Untitled - Diakonie Württemberg

Evangelische Hochschule Ludwigsburg
Institute for Applied Research
Prof´in Dr´in Monika Barz, Scientific Management
Dominique Heyberger, Research Associate
Claudia Hettenkofer, Research Associate
Edith Stein-Stan, author of the study segment about Romania
Assisted by:
Eun Cho You, Yoon Hee Kim-Bischof, study segment about South Korea
Stefan Mangerich, study segment about Brazil
For the country survey performed in the Netherlands
Tobias Zinser, Author
Diakonisches Werk Württemberg
Dr. Antje Fetzer, conception and coordination
Karl Georg Wagner, Professional Advisor
The topicality of this study is due to the professional support of:
Abel Anania, Matthias Binder, Henry von Bose, Dominique Denimal, Klaus Dollmann, Lutz
Drescher, Johannes Flothow, Hubert Freyermuth, Walter Gebhardt, Jae-Hoon Jung, Deok
Hwan Kim, Angelika Krause, Martina Menzel, Irina Ose, Ana-Maria Palcu, Leander Palleit,
Maria Pazen, Heike Rieser, Peter Ruf, Friedemann Salzer, Klaus-Peter Stenzig, Stefan
Tremmel
Kindly supported by the Paul-Lechler-Stiftung
All rights reserved.
Stuttgart, January 2011

Preface
The world is growing together: Due to the `UN Convention on the Rights of Persons with
Disabilities´ people and countries from around the globe get the chance, to come closer
together.
The movement arising from the Convention can be perceived everywhere. But what does
more participation, self-determination and equality for people with disabilities actually mean?
And what is the contribution of the protestant churches and its Diakonie?
For us as Diakonie in Württemberg this is reason enough to invite our global partners to the
Diakonie International Congress “All inclusive?!”. From March 9 th to 11 th , people from
Western and Eastern Europe, Asia, Africa and Latin America come together to explore the
perspectives of Inclusion. It will be colourful and diverse, and exchange will be the focus.
The existing country survey forms the basis of the conversations between people from
different contexts. First impressions and orientation can be gained. The survey should
arouse anticipation and bring interests together: how do people with disabilities live in South
Korea for example? How does the social system in Tanzania work and what is the role of
Diakonie there?
During the research process we realised, that there is no comparable specification available.
Therefore it is great to make a contribution beyond Württemberg and our partnerships: For
the inspiration of people with disabilities and their relatives to learn to use the new
opportunities and also for the persons responsible in parishes and institutions that take new
paths.
Together with the impulses of this congress, the study will be processed and discussed
intensively in our committees in 2011.
We want to thank the Evangelische Hochschule Ludwigsburg, especially Prof. Monika Barz,
Dominique Heuberger and Claudia Hettenkofer for the dedicated cooperation. We would like
to express our thanks in particular to the interlocutors from the participating countries.
Without them, it would have been impossible to picture the daily reality. Finally, we would
especially like to thank the Paul-Lechler-Stiftung for the great support.
We wish you all an inspiring read and encounters full of impulses during “All inclusive?!”.
Yours
Dieter Kaufmann, Diakonisches Werk Württemberg;
Lothar Bauer, BruderhausDiakonie;
Dr. Hartmut Fritz, Samariterstiftung; Heinz Gerstlauer, Evangelische Gesellschaft;
Rainer Hinzen, Diakonie Stetten; Joachim L. Beck, Evangelische Akademie Bad Boll

Index of Contents
Introduction 5
Claudia Hettenkofer
Brazil…………………………………………………………………………………………………
Synopsis for Brazil 11
Study section Brazil 12
Case study Luana 20
Dominique Heyberger
Germany………………………………………………………………………………………….
Synopsis for Germany 24
Study section Germany 25
Case study Lara 33
Dominique Heyberger
France…………………………………………………………………………………………....
Synopsis for France 41
Study section France 42
Case study Aurelie 49
Dominique Heyberger
Korea…………………………………………………………………………………………………….
Synopsis for Korea 54
Study section Korea 55
Case study Na-Young 63
Edith Stein-Stan
Romania………………………………………………………………………………………………
Synopsis for Romania 67
Study section Romania 68
Case study Alina 75
Claudia Hettenkofer
Tanzania……………………………………………………………………………………………....
Synopsis for Tanzania 80
Study section Tanzania 81
Case study Banuelia 88
Tobias Zinser
Netherlands………………………………………………………………………………………....
Synopsis for the Netherlands 93
Study section the Netherlands 94
Case study Ruben 103
List of abbreviations 108
4

EH Ludwigsburg: International overview study of the rights and social reality of people with
disabilities in Brazil, Germany, France, Romania, South Korea and Tanzania, with a
supplementary country study of the Netherlands.
A social scientific study on behalf of the Diakonische Werk Württemberg
Introduction (Status as at 17.1.2011)
I Basis and reason for the country study
“Every individual has rights. For example, the right to be treated
properly. Everyone should enjoy good health. There are numerous
rules and laws on this in Europe and worldwide. These rules and
laws also apply to people with disabilities.” 1
This is the basic wording of the first sentence of the “United Nations Convention on the
Rights of People with Disabilities”.
The UN Convention on the Rights of People with Disabilities (UNCRPD), which came into
force on 3 May 2008 for those companies ratifying the Convention, 2 is a milestone in the
implementation of the rights of disabled people. 3 The Convention was drawn up over a period
of several years, with the key involvement by people with a range of disabilities. Many
countries have since ratified the Convention and therefore given an undertaking to provide
better support for people with disabilities. The aim is to create a society in which everyone is
entitled to participate on an equal basis. In the vernacular this is known as inclusion.
Inclusion should apply to everyone. Diaconia and the church also want to make this reality all
over the world. After all, God created every individual in his own image, no more, no less.
Under the auspices of the Diakonie Württemberg, the international conference entitled “Allinclusive!?
will be taking place from 9-11 March 2011 at the Evangelical Academy Bad Boll
and focus on the challenges faced by the church and diaconia along the route towards the
implementation of the Convention. Delegates and guest speakers from at least seven
countries, people with and without disabilities those responsible from diaconic institutions
and parishes, as well as families and other specialists, will be coming together for an
interchange of experiences on the subject of inclusion, to express their expectations and
discuss ways in which to turn these into reality.
1 Federal German Ministry for Employment and Social Affairs (publ.), United Nations Convention on the Rights
of People with Disabilities. German / English / French / plain German (Status as at January 2010), Introduction
in plain language, 79 (punctuation deleted).
2 The UNCRPD came into force on 3 May 2008. This was preceded by a process lasting several years: the text of
the UN Convention as well as the text of the additional protocol was approved on 13 December 2006 by the UN
General Assembly. To enable the text to be adopted into national law it had to be ratified by twenty member
states, in other words declared by these as legally binding on a national basis. This was achieved after it
ratification by Ecuador. (see loc. cit., Introduction, 3).
3 The UNCRPD was brought into being by the United Nations in order to counter the worldwide discrimination
and breaches of human rights perpetrated against people with disabilities. As a universal instrument of law It is
the first convention to be tailored to the life situation of people with disabilities. It defines social standards
against which the contracting states must allow themselves to be measured. The goals defined by the
convention are participation, self-determination and unrestricted equality. See. BMAS (publ.)
http://www.bmas.de/portal/10796/sgb__ix.html [Status as at: 07.12.2010]
5

This study is intended to assist in an exchange of ideas on how to promote equal
participation beyond national borders and cultures. It depicts the legal and actual situation
relating to disability in the following seven countries: Brazil, Germany, France, the
Netherlands, Romania, South Korea and Tanzania. Institutions of the Württemberg Diakonie
maintain relations with these countries on a partnership basis and these seven contextual
experiences will be represented at the conference.
The Diakonische Werk Württemberg (DWW) commissioned the Institute for Applied
Research (IAF) of the Protestant University of Applied Sciences Ludwigsburg with the
handling of the study.
II Motivation for the country study
There were three guiding issues for the design of the study concept:
• Firstly: to clarify the facts
What rights do people with disabilities have in the respective countries and how are they
implemented? What support from the social welfare state can a person with a disability rely
on and what role does the family play? Finally, particular interest was attached to the work of
church and diaconic institutions on behalf of people with disabilities.
• Secondly: the added value of international congresses
By adopting the UN Convention on the Rights of People with Disabilities, the ratifying
countries have given a commitment to taking concrete measures for the implementation of
the Convention. This is being done based on very differing levels of the social welfare state
and against the background of very differing cultural and economic framework conditions.
The aim of bringing together these types of differing contexts is to expand the horizons.
Looking beyond individual boundaries will enable people to visualize how, in some cases,
inclusion can be more easily achieved under more basic conditions. It is intended to
embolden representatives of community-based, structured systems to consistently continue
pursuing their approach. International congresses provide the inspiration for new ideas and
allow for a high level of constructive self-examination.
Case studies were chosen in order to provide the most practical way possible to illustrate the
situations in the respective countries.
• Thirdly: the contribution from the Protestant churches and their diaconic
institutions
Particular interest was attached to the Church’s commitment to the rights of people with
disabilities and the forms of offerings that have been developed within the respective cultural
grouping and social system:
Is the diaconia one of many providers of aid offerings for people with disabilities,
characterised by an ideological approach? Does the work of social welfare rest primarily on
the shoulders of the churches? Is the offering from the diaconia a peripheral phenomenon in
what is otherwise a community which is structured along secular lines?
6

In this context it would have been helpful to describe the theological evaluations of disability
and their consequences in the corresponding context. As such, whilst people with disabilities
are on the one side normally considered by Christians as having the ability to be educated at
an early age, on the other side, false and time-sensitive religious perceptions of disability as
a punishment for sinful actions reinforce the social exclusion experienced by those suffering
from disabilities and their families.
The traditional link between marriage and procreation has been a long-established bar for
couples with disabilities receiving the blessing of the Church. Even today the life themes of
sexuality and marriage in respect of people with disabilities still receive a very guarded
approach. For hundreds of years people with disabilities were excluded from the evening
meal and for some families the baptism of a child with a disability has already become a test
of courage.
These few key words identify themes of a controversial nature from the religious-diaconic
aspect and ones that resonate in some of the country studies and give grounds for more indepth
examination in the future.
III Lessons learned during the research
Whilst the research was being conducted it emerged, on the one side, just how much
impetus has been given to the global landscape of help for the disabled through the UN
Convention on the Rights of People with Disabilities. Standard works, ten years old, had
already been superseded by the change in the legal position. A significant amount of current
research work has therefore gone into this study. Specialist contact partners from all the
participating countries made themselves available for the purpose of describing the actual
reality and revising the respective country study.
The question regarding the importance of the commitment of the Church proved to be one of
the most difficult whilst carrying out the research work as this does not come within the
government agencies’ scope of responsibility and official statistics on this are kept secret. It
can be established all-in-all that evangelically-motivated social services do exist in all the
countries, although the level of effectiveness and scope varies significantly from country to
country. The international debate about these questions has started and will be continued
over the years ahead.
IV Results of the comparison between the countries
1. The UN Convention set the same objective in all the ratifying countries with regard to
the legal position for people with disabilities. However, depending upon a country’s
economic situation and the prevailing mentality in relation to disabilities, some of the
countries have so far failed to virtually implement any of the rights.
2. The extent to which the inclusion model laid down in law reflects the understanding
represented in the institutions and support services offered, as well as the attitude of
those in charge, is proving to be a key factor for the inclusion of people with
disabilities in all areas of society.
7

For example, a society that instead of supporting people with disabilities has housed
them in very basic institutions as a result of its perfectionist view of the individual, not
only needs occupational therapy know-how but also and, in particular, to work on its
image of the individual.
A society which has focused on the centralised provision of people in great need for
specialisation and economic efficiency reasons needs good opportunities for meeting
together in everyday life as well as broadly-based information in order to convince the
population to pursue the inclusion route.
3. The family remains the key social institution for people with disabilities. It bears the
responsibility for which of the available social opportunities a child can take up. The
family often has to fight to secure the child’s rights to inclusion. Where there is a lack
of provision, in the end it is often only the family that provides reliable support. Even
in highly developed systems designed to offer participation it is the parents who set
the course for development, education and career. Even here, inclusion in the leisure
activities is almost exclusively made possible only with the help of committed family
members.
4. The support for people with disabilities is crucial to their development and
prospects in later life. The quality and scope of the development services offered
depends to a significant extent on the economic framework conditions.
5. One of the key adjusters for self-determination is to what extent people with
disabilities have an independent legal entitlement to sufficient income or whether
provision is made for them dependent upon income. Income dependency
automatically means financial and therefore also psychological dependency upon the
family. This is another area in which the Convention has set out stringent
requirements that have to be implemented from the legal policy aspect.
6. Even where they are able to get work, people with disabilities do not normally earn a
sufficient salary. As such, virtually no country offers any integration into the labour
market without some compromise. A job that is unable to secure an individual’s
livelihood remains purely symbolic in terms of the employment measures.
7. Inclusion can be made more difficult as a result of both high level and low level
systems. This systematically raises the question as to whether the support for people
with disabilities is more appropriately achieved through segregation or through
inclusion. In any event, the characteristic of larger and more specialised special
institutions - special nurseries, special schools, workshops for the disabled -
represents a major hurdle to inclusion.
8

V Study methodology
The Institute for Applied Research (IAF) of the Protestant University Ludwigsburg applied the
following methodology in processing the study: 4
• Measurement instruments
International measurement tools were used in order to present the study on a comparative
basis. It is important in this context for the term disability to be defined in accordance with the
German Association for Technical Collaboration (GTZ) in varying ways depending upon the
national, social legislation and cultural standard. This gives rise to varying perceptions of
forms of disability, making it more difficult to produce comparisons of apparently reliable
information on people with disabilities. The most standard details come from the World
Health Organisation (WHO) which estimates the number of people with disabilities worldwide
at 600 million, approx. 10% of the world’s population. A lack of collation systems, or systems
which do not provide for differentiation, make comparisons complex because some people
are not recorded. There is often found to be a higher percentage of people with disabilities in
industrialised countries, whilst the percentages in developing countries are lower. A social
approach (social model) which understands disability as a social construct, is becoming
increasingly accepted as the norm in the international debate. These constructs include
barriers, stigmatisation and environmental discrimination towards people with disabilities.
These developments have been incorporated into the new model from the WHO that also
takes account of social factors in the classification of health and health-related areas. 5
The Human Development Index (HDI) of the UN represents another measurement tool. This
provides a broad spectrum for the understanding of the complex relationship between
income and well-being. The HDI covers four categories into which all countries and regions
are divided. Developed countries have achieved an HDI of 0.9 and above and are
categorised as “Very High Human Development” countries. Countries with a lower value are
designated as developing countries and under the HDI are divided into the following three
categories: “High Human Development” (0.8-0.899), “Medium Human Development” (0.5-
0.799) and “Low Human Development” (less than 0.5). 6 The study also had recourse to
publications from the Organisation for Economic Cooperation and Development (OECD)
which comprises 33 countries of the world. 7
• Research methods
The analytical section of the “international overview study” was produced using the methods
of literature and Internet research, standardised interviews with sufferers and specialists, as
well as through participation at specialist conferences.
4
The country study of “The Netherlands”, that was additionally commissioned, follows the same procedure
and structure.
5
GTZ (publ.) http://www.gtz.de/de/dokumente/de-behinderung-und-entwicklung.pdf, S.7 [Status as at:
07.12.2010]
6
See UNDP http://hdr.undp.org/en/media/HDR_2009_EN_Complete.pdf (publ.), HDI Report 2009, P.15 or 204
[Status as at: 15.09.2010]
9

• Presentation
1) Detailed country reports
All country reports have been developed and based on the following themes and questions:
1. Statistics on people with disabilities
2. Does the constitution contain statements on the area of social welfare? What role
does the state see itself playing with regard to the area of social welfare?
3. What form does the inclusion model take?
4. What explicit rights do people in need have?
5. What are the state social security benefits?
6. Who are the social work providers?
7. What forms of financing are used by the respective system?
8. What role is played by the Church and religious motivation in social welfare
provision?
9. What is the importance of informal forms of provision?
10. How is the educational system structured? What role does integration, inclusion,
social participation play in this system?
11. What are the prospects for people with disabilities?
2) Case studies
Model case studies were developed for the reconstructive section, in which the framework
conditions specific to the individual countries were placed within a fictional, biographic
development line.
In the case study the life of a child who acquires a disability in infancy was traced on a
fictional basis for each country. 8 Features specific to the individual countries were integrated
within the biographic development lines. This gave concrete form to the impact of the social
framework conditions on the life of people with disabilities. Girls were purposely chosen in
order to emphasise the role of women within the respective cultural context. Article 6 of the
UNCRPD makes reference to the fact that women and girls with disabilities are subject to
multiple forms of discrimination and calls on this fact to be taken into account in all the
deliberations on the implementation of the UNCRPD. 9
3) Country synopsis
In addition to the detailed country reports, the analytical section of this study contains a
synopsis in each case in the form as an overview. The purpose of this is to provide a quick
summary of the key data and facts.
7 See Verlag für die Deutsche Wirtschaft AG [Publishers] (publ.) http://www.vnr.de/glossar/oecd/ [Status as at
03.10.2010]
8 The case study in the country study of “The Netherlands” deviates from this by focusing on two people with
trisomy 21.
9 See appointed representative of the Federal German Government for the Affairs of Disabled People (publ.)
http://www.alleinklusive.behindertenbeauftragte.de/cln_108/nn_1430096/SharedDocs/Downloads/DE/AI/BRK
[Status as at:
05.12.2010]
10

Synopsis for Brazil 10
Total population 192 million
People with disability 2000: 24.5 million
(1)
Embodied within the Yes, Article 203, Article 208 and Article 28a.
Constitution (2)
Inclusion model (3) In the government programmes inclusion is primarily concentrated
on barrier-free access. Since poverty and hunger are directly
related to disability, efforts are also made to counter these factors.
Express rights and Numerous, special legal texts, implementation is difficult, breaches
reality (4)
of the human rights of ‘excluidos’, poorer sections of the population
do not know their rights.
State social welfare Social security system for those liable to compulsory contributions,
benefits (5)
social assistance programmes concentrate on fighting poverty, for
example educational grants (Bolsa escola).
Social work providers State institutions, independent and private organisations, large
(6)
number of international NGOs.
Financing forms (7) Social security schemes, public funding, international programmes
and donations.
Religion (8) Catholic (74%), Protestant (15%), no religion and other religions
(11%).
Role of the Church Church plays a significant and important role in the area of
(8)
education.
Role of informal forms Traditional family dominant. Extended family seen as providing
of provision (9) security in the event of need for care.
Education (10) Compulsory schooling for all children, high inclusion rate, minimal
special education, barrier-free access in mainstream schools often
not guaranteed, minimal education opportunities for children from
families with low incomes.
Future prospects (11) Increasing importance attached to inclusion. Government adapting
teaching curriculums. Street children and children with disabilities
being increasingly accepted by society.
Ratification of the UN Yes, in 2008.
Convention on the
Rights of People with
Disabilities
Monitoring agency National Coordination Agency for People with Disabilities (CORDE).
Gender and disability Highest number of single mothers in the world. Differing forms of
disability amongst men and women as a result of gender-specific
occupations.
Special strengths Measures on the government level, expanded social welfare
system, intervention to combat the gap between rich and poor, high
level of inclusion in rural areas through participation by people with
disabilities in everyday tasks.
10 Note: The figures in brackets indicate the chapter number in the respective national study.
11

National Study Brazil
Claudia Hettenkofer
1. Statistics
In Brazil the Brazilian Institute for Geography and Statistics (IBGE) collects, collates and
evaluates data on the economy, society and the environment. This data, together with a
study of the ‘Images of Disability in Brazil’ conducted by the Getúlio Vargas Foundation
(FGV) provides an overview of the forms and frequency of disability in Brazil. 11
In 2000 the IBGE carried out a demographic census which showed that 24 million people
suffer from a disability. This represents approx. 14% of the total population of 192 million. 12 It
is further assumed that the census does not cover everyone with a disability. The largest
proportion (17%) can be found in the North East region and the smallest (13%) in the South
East of the country. A breakdown by city and region shows a concentration in the cities,
where 20 out of every 100 inhabitants have a disability, compared with five in the rural
regions. 13 A breakdown by colour of skin reveals significant social and ethnic variations.
According to the IBGE, fair-skinned people are less likely to be affected by disability than
‘Indios’ and people with dark skin colouring. This is attributable to the fact that the latter
group has poorer access to healthcare. The definition of disability is based on the
classification by the WHO which draws a distinction between mental, physical, hearing, and
visual disability plus poor motor coordination. Unlike the WHO multiple disabilities are not
listed 14 so people with multiple disabilities are listed separately in the statistics as each
disability is recorded individually. This gives a theoretically higher number of disabled
people. 15
2. Constitution
Following the overthrow of the military dictatorship in 1985 the aim was to strengthen
democracy through the establishment of the constitution in 1988. Over 60,000 submissions
were received from amongst the population, making a significant contribution to the creation
of this constitution. Never before has such a project of this type and nature been drafted with
the help of the people. The constitution is considered to be one of the most democratic in the
world.16 The Federal Republic of Brazil is a democratic state governed by the rule of law, the
constitution of which takes express account of the rights of people with disabilities. The
fundamental principles state that all people, without exception, are equal before the law and
that everyone has the inalienable right to life, freedom, equality, security and land ownership.
Under Article 208, people with disabilities have the right, embodied within the constitution, to
a special education, preferably in mainstream schools.17 In the scale of the Human
Development Index (HDI) taken from the year 2009 Brazil is ranked around mid table in 75 th
11
IBGE=Instituto Brasileiro de Geografia e Estatística; See Federal Ministry for Education and
Research (Publ.) [Status as at: 24.09.2010]; FGV=Fundacion Getulio Vargas. Note: The Foundation
was responsible for the area of disability within the framework of the IBGE study. Its study provides a
correlation between the forms and severity of disability and the socio-demographic and political
aspects.
12
See World Bank (Publ.), Global Development Indicators [Status as at: 01.11.2010]
13
See Center for International Rehabilitation (Publ.) [Status as at: 27.09.2010]; IBGE (Publ.), 2003
14
See Hüttl, Beate (2010), P. 63-69 [Status as at: 23.11.2010]; IBGE (Publ.), 2003
15
See IBGE (demographic census 2000, nota 1)
16
See Brazilian Embassy [Status as at: 26.09.2010]
17
See Brazilian Government, Constitution [Status as at: 26.09.2010]
12

position out of 182 countries in total. It is included amongst the developing nations in the
‘High Human Development’ category. 18
3. “Inclusion” Model
In 2008 Brazil ratified the UN Convention on the Rights of Persons with Disabilities
(UNCRPD). The Secretariat for Human Rights (SDH), together with its subordinate body for
the Promotion of the Rights of Persons with Disabilities (SNPD), is responsible for the
implementation and coordination of the national policy. In 2009 the SNPD established the
National Coordination Office for the Integration of People with Disabilities (CORDE). 19 It
passes laws and legal provisions and endeavours to create innovative forms of social
inclusion. 20 The National Multi Year Plan 2004 to 2007 21 and the programme entitled ‘Brazil
Barrier-Free Access’ 22 , make provision for the expansion of the training for experts in social
welfare in order to provide support for people with disabilities and to assist in the PR work of
advertising Brazil as a country that offers barrier-free access. The national discussion
between experts on inclusive education promotes the concept that greater importance must
be accorded to the social dimension of barrier-free access since this does not just mean
building ramps but also creating social equality. 23
At first sight people with disabilities are integrated into the country’s political scene. The
social reality however is that they tend to be more “tolerated” than acknowledged. This is
evident from material and social barriers in Brazilian society. People with disabilities
experience ignorance, prejudice, discrimination and inequality. In some areas the
professional system of help for people with disabilities, aimed at creating integration, has
achieved the opposite. Exclusion is becoming more apparent and more extensive as a result
of the progressive segregation in schools, clinics and homes. We also see people with
disabilities experiencing severe restrictions in the social area, for example in the search for a
partner or choice of jobs. 24 A report by church social workers draws attention to the fact that
the birth of a child with a disability is frequently interpreted by society and families as a
punishment by God and viewed as a shameful sin. In the absence of support from the public
sector the child is frequently left with its family grouping as its only life environment.
Depending upon the attitude of and interpretation by the parents, for the child this means a
life between being protected and hidden away within an environment that rejects it. This is
18
See UN (Publ.) HDI Report 2009, S. 144 [Status as at: 26.09.2010]
19
See Baldi, César Augusto [Status as at: 27.09.2010]; SDH=Secretaria dos Direitos Humanos;
SNPD=Subsecretaria Nacional de Promoção dos Direitos da Pessoa com Deficiência;
CORDE=Coordenadoria Nacional para integração da Pessoa Portadora de Deficiência; See
Presidente da República, CORDE [Status as at: 29.09.2010] (Trans.. Stefan Mangerich)
20
See Escola de Enfermagem de Ribeirão Preto / Universidade de São Paulo: [Status as at:
15.10.2010]; Note: The Coordination Office comprises 15 technical experts, five of whom have a
disability. See Center for international Rehabilitation (Publ.) [Status as at: 16.11.2010]
21
Note: Original title: Programa Nacional de Acessibilidade no Plano Plurianual 2004/2007
22
Note: Original title: Programa Brasileiro de Acessibilidade Urbana – Brasil Acessive!; See
Acessibilidade Brasil: [Status as at: 27.09.2010]
23
Note: On the political level the discussion is primarily on structural measures aimed at creating
inclusion. See Loiola, Mariana [Status as at: 15.10.2010]; Krausnick, Michail (2009), P.93; Loiola,
Mariana (2004) [Status as at: 27.09.2010]
24
See Krausnick, Michail (2009), P.92f; Hüttl, Beate (2010), P.71
13

