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Legal aspects and mechanisms of financial and material support for people with disabilities

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Sakharuk Anatolii
Sakharuk Anatolii
Lawyer
Ukraine / Kyiv

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Publication date: 26.06.2024

Legal aspects and mechanisms of financial and material support for people with disabilities

 

Introduction

People with disabilities have the right to special state support to ensure their social integration, equal opportunities and a decent standard of living. Ukrainian legislation provides for various financial and material support mechanisms for people with disabilities. In this article, we will consider the main legal aspects and mechanisms of such support.

 

Legal and regulatory framework

 

The Constitution of Ukraine:

  • Guarantees the right of everyone to social protection, including persons with disabilities (Article 46).

 

The Law of Ukraine "On the Fundamentals of Social Protection of Persons with Disabilities in Ukraine":

  • It defines the basic principles of social protection of persons with disabilities, their rights and the state's obligations to ensure these rights.

 

The Law of Ukraine "On Rehabilitation of Persons with Disabilities in Ukraine":

  • It regulates the issues of rehabilitation aimed at restoring and compensating for impaired or lost body functions of persons with disabilities.

 

Resolutions of the Cabinet of Ministers of Ukraine and other bylaws:

  • Regulate specific aspects of providing financial and material support to people with disabilities.

 

Financial support

 

Pension provision:

  • Disability pension: Persons with disabilities are entitled to a pension, the amount of which depends on the disability group, length of service and other factors.
  • Social pension: In the absence of the required work experience, persons with disabilities are entitled to a social pension.

 

State social assistance:

  • Care allowance: Persons with disabilities who need constant care can receive financial assistance for care.
  • Assistance to low-income families: Families with persons with disabilities may receive additional financial assistance as low-income families.

 

Compensation and benefits:

  • Compensation for transport costs: Persons with disabilities can be reimbursed for public transport costs.
  • Benefits for utilities: Discounts or full exemption from utility bills.

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Material support

 

Provision of technical rehabilitation equipment:

  • The state provides persons with disabilities with technical means of rehabilitation (wheelchairs, prostheses, etc.) free of charge or on preferential terms.

 

Medical support:

  • Free or discounted provision of medicines, medical devices and other health care products.

 

Housing benefits:

  • Persons with disabilities have the right to receive housing from the state or municipal fund on a priority basis.
  • Compensation for the costs of adapting housing to the needs of people with disabilities.

 

Educational and professional opportunities

 

Educational benefits:

  • Free tuition at higher education institutions and preferential admission conditions for people with disabilities.

 

Vocational rehabilitation and employment:

  • Vocational rehabilitation programmes to help people acquire new professional skills.
  • Quotas for the employment of persons with disabilities in public and private enterprises.

 

Social services and rehabilitation

 

Social services:

  • Social support: Coordination and support of persons with disabilities in solving everyday, medical, social and legal issues.
  • Social care: Providing assistance in the home, including grooming, meal preparation, assistance with hygiene and other services.

 

Rehabilitation services:

  • Medical rehabilitation: Health rehabilitation programmes, including physiotherapy, exercise therapy, massage and other methods.
  • Psychological rehabilitation: Psychological support and therapy to overcome stress, depression and other psychological problems.
  • Social rehabilitation: Programmes that facilitate the integration of people with disabilities into society, develop social skills and ensure adaptation to living conditions.

 

Legal protection and access to justice

 

Legal assistance:

  • Free legal aid: Persons with disabilities are entitled to free legal advice, assistance with paperwork and representation in court.
  • Protection of rights: Disability rights organisations provide advice and assistance in cases of discrimination or violation of rights.

Access to justice:

  • Adaptation of court procedures: Ensuring that court procedures are accessible to persons with disabilities, including the provision of sign language interpreters, adaptation of premises and documents.
  • Specialised court services: Creating conditions for the participation of persons with disabilities in court hearings, including remote communication.

 

Integration and participation in public life

 

Cultural and sporting events:

  • Cultural benefits: Free or reduced access to cultural events, museums, theatres, cinemas and other cultural institutions.
  • Sports programmes: Special sports programmes and events for people with disabilities, including the Paralympic movement.

Social initiatives and participation in public organisations:

  • Support for NGOs: The state supports the activities of NGOs of persons with disabilities that promote their social inclusion and protection of their rights.
  • Participation in decision-making: Involvement of persons with disabilities in decision-making processes at the local and national levels, including participation in public councils and committees.

 

Conclusions.

 

Ensuring the rights and social support of persons with disabilities is an important task of the state, which contributes to the creation of an inclusive society. Ukrainian legislation provides for a variety of financial and material support mechanisms, including pensions, social assistance, utility benefits, provision of technical rehabilitation equipment, medical and housing care, educational and vocational opportunities, social services and legal protection.

The state also promotes the integration of persons with disabilities into society by supporting cultural and sporting events, social initiatives and participation in NGOs. It is important to continue to improve the legal framework and support mechanisms to meet the needs of persons with disabilities

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