The Russian legislation and measures to guarantee adequate income and

employment for disabled people

Vera ShishkinaAll-Russian Association of Disabled People (VOI)

The way of understanding the nature of disability and commitment to a model of perception of disability are the basis of national policy and national legislation regarding disabled people.

The Convention on the Rights of Persons with Disabilities (UN, 2006) argues the need for national legal regulation and state policy of social protection of disabled persons on the basis of a comprehensive and integrated approach to human rights and nondiscrimination.

The ideology of disability as an object to medical treatment, charity and paternalistic social policy are gradually giving way to a social model of disability, formed in accordance withinternational human rights principles.

The Russian Federation has signed the Convention on the Rights of Disabled Persons in 2008. Concerning the formulation of the national legislation, the country is in a transition from the medical model of disability to the social model.

In order to bring the national legislation respond to the Convention, it requires legal reform and developing of new regulatory instruments to protect the rights of disabled people.

On the basis of article 7 of the Constitution of the Russian Federation, the country is a social state whose policy is aimed at creating conditions for a dignified life and human development.

Constitutional rights of the Russian Federation in respect of persons with disabilities

Decent life in a constitutional and legal sense is the minimum standard that the state must provide every citizen.

The Constitution also lists parts of population which are not able to secure a decent standard of living for themselves.

Disabled people are listed as one of these categories.

To ensure the living standards to these groups of population the Russian Federation has developed a system of social services, state pensions and benefits and other social security guarantees.

Formally, the Russian Federation recognizes the rights of persons with disabilities to an adequate standard of livingand takes steps to implement the law.

Poverty is not a national phenomenon in Russia. It is inherent in all countries of the world. However, poverty depends on the level of development of a country.

National legislation of the Russian Federation regarding poverty

The poverty line is determined by subsistence level which is calculated by consumer basket.

Federal Law on subsistence level in the Russian Federation -

establishes a minimum set of food products, consumer goods and services essential for human health and ensuring person’slivelihood.

The Russian government sets the size of the subsistence minimum on a quarterly basis. It is adjusted by regions depending on local conditions.

In comparison with the first quarter of 2010 the subsistence minimum in Russia has increased by 1,9%. The cost of food basket increased by 3.5%, consumer goods by 1,5%, services 0,6%. Increase in the subsistence minimum lags behind the price increases.

The average monthly nominal wage per employee is 20 809 rubles. It is 342.8 % of the minimum subsistence level forworking population.

The relation of income to subsistence level

I quarter 2009 — 17,4%

I quarter 2010 — 14,7%

The population of the Russian Federation with incomes below the subsistence minimum

This is based on official statistics.

According to experts at least a quarter of the Russian population lives below the poverty line. The majority of persons with disabilities belong to that group of people.

The national legislation of the Russian Federation in respect of persons with disabilities

Federal Law on social protection of disabled people in the Russian Federation - basic normative document defining the legal status of persons with disabilities.

This law regulates a wide range of issues, delineatescompetence of public authorities in this area, defines rules and procedures for recognizing a disabled person and confirmes the basic social guarantees provided by disabled people.

Federal Law on social services for senior citizens and disabled persons –

defines the list of services.

Pensions related to disabilities are established by several laws:

Federal Law on Labor Pensions in the Russian Federation -

establishes the basic monthly amount of retirement pension for disability.

Federal Law on State Pensions in the Russian Federation -

establishes a monthly social pension for people with disabilities who have not worked.

There are also passed laws on pensions of certain categories of persons with disabilities.

social or retirement pension according to disability

monthly compensation

compensation payments for care

Monthly income for an ordinary person with disabilities according to pension legislation

In addition to the basic national laws,to ensure the special needs of persons with disabilities, there are sectoral federal laws and rules of administrative regulation.

The needs of persons with disabilities are included in the federal laws on election, health care, education, employment sports etc.

The material welfare of the disabled people rises due to:

benefits, subsidies, free medical care,

providing social services for free,providing some of the technical means of rehabilitation for free,

reduced fare on public transport,benefits for housing and communal services.

In 2005 the amount of social benefits in Russia decreased a lot.

It should be noted that the Russian law does not regulate the protection of persons with disabilities from discrimination and does not establish measures to ensure their fundamental rights and freedoms.

Legislation regarding employment of disabled people

Federal Law on social protection of disabled people in the Russian Federation, article 20 –

the state organs at various levels should ensure employment of the disabled

Quotas can be set at the regional level for hiring people with disabilities. The minimum number of specialized jobs for the disabled can also be set.