how the parents attempt to escape the hurtful prejudices and discriminatory views of blame
and shame. 25
Of the 24 million people with disabilities, nine million are employed, 5.6 million of whom are
male and 3.4 million female. Five million of these earn less than 930 Real (410 Euros),
approx. twice the minimum salary of 465 Real. They are predominantly employed in the
services sector. According to the national IBGE study people with a disability normally have
one year’s less education than the average for society. 22% of the 24 million people with
disability have never been to school. There is a direct correlation between the lack of an
education and living in poverty. 29% of people with a disability live below the poverty line. 26
4. Rights
Over the last 20 years the legal position of people with a disability has changed significantly.
Existing laws have been revised and new ones introduced. Act no. 7853 from 1989 makes
express reference to the rights of people with disabilities, including to the rules in the event of
non-compliance with these laws. As such, abuse of the law is punished by a fine or
imprisonment of up to four years. These penalties can also be applied to non-compliance
with the labour laws. Act no. 8213/91 regulates the percentage of working people with
disabilities. Under this law employers with more than 100 employees have an obligation to
award at least 2% of the jobs to people with a disability. Other laws from 1999 and 2000 (Act
no. 3298 and 10048) contain provisions for the national policy on integration, in particular for
institutions which receive government grants. In 2001 Act no. 10216 set out the rules on
protecting the rights of people with mental disorders. It establishes new approaches in
dealing with people suffering from mental illness. Act no. 10436 from the year 2002
recognises Brazilian sign language as a legal form of communication and expression.
Decree no. 4360 of the same year regulates the provision of long-term assistance for people
with disabilities as well as older people. Act no. 10754 from 2003 deals with the tax
exemption for vehicles used for the transportation of people with disabilities. 27
Despite numerous improvements on the statutory level, experts stress that over recent years
there have been virtually no changes with regard to the implementation of general human
rights. People with disabilities, women, children, dark skinned people, Indios, prisoners,
homosexuals and those living in poverty continue to number amongst the ‘Excluídos da
Sociedade’, those excluded from society. They have to fight for their rights. This includes
gaining access to educational institutions, medical provision, employment, housing, sport,
leisure and culture. There are comprehensive laws in place to safeguard these rights for
everyone. Nevertheless anyone classed as ‘different’ is systematically excluded from
Brazilian society. Many of the statutory provisions are not being implemented in practice. In
2003 the human rights organisation Justiça Global published a report on human rights in
Brazil. The report highlights the discrepancy between progressive standards and their lack of
implementation in practice. Two aspects are named as the main cause: the split in Brazilian
25 Note: Handicap International points out that children with disabilities are also being placed in peril or
even killed, or left to die of hunger. See Krausnick, Michail (2009), P.96
26 See IBGE (Publ.), 2003; Note: According to the UN 22% of the total population live in poverty. See
Krausnick, Michail (2009); According to the IBGE 45% of all children and young people live in poverty
and 33% of all families have an income of less than half the minimum wage. See Hüttl, Beate (2010),
P. 25
27 See Hüttl, Beate (2010), P.72; Center for International Rehabilitation (Publ.) [Status as at:
27.09.2010]
14

society into totally unequal stratas of the population and the scant awareness that all people
are granted the same, inalienable rights. 28
5. Social Welfare Benefits
The social welfare situation is being influenced by the increasing ‘economisation’. As a result
of market deregulation, the privatisation of education, social welfare and healthcare have all
exacerbated the problems for people with disabilities and those from the poorer sections of
society. The number of unemployed and those suffering from poverty has consequently
risen. In the cities many children and old people live on the streets. 29
The Brazilian Ministry for Social Welfare (MPS) is responsible for the social security system
which benefits those people in registered employment and subject to compulsory
contributions, as well as their families. The main task of the MPS is to monitor social welfare
service offerings and to grant social welfare benefits. The insurance covers sickness,
accident, pregnancy, child allowance, disability pension, liability, death and retirement
pensions. 30
Anyone who has been subject to unfair dismissal, or released from unreasonable working
conditions, is entitled to the unemployment benefits. The payments ensure financial provision
and are calculated on the basis of the average salary over the last three months prior to the
end of the contract of employment. The amount varies between 510 Real (225 Euro) and 950
Real (420 Euro), is paid over a period of five months and is dependent upon the situation of
the benefit recipients. 31 In addition, the Ministry for Social Development and Combating
Hunger (MDS) was set up in 2004. It is responsible for the social integration of people living
in poverty and suffering from hunger and is intended to secure a minimum income for
families and also offers social assistance programmes such as “Bolsa Familia”. This gives
families living in poverty access to education and healthcare e.g. through the distribution of
food, support for family farming businesses and conducting healthy eating campaigns. This
programme caters for more than 12 million families and people with disabilities and ensures
provision of the basic needs for the poorest of the poor. The financial support is calculated on
the basis of income as well as the number and ages of the dependant children in the
household. 32
6. Social Welfare Providers
The social work carried out by the public sector is structured on a decentralised basis and is
known as the Social Assistance System (SUAS) 33 . It was created in 2005 as a system for the
shared administration of and co-financing for the autonomous service offerings on the
federal, regional and district levels. Social welfare services are offered by various
organisations such as private undertakings, public sector institutions and private sector
organisations. The Ministry for Social Welfare (MPS) published a report on the private
28
See Hüttl, Beate (2010), P.69 [Status as at: 26.09.2010]; Carvalho, Sandra E.de., 2004, P.11
29
Note: According to an estimate by ‚Terre des hommes‘, there are seven million children living on the
streets. They survive by polishing shoes, washing cars, through prostitution, theft, mugging and
begging. See Krausnick, Michail (2009),P.94; Presidente da República, Lei No.10.098 [Status as at:
27.09.2010]
30
MPS=Ministerio Previdência Social; See Ministério da Previdência Social [Status as at: 27.09.2010]
31
See Ministério do Trabalho e Emprego (Publ.) [Status as at: 27.09.2010]
32
MDS=Ministério do Desenvolvimento Social e Combate à Fome; Note: See Act. nos. 10836/04,
10836/04 and Decree No. 5209/04; See Presidente da República, Lei No. 10.098 [Status as at:
27.09.2010]; MDS (Publ.) [Status as at: 27.09.2010]
33
SUAS=Sistema Único de Assistência Social
15

charitable institutions. This report shows that 16,000 institutions have disclosed that they
operate as social welfare providers. These service offerings are subject to regulation by the
MPS. There are two key areas which deal with matters relating to the subject of disability: the
Coordination Agency CORDE and the Advisory Commission CONADE. 34 The latter is made
up of representatives from the ministries and civil society, as well as organisations and
groups that represent various types of disability. In order to ensure that the rights of people
with disabilities are effectively protected, cooperation between that the Office of the State
Prosecutor, the Executive and the organisations for people with disabilities is promoted.
There are currently approx. 1,000 governmental and non-governmental organisations that
promote the rights of people with disabilities and receive funding from the Secretary of State
for Social Assistance (SEAS). 35 One of the leading charitable organisations is the
Organisation for the Support of Children and People with Disabilities (AACD) founded in
1950. Its aim is to provide treatment, rehabilitation and reintegration into society. It organises
fundraising marathons and congresses and also offers specific measures such as
hydrotherapy and ergotherapy. 36
One of the most important institutions operating on the national level is the ‘Association of
Parents, Friends of those in Special Need’ (APAE). It was founded in 1954 and set itself the
objective of providing support in particular for people with multiple and mental disabilities.
There are now more than 2,000 institutions of this type in 23 of the country’s federal states
providing support for approx 250,000 people. 37
The work with the disabled through religious-based initiatives offers leisure activities, such as
dancing, music and sport for young people with disabilities. The aim of these initiatives is to
strengthen the sense of self-worth and to make a contribution towards a lifestyle which offers
self-determination and independence. They endeavour to sensitise the population to the
needs of people with disabilities and to create an awareness of the fact that people with
disabilities have a right to social inclusion. 38
7. Forms of Financing
The data published by the Brazilian Finance Ministry in 2009 revealed that the gross burden
of taxes and duties levied in Brazil represents approx. 33% of the gross social product. Brazil
has a higher burden of taxes and duties compared with other countries. Some of the taxes
are reinvested in the Brazilian social security system. 39 In 2006 the National Institute for
Statistics (IBGE) published data on a study conducted by private, charitable institutions
engaged in social work. This shows that up to 60% of the social services are financed out of
donations as well as own, private and voluntary funds. One third (33%) is provided by the
34
See Government Brazil, Sistema unico de assistencia social (Transl. Stefan Mangerich) [Status as
at: 13.10.2010]; CONADE=Conselho Nacional dos Direitos da Pessoa Portadora de Deficiência
35
SEAS=Secretaria de Estado da Assistência Social; See Center for International Rehabilitation
[Status as at: 04.10.2010]
36
AACD=Associação de Assistência a Criança Deficiente [Status as at: 27.09.2010]; See AACD
[Status as at: 16.10.2010]; AACD, Video: [Status as at: 16.10.2010]
37
APAE=Associação dos País e Amigos dos Excepcionais; See Ministério da Previdência Social
(Publ.) [Status as at: 27.09.2010] (Trans. Stefan Mangerich)
38
See Krausnick, Michail (2009), S.96
39
See Brazilian Federal Ministry of Finance (Publ.) [Status as at: 29.09.2010] (Transl. Stefan
Mangerich)
16

state, 2% comes from abroad and 5% from other, non-specified sources. 40 The local
authorities are entitled to state support and co-financing for the programmes, services and
projects. The National Fund for Social Assistance (FNDS) allocates the funds provided by
central government. 41 Education is half funded by public and half by private sources. The
private sector maintains nurseries and private schools. In this sector the key providers of
education and further training are primarily the churches and nationwide providers, SENAI
and SENAC. 42
8. Church and Religious Motivation
The dominant faith in Brazil is Catholicism. The affiliation to the various religions is as
follows: 74% of Brazilians are Catholic, 15% Protestant and 11% belong to no religion or
other religions such as for example Indian nature religions and Afro-Brazilian cults such as
Candomblé. 43
The role of pioneers in Brazilian educational institutions is attributed to the Jesuits who came
to the country in 1549. Their aim was to spread the Catholic faith and to simultaneously
promote the work of education. Up to 1749 the Jesuits was seen as the sole ‘force for
education. After they were driven out of all the Portuguese colonies all attempts to provide
education came to a halt.44 It was primarily the churches and religiously-motivated groups
who made their services available to the wider general public.45 The Pastoral da Crianca
institution plays an important role in the social development of disadvantaged people, both
the disabled and able-bodied people. This organisation was formed by the National
Conference of Brazilian Bishops (CNBB) whose objective is to provide needy children under
the age of 6 with a meaningful existence.46 Another organisation with a religious orientation
is Santas Casas. It was formed in 1543 shortly after the country was discovered, with the first
institution being established in the city of Santos. With approx. 2,500 institutions Santas
Casas provides approx. 50% of all beds in the country’s hospitals.47 Another important
institution is the Legião da Boa Vontade (LBV), a charitable, ecumenical citizens’
organisation founded in 1950.48 In 2009 for example it lent support to over eight million
disabled and able-bodied people living in dire circumstances. 49
9. Informal Forms of Provision
The family situation is seen as complex. There are major differences between the life
situations of poor and rich families as well as those who live in the city or the rural areas.
40 See IBGE [Status as at: 29.09.2010] (Transl. Stefan Mangerich)
41 FNDS=Fundo Nacional de Assistência Social; See MDS (Publ.), SUAS [Status as at: 29.09.2010]
(Transl. Stefan Mangerich)
42 SENAI=Serviço Nacional de Aprendizagem Industrial. SENAC=Serviço Nacional de Aprendizagem
Comercial. Note: SENAI is the training and further education organisation of the Brazilian Employers‘
Federation and the largest provider in Brazil. SENAC is a vocational training institution which is geared
towards the whole population. Hüttl, Beate (2010), P.104
43 See Centro Turismo Alemão, 2007
44 See Hüttl, Beate (2010), S.98
45 Note: The following play an important role: Santas Casas, the Irmandades Leigas and Vinzentiner
Orden. See Damião Alves de Azevedo, Por uma compreensão constitucionalmente adequada da
Assistência Social [Status as at: 29.09.2010] (Transl. Stefan Mangerich)
46 CNBB=Conferencia Nacional dos Bispos do Brasil; See Pastoral da Criança (Publ.) [Status as at:
29.09.2010] (Transl. Stefan Mangerich)
47 See CMB (Publ.) [Status as at: 29.09.2010] (Transl. Stefan Mangerich)
48 See Centro de Informação das Nações Unidas- Rio de Janeiro [Status as at: 16.10.2010]
49 See LBV [Status as at: 29.09.2010] (Transl. Stefan Mangerich)
17

Society is generally dominated by the traditional form of the family comprising a married
couple and their children. The importance of the family lies in the psychological and
emotional ties between the members of the family. Another important feature is the tie to
extended families. Although the individuality of each couple is respected, the couples are
expected to maintain close ties with their original families. The level of closeness as well as
the extent of the involvement with the original family in the couple’s everyday life varies
according to social, economic and relational factors. The extended family is seen as a
safeguard should a family member require care. There have been significant changes in
family life during the last three decades of the 20 th Century. This has led to the creation of
additional, diverse and complex forms of co-habitation. There has been an increase in the
number of families in which both parents work, single parents and couples who have
remarried. On the political level there is currently a movement aimed at giving women more
rights and enabling them to live a more independent life. 50
Within a family everyone supports everyone else. Daughters and sons live together with their
parents under one roof until they get married. To the last the parent’s home represents a
special form of protection, being seen as a shelter for continuity and security. When the
parents become dependent the children endeavour to rectify the situation. The father is seen
as the head of the family. The mother takes those decisions that affect the household and
the children or delegates these decisions to any domestic staff. The father decides which
man his daughter may marry. In the poorer districts single mothers are predominant. Brazil is
the country with the highest number of single mothers in the world. This is often due to the
fact that fathers do not make sufficient contributions to the upkeep. The resultant frustration
and aggression leads to the break-up of the family that would otherwise have stayed
together. Approx. 50 million people live in Favelas. Many of these people have difficulties in
meeting their basic needs. In some families the social welfare benefits to which the child with
a disability is entitled represent the family’s main source of income. Financial poverty is
therefore a barrier to a secure (inclusive) future for the child as the money cannot be
invested in development measures. 51 For people with a disability this makes a significant
difference to their opportunities for inclusion, whether they live in rural or urban areas. They
are integrated within the rural areas without being taken into greater consideration. They
work on the land, in the family’s own business or they carry out household chores. In the
cities some children with a disability are hidden away by their parents and consequently
suffer from exclusion. 52
10. Education
Since the education reform in 1971 there are no longer any differences in the various types
of schools. Instead, there is a primary school that extends over a period of eight years and
subsequent secondary education for three years. Students can gain a general secondary
education certificate in three years or through on-the-job training in four years. From the age
of 14 students can catch up on their education free of charge within the framework of the
adult education system as many poor people are unable to attend basic schooling. 53 The
education system is essentially divided into two areas: the ‘educação básica’ - the preschool
50 See Bruschini et. al [Status as at: 03.10.2010]
51 See Fritzsche, K. Peter [Status as at: 03.10.2010]; Hüttl, Beate (2010), S.235f.; Brazil de (Publ.)
[Status as at: 03.10.2010]
52 See Hüttl, Beate, (2010), S.87
53 See Hoffmann, Erik [Status as at: 30.09.2010]
18

and school area covering nursery schools, kindergartens and mainstream schools and the
‘educação superior’ - the vocational training route that covers all further education
institutes. 54
The situation regarding education policy in Brazil has been continually improving since 1990.
The illiteracy rate has fallen and there has been an increase in the numbers attending school
as well as the length of the time spent in training. This reflects the increased interest on the
part of the government in providing the entire population with access to education. A grant
programme, “Bolsa Escola”, was introduced in 2000 for children from families with a poor
social standing with monthly incomes per person of less than 90 Real (40 Euro). 55
The subdivision into private and state schools leads to a gap between children from well-off
families and those from financially less prosperous backgrounds and reinforces a two-class
society. Poorer parents are forced to pay excessive money for schooling so their child can
enjoy a good education in a private school. 1996 saw the passing of an Education Act (LDB)
which led to the restructuring of the education system.56 This generally facilitated an
increase in school attendance rates and consequently in the delivery of compulsory
schooling.57 Since the current President took office in 2003 top priority has been promised to
the areas of education, upbringing and the fight against poverty. Despite the changes and
investment it is still an education system which is highly exclusive, reinforces the social
differences in the various social strata and in which the pressure of competition is a
characteristic feature. Students with disabilities are at the top of the separation list. Children
who are perceived as being ‘different’ are often excluded from the mainstream schools. 58 The
IBGE study from the year 2000 clearly shows the disadvantage suffered by children with
disabilities: 11% of them have received no schooling. Amongst those with severe disabilities
the figure was 25%. Over recent years ever increasing importance has been attached to the
subject of inclusive education.
In 2005 41% of children with disabilities received education at public mainstream schools. 59
In practice, the implementation of inclusion is proving difficult. The infrastructure of many
schools does not permit any barrier-free use. The teachers have not received sufficient
training in special education needs and there is often a lack of materials and funding for
special aids. 60
11. Prospects
International guidelines, to which Brazil has committed itself since it ratified the UNCRPD,
will have a significant impact on the prospects for people with disabilities. 61 The latest reports
from Inclusion Interamericana show that important progress has been made. 62 This is
reflected in particular in a new understanding of what inclusive education, integration into the
labour market and the social inclusion of people with disabilities can mean. The ability to
54
See Hüttl, Beate (2010), S.102
55
See Government Brazil, Bolsa escola [Status as at: 30.09.2010]
56
LDB=Lei de Diretrizes e Bases da Educação
57
Note: The literacy rate in 2003 was 88%; See Hüttl, Beate (2010), S.67f.
58
See Hüttl, Beate (2010), S.71
59
See Ministério da Educação - MEC/ INEP, 2006 [Status as at: 16.10.2010]
60
See Hüttl, Beate (2010), S.105
61
Note: In 1990 Brazil ratified Convention 159 of the ILO on occupational rehabilitation and
employment and in 2001 the Inter-American Convention on the elimination of all forms of
discrimination of the individual and the disabled. See Krausnick, Michail (2009), P.97
19

implement the change process differs due to economic and social inequalities which vary
from region to region. The government is endeavouring to change the curriculums in such a
way that many teachers will be forced to re-examine and expand their expertise in terms of
special education needs. This will lead to students with disabilities and even street and slum
children increasingly being accepted by society since inclusion means “Education for all”,
with no-one being excluded. Over recent years increasing interest and attention has been
paid to the subject of inclusive education and this has led to publications, conferences and
congresses throughout the country. 63
12. Case Study
Infancy 64
Luana was born at home. Her family lives in a rural region. They keep their head above
water through their farming and are able to feed themselves by working extremely hard. 65 At
times the diet is very one-sided. When Luana is three she suddenly falls ill. When she
becomes increasingly weak her parents take her to the nearest hospital. After spending the
entire night in the waiting room there the family decide to return home as the hospital was
still overflowing and they want their daughter to have some peace and quiet. Having arrived
home their daughter’s condition increasingly deteriorates. Luana has repeated fainting spells.
The next morning the family return to the hospital where they once again wait all day. Finally,
Luana is seen by a doctor who confirms that as a result of malnourishment Luana has been
suffering from an iron deficiency for a number of weeks. During additional examinations it
emerges that she has already suffered damage to her audio and visual system and her
intellectual capacity has also been impaired. 66 Initially her parents do not know how to deal
with this and take their daughter back home with them.
Childhood
At an early age Luana accompanies her parents into the fields because they have to work in
order to feed themselves. Whilst working there she meets other children from the
neighbourhood. When she is five years old, like other children, she starts to play a full part in
her parents’ farm work. Luana finds the work hard. The family’s neighbours see that Luana is
different to the other children. They are kind to her.
School
When Luana reaches the age of seven 67 her parents hope that their daughter will receive an
education at the nearby public mainstream school. This turns out to be difficult because in
addition to her hearing and visual disabilities Luana also suffers from a mental disability and
the teachers at the school do not feel they are adequately trained to help her develop
appropriately. Luana is not given a place at the school. There is no state or private special
62 See Inclusion Interamericana [Status as at: 04.10.2010]
63 See Federação Nacional das Apaes [Status as at: 04.10.2010]
64 In the construction of this case study, unlike in the other countries, the illness meningitis cannot be
selected since Luana would probably have died from it as a result of the situation regarding the
country’s medical provision. See Brazil.de (Publ.), Healthcare System [Status as at: 03.10.2010]
65 See German Institute for Combating Poverty (Publ.) [Status as at: 08.10.2010]
66 See Medizinfo (Publ.) [Status as at: 16.10.2010]
67 Note: In Brazil there is compulsory schooling from the age of 7 to 14 but this is not monitored by the
authorities.
20

school in her village. The nearest one is far away and her parents are unable to take her
there. Luana remains at home and works in the fields.
Leisure
When her parents take her to church one of the mothers notices the little girl. She starts up a
conversation with Luana’s parents and tells them about her work in a nearby centre for the
disabled. 68 The woman invites Luana and her parents to visit the centre. The very next day
Luana visits the centre together with her parents. Right from the outset she feels at home
and quickly engages with other children who share a similar fate. Luana’s parents are
positively surprised by this project and try to obtain a place for her there. They are
successful. They are shown exercises that can help Luana’s targeted development at home.
The very next day she is taken on in the group and from then on visits it on a daily basis.
School
Luana makes great progress. The staff at the centre seek a meeting with her parents. They
want to encourage them to make another attempt to get Luana educated in the village
mainstream school. The social worker accompanies Luana’s parents to the appointment at
the school. She points out the progress that Luana has already made in such a short time
and offers to organise and carry out further training for the school’s teachers so that they can
meet the special needs of children with disabilities. She is successful. Luana is allowed to
attend the school for a trial period. One week later Luana has her first day at school. Initially
everything seems to go well. The other children are interested in her and Luana feels
accepted. But the situation doesn’t remain like that. Just two months later Luana no longer
feels welcome. The other children laugh at her when she says something. The class teacher
asks her parents to come in for a talk and advises them to take Luana away from the school
as she can no longer be tolerated because she disrupts the lessons. In addition, Luana has
already completed her compulsory schooling as she is 14 years old. The parents talk to
Luana and together they decide she should leave the school. The family cannot afford a
private school.
Transition to working life and young adulthood
Now that Luana no longer goes to school her parents expect her to come back to work on
the farm. Luana acquiesces. Gradually she develops her own ideas and wishes on how she
would like to live her life. She doesn’t want to continue working in a field but instead to move
to the nearest city in order to look for a job. She has no training. She hopes to find a job in
the city. Her parents are initially against the idea but she is able to convince them and moves
out. She quickly realises that her new way of life will not be easy. She is now dependent
entirely on herself and can no longer count on the backing of her family. She senses how
68 Note: CERVAC - das Centro de Reabilitação e Valorização da Criança – is one example. It was
formed in 1988 by committed parents and receives support from the Kindernothilfe (Children in Need)
organisation, a centre for 240 children. The children and staff at the centre have seven treatment
rooms, a dining room, a kitchen, two teaching rooms, two therapy pools, two lounge areas, a room for
pre-school work and two offices available for their use. In addition to the paid part and full-time staff
there are around 30 mothers regularly engaged in the rehabilitation work for their children. Targeted
forms of therapy and individual development support help to give the children appropriate
encouragement. Thanks to this support, one third of the children attend a mainstream school.
CERVAC offers further training for teachers in order to achieve inclusion for children with disabilities.
See Kindernothilfe [Status as at: 16.10.2010]
21

many people recoil from her or avoid her. On the street Luana meets a woman who takes her
in and provides her with a housemaid’s job with a family. This family is more prosperous and
even offers Luana the opportunity to live in the house with them. Luana accepts the offer but
often feels lonely there and misses her family as well as a friend who supports her. She
increasingly gets the feeling that she is being exploited by the family she is working for. She
works continually from Monday to Sunday with virtually no time for herself. 69
Adulthood
After having worked in the family for just three years Luana leaves and goes in search for
another job. She is currently not earning any money for her upkeep. Luana remains lonely,
she has no-one on whom she can rely. She meets a young man who promises her love and
a wonderful life. She believes everything he says. She slides into prostitution. Infectious
diseases and birth control have never been explained to her. 70 Life becomes increasingly
more difficult. She is only able to keep her head above water through prostitution and
occasional jobs. At the age of 45 she decides to return to her home village. She increasingly
misses her parents who themselves are now reliant on support. She now hopes to be able to
take over her parents’ farming work. Back in the village Luana meets Paulo, a farm worker
who knows her parents. The two fall in love and together take up the farming work. Luana
spends the next two decades together with Paulo.
Old age
When she reaches old age Luana suddenly gets a high fever which subsides after two days.
She can no longer work in the field. Paulo cultivates the field on his own. Luana spends most
of the day alone in her hut. The fever returns in phases. She feels too weak to attend the
village hospital. Within three days the symptoms have become worse. At the age of 65
Luana dies from the consequences of dengue fever. 71
Bibliohgraphy:
AACD (Associação de Assistência a Criança Deficiente: http://www.aacd.com.br/relatorio_atividades.pdf [Status as at:
27.09.2010]
AACD: http://asconcongressos.com.br/eventos/2009/aacd/ingles.php?conteudo=10 [Status as at: 16.10.2010]
AACD, Video:
http://comunidadeaacd.ning.com/video/2406047:Video:91834?commentId=2406047%3AComment%3A119066&xg_source=acti
vity [Status as at: 16.10.2010]
Acessibilidade Brasil: http://www.acessobrasil.org.br/index.php?itemid=263 [Status as at: 27.09.2010]
Baldi, César Augusto, Convenção sobre os direitos das pessoas com deficiência e o Brasil: http://www.paranaonline.com.br/canal/direito-e-justica/news/408355/?noticia=
CONVENCAO+SOBRE+OS+DIREITOS+DAS+PESSOAS+COM+DEFICIENCIA+E+O+BRASIL
Brazilian Embassy: http://brasilianische-botschaft.de/politik/demokratie-und-rechtsstaat/ [Status as at: 26.09.2010]
http://brasilianische-botschaft.de/politik/ [Status as at: 26.09.2010]
Brasilien.de (Publ.): http://www.brasilien.de/volk/soziales/familie.asp [Status as at: 03.10.2010]
Brasilien.de (Publ.), Healthcare System: http://www.brasilien.de/land/leben/gesund.asp [Status as at: 03.10.2010]
Brazil Government, Constitution: http://www.v-brazil.com/government/laws/titleVIII.html [Status as at: 26.09.2010]
Bruschini et al.: http://family.jrank.org/pages/178/Brazil-Aspects-Contemporary-Family.html [Status as at: 03.10.2010]
Federal German Ministry for Education and Research (Publ.): http://www.kooperationinternational.de/brasilien/themes/info/detail/data/24166/backpid/13/?PHPSESSID=c332
[Status as at: 24.09.2010]
69 Note: In 2003 the human rights organisation Justiça global published a report on human rights in
Brazil. The report points to the discrepancy between progressive standards and their lack of
implementation in practice. See Carvalho, Sandra E.de, P.11
70 See Index Mundi, Life Expectancy of Women [Status as at: 08.10.2010]
71 See Index Mundi, Life Expectancy of Women [Status as at: 08.10.2010]; See Heinemann, Pia
[Status as at: 16.10.2010]
22

