he/she has died. 7. The President of the Republic of Armenia may prematurely cancel the competence of the Commission’s member if he/she has not carried out their official responsibilities for more than 3 months. 8. In the case of premature removal from office of a member of the Commission, the new appointment for this vacant position is made for the uncompleted term. Article 13. Chairman of the Commission 1. The chairman of the Commission shall be elected from the Commission’s members by the Commission. 2. The chairman of the Commission shall: a) represent the Commission within the framework of his/her competence; b) summon and preside the Commission’s sessions, coordinate and provide for the proper work of the Commission and its staff; c) admit and fire the Commission’s personnel, as well as encourage or fine them; d) sign the Commissions decisions and the protocols of the sessions; e) organize the implementation process of the decisions adopted by the Commission; f) may participate with the right of consultative vote in the sessions of the government of the Republic of Armenia and express his/her written opinion on the discussed issues, which shall be included in the protocol of the session; g) participate in the elaboration and submission of legal acts related to the sphere of the state policy of social security for disabled people; h) carry out other kinds of competence stipulated by this law and the constitution of the Commission. 3. In the case of the absence of impossibility to carry out his/her official responsibilities by the Commission’s Chairman, he/she shall be substituted by the Deputy Chairman, and in the case of the latter’s absence or impossibility to carry out his/her official responsibilities – the most senior member of the Commission. Article 14. The Commission’s staff 1. The Commission shall organize its activities through the staff, whose structure and number shall be adopted by the Commission. 2. The Commission’s staff shall consist of: a) two third – representatives of the sphere of social security for disabled people, medical and scientific institutions; b) one third – representatives of non-governmental organizations of disabled people. Article 15. Financing of the Commission 1. The Commission shall be funded from the state budget, as well as from other sources allowed by law. 2. The amounts of the Commission members’ and personnel’s salaries and premiums shall be adopted by the Commission. 3. In the order and term stipulated by law, the Commission shall annually work out and submit the application for its budget financing (draft estimation of the Commission’s expenses) to the government of the Republic of Armenia. This estimation shall provide for implementation of the Commission’s competence stipulated by this law. 4. Coordination of the Commission’s budget items and their inclusion into the draft state budget shall be implemented as stipulated by law. 5. A copy of the Commission’s budget application, submitted to the government of the Republic of Armenia, shall be submitted to the National Assembly of the Republic of Armenia together with the draft state budget. The Commission’s expenses shall be presented as a separate line of the cost section of the state budget. CHAPTER 4 RESPONSIBILITY FOR VIOLATION OF THE PROVISIONS STIPULATED BY THIS LAW Article 16. Responsibility for violation of the provisions stipulated by this law Persons who have violated the provisions stipulated by this law shall take responsibility in compliance with legislation. CHAPTER 5 FINAL PROVISIONS Article 17. Effectiveness 1. This Law shall come into effect on the 10th day after its official publication.