The quota is set for the organizations, which number of employees is more than 100.

The size of a quota can be from2% to 4% of the average number of employees.

Penalties for violating these rules are not set.

According to the administrative law an employer is responsible for his refusal to hire a disabled person

- a fine is 2000 - 3000 rubles.

According to the Labor legislation persons with disabilities have the following rights:

disabled groups I and II:the reduction of working hours

all persons with disabilities:annual leave at least 30 days leave without pay of up to 60 calendar days and other rights.

Employment of disabled people happens through regional employment services

During the first half of 2010 42 500 persons with disabilities were employed through the employment service in Russia.

Public services

assistance in finding suitable work

information on the labor market situation

organizing job fairs and training places

organization of temporary employment

promoting selfemployment of unemployed citizens

Guaranteed employment

Work at specialized enterprises of people with disabilities.

Was used widely after 1945 mainly to provide employment for disabled war veterans.

The system that was established in the 1960’s does not exist anymore, although some companies for people with disabilities and hearing were preserved.

Today, activities of the specialized enterprises of people with disabilities are almost never supported by the state.

Regional legislation in the Russian Federation

is drawn up in the development of federal law. Distribution of power between the authorities of different levels is taken into account.

Regional legislation in different regions of the Russian Federation may vary significantly in the number of adopted legal acts, the volume of goods and services guaranteed to disabled people.

Differences may be related both to objective reasons (socio-economic status of regions) and subjective (the position of governor, deputies and the activity of representative organizations of persons with disabilities).

Regional legislation- excerpts from the legislation of the Kaliningrad region

There are not many laws especially for disabled people.

Disability rights legislation is taken into account in the legislation of the region.

Regional laws are taken to ensure the activities of government on the regional level in accordance with federal laws.

A disability council has been created based on the decree of the governor of the Kaliningrad region.

The disability council is an advisory body which promotes interaction between government bodies, public associations and other organizations of the Kaliningrad region. It takes care of issues related to disability and disabled people.

Regional laws

Regional law on urban development in the Kaliningrad region -

regulates the content of the minimum specified rates to ensure favorable living conditions including people with disabilities.

Regional law on the reimbursements for expenses for housing and communal services -

in accordance with federal law a 50% monetary compensation is provided.

Regional law on measures of social support of certain categories of residents of the Kaliningrad region -

a monthly social transport ticket of 400 rubles was introduced.

Resolutions of the Government in the Kaliningrad region On the employment quotas for disabled people in the organizations of the Kaliningrad region -

Adopted annually. Approved quota for the disabled is 4%of the average number of employees.

On ensuring equal access to public transport services for certain categories of citizens -

will provide the finance for the purchase of vehicles adapted for people with disabilities.

On the organization and conduct of public works in 2009 –

public works include, for example, assistance to take care of people with disabilities to municipal health institutions.

On the Rules of payment to disabled people who get a vehicle through the organs of social security –

50% of the sum is compensated.

On providing recreation, rehabilitation and employment to children in the Kaliningrad Region in 2009-2011 -

the interests of disabled children have been taken into account.

Kaliningrad district organisation of VOIRepresentatives in advisoral bodies of the goverment:

- Disability council

- Coordinating council of the Kaliningrad regional Duma

- The Commission on the governor's prizes

- Public council of Federal service on surveillance in healthcare and social development in Kaliningrad region

Attracting attention of the authorities and society to problems of people with disabilities. Initiated and conducted in 2009, discussion on the topics:

- accessibility and quality of medical and social care to disabled people in the Kaliningrad region

-development and improvement of the youth movement in the Kaliningrad regional branch of the VOI

Also included a weekly radio programme for disabled people and about them.

Promoting the Employment of Disabled Persons

In 2009, 37 people were employed, including 25 people through the Kaliningrad City Employment Center.

65 persons were temporarily employed in organisations with a funding from the employment agency of the Kaliningrad Region.

In enterprises of Kaliningrad regional branch of the VOI, 89 people with disabilities were employed.

Working with different categories of disabled persons in 2009:

Participation in the development of municipal programmes on forming the living environment for persons with disabilities.

A gathering for 140 young people with disabilities.

The programme of the gathering included conducting workshops, sport competitions and art contests.

Monetary assistance provided to 1032 low-income people with disabilities. Total amount was over 700 000 rubles.

Thank you