Brazilian Federal Ministry of Finance: http://www.1.folha.uol.com.br/mercado/792959-cara-tributaria-no-brasil-e-maior-doque-nos-eua-dinamarca-lidera.shtml
[Status as at: 29.09.2010]
Carvalho, Sandra E. de: Human Rights in Brazil. 1 st edition Berlin 2004.
Centro Turismo Alemão (DZT) (2007). Market information Brazil 2007. São Paulo.
Center for International Rehabilitation (Publ.): http://www.ideanet.org/content.cfm?id=535D [Status as at: 27.09.2010]
Centro de Informação das Nações Unidas- Rio de Janeiro: http://unicrio.org.br/unic-rio/ [Status as at: 16.10.2010]
CMB (Publ.): http://www.cmb.org.br/ [Status as at: 29.09.2010]
Damião Alves de Azevedo, Por uma compreensão constitucionalmente adequada da Assistência Social:
http://www.cnecprsp.edu.br/files/instrucoes/2/anexo.pdf [Status as at: 29.09.2010]
German Institute for Combating Poverty (Publ.): http://www.armut.de/definition-von-armut.php [Status as at: 08.10.2010]
Escola de Enfermagem de Ribeirão Preto / Universidade de São Paulo:
http://www.scielo.br/scielo.php?script=sci_arttext&pid=S0104-11692007000700022 [Status as at: 15.10.2010]
Federação Nacional das Apaes: http://www.apaebrasil.org.br/noticia.phtml?n=24521 [Status as at: 04.10.2010]
Fritzsche, K. Peter: http://www.dochost.de/index.php?option=com_content&task=view&id=87&Itemid=82 [Status as at:
03.10.2010]
Government Brazil, Sistema unico de assistencia social:
http://www.tj.sp.gov.br/Download/Corregedoria/pdf/sist_unico_as.pdf [Status as at: 13.10.2010]
Government Brazil, Bolsa escola:
http://www.e.gov.br/defaultCab.asp?idservinfo=42069&url=http://www.caixa.gov.br/Voce/Social/Transferencia/bolsa_familia/saib
a_mais.asp [Status as at: 30.09.2010]
Heinemann, Pia: http://www.welt.de/wissenschaft/article1843735/Dengue_Fieber_wuetet_am_Zuckerhut.html [Status as at:
16.10.2010]
Hoffmann, Erik, Brazilgate: http://www.brasilgate.com/main/bildungkultur.php [Status as at: 30.09.2010]
Hüttl, Beate: Inclusion of students in the education system of -TERESINA - PIAUÍ -Brazil, Carl von Ossietzky, University of
Oldenburg 2010.
IBGE, Censo Demográfico 2000
IBGE (Publ.) 2003. Censo Demográfico 2000. Nupcialidade e fecundidade. Resultados da Amostra. Rio de Janeiro
Inclusion Interamericana: http://www.inclusion-ia.org/indexeng.htm [Status as at: 04.10.2010]
Index Mundi: http://www.indexmundi.com/g/g.aspx?c=br&v=35&l=de [Status as at: 08.10.2010]
Index Mundi, Life Expectancy of Women: http://www.indexmundi.com/g/g.aspx?c=br&v=35&l=de [Status as at: 08.10.2010]
Kindernothilfe (Publ.): http://www.kindernothilfe.de/waz-path-2,7,87,89.html [Status as at: 16.10.2010]
Krausnick, Michail: Disability: Who is a barrier to whom? (Edition Human Rights). 1 st edition Bad Honnef 2009.
LBV: www.lbv.org.br [Status as at: 29.09.2010]
Loiola, Mariana:
http://arruda.rits.org.br/rets/servlet/newstorm.notitia.apresentacao.ServletDeSecao?codigoDaSecao=3&dataDoJornal=1086986
731003 [Status as at: 15.10.2010]
Loiola, Mariana 2004: http://www.acessobrasil.org.br/index.php?itemid=263 [Status as at: 27.09.2010]
MDS (Publ.): http://www.mds.gov.br/sobreoministerio [Status as at: 27.09.2010]
MDS (Publ.), SUAS: http://www.mds.gov.br/suas/fnas-mds [Status as at: 29.09.2010]
Medizinfo (Publ.): http://www.medizinfo.de/endokrinologie/schilddruese/hypothyreose.htm [Status as at: 16.10.2010]
Ministério da Educação - MEC/ Instituto Nacional de Estudos e Pesquisas Educacionais Anísio Teixeira – INEP (2006).
Ministério da Previdência Social (Publ.):
http://www.1.previdencia.gov.br/pg_secundarias/paginas_perfis/perfil_semPrevidencia_02.asp [Status as at: 27.09.2010]
Ministério do Trabalho e Emprego. M.T.E: http://www.mte.gov.br/seg_desemp/default.asp [Status as at: 27.09.2010]
Pastoral da Criança: http://pastoraldacrianca.org.br [Status as at: 29.09.2010]
Presidente da República, CORDE (Publ.): http://portal.mj.gov.br/corde/ [Status as at: 29.09.2010]
Presidente da República (Publ.), Lei No. 10.098: http:// www.planalto.gov.br/ccivil_03/leis/L10098.htm [Status as
at:27.09.2010] UN (Publ.), HDI Report 2009: http://hdr.undp.org/en/media/HDR_2009_EN_Complete.pdf
[Status as at: 26.09.2010]
World Bank (Publ.), Global development indicators:http://www.google.com/publicdata?ds=wbwdi&met=sp_pop_totl&idim=country:BRA&dl=de&hl=de&q=bev%C3%B6lkerung+brasilien
[Status as at: 01.11.2010]
23

Synopsis for Germany 72
Total population 82 million
People with disability 2005: 8.6 million people were registered as disabled, 6.7 million of whom
(1)
as severely disabled.
Embodied within the Yes, Article 3, Paragraph 3.
Constitution (2)
Inclusion model (3) Comprehensive technical debates on the meaning of inclusion
(inclusion versus integration).
Express rights and Numerous separate legal texts, difficult to understand for those affected,
reality (4)
family members and personnel responsible in the departments.
Significant red tape involved when claiming entitled rights.
State social welfare Social security system for those paying compulsory contributions and
benefits (5)
social assistance programmes for those in need (Social Codes I-XII).
Explicit services for people with disabilities (Social Codes IX, XI und XII)
concentrate on social inclusion.
Social work providers Government institutions, primarily independent and private providers,
(6)
based on the principle of subsidiarity.
Financing forms (7) Primarily social security schemes and public funds.
Religion (8) Protestant (33%); Catholic (33%); Muslim (4%); Jewish (0.1%); Others
(1.9%); None (28%).
Role of the Church (8) Significant importance of the religious service providers in the area of
help for the disabled.
Role of informal forms Family cohesion important from the emotional aspect but not vital for
of provision (9) securing livelihood.
Education (10) Compulsory education for all children. Virtually all children with
disabilities receive education, predominantly in separate types of schools.
Frequently no guarantee of barrier-free access at mainstream schools.
Future prospects (11) Action plans have been or are being initiated on the local authority and
national level. Evidence of reduction in insurance protection due to the
financial deficit. Opening up the market for the social welfare sector
consolidates inequality. Demographic change poses a major challenge to
the welfare system.
Ratification of the UN Yes, in 2009.
Convention on the
Rights of People with
Disabilities
Monitoring agency German Institute for Human Rights.
Gender and disability Healthcare and assistance system not yet adequately adapted to the
needs of women with disabilities. Lack of barrier-free access in
institutions for women. Need for action on the right to motherhood.
Special strengths Established social welfare system under which, theoretically, everyone is.
Professionalism of educational specialists for people with disabilities.
Many agencies and organisations have contact persons for disabled
p0ersons and their families.
72 Note: The figures in brackets indicate the chapter number in the respective country study.
24

National Study Germany
Dominique Heyberger
1. Statistics
In Germany the Federal Department for Statistics collects, collates and evaluates data on the
economy, society and the environment. These statistics provide an overview of the forms
and frequency of disabilities. According to details by the Department for Foreign Affairs, in
2010 there were more than 82 million people living in Germany. At the end of 2005 a total of
8.6 million (approx. 10%) of these had an officially recognised disability. 1.9 million of these
people are classed as “slightly disabled” and 6.7 million as “severely disabled”. 73 3.5 million
of those classed as “severely disabled” were male, 3.2 million female. Disabilities primarily
occur amongst older people. Three quarters of the severely disabled are over the age of
55. 74 The information for the statistics is sent to the Federal Department by the social welfare
offices who are authorised to define the degree of disability. People with a disability can
register with these offices to obtain possible welfare benefits. There is no obligation to
register a disability. It can be assumed that not all sufferers will register or be included in the
statistics. 75 The forms of disability are classed in line with the WHO categorisations. A
distinction is drawn between physical, mental and psychological disabilities, cerebral
disorders, blindness, impaired vision, hearing disability, balance and speech disorders. 76
2. Constitution
Under the Constitution Germany is a democratic and federal social welfare state. A series of
basic social rights are set out in the Basic Law (GG). In Article 1 the dignity of the individual
is defined as sacrosanct and protection for the individual as an obligation of all power of the
state. Article 3 Paragraph 3 explicitly stipulates that no-one may suffer disadvantage as the
result of a disability (this was added as a supplement in 1994). 77 The task of the state in
accordance with the principle of the social welfare state is to enable the individual to freely
pursue a dignified life within society, with responsibility towards his fellow man. Germany is
73
See Department for Foreign Affairs [Status as at: 19.10.2010]; German Federal Office of Statistics,
press release No.406 dated 30.10.2008 [Status as at: 19.05.2010]; Pompey, Heinrich [Status as at:
19.10.2010];
74
See German Federal Office of Statistics, press release No.258 [Status as at: 19.05.2010]
75
Note: Despite the more favourable legal basis, there are problems in recording the needs of those
affected in such a way that they can benefit from the services which are intended to create social
inclusion for them. Legal entitlements exist in all the federal states. Implementation is subject to
varying regulations. The majority of the benefits are received by people categorised as “severely
disabled”. In legal terms this is known as ‘compensation for disadvantage’, in the technical debate
deliberate used is made of the phrase ‘person-centred assistance’. See Federal Ministry for
Employment and Social Affairs (publ.), Guide for People with Disabilities (2010), P.13; Menzel,
Martina/ Stenzig, Klaus-Peter (2010); Rathsmann-Sponsel, Irmgard/ Sponsel, Rudolf [Status as at:
27.11.2010]
76
See German Federal Department of Statistics 2009, In: Aktion Mensch e.V. (publ.), guide for
teachers
77
See German Parliament [Status as at: 19.10.2010]; Wienand, Manfred (2006), P.9; Arnade, Sigrid,
P.11 [Status as at: 19.05.2010]
25

22 nd in the HDI ranking of 182 countries and numbers amongst the highly developed
countries in the category “Very High Human Development”. 78
3. Inclusion model
There is currently no uniform model of ‘inclusion’, but instead a comprehensive technical
debate on the consequences arising from the UN Convention on the Rights of People with
Disabilities (UNCRPD) that was ratified in 2009. The basic question as to ‘What is meant by
inclusion in Germany?’ is the trigger for major controversy. This is prompted by the official
translation of the UNCRPD where the term ‘inclusive education system’ was translated into
German as the ‘integrative education system’. This gives rise to discrepancies in technical
discussions in the German language as it creates a distinction between integration concepts
on the one side and inclusion concepts on the other. Whilst the first concept requires
children with a disability to adapt to the existing educational structures, under the concept of
inclusive education the school structures have to be adapted to the needs of the children.
This understanding of ‘inclusion’ would entail a radical change in the German education
system on all levels. 79 There are different ideas about inclusion. Those affected and their
families put the emphasis on ‘personal individuality’ whilst German law works on the basis of
shortfalls and the standard of the ‘healthy individual’ by which people with a disability are
measured, either consciously or unconsciously. The latter leads to stigmatisation in the dayto-day
life of people with disabilities. Those entrusted with helping the disabled as well as
numerous NGOs point out that increasingly scarce financial resources, combined with the
tight situation on the labour market, make the realisation of inclusion, as understood by
participation, self determination and equality, unachievable for many people with
disabilities. 80 This situation is contrary to the objectives of the UNCRPD. The German
Institute for Human Rights was commissioned as the monitoring agency to assist with the
implementation of the UNCRPD. It performs tasks such as advice on policy, applicationorientated
research and public relations work. 81
4. Rights
The ninth Social Code ‘Rehabilitation of and Participation by Disabled People’ (SGB IX)
which came into force in 2001, is a fundamental law for disabled people in need. 82 The word
‘disability’ is defined in §2 of this Code. SGB IX expressly applies to those people with a
disability who apply for services/benefits to assist with self-determination and social
inclusion. Its aim is to simplify the system of social welfare legislation by providing benefits
from one source. The intention is to save applicants long waiting periods and under §9 to
grant them the right of wish and choice. According to the National Association for the People
with Physical Disabilities these objectives have not been achieved. Since the introduction of
the SGB IX there have been no change whatsoever in the complex situation of the rights and
benefits to which those affected and their families are entitled. The help for disabled people
to integrate is a social welfare service that has been included in the Social Code XII (SGBXII)
78
See Papenheim, Heinz-Gert et al. (2008), P.2; United Nations (publ.), P.180ff. [Status as at:
30.11.2010]
79
See Arnade, Sigrid, P.19 [Status as at: 19.05.2010]
80
See Häfner, Sabine [Status as at: 19.10.2010]; Note: The appointed representatives for people with
disabilities operate on the federal, regional and local authority levels.; See Hüppe, Hubert [Status as
at: 19.10.2010]
81
See German Institute for Human Rights (publ.) [Status as at: 02.09.2010]
82 See Social Code I to Social Code XII, Social Code I General Section (2010)
26

since 1 January 2005. 83 Another right is the Law on Equal Rights for the Disabled (BGG)
from the year 2002. 84 Amongst other things it regulates barrier-free access, recognises sign
language as an independent language, prohibits discrimination by federal authorities and
stipulates the right to available decisions and forms. Up to now this law has rarely been
applied in practice. 85 The General Law on Equal Treatment (AGG) from the year 2006
applies to everyone, both disabled and able-bodied people. Amongst other things it prohibits
discrimination on the grounds of age, religion, gender, disability, ethnic origin and sexual
orientation. It ranges from the short listing of applicants, to opportunities for accessing
vocational training measures, through to promotion. It prohibits discrimination in made-tomeasure
shops such as for example purchase contracts and hotel reservations. The Federal
Anti-Discrimination Agency (ADS) that was created in order to implement the AGG, provides
support and advice to persons who have suffered discrimination or disadvantage. 86
The practical everyday life highlights significant difficulties in the implementation of the laws.
There are problems for example due to the fact that the personnel in the departments are
being required to continually readjust because of fundamental, statutory restructuring. At the
same time, reductions in the area of social welfare mean that there are increasingly fewer
resources available. 87 Despite the positive legal basis, many people with disabilities and their
families do not receive the benefits they have applied for or they are only approved for a
short period. For many of those affected the countless visits to government departments
represent a significant strain and mean uncertainty affecting their entire lives.
5. Social Welfare Benefits
The social welfare state structures were first established in 1871 by the Chancellor Otto von
Bismarck. Since then the German people have lived through two World Wars, National
Socialism, the division into East and West Germany and reunification in 1990. During the
period of the national socialist system which was responsible for the Second World War,
mass extermination and the obliteration of so-called ‘worthless lives’ assumed significant
proportions. As a result of criminal laws at least 70,000 people with mental disabilities and
psychological disorders were murdered in extermination centres between 1940 and 1941. 88
The current differentiated system of assistance is based on the failed experiences of the past
and the conscious reworking of the ideology of fascism and ‘euthanasia’. 89
83
See Wasmund, Steffen [Status as at: 19.10.2010]; National Association for the Physically Disabled
(publ.) [Status as at: 22.09.2010]; Senate Administration for Integration, Employment and Social
Affairs (publ.) [Status as at: 27.11.2010]
84
Note: This reinforces the fact that society is moving away from the definition of welfare and
developing an understanding of inclusion and self-determination. See Behncke, Rolf, P.1 [Status as at:
22.11.2010]
85
See Federal Ministry for Employment and Social Affairs (publ.); Politics for the Disabled [Status as
at: 22.09.2010]; Fetzer, Antje (2010); Häfner, Sabine [Status as at: 19.10.2010]
86
See Federal Ministry for Employment and Social Affairs (publ.), Politics for the Disabled [Status as
at: 22.09.2010]; Federal Anti-Discrimination Agency (publ.) [Status as at: 19.10.2010]
87
See Winden, Dorothee [Status as at: 22.09.2010]; Häfner, Sabine [Status as at: 19.10.2010]; Note:
As a result of the introduction of the SGB II (Basic Provision for Jobseekers) and SGBXII (Social
Assistance) and the associated replacement of the Federal Social Welfare Act as well as the
introduction of case management in 2006 and the inter-provider personal budget as a form of benefits
in 2008, the staff in the departments had to deal with major changes. See Klie, Thomas et al. (2008)
88
See Schubert, Klaus et al. (2008), P.127f.; Häußermann, Martin [Status as at: 27.11.2010]
89 See Menzel, Martina/ Stenzig, Klaus-Peter (2010)
27

The Social Codes I to XII mentioned under Point 4 primarily describe all the cash and
material benefits to which people are currently entitled (2010), if they are entitled to
benefits. 90 SGB IX and XII are crucial to the everyday lives of people with disabilities. Whilst
the former describes the services for participating in the medical rehabilitation as well as
services for social inclusion, the latter contain legal bases on social welfare assistance for
the disabled and able-bodied people. SGB XII enables disabled people in need as
understood by the social welfare 91 to get medical rehabilitation benefits as well as benefits for
occupational and social inclusion within the framework of the assistance with integration. 92
The subordinate principle of SGB XII leads to protracted investigations into responsibilities
between social welfare offices on the one side and the sickness, pension and accident
insurance companies on the other. 93 The divided system of social security means that
services for rehabilitation and inclusion as well as benefits for securing livelihoods are
delivered by various service providers. The office responsible must give its approval for a
benefit to be paid to a recipient. If approval is refused an appeal can be lodged in the social
welfare courts and general administrative courts. 94 Experts in help for the disabled point out
that segregating special laws and special assistance which were intended to provide
protection and integration, frequently make social inclusion impossible. They call for the
previous automated system used for dealing with disabled people to be replaced by the
personal budget concept for which provision is made in the Social Code. 95 This is based on
monetary instead of material benefits and turns recipients of assistance into employers with
self-determination. 96
6. Social Work Providers
In Germany a distinction is drawn between the public sector providers (federal, state, local
authority or corporations under public law) and independent and private providers (churches,
welfare organisations, foundations, corporations under private law). The key factor is the
principle of subsidiarity which places personal responsibility above action by the state. The
state level only intervenes if the potential support, involving personal responsibility and
commitment by the citizens, has been fully exhausted. 97 The concept of subsidiarity on the
organisation level is implemented through the principle of priority for private providers. This
principle means that public service providers who are responsible for the respective benefits
only implement these benefits if other independent or private providers are unable to deliver
90
See SGB I to SGB XII; SGB I General Section (2010)
91
Note: The proof of need is provided through the disclosure of the individual’s own financial
circumstances and those of the dependants for whose livelihood he/she is liable. See Federal Ministry
for Employment and Social Affairs (publ.), Guide for People with Disabilities (2010), P.15f.
92
Note: Assistance with inclusion can include e.g. an assistant at the school or care services. A child
with a disability can receive 100% help in achieving inclusion, providing it does not have any financial
resources of its own. SGB XII §§ 26, 33, 41, 54, 55
93
Note: When submitting an application the question of responsibility and the grounds for the
application must be examined. In this context an administrative decision (§31 SGB X) is issued by the
competent authorities. This often leads to appeal procedures if benefits or services are refused or if
responsibility is not clarified. SGB XII only comes into effect after verification that none of the other
social service providers have responsibility.
94
See Appointed representative of the Federal German Government for the affairs of the disabled
[Status as at: 13.11.2010]; Wienand, Manfred, (2006), P.19; Papenheim, Heinz-Gert et al. (2008), P.7
95
See § 17 SGB IX; Menzel, Martina/ Stenzig, Klaus-Peter (2010)
96
See Hofe Vom, Jutta [Status as at: 27.11.2010]
97
See Papenheim, Heinz-Gert et al. (2008), P.53 ff.
28

the benefits on their behalf. The characteristic feature if independent welfare provision is that
it offers the social assistance on a charitable basis, in other words it is not commercially
driven. 98
The system of independent welfare provision is unique and specific to Germany. The six top
organisations of independent welfare provision are the Arbeiterwohlfahrt (AWO) [Employee
Welfare], the Deutsche Caritasverband [German Charitable Organisation], the Deutsche
Rote Kreuz [German Red Cross], the Paritätische Wohlfahrtsverbandt, the Diakonische Werk
and the Zentrale Wohlfahrtsstelle der Juden [Jewish Central Welfare Agency] . 99
7. Financing Forms
The social security system is based on three pillars. The first pillar is the social security
insurance which lends support for example in the event of sickness, accident and retirement.
It is financed through contributions. Prior financial contributions are a prerequisite for the
entitlement to benefits. The second pillar, welfare provision, is funded out of general taxation
in order to protect people against social risks and, in the event of life-typical burdens such as
for example ‘disability’, to provide support. These benefit payments are not dependent upon
prior financial contributions. The third pillar, social security benefits, is fundamentally
subordinate to the other two pillars of the social security system. This presupposes a
financial need and is primarily funded out of local authority tax revenues. Depending upon
the area of responsibility the social welfare benefits are financed by federal government, the
state or local authorities. The federal government has an obligation to grant the local
authorities financial resources so they can fulfil their role. In addition, local authorities can
levy taxes. 100 Many of the problems with assistance in integration are the result of protracted
investigations into the responsibilities for various aid services. 101
In 2005 expenditure on social welfare benefits totalled almost 700 billion Euros. This
represents approximately one third of the gross domestic product (GDP). In 2006 ten billion
Euros were spent on help with integration for people with disabilities according to the Social
Code XII ‘Social Aid’. Accounting for 58%, the help in integration for people with disabilities is
the most important form of financial assistance within the framework of the social welfare.
During the course of 2006 according to the Social Code XII 643,000 people received help
with integration. 60% of the benefit recipients were male and 40% female. Approx. 90% of
the expenditure for help with integration was invested in institutions and 10% outside
institutions. 102 Despite government grants independent providers are unable to meet all
services through public funds. They assume part of or all the resultant costs in order to
provide fast assistance in emergencies. This is an area in which the independent providers
invest their own funds which are derived from income, donations and special sponsorship
98
See Kehlbreier, Dietmar, P.18 [Status as at 27.11.2010]; Papenheim, Heinz-Gert et al. (2008), P.53
ff.
99
See Papenheim, Heinz-Gert et al. (2008), P.53 ff.; Fetzer, Antje (2010)
100
See Wienand, Manfred (2006), P.12ff.; Frenzel, Britta (2003), P. 48f., Papenheim, Heinz-Gert et al.
(2008), P.44
101
Note: It is for example to clarify the question of the costs of transportation to school (school or SGB
XII) See Menzel, Martina/ Stenzig, Klaus-Peter (2010)
102
See Schubert, Klaus et al. (2008), P.132f.; Rathsmann-Sponsel, Irmgard; Sponsel, Rudolf [Status
as at: 27.11.2010]
29

deals. As the independent providers frequently lack funds they are increasingly carrying out
fundraising activities. 103
8. Church and Religious Motivation
The religious organisations involved in welfare provision play an important role in social work.
The Protestant and Catholic churches are the largest religious denominations. They include
the Diakonische Werk and the Caritasverband as social welfare organisations. They operate
as leading organisations for independent welfare provision, organise political inclusion and
conduct negotiations on care rates. In 2004 the two organisations together operated nearly
61,000 institutions in Germany. 104 Of these approx. 4,000 were for the purpose of providing
support for people with disabilities. 47% of these institutions providing aid for the disabled are
part of Caritas and 53% belong to the Diakonie. 105 Islamic faith organisations do not (as yet)
have the same privileges as Christian and Jewish organisations. An increasing number of
Islamic organisations are joining the multi-faith Paritätische Wohlfahrtsverband. The
membership of the various religions is divided up as follows: 33% of the population belong to
the Catholic and Protestant churches respectively, approx. 28% are non-denominational,
Islamic faith organisations account for 4%, Jewish faith organisations 0.1% and other faith
organisations 1.9%. The latter include members of the Free Churches, the Orthodox
Churches, the Adventists, the Jehovah Witnesses and the Pentecostal Movement. The small
religious organisations in particular also see themselves as being responsible for their
members and perform out social welfare duties within their communities. For many people
the backing of the community together with their own faith gives them emotional support. 106
9. Informal Forms of Provision
As a general rule the traditional extended family no longer exists. Family members often live
far away from each other. The small family that lives together normally comprises parents
and children. The mutual support is primarily the help in everyday life and emotional
belonging. In family relationships financial support services play a subordinated role. This
change in the importance of the family is linked to the security provided by the
comprehensive range of welfare service offerings. In 2003 more than 5,000 residential
institutions offering help for the disabled, provided approx. 180,000 places for the 8.6 million
people with disabilities. Approx. 60% of these institutions are for people with mental
disabilities. 107
Parents of children with disabilities are prepared to make major adjustments to their
everyday lives so they can live together with their child. These burdens are rarely understood
by outsiders. Help from cost providers is often denied because the need for assistance on
the part of the dependants is not acknowledged. For parents with a disability there are
significant difficulties in obtaining help in order to fulfil their parental duties of care. Social
103
Papenheim, Heinz-Gert et al. (2008), P.70f.
104
See Flierl, Hans (1992), P.20ff.; Department for Foreign Affairs (publ.) [Status as at: 19.10.2010]
105
See Fix, Birgit et al (2005), P. 51f; Note: The opportunity for the religious organisations lies in
helping to shape society in the sense of the Christian image of man. The risk to them is financial
dependence and government regulations. See Diakonie Württemberg (publ.) [Status as at:
20.10.2010]
106
See Department for Foreign Affairs [Status as at: 19.10.2010]; Fetzer, Antje (2010); Schibilsky,
Michael (1999), P.15
107
See Federal Ministry for Families, Senior Citizens, Women and Young People (publ.), Publication
of home report 2003 [Status as at: 02.09.2010]; Kim, Anna (2001)
30

needs which are not directly linked to care benefits in themselves are difficult for cost
providers to fulfil. Needs for social inclusion are less accepted than care needs. As a rule the
state requires close relatives to provide support services in order to pay for the necessary
assistance. This frequently puts relatives in financial difficulties and leads to severe
restrictions. Many parents report that they are faced with countless battles. 108 They find
themselves either in the permanent role of supplicant in order to get assistance benefits from
the departments and schools and for which they have to repeatedly make new applications,
or they send their child to a home or a special school where they receive this assistance
without any major complications. Those affected and their families can escape these battles
if they have sufficient material resources to buy in support services. Social changes have
been driven forward thanks to the many parents affected and who are fighting for social
inclusion and integration into the labour market. 109
10. Education
The general compulsory schooling normally starts in the primary school stage at the age of 6.
Prior to that children can attend a crèche and a nursery. Whilst primary schools are free, fees
are charged in nurseries. Depending upon the city and provider these vary between zero and
3,700 Euros a year. 110 The primary school period is four to six years depending upon the
federal state. This is followed by a move to the Hauptschule, Realschule or Gymnasium
[comprehensive or grammar school] depending upon the child’s results to-date. A child
normally requires a university entrance certificate or technical entrance certificate to enter
further education.
A nationwide regulation was introduced in 1980 stipulating that people with mental disabilities
are to be included in educational development activities irrespective of the type and severity
of their disability. There is no minimum requirement for attending school. 111 Under the federal
state structure the Länder (federal states) are responsible for education law. This leads to
differing concepts of inclusion. 112 A selective and segregating education system is a common
feature of all Länder. As a result of the poor performance in the PISA international
comparison study the overall structure of the education system attracted criticism. This is not
always helpful for the debate on the inclusion of children with disabilities since it is clear that
Länder with low inclusion rates achieve better average grades than Länder in which the
inclusion rate is higher. Within the debates on inclusion there is criticism of the fact that it is
frequently the case of looking for the appropriate school for respective child instead of
adapting the school to suit the child. In 2008 87% of children with disabilities received
segregated education and 13% integrated education. The European average for the
segregation rate is 15%. 113 The subsequent problems of segregation lie in the fact that those
108
See Rößler, Carl-Wilhelm [Status as at: 20.10.2010], Ministry for Health and Social Affairs, Saxony
Anhalt (publ.) [Status as at: 20.10.2010]; Müller-Zurek [Status as at: 22.09.2010]
109
See Wagner, Karl (2010); Menzel, Martina/ Stenzig, Klaus-Peter; Jacobs, Kurt [Status as at:
22.09.2010]
110
See Bendel, Marvin (publ.) [Status as at: 02.09.2010]
111
See Wüllenweber, Ernst et al. (2006) S.334
112
See Deutsche Presse-Agentur GmbH (publ.) [Status as at: 26.10.2010];
113
See Katzenbach, Dieter/ Schroeder, Joachim (2007), Chapter Reality [Status as at: 22.11.2010];
Markowetz, Reinhard (2009); Fannrich, Isabell [Status as at: 13.11.2010]
31

leaving special schools often have fewer opportunities on the initial labour market.
Nationwide workshops for disabled people (WfbM) are available, providing the individuals
meet the entry condition of ‘reduced capacity for employment’. Depending upon the
workshop and severity of the disability those employed receive a monthly salary of between
67 and 160 Euros so despite being in gainful employment they are dependent upon the
welfare offices. After 20 years they are paid a pension of 80% of their average salary. The
cost factor plays a key role in the debate on educational policy measures aimed at promoting
inclusion. This makes it more difficult to restructure the education system. The mainstream
schools often lack technical personnel and the resources for them to guarantee barrier-free
participation. 114
11. Prospects
The prospects for people with disabilities are discussed on the scientific level in the Disability
Studies. 115 The campaign entitled ‘all-inclusive! The new UN Convention’ was initiated by the
Federal German Government in 2009. Those affected and their organisations worked
together in eight technical conferences involving over 1,000 participants to formulate
concrete mandates for actions on the policy and social fronts. 116 Since the ratification of the
UNCRPD numerous further training courses, congresses and conferences have been held
on the subject of inclusion. This revealed that, for a long time, the questions of existing
barriers and discrimination have only been addressed superficially. What are needed are
international and universal standards in order to provide an appropriate response to the
challenges produced by bioethics 117 , the taboo subject of violence and the breakdown of
social safety networks. New study course such as ‘social work - inclusion and exclusion’
point to an increasing awareness of the comprehensive topic. 118 In March 2010 the official
appointed by the German Federal Government to deal with matters relating to disabled
people announced a national action plan as one of the key projects of the federal German
government in the area of social welfare policy. 119 This is intended to deal with fundamental
core themes such as social security, barrier-free access, work and leisure. The first regional
action plan was introduced in the state of Rheinlandpfalz [Rheinland Palatinate] in 2010.
Other action plans by other regional governments are intended to follow. These
developments point to the political efforts being made towards changes in all areas of social
policy. Not all these positive approaches will currently meet the benchmarks set by the
UNCRPD. Although employment promotion measures such as ‘Job 4000’ 120 represent a
114
See Langenau, Lars [Status as at: 20.10.2010]; Aktion Mensch (publ.), WfbM [Status as at
28.11.2010]; Rößler, Carl-Wilhelm [Status as at: 20.10.2010]; Frenzel, Britta (2003), S.78
115
See Waldschmidt, Anne, In: BpB (2003), P.12f.
116
Note: The topics covered the following: equality, antidiscrimination; women; education; barrier-free
access; freedom, protection, security; self-determination in life, social security; health; rehabilitation,
gainful employment. See Appointed representative of the Federal Government for the Affairs of the
Disabled (publ.) [Status as at: 13.11.2010]
117
Note: The term “bioethics” includes a controversial area of politics and debates on permission for
assisted suicide, testing embryos for genetically inherited diseases and stem cell research. See
Graumann, Sigrid (2002)
118
See Degener, Theresia (2003), P.42; Waldschmidt, Anne (2003), P.12f; Regensburg University
[Status as at: 27.10.2010]
119
Langendörfer, Hans, P.2 [Status as at: 01.11.2010]
120
See Federal Ministry for Employment and Social Affairs (Hrgs.), Programm »Job4000« [Status as
at: 20.10.2010]
32

foundation stone there is still a shortage of long-term jobs. As a result of increasingly scarcer
public resources politicians are responding with demands for savings and privatisation in the
area of healthcare and social welfare. 121 When examining savings measures there is a clear
need to distinguish between genuine ‘inclusion’ and ‘inclusion on the cheap’. This is
necessary because children who were previously taught at development schools will now be
educated in mainstream schools without any changes being made in these schools. 122 There
is agreement between the scientific discourse of the Disability Studies and the experts from
the technical organisations that further deliberations and measures are needed in order to
give as many people with disabilities as possible a genuine prospect of a life in which gives
them self-determination.
12. Case Study Case
In her early childhood Lara suffered from meningitis. She is physically and hearing disabled,
her speech and sight are also impaired.
Infancy
Lara goes to hospital as a result of the meningitis. Her parents are visited by the Clinic’s
Social Educational Department who give them advice. After the stay in hospital the parents
contact an early learning development centre. As a result of the report sent by Lara’s doctor
to the early learning development centre measures are initiated to assist with her
development. 123 Lara attends an interdisciplinary early learning development centre several
times a week in order to take advantage of offerings such as physiotherapy, ergotherapy and
logopedia. Her parents also receive advice and support from the centre. 124
Childhood (pre-school education)
When Lara goes to the nursery the parents have to decide whether she is to attend a special
educational institution, an integrative nursery or a mainstream nursery. Lara’s parents decide
121
See Federal Medical Council (publ.), P.25 [Status as at: 13.11.2010]; Schug, Andreas [Status as at:
13.11.2010]
122
See Erdélyi, Andrea, P.8 [Status as at: 01.11.201]
123
Note: The support for early learning development is designed to be cost free and available until the
child starts school. The proof of income required causes so much confusion amongst many parents
that they often do not even submit an application. See Menzel, Martina/ Stenzig, Klaus-Peter (2010)
124
See National Association for the Physically Disabled, P. 18 [Status as at: 22.09.2010], Note:
Support for early learning development is provided as a so-called complex service. It covers two
service components: the services for medical rehabilitation and remedial education services. Where
treatment is prescribed by a doctor the costs for medical provision are met by the health insurance
companies. The local social service providers deliver the special educational services. In conjunction
with the parents the specialists at the early learning development facility draw up a development and
treatment pan. This plan sets out the individual medical and remedial education services specific to
the person’s needs. The treatment plan is submitted together with an application to the funding
providers. See Polster, Michael [Status as at: 26.10.2010]
33

on the integrative nursery. 125 Problems soon arise as the teachers cannot find sufficient time
to meet Lara’s needs. The nursery teacher asks the parents to take action. The parents
contact the welfare office responsible in order to ascertain Lara’s disability and her additional
needs for individual development. After an application is submitted the welfare office contacts
Lara’s doctor and her therapists. A procedure for ascertaining the degree of disability (GdB)
is initiated. Eight months later a report states that Lara has a GdB of 80, she is therefore
classed as severely disabled. Lara is assigned an educational assistant by the social welfare
office. She can continue to attend the integrative nursery and her parents only have to pay
the normal parental contribution. 126
School
When Lara reaches school age consideration is given as to which school it is advised that
she attend. Lara’s parents would like their daughter to be able to go to school with her
friends. They invoke the region’s education law 127 and request a place for Lara at the
mainstream primary school. The framework conditions for Lara to attend school are clarified
with the Education Department. Because the nearest primary school does not have a lift Lara
has to attend a primary school which is further away and without her familiar friends. Straight
away, the driver service starts taking Lara to school. There is disagreement on who is to
meet the transport costs as the school and the integration assistance provider under Social
Code XII each say that the other has responsibility. The Education Department organises
(special) educational as well as technical assistance for the support she requires in the
everyday aspects of schooling. It takes more than six months for the health insurer to
organise and approve all the teaching aids. Lara’s parents are required to pay part of the
financing costs. 128 Meanwhile Lara is nine years old. Her mother, who cares for Lara during
the day, starts complaining about severe back pain which has been triggered by lifting Lara,
amongst other things. The parent’s attention is drawn to the possibility of Lara being housed
in a residential school or home. 129 When the mother suffers from a slipped disc and has to go
to hospital Lara is temporarily housed in a residential short-term care facility. When she is
subsequently able to go to school as normal the lift at the school is broken. The school has
no money, the repairs take a long time and Lara is unable to regularly attend many of the
125
See Kruse, Katja, P.22 [Status as at: 22.11.2010]; Note: An integrative nursery is a facility which
contains groups in which physically or mentally disabled children are cared for together with able
bodied children. Parents make a conscious decision for this type of care. Teachers frequently do not
have the same level of comprehensive training as those in special schools. See Knittel, Tjark (publ.)
[Status as at: 26.10.2010]
126
See Wendler, Ulrich, P.3 [Status as at: 27.10.2010]; Note: If Lara were in a special school her
parents would be exempt from having to contribute towards the costs. See Menzel, Martina/ Stenzig,
Klaus-Peter (2010); National Organisation for the Physically Disabled,P.20ff. [Status as at:
22.09.2010]
127
Note: Each federal state has its own education laws (federal structure).
128
See National Organisation for the Physically Disabled, P.21 [Status as at: 22.09.2010]
129
Note: If a person with a disability is housed in an inpatient facility the health insurer, nursing fund or
the social welfare office meet the resultant costs, depending upon the individual’s income; the provider
also sorts out the approval for additional assistsance. This often gives family members a major
incentive to opt for inpatient provision. See Menzel, Martina/ Stenzig, Klaus-Peter (2010)
34

lessons. The parents contact the local government officer responsible for the disabled and
obtain advice.
Leisure
During the summer holidays Lara attends a children’s local district recreation centre. She
hopes this will enable her to keep in contact with her friends.
Teenage years and schooling
When changing to a school for higher education Lara is refused admittance to the municipal
mainstream Realschule [comprehensive school] as the education authority responsible for
integrative education does not approve the move because fundamental structural measures
are not in place. 130 Lara goes to a special school for physically disabled children. She takes
gains her school leaving certificate. As a 16 year old she wants to go on holiday like her
friends, work a support assistant at the district recreation centre where she can lead a group
of children. The management team of the recreation centre objects by arguing that this would
be too dangerous in view of its obligation to provide supervision. It becomes increasingly
difficult for Lara to take part in the same leisure activities as her friends.
Early adulthood
After completing her schooling the 19 year old Lara now wants to train as an office
administrator. Her applications are rejected. After submitting frequent applications Lara
contacts the Department of Employment which suggests a workshop for people with
disabilities. Lara is very keen on qualifying as an office administrator and her parents are
behind her. Following further discussions with the Department of Employment and research,
the opportunity arises for Lara to take part in the new model project “Job4000“ 131 . This is
aimed at promoting training for severely disabled young people and is offered by, amongst
others, Siemens AG 132 where she passes her training and gains her qualification at the age
of 23. As she cannot be taken on by the company she applies to several other firms. Her
applications are rejected on the grounds that as a result of the economic and financial crisis
companies are only taking a few additional people. 133 As she is unable to find a job on the
initial labour market she registers as unemployed with the Department of Employment. On
the advice of the specialist personnel in the Department of Employment Lara takes on a job
130
See Knospe, Ulrike; Federal Ministry for Employment and Social Affairs (publ.) [Status as at:
03.11.2010]
131
See Federal Ministry for Employment and Social Affairs (publ.), Programm »Job4000« [Status as
at: 20.10.2010]
132
See Federal Ministry for Employment and Social Affairs, Jobs without barriers (publ.) [Status as at:
27.10.2010]
133
See Community Organisation for Young People and Social Affairs, Baden Württemberg (publ.), P.8
[Status as at: 27.10.2010]
35

in a workshop for disabled people 134 where she is responsible for office activities and
together with the additional contributions from the rehabilitation provider (social assistance)
earns 351 Euros a month. As time goes by Lara feels that she is not being challenged and a
few years later decides to terminate the employment relationship. She also starts looking for
an apartment that she could finance with the help of the housing allowance. An acquaintance
of the family learns of Lara’s unsuccessful search for a job and her wish to leave home and
responds accordingly. Lara is employed as an office administrator in the firm where she is
paid a regular salary and is now entitled to help at the workplace designed to meet her
specific requirements. 135 This includes office facilities geared towards her needs. Lara
continues to look for an apartment where she can be independent. She decides on a housing
association which accommodates disabled and able-bodied people. 136 Lara moves into the
housing association where she meets and falls in love with Markus. 137
Adulthood
The relationship between Markus and Lara grows stronger. They would both like to move to
their own apartment and get married. The two get in touch with a number of legal experts
and learn that a marriage could mean Markus having to leave Lara to spend a certain
amount of time during the day caring for herself. Since Markus works full time on shift work
that would be difficult. They recognise that their wish to get married represents a major “risk”
for the two of them. 138 Nevertheless the couple get married and organise their lives with all its
challenges. Lara and Markus would like to have children. They contact various doctors in
order to find out the risks and chances of having a family. They are repeatedly told by these
doctors that they should not be so selfish. 139 The two will not let themselves be deterred from
their wish to have children. At the age of 34 Lara falls pregnant and gives birth to Paul. In
order to provide basic care for her child, her own mobility and in order to cope with the
housework Lara needs special aids such as a modified pram, child seat and changing table.
These are not available in normal shops. Markus and Lara improvise and build a lot of these
items themselves. Lara applies to the social welfare office and nursing care fund for an
assistant to help with her child’s first years of life. They have to pay for a large proportion of
the resultant costs themselves and are therefore heavily reliant on the material and childcare
support provided by the grandparents. 140 Numerous people are involved in raising the child.
134
Note: In 2009 there were approx. 700 recognised workshops nationwide with over 275,000 places.
See BMAS (publ.), report by the German Government on the situation of disabled people 2009, P.60
135
Note: People with disabilities working in the first labour market are the most entitled to personcentred
benefits (compensation for disadvantage).
136
See Bavarian State Ministry for Employment and Social Welfare, Families and Women (publ.)
[Status as at: 27.10.2010]
137
Note: Since Lara has a job she meets part of the care costs herself. If neither she nor her family
had sufficient financial resources these benefits would be financed by the Social Welfare Office in
accordance with §53ff. SGB XII (principle of subsidiarity).
138
See kobinet e.V. (publ.) [Status as at: 03.11.2010]
139
Note: The healthcare and welfare system is not yet sufficiently adapted for women with disabilities.
Up to now there have been no barrier-free access advisory agencies or medical practices for women.
There is a continuing need for action in asserting the right to motherhood.. See Beauftragter der
Bundesregierung for the Affairs of the Disabled (publ.) [Status as at:20.12.2010]
140
Note: This clearly shows the principle of subsidiarity; See Vukovic, Sandra [Status as at:
03.11.2010]
36

This sometimes puts a great strain on Lara and Markus. For the next two decades they live
together with their child Paul. At the age of 20 Paul moves out of the parental home in order
to start a study course.
Old age
When Lara reaches the age of 62 she needs increased assistance. Markus is no longer able
to physically cope with the increasing demands himself. Since her son is very busy with his
career he is unable to give his mother much help. When Lara increasingly feels she has
become a burden as she is no longer able to independently cope with the tasks of everyday
life such as washing, eating and dressing she decides to move to a home for the elderly. The
costs of this are met by the nursing care fund and social welfare office. The joint savings the
two have built up are used to meet the costs. In the home for the elderly Lara enjoys little
free space or opportunity for self-determination. Her day-to-day life is shaped by the
procedures in the institution. She finds it difficult to accept that so many different people are
responsible for her and that young men often have to perform the most intimate of nursing
care duties. Visits by her husband and her son give her strength. 141 At the age of 67 Lara has
an unfortunate fall and breaks her thighbone. She is then no longer able to stand. She soon
gets a serious lung infection and dies shortly afterwards.
Quellenverzeichnis
Aktion Mensch e.V. (publ.): http://www.familienratgeber.de/schwerbehinderung/ueberblick_nachteilsausgleiche/index.php
[Status as at: 6.11.2010]
Aktion Mensch e. V. (publ.), WfbM: http://diegesellschafter.de/tagebuch/artikel/behindertenwerkstaettenkritik.php?z1=1290977619&z2=ac49975bfb1173a8f2f9e2f7d20d344b&
[Status as at 28.11.2010]
Aktion Mensch e. V.(publ.), Leitfaden für Lehrer: Inklusion-Dabei sein! Von Anfang an. Arbeitsblatt I Barrierefreiheit
Arnade, Sigrid: „alle inklusive! Die neue UN-Konvention“ (2009): http://www.alleinklusive.behindertenbeauftragte.de/cln_115/nn_1387894/SharedDocs/Publikationen/AI/Ergebnisse__Kampagne__pdf__kk,tem
plateId=raw,property=publicationFile.pdf/Ergebnisse_Kampagne_pdf_kk.pdf [19.05.2010]
Antidiskriminierungsstelle des Bundes (publ.):
http://www.antidiskriminierungsstelle.de/bmfsfj/generator/ADS/Antidiskriminierungsstelle/aufgaben.Tml [Status as at:
22.09.2010]
Auswärtiges Amt (publ.): http://www.auswaertiges-amt.de/diplo/de/Laenderinformationen/01-Laender/Deutschland.html
[Status as at: 19.10.2010]
Bayrisches Staatsministerium für Arbeit und Sozialordnung, Familie und Frauen (publ.)
http://www.stmas.bayern.de/behinderte/politik/wohnen.htm [Status as at: 27.10.2010]
Beauftragter der Bundesregierung für die Belange behinderter Menschen (publ.):
http://www.behindertenbeauftragter.de/AI/Kampagne/Kampagne__node.html?__nnn=true [Status as at: 13.11.2010]
Beauftragter der Bundesregierung für die Belange behinderter Menschen (publ.): http://www.alleinklusive.behindertenbeauftragte.de/nn_1369658/SharedDocs/Pressemitteilungen__AI/AI/PM12__KampagneFrankfurt__kk.html
[Status as at:20.12.2010]
141 See Hermes, Gisela, P.14ff. [Status as at: 03.11.2010]
37

Behncke, Rolf; Bundesarbeitsgemeinschaft für Unterstützte Beschäftigung e.V (publ.): impulse Schwerpunkt, Das
Sozialgesetzbuch IX (SGB IX), Paradigmenwechsel in der Behindertenpolitik?!, Hamburg 2001
Bendel, Marvin (publ.): In http://finanzwertig.de/kindergarten-gebuehren-starke-regionale-unterschiede-127 [Status as at:
02.09.2010]
Bundesärztekammer (publ.): http://www.bundesaerztekammer.de/downloads/Ergebnisbericht_final.pdf [Status as at:
13.11.2010]
Bundesministerium für Arbeit und Soziales (publ.), Jobs ohne Barrieren:
http://www.bmas.de/portal/22194/property=pdf/job__informationen__zur__initiative.pdf, [Status as at: 27.10.2010]
Bundesministerium für Arbeit und Soziales (publ.), Politik für behinderte Menschen:
http://www.bmas.de/portal/10796/sgb__ix.html [Status as at: 22.09.2010]
Bundesministerium für Arbeit und Soziales (publ.), Programm »Job4000«:
http://www.bmas.de/portal/10744/programm__job4000.html [Status as at: 20.10.2010]
Bundesministerium für Arbeit und Soziales (publ.): Ratgeber für Menschen mit Behinderung, Bonn 2010
BMAS (publ.): Bericht der Bundesregierung über die Lage von Menschen mit Behinderungen für die 16. Legislaturperiode.
Berlin 2009
Bundesministerium für Familie, Senioren, Frauen und Jugend (publ.): Publikation Heimbericht (2003)
http://www.bmfsfj.de/Publikationen/heimbericht/7-Stationaere-einrichtungen-der-behindertenhilfe/7-5-strukturdaten-derstationaeren-behindertenhilfe,did=82196,render=renderPrint.html
[Status as at: 02.09.2010]
Bundesministerium für Familie, Senioren, Frauen und Jugend (publ.): http://www.bmfsfj.de/Publikationen/heimbericht/7-
Stationaere-einrichtungen-der-behindertenhilfe/7-5-strukturdaten-der-stationaerenbehindertenhilfe,did=82196,render=renderPrint.html
[Status as at: 03.11.2010]
Das gesamte Sozialgesetzbuch SGB I bis SGB XII. Mit Durchführungsverordnungen, Bundesversorgungsgesetz (BVG) und
Sozialgerichtsgesetz (SGG). 10. Aufl., Rechtsstand: 1. August 2010, Regensburg 2010
Degener, Theresia; BpB (publ.): Beilage zur Wochenzeitung Das Parlament: Aus Politik und Zeitgeschichte, Eine UN-
Menschenrechtskonvention für Behinderte als Beitrag zur ethischen Globalisierung, Bonn 2003
Deutscher Bundestag (publ.): http://www.bundestag.de/kulturundgeschichte/geschichte/ausstellungen/verfassung/index.html
[19.10.2010]
Deutsches Institut für Menschenrechte (publ.): http://www.institut-fuer-menschenrechte.de/fileadmin/user_upload/PDF-
Dateien/Kurzdarstellungen_Selbstdarstellungen/kurzdarstellung_monitoring_stelle_2010.pdf [Status as at: 05.12.2010]
Deutsche Presse-Agentur GmbH (publ.): http://bildungsklick.de/a/73000/inklusion-viele-modelle-statt-einer-schule-fuer-alle/
[Status as at: 26.10.2010]
Diakonie Württemberg (publ.): http://www.diakonie-wuerttemberg.de/fileadmin/Medien/pdf/BeckWichern.pdf, S.10 [Status as
at: 20.10.2010]
Fannrich, Isabell, Deutsches Institut für Menschenrechte (publ.): http://www.institut-fuermenschenrechte.de/de/presse/recherche-stipendium/recherche-stipendium-2010.html
[Status as at: 13.11.2010]
Fetzer, Antje: Aus der Rückmeldung einer Expertin des Diakonischen Werk Württemberg (2010)
Fix, Birgit et al.: Kirche und Wohlfahrtsstaat. Soziale Arbeit kirchlicher Wohlfahrtsorganisationen im westeuropäischen
Vergleich, Freiburg im Breisgau 2005
Flierl, Hans: Freie und öffentliche Wohlfahrtspflege. Aufbau, Finanzierung, Geschichte, Verbände. 2. Aufl., München 1992
Frenzel, Britta: Frühförderung hörbehinderter Kinder in Frankreich und in der Bundesrepublik Deutschland. Eine vergleichende
Bestandsaufnahme. (Berichte aus der Pädagogik), Aachen 2003
Graumann, Sigrid, Institut Mensch, Ethik und Wissenschaft gGMBH: KONKRET 1, Was ist Bioethik? Berlin 2002
Häfner, Sabine: http://www.sovd.de/1120.0.html [Status as at: 19.10.2010]
Häußermann, Martin, Landesarchiv Baden Württemberg (publ.): http://www.landesarchiv-bw.de/web/45867 [Status as at:
27.11.2010]
38

Hermes, Gisela: http://www.bmfsfj.de/Publikationen/genderreport/01-Redaktion/PDF-Anlagen/lit-umfragegeschlechtsspezifisch,property=pdf,bereich=genderreport,sprache=de,rwb=true.pdf,
S.14ff. [Status as at: 03.11.2010]
Hochschule Regensburg: http://www.hs-regensburg.de/fakultaeten/sozialwissenschaften/studiengaenge/inklusionexclusion.html
[Status as at: 27.10.2010]
Hofe Vom, Jutta; Aktion Mensch (publ.): http://www.familienratgeber.de/recht/persoenliches_budget.php [Status as at:
27.11.2010]
Hüppe, Hubert, Beauftragter der Bundesregierung für die Belange behinderter Menschen:
http://www.behindertenbeauftragter.de/cln_115/nn_1040168/DE/DasAmt/DerBeauftragte/Beauftragte__node.html?__nnn=true
[Status as at: 19.10.2010]
Jacobs, Kurt: http://www.bpb.de/files/Q72JKM.pdf, S.21 [Status as at: 22.09.2010]
Katzenbach, Dieter/ Schroeder, Joachim: Zeitschrift für Inklusion, Nr. 1 "Ohne Angst verschieden sein können" Über
Inklusion und ihre Machbarkeit: http://www.inklusion-online.net/index.php/inklusion/article/viewArticle/2/2, Kapitel: Wirklichkeit,
2007 [Status as at: 22.11.2010]
Kehlbreier, Dietmar: http://www.dietmar-kehlbreier.de/cms/_data/diakoniegeschichte.pdf [Status as at 27.11.2010]
Kim, Anna: Familie und soziale Netzwerke. Eine komparative Analyse persönlicher Beziehungen in Deutschland und
Südkorea, (Forschung Soziologie, Bd. 114), Opladen 2001
Klie, Thomas/ Siebert, Annerose, NDV Nachrichtendienst (publ.): Das „Integrierte Budget“, Chance zur Weiterentwicklung
des trägerübergreifenden Budgets gemäß §17 SGB IX? S. 341-344, August 2008
Knittel, Tjark (publ.): http://www.familie-und-tipps.de/Kinder/Kinderbetreuung/Kindergartenmodelle/integrativer-
Kindergarten.html [Status as at: 26.10.2010]
Knospe Ulrike: Bundesministerium für Arbeit und Soziales (Hrgs.): http://www.einfachteilhaben.de/cln_164/DE/StdS/Schule_Studium/so_paed_foerderung/so_paed_foerderung_inhalt.html
[Status as at:
03.11.2010]
Kommunalverband für Jugend und Soziales Baden Württemberg (publ.):
http://www.kvjs.de/fileadmin/user_upload/pdf/Publikationen/Leistungsbilanz_2008-09.pdf, S.8 [Status as at: 27.10.2010]
kobinet e.V. (publ.): http://www.kobinet-nachrichten.org/cipp/kobinet/custom/pub/content,lang,1/oid,12141/ticket,g_a_s_t
[Status as at: 03.11.2010]
Kruse, Katja; Bundesverband für körper- und mehrfachbehinderte Menschen e. V. (publ.):
http://www.bvkm.de/recht/rechtsratgeber/mein_kind_ist_behindert.pdf, S.22 [Status as at: 22.11.2010]
Landesverband für körperbehinderte Menschen (publ.): http://www.lv-koerperbehinderte-bw.de/pdf/Mein_Kind-0601.pdf
[Status as at: 22.09.2010]
Langendörfer, Hans; Sekretär der Deutschen Bischofskonferenz: http://www.dbk.de/fileadmin/redaktion/diverse_
downloads/presse/2010-047a-Menschen_mit_Behinderung-grussw.pdf, S.2 [Status as at: 01.11.2010]
Langenau, Lars: http://www.spiegel.de/wirtschaft/0,1518,265897,00.html [Status as at: 20.10.2010]
Markowetz, Reinhard; BeB (publ.): „Paradigmenwechsel, Bringt Inklusion den Menschen mit Behinderung mehr Teilhabe und
Emanzipation?“, In: Orientierung, Fachzeitschrift der Behindertenhilfe, Berlin, Ausgabe 1/2009.
Menzel, Martina/ Stenzig, Klaus-Peter: Interview mit Expertin und Experte des Diakonischen Werkes der EKD e.V., 2010
Ministerium für Gesundheit und Soziales, Sachsen Anhalt (publ.): http://www.sachsen-anhalt.de/LPSA/index.php?id=16479
[Status as at: 20.10.2010]
Müller-Zurek, Lebenshilfe Berlin (publ.): http://www.familienhandbuch.de/cmain/f_aktuelles/a_behinderung/s_499.html
[Status as at: 22.09.2010]
Papenheim, Heinz-Gert/ Baltes, Joachim: Verwaltungsrecht für die soziale Praxis. 20., überarb. Aufl., Frechen 2008
Polster, Michael: http://www.fruehfoerderstellen.de/index.php?id=141 [Status as at: 26.10.2010]
Pompey, Heinrich: http://www.freidok.uni-freiburg.de/volltexte/5582/pdf/Pompey_Herausforderungen_und_Chancen.pdf, S.53
[Status as at: 19.10.2010]
39

Rathsmann-Sponsel, Irmgard/ Sponsel, Rudolf: http://www.sgipt.org/gesko/stat/behind0.htm [Status as at: 27.11.2010]
Rößler, Carl-Wilhelm:
http://www.behindertenbeauftragter.de/cln_108/nn_1451192/AI/Kampagne/RehabilitationundArbeitsmarkt/Bericht/RedeR_C3_B
6_C3_9Fler.html#doc1451208bodyText4 [Status as at: 20.10.2010]
Schibilsky, Michael: Soziale Sicherheit für behinderte Menschen. Ein Weißbuch der Forderungen und Perspektiven, Freiburg
im Breisgau 1999
Schubert, Klaus/ Bazant, Ursula/ Hegelich, Simon: Europäische Wohlfahrtssysteme. Ein Handbuch, Wiesbaden 2008
Schug, Andreas: http://www.hintergrund.de/20090317363/soziales/privatisierung/vom-altenheim-zum-aktienkasino.html [Status
as at: 13.11.2010]
Schulpflichtgesetz des Landes Schleswig-Holstein in der Fassung des 5.12.55, §11
Senatsverwaltung für Integration, Arbeit und Soziales (publ.):
http://www.berlin.de/sen/soziales/behinderung/eingliederungshilfe/ [Status as at: 27.11.2010]
Statistisches Bundesamt Deutschland (publ.); Pressemitteilung Nr.258 vom 17.07.2008:
http://www.destatis.de/jetspeed/portal/cms/Sites/destatis/Internet/DE/Presse/pm/2008/07/PD08__258__227,templateId=renderP
rint.psml [Status as at: 19.05.2010]
Statistisches Bundesamt Deutschland (publ.); Pressemitteilung Nr.406 vom 30.10.2008:
http://www.destatis.de/jetspeed/portal/cms/Sites/destatis/Internet/DE/Presse/pm/2008/10/PD08__406__227,templateId=renderP
rint.psml [Status as at: 19.05.2010]
United Nations (publ.): http://hdr.undp.org/en/media/HDR_2009_EN_Complete.pdf [Status as at: 30.11.2010]
Vukovic, Sandra; Aktion Mensch e.V. (publ.):
http://www.familienratgeber.de/jugendliche_erwachsene/familie_partnerschaft/behinderte_muetter.php [Status as at:
03.11.2010]
Waldschmidt, Anne; BpB (publ.): Beilage zur Wochenzeitung Das Parlament: Aus Politik und Zeitgeschichte,
Selbstbestimmung als behindertenpolitisches Paradigma- Perspektiven der Disability Studies, Bonn 2003
Wendler, Ulrich; Informationen zum Versorgungs-und Schwerbehindertenrecht (publ.): http://vsbinfo.de/gesetz/verfahren.pdf,
S.3 [Status as at: 27.10.2010]
Wienand, Manfred: Sozialsystem und soziale Arbeit. in der Bundesrepublik Deutschland, 3.Auflage, Paderborn 2006
Winden, Dorothee; Sozialverband Deutschland (publ.), Pressemitteilung vom 15.12.2004:
http://www.sovd.de/717.0.html?&0= [Status as at: 22.09.2010]
Wagner, Karl: Rückmeldung eines Experten des Diakonischen Werk Württemberg (2010)
Wasmund, Steffen: Neuntes Buch (IX) Rehabilitation und Teilhabe behinderter Menschen: http://www.sozialgesetzbuchsgb.de/sgbix/1.html
[Status as at: 19.10.2010]
Wüllenweber, Ernst/Theunissen, Georg/Mühl, Heinz: Pädagogik bei geistigen Behinderungen. Ein Handbuch für Studium
und Praxis. Stuttgart 2006
40

Total population 64 million
People with disability
(1)
Synopsis for France 142
1999: No new details. Over 5 million receive assistance benefits, approx. 12
million have one or more form(s) of disability. New figures will be published
in 2011.
No.
Embodied within the
Constitution (2)
Inclusion model (3) Central importance is attached to the law passed in 2005 (equality and
equal opportunity, participation by and citizenship of people with disabilities).
Trend away from individualisation to politicisation.
Express rights and New laws past and existing ones revised. Simplification of laws which are
reality (4)
difficult to understand. Higher earners have better access to benefits. Each
individual receives minimum benefits which are guaranteed to every
individual on application.
State social welfare Social security system comprises various branches of insurance which are
benefits (5)
embodied in law. Help for families and children is included amongst the
social security benefits. Help for adults is included amongst the solidarity
payments.
Social work providers State and government ministries perform a monitoring function and
(6)
commission numerous independent and private providers to render social
services.
Financing forms (7) Social security, public funds, compulsory contributions from other private
insurances.
Religion (8) Catholic (81%), small percentage Muslim, Protestant, Buddhist and Jewish.
Role of the Church (8) France is a laicistic state, the official sphere of influence is limited. Religious
communities have formed organisations and offer social services.
Role of informal forms Family coherence important from the emotional aspect, not vital for securing
of provision (9) existence. Great importance is attached to full day schools which relieve the
burden on parents.
Education (10) Disabled and able-bodied children are normally taught together. Approx.
20,000 children do not attend any official school despite compulsory
schooling. The reasons include home schooling.
Future prospects (11) Identifiable reduction in the insurance cover because of the financial deficit.
Opening up of the market increasing in equality. Demographic change
demands a safety net system. Unemployment rate raising questions.
Ratification of the UN Yes, in 2010.
Convention on the
Rights of People with
Disabilities
Monitoring agency None.
Gender and disability Higher earners - primarily men - have better security in the system and
better access to benefits. As a result of the freedom of choice from support
offerings promoted by the state, parents, in particular women, benefit as
they are able to combine family and career.
Special strengths Family assistance is granted as required, independently of income, as high
priority is given to family policy.
Low threshold offerings are provided and are being increasingly expanded
so that people can assert their rights.
Healthcare system is very efficient.
142 Note: The figures in brackets indicate the chapter number in the respective national study.
41

National Study France
Dominique Heyberger
1. Statistics
In France the National Institute for Statistics and Economic Studies (INSEE) collects, collates
and evaluates statistical information on the country in cooperation with the Directorate for
Research, Evaluation and Statistics (DREES). 143 In response to the question as to how many
people with disabilities live in France there are differing replies depending upon which
grouping is included in the calculations. A study of impairment, disability and dependency
(HID) 144 , conducted in 1999 by INSEE and DREES, revealed that with a total population of
64 million more than five million people have received regular help in coping with the tasks of
their day-to-day lives and more than two million people have received a payment, pension or
other income as a result of a disability. 145 One of the five recognised trade unions, the
National Federation of Professional Staff (CFE-CGC) added together all the groupings listed
in the HID studies and came to a total of 12 million people with disabilities. This also includes
those who experience restrictions as a result of frailty in old age, the chronically ill or visually
impaired etc. 146
The forms of disability are categorised by INSEE and DREES in line with the WHO
categorisations. These include physical, motor, intellectual, mental, sensory and organic
forms of disability. A new study entitled, “Handicap-Santé” is currently being conducted. This
is expected to be published in 2011. 147148
2. Constitution
The Constitution came into being in 1958 and up to 2008 has been changed a total of 18
times. Direct elections for the Head of State are v one of its characteristic features. The
President is elected by the people for five years and during a period of office cannot be
dismissed by the Parliament. This makes him/her a very powerful person. In the foreword to
the Constitution reference is made to the Declaration of Human and Citizens Rights of
1789. 149 In Article 1 France is defined as an indivisibly laicistic, democratic and social
republic that guarantees the equality of all citizens before the law, regardless of origin, race
and religion. No express reference is made to equality for people with disabilities. 150 France
is number 8 place out of 182 countries in the HDI ranking and amongst the highly developed
countries comes under the category of “Very High Human Development“. 151
3. ‘Inclusion’ Model
In 2007 France signed the UN Convention on the Rights of the Disabled (UNCRPD) and
ratified it in 2010. 152 Technical debates address the importance of inclusion for the day-to-day
143
INSEE=Institut National de la Statistique et des Études Économiques; Vgl. INSEE (Hrsg.) [Stand:
06.11.2010]; DREES=Direction de la Recherche, des Etudes, de l'Evaluations et des Statistiques
144
HID=Handicaps-Incapacités-Dépendance
145
Vgl. Mormiche, Pierre, S.1ff. [Stand: 11.10.2010]
146
CFE-CGC=Confédération Francaise de l'Encadrement et Confédération Générale des Cadres
[Stand: 11.10.2010]
147
Vgl. Mormiche, Pierre, S.1ff. [11.10.2010] ;
148
Vgl. Ministère de la Santé et des Sports (Hrsg.) [Stand: 24.08.2010]
149
Vgl. Schoefer, Michael [Stand: 06.11.2010]
150
Vgl. Schild, Joachim/ Unterwedde, Henrik (2006), S.69ff., 91f.
151
Vgl. United Nations (Hrsg.) (2009), 180f. [Stand: 30.11.2010]
152
Vgl. UN (Hrsg.), Human Rights [Stand: 05.11.2010]
42

activities and in particular the question as to how the inclusion concept can be achieved and
implemented within the education system. The term inclusion is interpreted differently from
the social welfare aspect. One thing that all the interpretations have in common are the
values ‘equality and equal opportunity, participation by and citizenship of people with
disabilities’. The same law from 2005 plays a central role in the implementation of
inclusion. 153 Seen from the overall social viewpoint, the life situation of people with disabilities
is increasingly coming to the fore of public consciousness. This is leading to a trend away
from individualisation towards politicisation. In March 2008 for example people with
disabilities took to the street throughout France in order to protest against the low level of
assistance paid to the disabled, the maximum rate of which, at 630 Euros, is below the
French poverty level of 820 Euros. There is the added factor of budgetary savings in
institutions, resulting in teams being understaffed and a shortage of qualified personnel. 154
Schools lack financial resources and qualified teaching personnel in order to meet the needs
of children with disabilities. 5,000 French schoolchildren with disabilities are currently being
taught in Belgium because of a lack of school places. 155 The shortage of jobs is also having
an impact. In 2006 a third of adults with disabilities were registered as unemployed. 156 There
are 80,000 places in the workshops for disabled people (ESAT), an insufficient number. The
lack of job offers can be attributed to amongst other things the fact that the workshops for
people with disabilities have to meet the resultant costs themselves and are terminating
contracts of employment in order to save money. 157
4. Rights
In 1975 a law stipulated that people with a disability, like all members of society, have a right
to education and employment. This law embodied the first explicit rights for people with
disabilities in France. 158 Changes to the law in 1987 and 1990 brought important new
regulations on labour law such as the rule on quotas, compensatory levy and protection from
discrimination on the grounds of health or a disability. 159 This was followed in 2005 by the law
on ‘equality, equal opportunity, participation by and citizenship of people with disabilities’. It
guarantees access to tools and aids that facilitate social inclusion for these people. These
include transport aids, housing institutions designed to meet the needs of the disabled, as
well as accessible buildings. It recognises the French sign language and governs the rights
of people with impaired hearing, for example in the courts and schools. A period of
adaptation up to 2015 was stipulated for the implementation of these projects. More recent
statutory provisions generally indicate a trend towards simplifying legal regulations which are
both complex and difficult to apply. 160 This creates low threshold offers on the regional level
such as ‘housing for the disabled’ (MDPH). These are official institutions with the power to
make decisions on the allocation of services and provide advice on all aspects relating to
153
Vgl. l'égalité des droits et des chances, la participation et la citoyenneté des personnes
handicapées; Krause, Angelika (2010); Musset, Marie/ Thibert, Rémi [Stand: 30.07.2010];
154
Vgl. Kohlhoff, Ludger (2009), S. 54f
155
Vgl. French-Property (Hrsg.) [Stand: 02.09.2010]; Musset,Marie / Thibert,Rèmi [Stand: 06.11.2010]
156
Vgl. Ministère des Affaires étrangèreset européennes 2007 [Stand: 02.09.2010]
157
Vgl. Krause, Angelika (2010); ESAT=Etablissement et Service d’Aide par le Travail
158
Vgl. Kohlhoff, Ludger (2009), S. 51; Musset, Marie/ Thibert, Rémi bref [Stand: 06.11.2010];
159
Vgl. Ernst, Karl-Friedrich [Stand: 30.07.2010]; Vgl. Frenzel, Britta (2003), S.41; Loi n°90-602
160
Vgl. Hess-Klein, Caroline [Stand: 07.09.2010]; Puhl, Ria/ Maas, Udo (1997), S.71
43

disability. They have become important centres helping those affected and their families to
cope with difficult life situations. 161
For many of those affected the fact that some legal provisions draw a distinction between
France and Alsace-Lorraine is irritating. Alsace-Lorraine was occupied by Germany during
the Second World War. After Alsace was subsequently placed under French administration
in 1945 some areas of the legal structures in the Alsace Departement were not harmonised
with the legal structures that are universally applicable in France. 162
5. Social Welfare Services
As a result of numerous laws and regulations the social welfare system is extremely
complex. It is made up of various branches of the insurance sector which are embedded in
law. 163 These cover the traditional main risks such as illness, loss of care services for the
family, old age and unemployment, some of which are related to specific occupational
groups. 164
A distinction is drawn between social welfare benefits and solidarity payments. Payments for
accidents at work, occupational illnesses and disability pensions as well as payment for
children with disabilities (AEEH) are included in the social welfare payments. 165
The AEEH promotes individual help with special education for children aged between 0-18
years if the child has a degree of disability of at least 80%. This is intended to meet the high
costs e.g. for the utilisation of assistance provided via third parties. Under certain
circumstances parents are also entitled to financial support as carers (APP). 166
Benefits for adults with disabilities and older people with a loss of independence are
designated as solidarity payments. These include, amongst others, nursing care payments
and the disability pension for adults with a disability (A.A.H.). 167 In order to reduce the risk of
poverty and exclusion there is a government basic insurance, the so-called minimum benefit
(RMI) for both disabled and able-bodied people. In 2005 this was paid to 1.3 million
people. 168 A health insurance policy for those in need (CMU) was introduced in 2000,
161
MDPH=Maison Departementales des Personnes Handicapées; Vgl. Consell General (Hrsg.)
[Stand: 06.11.2010]; Handitec handroit (Hrsg.)[Stand: 06.11.2010]; Ministère du Travail (Hrsg.) [Stand:
07.09.2010]
162
Vgl. Frankreich Ratgeber 2006 (Hrsg.) [Stand: 07.09.2010]
163
Vgl. Schubert, Klaus et al. (2008), S.207 und S.212; CLEISS (Hrsg.) [Stand: 30.07.2010]
164
Anm.: Die drei großen Versicherungen sind die allgemeine Sozialversicherung (Securite Sociale),
die Sozialversicherung für die Landwirtschaft (MSA= Mutualité sociale agricole) und die
Krankenversicherung (CMU=Couverture Maladie Universelle); Vgl. Schubert Klaus et al. (2008),
S.213; Schild, Joachim (2006), S.279
165
Anm.: Der Umverteilungsfaktor bei den Gesundheits- und Sozialleistungen ist gering. Diejenigen
die viel einzahlen erhalten wesentlich mehr als jene, die wenig einzahlen. Besserverdienende
- mehrheitlich Männer - sind im System besser abgesichert. Die HID Studie zeigt auf, dass Männer
doppelt so häufig Unterstützungen durch Versicherungsleistungen erhalten. Dies liegt neben den
Verdienstunterschieden daran, dass viele Leistungen an Bereiche gebunden sind, die mehrheitlich
Männer betreffen, wie Arbeitsunfähigkeit oder Militärpensionen. Vgl. Schubert, Klaus et al. (2008),
S.226; Mormiche, Pierre, S.3 [Stand: 11.10.2010]
166
AEEH=Allocation d'Education de l'Enfant Handicapé; Vgl. Frenzel, Britta (2003),S.43;
APP=Allocation de Présence Parentale; Vgl. EU (Hrsg.), S.3 [Stand: 06.11.2010];
167
A.A.H.=Allocation aux Adultes Handicapés; Vgl. EU (Hrsg.), S.3 [Stand: 06.11.2010]; Neumann,
Wolfgang; Veil, Mechthild, S.6 [Stand: 04.07.2010];
168
RMI=Revenu Minimum d`Insertion; Vgl. Schubert, Klaus et al. (2008), S.219
44

guaranteeing comprehensive insurance cover for people who are not insured elsewhere. In
2006 this was received by nearly five million people. 169
Family assistance (CAF) is the only benefit to be paid as required, independent of income.
This is one of the special features of the French social welfare system: giving top priority to
the policy on families. However, over recent years these benefits have been continually
reduced. 170 Families with disabled children can also receive additional, special educational
assistance. 171
6. Social Work Providers
The state supervises and monitors the various institutions involved in the area of social
welfare. It rarely assumes direct responsibility as provider, except for psychiatrists and a few
specialist wards in hospitals. As a general rule it delegates the role of provider to the
numerous regional and autonomous institutions. 172 The process of decentralisation began in
1983. Increased responsibility was transferred to the local politicians in the Departements in
order for improved action to be taken locally and in order to minimise the administrative
costs. The Departements are responsible for the local social welfare assistance to which
children, young people and people with disabilities are entitled. Depending upon their budget
they invest e.g. in the construction of workshops for people with disabilities. These
investments vary significantly region to region. 173 A whole range of joint regional affiliations
act as providers of assistance for the disabled; these are normally administered as
organisations and have been established in accordance with the 1901 law on
organisations. 174 Most of the institutions which have been created over the last 30 years are
run by volunteers and relatives of people with disabilities. 175 They are represented on a local,
regional and national level and frequently pick up problem situations which are being caused
by the reduction in the central government service offerings. Most of the organisations are
linked together in large umbrella organisations such as the URIOPSS 176 . Central government
provides financial resources for the umbrella organisations so they can promote the
networking of individual initiatives. The private sector is playing an increasingly greater role.
It is responding to the increasing financing problems in the public social welfare system by
providing competing offerings. 177
7. Forms of Financing
The social welfare benefits are financed at differing levels by the state, the individual
Departements and the statutory health insurers. The largest portion of the funding for social
welfare and health-related benefits is borne by the “sécurité social”. This is financed through
contributions from employed persons who are liable to social security payments and
169 CMU=Couverture de Maladie Universelle; Anm: 53% von ihnen waren weiblich und 47% männlich.
Vgl. Französische Botschaft, CMU [Stand: 07.09.2010]
170 CAF=Caisses d’Allocations Familiales; Vgl. Schubert, Klaus et al. (2008), S.213ff
171 Vgl. Maas, Udo/ Puhl, Ria (1997), S.73
172 Vgl. CLEISS [Stand: 06.11.2010]; Schubert, Klaus et al. (2008), S.221
173 Anm.: Die Umsetzung der Dezentralisierung ist geprägt von Spannungen und Machtkämpfen
zwischen der Nationalregierung in Paris und den 100 Departements, die zunehmend mehr
entscheiden möchten, weil sie den Großteil der Sozialen Arbeit selbst finanzieren. Vgl. Maas, Udo /
Puhl, Ria (1997) S.75f; Schubert, Klaus et al. (2008), S.215
174 Anm.: Das Gesetz ermöglicht die Gründung von Unternehmen ohne Kapital und Gewinnabsicht.
175 Directions Regionale et Départementales des Affaires Sanitaires et Sociales de Picardie (Hrsg.)
[Stand: 02.09.2010]
176 URIOPSS=Union Régionale Interfédérale des Organismes Privés Sanitaires et Sociaux,
177 Vgl. Krause, Angelika (2010)
45

consequently covers 42% of the expenditure for the social security system. It plays an even
greater role in the financing of institutions for people with disabilities where it funds more than
66% of the budget required. 178
As in most European countries an ever decreasing number of people in France are engaged
under contracts of employment for which compulsory social security contributions are
payable. This is leading on the one side to falling “sécurité social” revenues and on the other
side to an increase in the state’s share of the financing for the social welfare system. This
has risen from 17% in the 1980s to 30% at present. To provide the funding the new taxes
(CSG and CRDS) were introduced in 1991. The former has become an important source of
funding for social welfare benefits. It is used to pay for the social welfare measures of those
on lowest incomes as well as benefits for adults with disabilities. 179
In some cases treatment costs and services also have to be met by the actual benefit
recipients themselves. Voluntary supplementary insurances exist for this purpose and have
been concluded by 90% of the French population. 180 Some of the institutions and
organisations operate on the basis of significant resources raised themselves through
fundraising and income from donations. 181 That applies to a lesser extent to the current costs
which are met by the daily rates. Small organisations have the chance of obtaining funding
via the “Fondation de France” and other foundations. 182
8. Church and Religion Motivation
Under its constitutional law France is a laicistic state. This means that there is strict
separation between the role of church and state. Numerous denominations are represented
amongst the population. The majority of the population, 81%, is Roman Catholic, with smaller
percentages of Muslim, Protestant, Buddhist and Jewish faith organisations respectively. 183
The churches have limited official influence. Since 1905 they have only had the right to
perform their liturgical functions and to operate in the ecclesiastical and spiritual sense. As a
result of the abovementioned law on organisations from 1901, religious communities (not the
churches) are permitted to establish themselves as organisations. This requires that religious
values should not be accorded priority 184 and that a number of the values represented are
recognised by the state. These as well as other organisations then have the opportunity to
receive state grants and funding from foundations. 185
9. Informal Forms of Provision
The majority of the five million people with disabilities and who require assistance live at
home. Approx. 700,000 people are housed in special facilities and homes for people with
178 Vgl. Schubert, Klaus et al. (2008),S.215ff; Schmid, Josef (2002), S.141f; Frenzel, Britta (2003),S.44
179 CSG=Contribution Sociale Généralisée; CRDS=Contribution au Remboursement de la Dette
Sociale; Vgl. CLEISS (Hrsg.) [Stand: 30.07.2010]; Schubert, Klaus et al. (2008), S.224
180 Vgl. Schubert, Klaus et al. (2008), S.215; Neumann, Wolfgang (2002); Veil, Mechthild (2004), S.9
[Stand: 24.07.2010]; Ministère de la jeunesse et des solidarités actives (Hrsg.) [Stand: 06.11.2010]
181 Vgl. Fondation Pasteur Eugène Bersier (Hrsg.) [Stand: 06.11.2010]
182 Vgl. Fondation de France (Hrsg.) [Stand: 07.09.2010]
183 Vgl. Czysz, Armin/ Joosten, Angela [Stand: 06.11.2010]
184 Anm.: Diese Logik steht im Gegensatz zum deutschen System. Dort wird die Privilegierung von
Caritas und Diakonie gerade aus der nachweisbaren Bindung an die Kirchen abgeleitet.
185 Anm.: Beispiele: Evangelische Fondation Chandos, Fondation Adèle de Glaubitz, Fondation
Sonnenhof im Nordelsass und Saint Andre im Südelsass bei Colmar, Fondation John Bost und Arche
Jean Vanier Assoziation, die aus 30 Vereinen und 100-150 Wohnheimen besteht.
46

disabilities. 186 French schoolchildren basically spend a great deal of time in public
educational facilities. A full day’s teaching and the daily provision of a hot lunch are a matter
of course. 187 The policy on families is a combination of comprehensive financial benefits and
entitlements to childcare. Parents can select from a range of state funded care offerings
outside the family to suit their life situation. In this context particular attention is paid to
promoting the mother’s freedom of choice. The aim is for her to be able to decide whether to
return to work or to concentrate on raising her children and not earning her own income. 188
The support services from the immediate environment were seen as important during the
HID study. Two thirds of people with disabilities and living at home stated that they receive
help from relatives, friends or neighbours. The survey clearly revealed that the family
environment and social origins have a strong influence on the future of a person with a
disability. It emerged from this that a child with a disability from a working family is three
times more likely to live in an institution than a child from a wealthier family and that a sense
of social exclusion on the part of people with disabilities who live in homes is eight times
more common than amongst people who live within the family environment. 189
10. Education
The education system, organised by central government, recognises all-day schools as the
mainstream. The same applies for the 20% private schools. 190 Education commences at the
pre-school stage (Ecole Maternelle) which is offered from the age of four to six. It is free and
not compulsory. This is followed by elementary school (Ecole Elementaire) which is divided
into learning cycles and in this way provides the pupils with an individual division of their time
at their own pace of learning without experiencing any discrimination. This is followed by the
secondary stage (college) and the grammar school (Lycée).
Universal compulsory education was introduced in 1882. Since 1967 education has been
compulsory up to the age of 16. In 1975 the upbringing of and education for people with
disabilities became an obligatory task of the state and was laid down in specific terms by the
central Act of 2005. 191 Despite the compulsory education there are a significant number of
children who do not attend school. This is attributable to amongst other things a high
proportion of the children being taught at home (approx. 20,000). 192
Pupils in need of assistance normally attend lessons at mainstream schools. In the
elementary school there are phased integration classes (CLIS) designed to enable the pupils
to more readily benefit from conventional schooling. There is also the ‘adapted teaching’
(SEGPA) and ‘integrated educational units’ (UPI) which have been developed over recent
years in a number of higher education schools. These teaching units have been established
186
Anm.: In einer Studie über die Qualität gemeindenaher Wohnprojekte für Menschen mit
Behinderung erreichte Frankreich 2,85 Punkte bei einem Höchstwert von 5,0 Punkten. Vgl.
Europäische Komission (Hrsg.); Mormiche, Pierre (2000), S.2f. [Stand: 11.10.2010]
187
Vgl. Schultheis, Franz (1999), S.92
188
Anm.: Kinder werden aus historischen Gründen nicht nur als privates, sondern auch als
öffentliches Gut betrachtet. Der Staat unterstützt öffentliche und private Kinderbetreuung,
Krippenplätze, Vorschulen und die Beschäftigung von Tagesmüttern und anderen
Betreuungspersonen. Vgl. Veil, Mechthild, S.32 [Stand: 25.09.2010]; Stern, Nadine (2007), S.118ff.
189
Vgl. Mormiche, Pierre (2000), S.3f. [Stand: 11.10.2010]
190
Anm.: Diese, zumeist unter katholischer Trägerschaft geleiteten Schulen, zählen eher zu jenen, die
den Bedürfnissen von Kindern mit Behinderung gerecht werden. Vgl. Krause, Angelika (2010)
191
Vgl. Brockhaus (Hrsg.) (1911), S. 656f. [Stand: 07.09.2010]; Haensch, Günther/ Tümmers, Hans J.
(1998), S.256ff; Ministère des Affaires étrangèreset européennes (Hrsg.) [Stand: 02.09.2010]
192
Vgl. Krause, Angelika (2010); Meunier, Marie-Lise (Hrsg.) [Stand: 07.09.2010]
47

in order to also encourage children with disabilities to continue schooling after completing the
CLIS process at the elementary school. 193 From the eighth grade pupils can start vocational
training which - adapted to the needs of the young people - smoothes the transition to
working life. SEGPA courses are attended by 92,000 pupils at public schools and by 4,000 at
private schools. 194 The aim of this ‘adapted teaching’ is to enable the young people to take
up apprenticeships. Since the teaching personnel at the mainstream schools often have no
special training in education for the disabled, there is a lack of knowledge in the day-to-day
teaching about how to deal with the needs of people with disabilities. There are specialist
‘mobile’ teaching staff provided to deal with this problem. They specialise in education for the
disabled and have advisory roles at schools and nurseries in which children with disabilities
are integrated. As a result of savings programmes this inclusion package is to be
discontinued in the future. 195 If a child cannot attend a mainstream school as a result of the
disability, so-called educational-medical special teaching institutions (IME, IMP or IMPRO) 196
are offered, some of which operate under the supervision of the Department of Health. In
2008 the integration rate for children with disabilities was 30%, 70% of the children were
taught on a segregated basis. 197 There is a widespread belief today that children with
disabilities should be integrated into the mainstream school system and only sent to special
schools in rare cases. 198 Up to 2005 there was little inclusion in France. It was not until the
introduction of the abovementioned statutory regulation that children with disabilities were
integrated into the mainstream school system in order to create wide-ranging equal
opportunity and social equality. As a result of the lack of aids and financial resources the
pace of change is slow and access for people in need of assistance in mainstream schools
remains difficult. The children still frequently move from the elementary school to a special
school. 199 In the mainstream schools the teaching staff frequently has insufficient expertise in
education for the disabled. There are assistance benefits, guaranteed by law, designed to
support children by providing personal assistants. In reality the provision of assistants is
unreliable. The contracts are only approved for a limited period and there are no long-term
guarantees about their financing. Students or senior citizens often accompany the children in
their day-to-day school activities, work together for a few months and then are subsequently
replaced. This model is felt to be unsatisfactory by those affected and is fiercely criticised by
large parent organisations. 200
11. Prospects
The healthcare system is very efficient when viewed by global comparison. In the World
Health Report 2000 France occupies the number 1 spot amongst a comparison of 191
countries. However, when looking at the services there are signs of a trend towards a
reduction in the level of social welfare protection. In 2004 the sécurité sociale announced a
deficit of nearly 14 billion Euros. The benefits paid by the government compulsory insurance
193
CLIS=Classes d'Intégration Scolaire, SEGPA=Sections d'Enseignements Généraux et
Professionnels Adaptés; UPI=Unités Pédagogiques d'Intégration; vgl. EACEA (Hrsg.) (2009), S.8
194
Vgl. Vitry, Daniel (Hrsg.), S.93 [Stand : 03.09.2010]
195
Vgl. CRAP (Hrsg.) [Stand: 20.09.2010]
196
IME=Instituts Médico-Educatifs, IMP=Intitituts Medico-Pédagogiques, IMPRO=Instituts Médico-
Professionnels. Vgl. Directions Regionale et Départementales des Affaires Sanitaires et Sociales de
Picardie (Hrsg.) [Stand: 02.09.2010]; French-Property (Hrsg.) [Stand: 02.09.2010]
197
Vgl. Markowetz, Reinhard (2009)
198
Vgl. Döbert; Hörner et al. (Hrsg.) (2010), S.252ff.
199
Vgl. Kolhoff et al. (2009), S.53; Schädler, Johannes et al. (2008), S.87 [Stand: 13.10.2010];
200 Vgl. Krause, Angelika (2010)
48

were subsequently reduced sharply. The consequences of this are being seen in a growing
market for supplementary pensions. An ever-increasingly larger proportion of the healthcare
costs is being met by private insurance companies or insurance organisations. These
benefits are only available to the households that can pay for them. The trend is towards the
system being increasingly opened up to the market, increasing the already existing
inequalities. 201 As in most OECD states the demographic change will also have a major
impact on the social welfare system in France as the costs for healthcare and nursing for
older people will increase. In the scientific discussion, there is criticism about the fact that
France has concentrated primarily on family support measures and ignored the life phases of
old age. 202 The increasing level of unemployment in particular is raising questions about the
social cohesion and solidarity. We are seeing the emergence of an increasingly precarious
reality as 19% of those under the age of 25 live below the poverty line. 203 Long-term and
youth unemployment is one of the most important topics. All the budgetary and cost-cutting
measures in the area of social welfare are hitting people with disabilities particularly hard. 204
Protests by wide sections of the population show that these developments will not be readily
accepted by people with disabilities. Experts in the social sciences field are demanding an
agenda of reforms in order to counter cost-cutting measures and deficits in the labour market
policy. 205
12. Sample Case
Aurelie suffered from meningitis in her infancy. She is physically and hearing disabled and
also has speech and visual impairments.
Infancy
Whilst Aurelie was still in hospital an employee from the early learning development agency
(C.A.M.S.P.) 206 visited her and her parents in order to diagnose her form of disability and
provide advice. This service is financed by the health insurer. 207 Through the interdisciplinary
early learning development agency Aurelie‘s parents receive initial support in seeking a place
in an appropriate crèche. Both parents work, during the day Aurelie is looked after in a
crèche and receives additional help in a special educational facility for children
(S.A.F.E.P.). 208 All three institutions communicate together and regularly consult with
Aurelie’s parents. The special educational institution is paid for by the health insurer.
Together with Aurelie her parents attend weekly support meetings at the early learning
development agency where, in group support programmes, they come into contact with
other parents who also have a child with a disability. 209
201
Vgl. Neumann,Wolfgang/Veil, Mechthild, S.2-8 [Stand: 06.11.2010]; Schubert, Klaus et al. (2008),
S.227-233
202
Vgl. Neumann, Wolfgang / Veil, Mechthild, S.6 [Stand: 24.07.2010]
203
Vgl. Schubert, Klaus et al. (2008), S.234
204
Vgl. Kolhoff et al. (2009), S.54
205
Vgl. Baverez, Nicolas [Stand: 08.08.2010]
206
C.A.M.S.P.=Centre d'Action Médico-Sociale Précoce
207
Anm.: Der Einsatz wird von der Securité Sociale und dem Conseil General finanziert, Vgl.
Association du C.A.M.S.P. du Doubs et de l'Aire Urbaine (Hrsg.) [Stand: 02.09.2010]
208
S.A.F.E.P.=Service d'Accompagnement Familial et d'Education Précoce; Vgl. Neumann, Wolfgang/
Veil, Mechthild, S.6 [Stand: 24.07.2010]
49

Childhood
Since her third birthday the Administration Department for Early Learning Development and
Educational Integration (S.S.E.F.I.S.) has been responsible for Aurelie and will remain so
until she reaches majority age. 210 For Aurelie’s parents the question is to whether she should
go to the normal mainstream nurseries or to a special school (S.E.E.S.). Following intensive
consultations the parents decide on the nearby nursery where Aurelie receives support from
an assistant (A.S.M.) 211 . This need was determined by the team at the local Disabled
Advisory Centre (MDPH) which in her region is responsible for legal matters and applying for
assistant services. 212 The assistance is provided by a student and is approved for six
months. The parents then apply for an extension. Aurelie is granted this support again and
this time the assistance is provided for six months and by a senior citizen. This change in
personnel occurs repeatedly until she moves to the elementary school. Aurelie’s parents
receive additional support services for her at home, these having been applied for on her
behalf by the Disabled Advisory Centre and are paid for by the insurance companies. 213
School
At the age of 6 Aurelie attends the elementary school. The parents wanted Aurelie to be
nearby and chose the school which is just give minutes away. 214 It is a whole day school and
Aurelie spends most of the time during the day with her friends. The specialists at the local
Advisory Centre, the class teacher and Aurelie’s parents jointly discuss the formulation of an
individual timetable (P.P.S.). 215 Discussions are held about which aids Aurelie needs for her
to be able to follow events at school. The Advisory Centre submits the application for the
procurement of appropriate teaching materials and aids. There are problems with obtaining
approval for the assistance as the budget has been exhausted. The parents contact a
parents’ organisation from which they receive support. The parents’ organisation contacts the
administration department responsible and requests the assistance services. These are
approved for a further six months. Aurelie gets the feeling that the teacher does not know
how to teach her. The teacher has 23 children in her class and cannot meet individual
needs. 216 Following consultation with the parents Aurelie receives additional support units
(CLIS) and quickly makes friends with other children.
Leisure
At the suggestion of the Advisory Centre Aurelie is registered with the national school sports
organisation. 217 Aurelie is enthusiastic about her new hobby. Her friends are also there. She
takes part in competitions and gets lots of recognition.
209
Vgl. Frenzel, Britta (2003), S.75ff.
210
S.S.E.F.I.S.=Service de Soutien à l'Education Familiale et à l'Intégration Scolaire;
211
S.E.E.S.=Service d'Education et d'Enseignement Spécialisé; A.S.M.=Assistantes Specialisees
d’ecole Maternelle; Anm.: Diese Assistentinnen und Assistenten haben in der Regel keine
Ausbildung.
212
MDPH=Maison Departementales des Personnes Handicapées
213
Vgl. Krause, Angelika (2010)
214
Vgl. Döbert, Hans et al. (2010), S.259
215
P.P.S=Projet Personalisé de Scolarisation. Vgl. Ministère de l'Éducation nationale 2010 (Hrsg.)
216
Vgl. BpB (Hrsg.) [Stand: 03.09.2010]; Living France (Hrsg.) [Stand: 03.09.2010]
217
Vgl. Fédération Française Handisport (Hrsg.) [Stand: 03.09.2010]
50

Youth/college and training
At the age of eleven Aurelie switches to the college. In order to smooth her transition from
the elementary school to this higher education school she attends the special educational
unit there (UPI) and from eighth grade the vocational training branch (SEGPA) where she
starts training as a technician in a bakery. 218 At the age of 17 Aurelie completes her
training. 219
Young adulthood/transition to working life
When Aurelie has completed her training she looks for a company to take her on. She
quickly realises that there are only a few jobs available on the labour market. She contacts
the Advisory Centre and finds out which family allowances she is still entitled to. She is able
to draw a disability pension from the age of 20 - and only in special cases from the age of 16.
This means that she initially cannot earn enough money to live independently. Aurelie
continues to live with her parents. At the same time she looks for a part-time job. Her hobby
gives her strength and gives balance to her life. At the age of 21 Aurelie meets Pascal at a
sports competition and falls in love with him. After the relationship between the two becomes
stronger they decide to live together. Aurelie contacts the Advisory Centre and applies to it
for the disability pension of 700 Euros which is paid to people with a permanent disability of
at least 80%. 220 She also applies for housing allowance. These are all approved for her after
a waiting period of seven months. 221 Pascal is also looking for work - to-date without
success. 222 The workshop for disabled people contacts Aurelie after she has been on its
waiting list for two years. A space has become free and is allocated to Aurelie. She accepts it
and is therefore able to contribute towards her income.
Adulthood
After the pair has decided to start a family Aurelie becomes pregnant at the age of 31. They
jointly seek advice from the Advisory Centre which puts them in touch with the ADAPPH, the
parents’ organisation for parents with disabilities, where they attend further training and
workshops, establish contacts and are prepared for what’s ahead. 223 The couple jointly
decide to enter into a civil solidarity pact PACS 224 in which couples give each other material
support. 225 This reduces their disability pension by 17% but in return they gain tax
advantages. Aurelie continues to work normally up to the end of the seventh month and then
suffers premature pain. She has to go into hospital. All the costs are met by the universal
basic health insurance CMU 226 which requires no contributions from Aurelie because her
218 Vgl. EACEA (Hrsg.) (2009), S.8 [Stand: 03.09.2010]
219 Anm.: Aurelie wird bei Beschulung in CLIS, UPI, SEGPA als inkludiert gezählt, da sich diese
Schulformen im Regelschulumfeld befinden. Vgl. Ministère de l'éducation nationale (Hrsg.)
220 Vgl. Allocation Adultes Handicapés (Hrsg.) [Stand: 04.09.2010]
221 Anm.: Der Antrag wird beim Beratungszentrum eingereicht und von dort an sieben Kommissionen
gesandt, unter anderem an die Kommission zum Schutz der Menschenrechte und der Autonomie der
Menschen mit Behinderungen CDAPH=Commission des Droits et de l'Autonomie des Personnes
Handicapées). Alle Kommissionen prüfen, ob die Voraussetzungen für Hilfeleistungen vorliegen. In
der Regel werden die Hilfen gewährt. Vgl. Allocation Adultes Handicapés (Hrsg ) [Stand: 04.09.2010]
222 Vgl. WirtschaftsBlatt Digital GmbH (Hrsg.) [Stand: 04.09.2010]
223 ADAPPH=Association pour le Développement de l'Accompagnement à la Parentalité des
Personnes Handicapées Vgl. Doctissimo (Hrsg.) [Stand: 04.09.2010]
224 Anm.: Der PACS wird beim Amtsgericht beantragt und verschafft ähnliche Vorteile, wie eine Ehe
225 Vgl. Französische Botschaft (Hrsg.), PACS [Stand: 04.09.2010]
226 Anm.: Die CMU wird nicht von allen Krankenhäusern akzeptiert, obwohl dies nicht rechtens ist.
Vgl. Santé-médecine (Hrsg.)[Stand: 04.09.2010]
51

salary and that of her partner are below the statutory minimum. 227 Aurelie gives birth to a son
Jean and shares joy as a mother with Pascal. After Jean reaches the age of two and attends
nursery, Aurelie returns to work.
Old age
After Aurelie reaches the age of 60 she is no longer entitled to draw the disability pension.
She is in increasing need of support. Age-related complaints create new challenges in her
day-to-day life. Her son now lives far away and only visits at weekends. Aurelie applies for
her retirement pension. 228 When Pascal reaches the age of 82 and is no longer able to
provide for the household and his wife on his own, he seeks help. A social worker from the
Advisory Centre and his own doctor complete an application for ‘personal assistance with
independent living’ (APA). Aurelie is classed as in need of nursing care. The money for her
care comes from the social welfare. Aurelie and Pascal receive meals on wheels three times
a week which costs them 75 Euros a month. 229 Over the next few years there is ever
increasing need for support services. At the age of 73 Aurelie dies from a heart attack.
Quellenverzeichnis:
Allocation Adultes Handicapés (Hrsg.): http://www.handroit.com/aah.htm [Stand: 04.09.2010]
Association du C.A.M.S.P. du Doubs et de l'Aire Urbaine (Hrsg.): http://www.camsp.fr/ [Stand: 02.09.2010]
Association Saint François-Xavier Don Bosco (Hrsg.): http://www.saintfrancoisxavier.fr/ [Stand: 03.10.2010]
Baverez, Nicolas: http://www.wiwo.de/politik-weltwirtschaft/das-modell-des-franzoesischen-wohlfahrtsstaates-funktioniert-nichtmehr-135417/2/
[Stand : 08.08.2010]
BpB (Hrsg.): http://www.bpb.de/publikationen/A7Y5R9,1,0,Ganztagsschule_mit_Tradition%3A_Frankreich.html [Stand:
03.09.2010]
Brockhaus (Hrsg.): Kleines Konversations-Lexikon, fünfte Auflage, Band 2. Leipzig 1911.
C.A.M.S.P (Hrsg.): http://asnr.free.fr/glossaire/camsp.html [Stand: 08.08.2010]
CLEISS (Hrsg.): http://www.cleiss.fr/docs/regimes/regime_france/al_0.html [Stand : 30.07.2010]
Confédération Francaise de l'Encadrement et Confédération Générale des Cadres:
http://www.cfecgc.org/handi/e_upload/pdf/1-_les_chiffres_du_handicap_version_intervention.pdf [Stand: 11.10.2010]
Consell General Departement du Nord (Hrsg.):
http://www.cg59.fr/frontoffice/AfficheArticle.aspx?idArticle=1024&idArborescence=69 [Stand: 09.09.2010]
Czysz, Armin/ Joosten, Angela/ Euro-Informationen (GbR) (Hrsg.): http://www.eu-info.de/europa/EU-Mitgliedstaaten/5396/
[Stand: 06.11.2010]
CRAP, Cahiers pédagogiques est soutenu pour son fonctionnement par le ministère de l'Éducation nationale (Hrsg.):
http://www.cahiers-pedagogiques.com/article.php3?id_article=3963 [Stand: 20.09.2010]
Directions Regionale et Départementales des Affaires Sanitaires et Sociales de Picardie (Hrsg.):
http://www.picardie.sante.gouv.fr/handime.htm [Stand: 02.09.2010]
Ditz, Rüdiger. Spiegel Online GmbH: http://www.spiegel.de/wirtschaft/0,1518,515437,00.html [Stand: 04.09.2010]
Döbert, Hans et al.: Die Bildungssysteme Europas. (Grundlagen der Schulpädagogik, Bd. 46). 3. Aufl. Baltmannsweiler 2010.
Doctissimo (Hrsg.): http://www.doctissimo.fr/html/dossiers/handicap/articles/8680-grossesse-handicape.htm [Stand:
04.09.2010]
EACEA (Hrsg.): National summary sheets on education system in Europe and ongoing reforms, Edition 2009:
http://eacea.ec.europa.eu/education/eurydice/documents/eurybase/national_summary_sheets/047_FR_EN.pdf [Stand:
03.09.2010]
Europäische Kommission (Hrsg.): Included in Society. Ergebnisse und Empfehlungen der europäischen Studie über
gemeindenahe Wohnangebote für Menschen mit Behinderungen 2003.
Ernst, Karl-Friedrich, Bundesarbeitsgemeinschaft der Integrationsämter und Hauptfürsorgestellen (Hrsg.):
http://www.integrationsaemter.de/webcom/show_zeitschrift.php/_c-560/_nr-68/_p-2/i.html [Stand: 30.07.2010]
Europäische Union (Hrsg.): http://ec.europa.eu/employment_social/missoc/2003/012003/fr_de.pdf [Stand: 06.11.2010]
Fédération Française Handisport (Hrsg.): http://www.handisport.org/content/jeunes/index.php [Stand: 03.09.2010]
Fondation de France (Hrsg.): http://www.fondationdefrance.org/English-version/Areas-of-action/Social-Cohesion [Stand:
07.09.2010]
Fondation Pasteur Eugène Bersier (Hrsg.):
http://www.museeprotestant.org/Pages/Notices.php?scatid=146&noticeid=772&lev=1&Lget=DE [Stand : 06.11.2010]
227
Vgl. Pratique.fr (Hrsg.) [Stand: 04.09.2010]
228
Anm.: Seit 1999 werden die Bezieherinnen und Bezieher von Invalidenrenten mit 60 Jahren an das
Altersrentensystem verwiesen.Vgl. Stowczynski, Gerd [Stand: 04.09.2010]
229
APA=Allocation Personnalisée d'Autonomie; Vgl. Ditz, Rüdiger [Stand: 04.09.2010]
52

Frankreich Ratgeber 2006 (Hrsg.): http://www.frankreich-ratgeber.de/Elsass-Alsace.html [Stand: 07.09.2010]
Französische Botschaft (Hrsg.), CMU: http://www.botschaft-frankreich.de/spip.php?article2771 [Stand : 07.09.2010]
Französische Botschaft (Hrsg.), PACS: http://www.botschaft-frankreich.de/article.php3?id_article=915 [Stand: 04.09.2010]
French-Property (Hrsg.):
http://www.french-property.com/guides/france/public-services/school-education/special/ [Stand: 02.09.2010]
Frenzel, Britta: Frühförderung hörbehinderter Kinder in Frankreich und in der Bundesrepublik Deutschland. Eine vergleichende
Bestandsaufnahme. (Berichte aus der Pädagogik). Aachen 2003.
Haensch, Günther/ Tümmers, Hans J.: Frankreich. Politik, Gesellschaft, Wirtschaft. (Beck'sche Reihe Länder, Bd. 831). 3.,
völlig neu bearb. Aufl., Orig.-Ausg. München 1998.
Handitec Handroit (Hrsg.): http://www.handroit.com/maison_handicap.htm [Stand: 06.11.2010]
Hess-Klein, Caroline: http://archiv.agile.ch/index.php?id=559 [Stand : 07.09.2010]
INSEE (Hrsg.): http://www.insee.fr/en/insee-statistique-publique/default.asp [Stand: 06.11.2010]
Schädler, Johannes/ Albrecht R. S. S.: The Specific Risks of Discrimination Against Persons in Situation of Major
Dependence or with Complex Needs. Report of a European Study Volume 2: Research and Analysis. [Stand: 13.10.2010]
Kolhoff, Ludger/ Assmann, Thomas: Soziale Arbeit mit Menschen mit Behinderung in Deutschland, Frankreich und Italien.
Dokumentation eines deutsch-französisch-italienischen Austauschseminars. 1. Aufl. Baltmannsweiler 2009.
Krause, Angelika: Pfarrerin aus Frankreich/ Bordeaux, Interview vom 22.08.2010
Living France (Hrsg.): http://www.livingfrance.com/real-life-living-and-working-dealing-with-disability-in-france--4637 [Stand:
03.09.2010]
Maas, Udo/ Puhl, Ria: Soziale Arbeit in Europa. Organisationsstrukturen, Arbeitsfelder und Methoden im Vergleich.
(Grundlagentexte Soziale Berufe). Weinheim 1997.
Markowetz, Reinhard, BeB (Hrsg.): „Paradigmenwechsel, Bringt Inklusion den Menschen mit Behinderung mehr Teilhabe und
Emanzipation?“, In: Orientierung, Fachzeitschrift der Behindertenhilfe, Berlin, Ausgabe 1/2009.
Meunier, Marie-Lise (Hrsg.): http://www.hausunterricht.org/html/hs_international.html [Stand: 07.09.2010]
Ministère des Affaires étrangèreset européennes (Hrsg.) 2007: http://www.ambafranceeau.org/france_eau/IMG/disabled.pdf
[Stand: 02.09.2010]
Ministère de l'Éducation nationale – 2010 (Hrsg.): http://www.education.gouv.fr/handicap [Stand: 03.09.2010]
Ministère de l'éducation nationale: http://www.education.gouv.fr/cid207/la-scolarisation-des-eleves-handicapes.html [Stand:
06.11.2010]
Ministère du Travail (Hrsg.), de la solidarité et de la Fonction publique:
http://www.travail-solidarite.gouv.fr/etudes-recherche-statistiques-de,76/statistiques,78/les-travailleurs-handicapes,88/les-motsdes-travailleurs,250/maisons-departementales-des,3351.html
[Stand: 07.09.2010]
Ministère de la Santé et des Sports (Hrsg.): http://www.sante-sports.gouv.fr/handicap-sante.html [Stand: 24.08.2010]
Ministère de la jeunesse et des solidarités actives (Hrsg.): http://www.associations.gouv.fr/3-le-poids-economique-et-socialdes.html
[Stand: 06.11.2010]
Mormiche, Pierre: INSEE Première, n°742, octobre 2000 : http://www.insee.fr/fr/ffc/docs_ffc/ip742.pdf [Stand: 11.10.2010]
Musset, Marie/ Thibert, Rémi bref: http://www.inrp.fr/vst/LettreVST/52-mars-2010.php?onglet=en_bref [Stand: 06.11.2010]
Musset, Marie/Thibert, Rémi: http://www.inrp.fr/vst/LettreVST/52-mars-2010.php?onglet=integrale#partie1 [Stand :06.11.2010]
Neumann, Wolfgang: Wie anders ist Frankreich? München 2002.
Neumann, Wolfgang; Veil, Mechthild: Sozialreformen in Frankreich und Deutschland. Gleiche Herausforderungen-
unterschiedliche Antworten? http://www.dfi.de/de/pdf/afa/afa20.pdf [Stand: 06.11.2010]
Pratique.fr (Hrsg.): http://www.pratique.fr/couverture-maladie-universelle-cmu.html [Stand: 04.09.2010]
Santé-médecine (Hrsg.): http://sante-medecine.commentcamarche.net/forum/affich-61-cmu-refuse-par-un-medecin [Stand:
04.09.2010]
Schädler, Johannes/ Albrecht R. S. S.: The Specific Risks of Discrimination Against Persons in Situation of Major
Dependence or with Complex Needs. Report of a European Study Volume 2: Research and Analysis. [Stand: 13.10.2010]
Schild, Joachim/ Uterwedde, Henrik: Frankreich. Politik, Wirtschaft, Gesellschaft. (Lehrbuch, Bd. 19). 2., aktualisierte Aufl.
Wiesbaden 2006.
Schmid Josef: Wohlfahrtsstaaten im Vergleich. Soziale Sicherung in Europa: Organisation Finanzierung, Leistungen und
Probleme. 2. überarbeitete und erweiterte Auflage. Opladen 2002.
Schoefer, Michael : Erklärung der Menschen- und Bürgerrechte :
http://www.michael-schoefer.de/pdf/Erklaerung_der_Menschen_und_Buergerrechte.pdf [Stand: 06.11.2010]
Schubert, Klaus/ Bazant, Ursula/ Hegelich, Simon: Europäische Wohlfahrtssysteme. Ein Handbuch. 1. Auflage Wiesbaden
2008.
Schultheis, Franz: Familien und Politik. Formen wohlfahrtsstaatlicher Regulierung von Familie im deutsch-französischen
Gesellschaftsvergleich. Konstanz 1999.
Stern, Nadine: Familienpolitische Konzepte im Ländervergleich. Sprungbrett oder Stolperstein für erwerbstätige Mütter?
Marburg 2007.
Stowczynski, Gerd: http://www.frankfurt-oder.org/barrierefrei/europapolitik/europakonkret/frankreich.html [Stand: 04.09.2010]
UN (Hrsg.), Human Rights: http://treaties.un.org/Pages/ViewDetails.aspx?src=TREATY&mtdsg_no=IV-
15&chapter=4&lang=en#EndDec%20und%20http://www.un.org/disabilities/countries.asp?id=166 [Stand: 05.11.2010]
United Nations (Hrsg.): http://hdr.undp.org/en/media/HDR_2009_EN_Complete.pdf [Stand: 30.11.2010]
Veil, Mechthild: http://www.zeitschrift-dokumente.de/downloads/artikel/art_06012007.pdf, S.32 [Stand: 25.09.2010]
Vitry, Daniel (Hrsg.): Repères et références statistiques - édition 2009:
http://media.enseignementsup-recherche.gouv.fr/file/2009/19/4/RERS2009_119194.pdf [Stand : 03.09.2010]
WirtschaftsBlatt Digital GmbH (Hrsg.): http://www.wirtschaftsblatt.at/home/zeitung/impressum/index.do [Stand: 04.09.2010]
53

Synopsis for Korea 230
Total population 48 million
People with disability 2009: 2.4 million people with a registered disability.
(1)
Embodied within the Yes, Article 34 (5).
Constitution (2)
Inclusion model (3) Developments through international movement within the Asiatic region,
with consequences on the government level through the creation of new
statutory bases and increased barrier-free access. Developments in
education and training.
Express rights and Welfare Act (WPWDA), Anti Discrimination Act, Employment Promotion
reality (4)
and Vocational Training Act. Only a few people with disabilities are aware
of the statutory rules. The reasons for this are lack of knowledge
regarding statutory provisions plus a distinctive degree of stigmatisation
in society.
State social welfare Five-part social welfare programme. In 2000 introduction of the law on
benefits (5)
guaranteeing a minimal standard of living, temporary measures to
combat unemployment.
Social work providers Ministries have primary responsibility which they delegate to registered
(6)
independent and private providers. Non-registered providers also offer a
diverse range of social services.
Financing forms (7) Social security pays for insured benefits, matching-fund system through
central government and local authorities, government subsidies,
donations and private assets.
Religion (8) Buddhist (43%), Protestant (34%), Catholic (21%), Teachings of
Confucius (0,4%) and Won-Buddhist (0,2%),
Others, Shaman religion and Islam.
Role of the Church (8) Society is permanently influenced by old traditions that define the
approach to religion and day-to-day life. Charitable and diaconic
institutions expressly dedicated to the concerns of people with
disabilities.
Role of informal forms Highly distinctive sense of family, the sense of ‘us’ forms the central
of provision (9) foundation and represents the basis for social welfare. Increasing
modernisation in society is causing a move away from the traditional
family system.
Education (10) Efforts are being made to reduce segregation in the education system.
New statutory rules are being passed. The subject of inclusion is on the
agenda for discussion. Barrier-free forms of education being initiated.
Future prospects (11) Evident signs of progress in social attitudes, these have advanced within
just a few years.
Ratification of the UN Yes, since 2008.
Convention on the
Rights of People with
Disabilities
Monitoring agency Korean National Human Rights Institute.
Gender and disability Women with disabilities are frequently the victim of sexual abuse. The
statutory situation does not give them sufficient protection.
Special strengths Strong cohesion within families. Alternative forms of education available,
these provide for a general school leaving certificate.
230 Note: The figures in brackets indicate the chapter number in the respective country study.
54

Country Study South Korea
Dominique Heyberger
1. Statistics
In South Korea the Institute for Science and Technology (KIST) and the Ministry for Science
and Technology (MOST) collect and evaluate statistical data on social structure and
promotion of healthcare. The country has a total population of approx. 48 million. 231
According to the Ministry for Employment, in 2009 2.4 million (approx. 4.9%) were registered
disabled. 232 Since 1989 people with disabilities have been required to notify their
corresponding citizens’ registration departments. Only a few sufferers comply with this
requirement. 233 This explains the apparent low proportion of 4.9%. It can be assumed that
the actual percentage rate is significantly higher. According to the Economic and Social
Commission of the United Nations, an initiative of the United Nations for the promotion of
inclusion, the largest number of people with disabilities in the world live in the Asiatic and
Pacific regions. 234
The recognised forms of disability are those in line with the classifications of the WHO:
mental disability, sight impairment, hearing impairment and physical impairment. 235 Whilst the
WHO does not include people with alcohol addiction, drug addiction and people with
psychological disorders in the statistics on people with disabilities, in South Korea these are
included as forms of disability depending upon the medical report. 236
2. Constitution
Korea was occupied by Japan during the years from 1910-1945 and in 1945 was partitioned
into South and North Korea. 237 South Korea was actually categorised as a developing
country in the 1950s. Over the last 30 years it has reported a continuous rise in its economic
development. 238 In the HDI ranking South Korea is placed number 26 out of 182 countries
and is one of the highly developed countries included under the category “Very High Human
Development”. 239 The 1948 Constitution has been amended a total of nine time sup to 1987
as a result of political unrest. It is an important signpost along the route towards total
democratisation. The fundamental provisions of the Constitution include the sovereignty of
the people, power sharing, the pursuit of the goal of democratic reunification with North
Korea and the commitment of the state to care for the public wellbeing. Article 10 guarantees
all citizens the right to a dignified life and the right to ‘strive for happiness’. The state gives an
231 KIST=Korean Institut of Science and Technology; MOST=Ministry of Science and Technology;
Vgl.Institut für Wissenschaft und Technologie, In: Korean Culture and Information Service, Ministerium
für Kultur, Sport und Tourismus (Hrsg.) (2009), S.8 und 89
232 Vgl. Ministerium für Gesundheit und Soziales (Hrsg.):
http://stat.mw.go.kr/stat/content/content_view.jsp?menu_code=MN02040000 [Stand: 30.09.2010]
233 Vgl. Kim, Han Ho (2010), S.14
234 Anm.: Diese Kommission unterstützt seit 1993 durch Fünfjahrespläne Aktionen auf politischer
Ebene. Vgl. Economic and Social Commission for Asia and the Pacific (ESCAP): [Stand: 1.10.2010]
235 Vgl. Kwon, Hyunsoo (2005), S.63; Ministerium für Arbeit (노동부 /
한국장애인고용촉진공단고용개발원), Statistik für Menschen mit Behinderung (장애인통계), 2008 S.
34-39; Rhie, Suk-Jeong (2003), S.34
236
Vgl. Kim, Han Ho (2010), S.15
237
Vgl. Nam, Hyun-Wook (1990), S.2
238
Vgl. OECD (Hrsg.) [Stand: 26.08.2010]
239
Vgl. United Nations (Hrsg.), Human Development Report 2009, S.180ff. [Stand: 06.11.2010]
55

undertaking to guarantee the inviolability of human rights. Everyone is equal before the law
and no political, economic, social or cultural discrimination on the grounds of gender, religion
and social status is tolerated. Article 34 (5) stipulates that those who are unable to provide
for their own livelihood as a result of a physical disability, sickness or age, are protected by
the state under the Constitution. 240
3. ‘Inclusion’ Model
Compared with other countries the technical debate on inclusion is still recent. Since the
introduction of the Special Education Act (SEPA) in 1977 special schools have been
expanded. 241 In 1994 an initial foundation stone for inclusion was laid through the revision of
the Act. In 2007 the SEPA was replaced by the ‘Law on Special Education for People with
Disabilities and Similar Problems’. 242 Although up to now children with disabilities are still
primarily being educated on a segregated basis, thanks to the new Law a new era for the
technical debate on education has opened up. 243 A key role in this context is played by the
Korean Institute for Special Education (KISE) which was established by the government. 244
The committed recommendations that were formulated by the governments of the Asiatic
and Pacific regions exert a key influence on the policy for inclusion. The government of
South Korea has since published its third five-year action plan. The United Nations
Convention on the Rights of People with Disabilities (UNCRPD) was signed in 2007 and
ratified in 2008. 245 The Korean National Institute of Human Rights, formed in 2001, was
tasked to carry out the monitoring of the UNCRPD. 246
According to the literature Korean people are considered to be not particularly friendly
towards the disabled. Greater information on the rights and needs of people with disabilities
is being provided through politics and the media in order to raise the awareness of this
subject amongst broad sections of the population. In technical articles experts express
support for this kind of government top-down approach, justifying it on the basis of the
ubiquitous hierarchical structures. These are grounded in the traditional teachings of
Confucius which have consistently shaped the thoughts and actions of the Korean people. 247
The “Independent Living” movement, which was started in 2001, does not want this
responsibility to be left purely to the government but instead wants those affected to exert
greater influence. It is supported by eight members of parliament who are themselves
disabled. 248
240 Vgl. Korean Culture and Information Service Ministerium für Kultur, Sport und Tourismus (Hrsg.)
(2005), S.29f; Tschentscher, Axel [Stand: 19.09.2010]
241 SEPA=Special Education Promotion Act; Vgl. Kwon, Hyunsoo (2005), S.59ff.
242 Vgl. Act on the Special Education for Individuals with Disabilities and the Like; Kwon, Hyunsoo
(2005), S.61; Lee, Ick-Seop, S.4 [Stand: 27.09.2010]
243 Vgl. Kwon, Hyunsoo (2005), S.59ff.
244 KISE=Korean Institute for Special Education; Anm.: 2002 erhielten Lehrkräfte ein Intensivtraining
über Sonderschulerziehung. Vgl. Korean Institute for Special Education (KISE) (Hrsg.) [Stand:
01.10.2010]
245 Vgl. United Nation , Economic for Social Commission for Asia and Pacific (ESCAP) (Hrsg.), S.26;
United Nations (ESCAP) (Hrsg.) [Stand: 1.10.2010]; United Nations (Hrsg.), Treaty Collection [Stand:
27.09.2010]
246 Vgl. Nohyun, Kwak [Stand: 27.09.2010]; Republic of Korea (Hrsg.) [Stand: 7.10.2010]; Korean
Culture and Information Service Ministerium für Kultur, Sport und Tourismus (Hrsg.) (2009), S.49
247 Vgl. Republic of Korea (Hrsg.), Statistics of Korea [Stand: 30.09.2010]; Hyunsoo, Kwon (2005), S.65
248 Vgl. Kwon, Ji-Young [Stand: 04.10.2010]; Interessenvertretung Selbstbestimmt Leben [Stand:
07.10.2010]
56

4. Rights
The Welfare for Persons with Disabilities Act (WPWDA) was passed in 1981 and revised in
1989. It is the most important legislation for people with disabilities. In its 80 articles it
governs the implementation of the basic rights, the legal bases for the medical, social and
vocational rehabilitation and the provisions for registration. 249 Another key piece of legislation
is the Anti Discrimination Act of 2007 which reinforces the ban on discrimination on the
grounds of disability in all areas of life. 250 The Employment Promotion and Vocational
Education Act for People with Disabilities was passed in 1991 and revised in 2000. It led to
the creation of national employment agencies (KEAD) which assist people with disabilities in
getting employment and work aids for the workplace. 251 In 2010 a rule was passed stipulating
that 3% of jobs in the private and public sectors must be allocated to disabled persons. 252
The third five-year plan from 2008 designed to provide support for people with disabilities,
contains specific measures such as the expansion of support programmes, creation of
barrier-free access to public facilities, development of additional welfare centres, promotion
of training centres and financial support for employers in order to create barrier-free jobs. 253
There are numerous laws aimed at people with disabilities which have no discernable effect
in day-to-day life. The main reasons for this are the lack of knowledge about these
entitlements to rights and services as well as stigmatisation by society, making it more
difficult for those concerned to assert their rights. 254 People with disabilities are denied
feelings, needs and participation; many do not claim their benefits so they can keep their
disabilities secret. Women with disabilities are at additional risk since sexual harassment is
accepted as a matter of course and little attention is paid to this in institutions and within
families. 255 On the government side there is a shortage of social welfare services to provide
satisfactory cover for the medical, psychiatric, educational and therapeutic areas. There are
few opportunities for work and training for people with disabilities. Up to now barrier-free
access has not been widely implemented. 256
5. Social Welfare Benefits
The development of social welfare in South Korea had its beginnings in 1961. The military
government (also called the Park Government) which came to power in 1961 as a result of a
military coup, announced a promise to fight poverty. It set economic growth as the overriding
objective and attempted to ‘crank up’ the process of industrialisation in the country. Most of
the promises to develop a welfare system were not realised and at the end of the 1960s the
policy on social welfare stagnated whilst the economy developed rapidly. 257 Insurances were
249
WPWDA=Welfare for Person with Disabilities Act; Vgl. Ministry of Health and Welfare Republic of
Korea [Stand: 27.09.2010]
250
Disability Discrimination and Remedies Act; Vgl. Lee, Ick-Seop [Stand: 27.09.2010]
251
KEAD=Korean Employment Agency for the Disabled (KEAD) [Stand: 30.09.2010]
Act Employment Promotion and Vocational of Persons with Disability Act; Vgl. Korean Employment
Agency for the Disabled (Hrsg.), Work together Happy together, [Stand: 30.09.2010]
252
Vgl. United Nations, Economic for Social Commission for Asia and Pacific (ESCAP) (Hrsg.), S.26
253
Vgl. Korean Culture and Information Service Ministerium für Kultur, Sport und Tourismus
(Hrsg.)(2005), S.91f.; Vgl. Ministerium für Gesundheit und Soziales (Hrsg.) [Stand: 30.09.2010]
254
Vgl. Kim, Han Ho (2010), S.9ff; Hyunsoo, Kwon (2005), S.62
255
Vgl. Asian Correspondent (Hrsg.) [Stand: 01.10.2010]
256
Vgl. Kim, Han Ho (2010), S.11 und S.15; Kwon, Ji-young [Stand: 4.10.2010]
257 Vgl. Shim, Seong-Jie (2001), S.1 und 83
57

gradually introduced, together creating a comprehensive system of social welfare comprising
insurance for accidents at work (1964), sickness insurance (since 1977), state pension (since
1988), unemployment insurance (since 1995) and nursing care insurance (2008). Initially the
pension system included employees in larger companies. In 1992 it was widened to cover
employees in smaller companies. In 1999 a pension system was introduced for employees
and the self-employed working in agriculture. Life expectancy has increased sharply since
1960. Whilst in 1960 just 3% of the population was over the age of 65, in 2002 this was
nearly 8%. As a consequence, nursing care insurance for people from the age of 65 was
introduced in 2008. 258 Since the economic crisis in 1997 and the resultant mass layoffs, the
social support system has been expanded. It began as a social assistance system which was
enshrined in law with the Guaranteed Minimum Standard of Living Act in 1999 and came into
force in 2000. This Act offers support for people aged between 18 and 65 who are not in
gainful employment and is aimed at encouraging self-help to those amongst them who are
able to work. An additional programme introduced by the Ministry of Government
Administration to combat unemployment is entitled ‘Work in the Public Sector’. It initially
excluded people with disabilities. These have been included since 1998. 259
6. Social Work Providers
The programme entitled ‘Work in the Public Sector’ is the responsibility of the ministries that
entrust the local authorities with the task of implementation. To deal with the limited number
of jobs in the programme committees were set up within the local authority administrations,
holding monthly meetings to discuss requirements for participation, current promotion
campaigns and pay levels. 260
There are numerous organisations which are organised into associations for independent
and private welfare provision. Prior to 1998 political activities of associations in the form of
civil society organisations, such as trade unions, were forbidden by the government and
frequently resulted in termination of contracts of employment or even arrest. Since 1998
trade unions have been permitted to legally participate in political discussions, encouraged
by, amongst others, the Trade Union Advisory Committee of the OECD and ILO. Following
the lifting of the ban on political contributions for trade unions, since 1998 women’s
organisations have been calling for the right to be politically active. 261 Between 2000 and
2003 the number of organisations for the disabled grew from five to fifteen. The various
organisations offer different social services. 262 Centres of the Independent Living movement,
which is primarily privately funded, are located in many areas. 263 In 2007 there were 45
parents’ organisations offering legal assistance on a voluntary basis and conducting
awareness campaigns. 264
258 Vgl. Park, Susie (2008), S.176; Jung, Jae-Hoon (2010)
259 Vgl. Park, Susie (2008), S.185f.
260 Anm.: Im Jahr 1998 wurden als ‚öffentliche Arbeiten‘ beispielsweise Müll-Recyclingsmaßnahmen
des Ministeriums für Umwelt und Autobahn-Renovierungsmaßnahmen des Ministeriums für Aufbau
und Transport durchgeführt. Vgl. Park, Susie (2008), S.185
261 Vgl. Schubert (1999), S.503ff
262 Vgl. Ministerium für Gesundheit und Soziales (Hrsg.) [Stand: 03.10.2010]; Jung, Jae-Hoon (2010)
263 Vgl. Kwon, Ji-Young [Stand: 04.10.2010]
58

7. Forms of Financing
The individual social security insurances provide the benefits for those people who are
employed, liable to social security payments and have paid contributions. Employees
involved in the activities of the ‘Work in the Public Sector’ programme are counted as
workers on daily rates. They are not covered by the social security insurance. 265 These
measures are half funded by the central government and half by the local authorities on the
basis of the matching-fund system. The purpose of this structure is to provide
complementary funding for cultural institutions and NGOs. There is an inextricable link
between the offer of public funds and a specific level of private funds. The aim is to increase
the private financing for culture and to simultaneously reduce the burden on the public
sector. 266
NGOs that offer social services normally receive 50% grants from the state. They cover the
remaining expenditure through donations and private assets. These government grants to
NGOs have quadrupled between 1992 and 2006. The social welfare system that was
established in 2000 exempts those in need from paying for social services. Individuals and
families that do not receive any social assistance pay for various social services both for
themselves and their dependants. The costs are frequently too high, with the result that
families on average incomes are often unable to take advantage of social service
offerings. 267
In 2007 nearly 4 billion Won (approx 2.5 million Euros) of government funding was invested
measures providing barrier-free access. These payments have steadily increased since
1998. People with disabilities and in gainful employment are able to benefit the most from
government support payments as these are primarily carried out in the form of wage
subsidies. In 2008 the total aid budget for people with disabilities was 3.2 billion Won
(approx. 2 million Euros). 268
8. Church and Religious Motivation
In present day South Korea the old tradition lives side-by-side with all the world’s religions
and many newly created religious organisations from home and abroad. The total precise
number of these organisations is unknown. The religions that have the most permanent
influence on the people are the teaching of Confucius, the Shamanism, Buddhism and
Christianity. What is significant is that in the past the teachings of Confucius and Buddhism
were elevated to state religions and the people were expected to follow a lifestyle ordered by
the state. 269 Religious and political functions were closely linked. At the end of the 1960s the
process of industrialisation and social change triggered significant concerns and a sense of
internal dislocation amongst the population. The old Korean tradition experienced a culture
shock from the new Western civilisation. 270 Many of the people sought comfort in the various
religions. During this period in which there was a lack of direction the ministries of Christian
theologians offered the people a choice of community life. The Christian religions acted as
264 Ministerium für Gesundheit und Soziales (Hrsg.) [Stand: 30.09.2010]
265 Vgl. Park, Susie (2008), S.187
266 Vgl. Görsch, Markus (2001), S.170
267 Vgl. Jung, Jae-Hoon (2010); Kim, Han Ho (2010), S.32
268 Vgl. Ministerium für Gesundheit und Soziales (Hrsg.) [Stand: 19.11.2010]; Ministerium für Arbeit,
2008 Statistik für Menschen mit Behinderung, S.110, 116, 127, 130, 145 (Üb. von You, Eun Cho)
269 Vgl. Korean Culture and Information Service Ministerium für Kultur, Sport und Tourismus (Hrsg.)
(2009), S.188; Kim, Han Ho (2010), S.14
59

intermediaries between the Western cultures and traditional Korea. The importance of the old
traditions waned and the number of new faiths increased. 271 The mixture of new, modern
ideas and old tradition is the characteristic feature of present day Korea’s multicultural and
multi-religious situation. A survey by the Korean National Statistical Office from 2005 shows
that the affiliation with the various religions is divided as follows: half the population actively
practises a religion. Within these religiously active groups the dominant religions are
Buddhism with 43%, Protestantism with 34% and Catholicism with 21%. The teachings of
Confucius, Won Buddhism, Shamanism and Islam are practised by a total of 2% of the
population. Notwithstanding the small percentage of those who are categorised as active
believers in the old traditions, the old tradition still shapes religious thinking today. This
extends throughout all Korean communities and leads to a certain piety in the respective
various social and cultural contexts leads. To feel Buddhist or Taoist when it comes to
philosophy, to follow the teachings of Confucius when dealing with family matters moral
behaviour and to be shamanistic in the face of danger is considered the epitome of being a
Korean. 272
The belief that those who do good will experience good in the next life and those that do bad
will experience bad in the next life is deeply rooted. This gives rise to a view that people with
disabilities and their families are personally responsible for their fate. In Korea there are
Caritas and Diakonie institutions that are dedicated to the concerns of people with
disabilities. They are committed to equality as well as medical, educational and social
provision. There are also Buddhist organisations that offer social services such as for
example the Chogweong or the Cheontaegong. Analyses on the importance of the Diakonie
in South Korea indicate that at this point in time the emphasis is on the diaconic approach,
whereas spiritual welfare activities of the organisations structured along religious lines tend
to be minimal. 273
9. Informal Forms of Provision
The ‘sense of we’ represents a central basis in the overall family system. As such, the
success of one member of the family simultaneously means success for the whole family as
the individual has achieved this thanks to the support of the family. This is due to the very
distinctive solidarity between the family members and the group approach which puts the
family before the individual. The family represents the basis for social security. The term
family (‘Ka’ in Korean) remains influenced by traditional values of the teachings of Confucius.
In the relational system a distinction is drawn between the maternal and paternal relatives.
As such, more individuals are counted as relatives on the paternal side than on the material
side. Order through obedience to one’s elders runs through all interpersonal relationships.
The traditional allocation of roles between the genders requires obedience on the part of the
wife to the husband, assigning responsibility for the financial side to the husband and
responsibility for the household activities and relationships to the wife. ‘Ka’ includes the living
space, the living members of the family including relations, the deceased forefathers and
future children. ‘Ka’ forms a self-contained social unit. The family is more than just the
270
Vgl. An, Byong-Ro, S.6 [Stand: 06.11.2010]
271
Korean Culture and Information Service, Ministerium für Kultur, Sport und Tourismus (Hrsg.)
(2005), S.161
272
Vgl. Korean Culture and Information Service (Hrsg.) (2005), S.161-189; An, Byong-Ro [Stand:
06.11.2010]
273
Vgl. Kim, Han Ho (2010), S.41, 62 und 237; Caritas Corea [Stand: 03.10.2010]; Jung, Jae-Hoon
(2010)
60

primary social group, it represents a requirement that must be fulfilled and maintained in itself
and for other members of the family. The number and the size of the multi-generation homes
is decreasing as a result of economic changes. The reduction is taking place particularly in
the country where the increase in the number of single generation households, particularly
amongst the older generation who remained alone in the villages after the children had
left. 274
Of the people with disabilities registered in 2005, nearly 98% lived at home and 2% in an
institution. 275 The widespread negative attitude towards people with disabilities is creating
additional pressure and feelings of guilt amongst the families concerned. 276 Because of a
lack of government support families are often left to their own devices. 277 The increasing
modernisation of society and the associated move away from the traditional way of life is
resulting in the small family having to increasingly cope with internal family difficulties and
financial burdens by itself. This in turn is leading to the increasing isolation of families with
disabled dependants. 278
10. Education
Under Article 31 of the 1948 Educational Act, all schoolchildren have the right to equal
access to education, independently of their abilities and situations in which they find
themselves. Prior to primary school some children attend nursery schools for which payment
is required. Since 1999 families on low incomes have been able to get the costs for their fiveyear
old child refunded. Since 2004 additional grants have been available for younger
children. 279 Primary school begins at the age of eight. 280 The education system covers a total
of six years primary school, three years middle school, three years upper school and four
years in higher education. Attendance at primary and middle school is compulsory and
designed to be free. 281 School leaving certificates from upper school are a prerequisite for
gaining entry into higher education. To enter into higher education students have to pass a
standardised state qualification examination followed by an entry exam for higher education.
Increasing use is being made of private institutions that provide preparatory help. Amongst
the universities there are wide differences in reputations. Government rankings play a major
role. The greater the reputation of the higher education of the further education institution the
greater the chances in the labour market.
In 1890 the first educational programmes for children with disabilities were implemented by
Western missionaries. Prior to then, children with a disability were raised and taught
274 Vgl. Kim, Anna (2001), S.95ff; Jung, Young-Tae; Shin, Dong –Myeon, S. 276 [Stand: 03.10.2010]
275 Vgl. Ministerium für Arbeit 2008, S.33, 39 und 47 (Üb. von You, Eun Cho)
276 Anm.: Die Schuldgefühle gründen im Glauben, dass ein Mensch mit Behinderung eine Bestrafung
für die ganze Familie sei. Kindern mit Behinderung wird oftmals der Umgang mit anderen verboten
und es wird versucht, die eigene Umgebung vor Menschen mit Behinderung zu schützen. Kim, Han
Ho (2010), S.29
277 Anm.: Ist eine behinderte Person in der Familie, so leisten oft Geschwister, Onkels, Tanten und
Cousinen finanzielle Zuschüsse, um die finanzielle Lage der Familie zu sichern. Vgl. Ministerium für
Arbeit 2008, S. 149ff, S.160 und 165 (Üb. von You, Eun Cho)
278 Vgl. Kim, Han Ho (2010), S.10, 20 und 29
279 Vgl. Kwon, Hyunsoo (2005), S.59f; Korean Culture and Information Service Ministerium für Kultur,
Sport und Tourismus (Hrsg.) (2005), S.98 und (2009) S.124;
280 Anm.: Kinder in Europa sind bei ihrer Geburt 0 Jahre, in Südkorea ein Jahr alt. Alle Menschen
bekommen immer am 1. Januar ein weiteres Lebensjahr hinzugerechnet. You, Eun Cho (03.08.2010)
281 Vgl. Korean Culture and Information Service Ministerium für Kultur, Sport und Tourismus (Hrsg.)
(2009), S.124; Kim, Anna (2001), S.90f.
61

exclusively by their parents. Since the introduction of the Education Act in 1948 children with
disabilities have primarily been taught in private special schools. 282 Today there are three
different forms of schooling in which children and young people with disabilities are taught:
special schools, special classes in mainstream schools and teaching in mainstream school
classes. In 2007 66,000 pupils with a disability received targeted support. 23,000 of them
attended a special school and 43,000 received teaching in special classes at mainstream,
general education schools. It is not known how many of those receiving support were
included in mainstream teaching.
Since 2007 there have been 144 special schools for children with disabilities. 89 of these
were for children with learning difficulties, 18 for children with physical disabilities, twelve for
children with sight impairments and seven for children with a psychological disorder.
According to the Ministry for Culture, Sport and Tourism there is growing awareness of the
needs for people with disabilities and consequently an increase in the efforts in mainstream
schools towards achieving integration. This means an increase in staff with specialist
educational training at mainstream schools. The government would also like to encourage
the building of schools in hospitals so that children with chronic health problems can receive
regular teaching. An education offering of 16 hours a day which is provided via the open
university broadcasters and the television station KNOU-TV offers nationwide education via
the Internet, cable TV, radio, video and audio recordings. The participation by the students is
reviewed through online courses. Students who achieve the stipulated number of points are
awarded the same certificate as at general further education institutions. The establishment
of a State Institute for Special Schools in 1994, responsible for research into the area of
education in special schools, is intended to help enhance the quality of the educational
offerings and raise the level of awareness for the needs of people with disabilities. 283
11. Prospects
The society is still going through a process of adaptation which is being made more difficult
in two ways. On the one side as a result of the problems that exist through the partitioning of
the country, on the other by the radical social change as a result of the rapid industrialisation
and process of urbanisation. Successes are set out in the reports on the ‘five-year plans’.
According to these sources the state grants for organisations catering for disabled people
have been increased. Improvements have been achieved in particular for women with
disabilities. As such, in 2001 eleven advice centres and three emergency housing centres
were set up for women with disabilities who have suffered sexual abuse. 284 Plans were also
drawn up for campaign work which is intended to draw attention to sexual violence against
women with disabilities and to strengthen the protection against these attacks. 285 The
continual increase in the state budget for social welfare benefits and education for people
with disabilities indicates that the government is placing priority on these areas. There are
clear signs of progress in the action on the social front as a result of amongst other things the
282
Vgl. Kwon, Hyunsoo (2005), S.60
283
Vgl. Korean Culture and Information Service Ministerium für Kultur, Sport und Tourismus (Hrsg.)
(2009), S.129
284
Anm.: Frauen können dort bis zu neun Monaten leben. Anschließend müssen sie wieder zu ihren
Familien oder in die Institutionen zurück. Die Täterinnen und Täter werden mit sechs Monaten
Gefängnis bestraft. Vgl. Asian Correspondent (Hrsg.) [Stand: 01.10.2010] und Ji-young, Kwon [Stand:
04.10.2010]
285
Vgl. Ministerium für Gesundheit und Soziales (Hrsg.) [Stand: 30.09.2010]
62

“Independent Living” movement which has expanded within just a few years. The
establishment of the Human Rights Commission, with the express mandate to monitor the
UNCRPD, goes hand in hand with the continuing democratisation of society. State offerings
and increasing self-confidence amongst the people prompted parents of disabled children
and sufferers to increasingly take advantage of the help offered. 286
12. Case Study
Na-Young suffered meningitis in infancy. She is physically and hearing disabled and has
speech and sight impairments.
Infancy
Whilst Na-Young is still in hospital the whole family gathers in order to discuss the family’s
situation. Her parents receive financial support from the numerous family members in order
to pay the hospital bills. The father’s social security insurance also meets some of the costs
incurred. 287 Na-Young’s parents receive the assurance from the family that they will help
them, this makes Na-Young’s parents feel supported and secure. Na-Young spends a lot of
time with her family. Her parents rarely go away with her as they are very worried about what
the neighbours will think about their daughter and the family. They get the feeling that they
receive less respect from those people in their environment who have met Na-Young. 288
They aren’t aware that the family would be entitled to state benefits. Na-Young’s whole family
repeatedly asks itself who is responsible for Na-Young’s disability and what they have done
wrong.
Childhood
Since there are few offerings for early child development and it is not usual for children with a
disability to attend nursery school, Na-Young spends a great deal of time within her family. 289
She feels a sense of contact with the cousins who often visit Na-Young.
School
At the age of eight Na-Young should be going to primary school. In the state special school
located in her village and at which Na-Young should get a free place, all the places are taken
and the next nearest special school is some distance away. Na-Young’s family consider
whether to send her to a mainstream school. The parents’ wish is rejected by the teachers.
The reason they give for this is that the parents of the other children would not wish their
children to come into contact with her and the teachers do not see any chance of their being
able to give support to Na-Young in the class. 290 So Na-Young initially remains at home. Her
father thinks about how this problem of the shortage of school places can be solved.
Together with her family he makes the decision to look for a job in Seoul. In this way he
expects to gain a place at school for his daughter. The extended family supports Na-Young
286
Vgl. Schubert, Gunter (1999), S.506; RI Korea (Hrsg.) [Stand: 07.10.2010]; Kim, Han Ho (2010)
S.19f.
287
Anm.: Die Krankenkassen übernehmen nicht die vollen Kosten. Die Betroffen müssen in der Regel
30 bis 55 % der Kosten selbst tragen. Vgl. Radio Korea International (Hrsg.) [Stand 03.10.2010]
288
Vgl. Kim, Han Ho (2010), S.10
289
Anm.: Integrative Kindergärten scheitern häufig an der Ablehnung der Eltern von nichtbehinderten
Kindern. Vgl. Kim, Han Ho (2010), S.241
290
Anm.: An den Sonderschulen haben rund 70% der Lehrkräfte eine Sonderpädagogikausbildung.
An den allgemeinen Schulen fehlt es an Fachkräften für Kinder mit Behinderung. Vgl. Kim, Han Ho
(2010), S.25
63

and the mother whilst the father looks for work and a place to live. It takes a while before Na-
Young and her mother are able to move to Seoul. At the age of nine Na-Young is accepted
at a mainstream school. Since Na-Young’s parents have not yet registered with the
Residents’ Office Na-Young receives no assistance. Her parents hope that Na-Young will be
able to cope with the demands at school. Since Na-Young gets poor grades her parents are
concerned about their daughter and disappointed with the results. That makes Na-Young sad
and she doesn’t know how to make her parents proud. She feels lonely and misses her
cousins. She hasn’t found any friends and wants to return home to her family. 291 The teacher
at the school contacts her parents and informs them about a parents’ organisation which Na-
Young’s parents contact. They need a lot of advice and have many questions which the
organisation answers. They are unsure about whether they should register their daughter as
disabled since they are concerned that this would reduce Na-Young’s future opportunities. 292
Nevertheless, they do register Na-Young so she receives support at school. Since then Na-
Young’s grades at school have improved. She studies agriculture at the upper school and at
the age of 19 passes her agriculture exam at the upper school.
Leisure
To prevent Na-Young being on her own all the time her parents have decided to take the
advice of the parents’ organisation and to send their daughter to the youth sports association
for the disabled. However, the costs are too high for Na-Young’s parents and she is only able
to spend a short time there. Whilst she is there she gets to know Chong and immediately
starts to meet him more frequently. Since gaining her experience in the sports association
Na-Young is very interested in the Korean Paralympics team.
Transition to working life and young adulthood
Na-Young has learned that there are careers for which training is provided particularly for
people with disabilities. However, Na-Young is not interested in these. She looks for a job in
agriculture, but without success. 293 She then turns to the employment agency and hopes for
the possibility of temporary employment. Since Na-Young regularly follows the Paralympics
her attention is drawn to the sponsored Abilympics which take place in the Olympic Stadium
in Seoul. She is extremely keen on taking part in this job competition for people with
disabilities and tells her parents and Chong about it. She registers for the flower arranging
competition and trains intensely. 294 Na-Young’s parents want to return to their family as the
grandparents are not well and the parents have never felt at home in the major city. Na-
Young doesn’t want to leave Chong and tells her parents that she wants to stay in the city.
Na-Young’s parents reject their daughter’s decision as they don’t know how she expects to
live on her own in the city. Since Na-Young’s parents are preparing for the move Na-Young
looks for a way of staying in the city. Since Chong also doesn’t have a job Na-Young can’t
move in with him. He lives with his parents. They contact the parents’ organisation where
291
Anm.: Es ist selten, dass behinderte und nicht behinderte Menschen Kontakt haben. Es kommt zu
Gegendemonstrationen wenn Behinderteneinrichtungen gebaut werden. Vgl.Kim, Han Ho (2010),
S.32
292
Anm.: Seit 1988 besteht in Korea Meldepflicht auf den Einwohnermeldeämtern für Menschen mit
Behinderung. Nur wenige Menschen kommen dieser Aufforderung nach. Vgl. Kim, Han Ho (2010)
S.13f.
293
Anm.: Menschen mit Behinderung stehen nur ein kleines Angebot an Arbeitsstellen zur Verfügung.
Vgl. Kim, Han Ho (2010), S.17
294
Vgl. Korea Employment Agency for the Disabled (Hrsg.), 8th International Abilympics Seoul 2011
[Stand: 07.10.2010]
64

they learn about care homes. They are also informed that these are either too expensive or
are not registered and are extremely dubious. 295 Na-Young consequently moves back with
her parents to her village of origin. Since she no longer sees Chong Na-Young is distraught.
After a lot of persuasion her parents travel with her to Seoul so she can take part in the
Abilympics. She doesn’t win any prize but at the event she is approached by a company
wanting to offer her a job. However, the salary would not be sufficient for her to live in a
registered home and she does not feel confident in living on her own. Chong tells Na-Young
about the “Independent Living” Center where they can live together with other people with
disabilities and give each other support. Unfortunately, there are no free spaces at this point
in time. Na-Young remains with her parents in the country.
Adulthood
All her cousins have since built a family. Na-Young often feels lonely, she remains in close
touch with Chong through regular contact via the Internet. From time to time she is able to
find temporary work through the ‘Work in the Public Sector’ programme. She does not earn
much and her family can only contribute a little money. When Na-Young reaches the age of
40 and her parents begin to get frail, her family starts to consider where Na-Young should
live in future when her parents become too frail. Na-Young’s dream of some day having a
joint future with Chong becomes increasingly unlikely. One day Chong tells her that he has
found out that there is a possibility of moving into an “Independent Living” Center. Na-Young
gathers all her courage and confronts her family with her decision. Despite the family’s
objections and prejudices Na-Young takes advantage of this opportunity. She meets together
with Chong and they move into the Center. Na-Young finds it difficult to live without her
family but at the same time is grateful for this opportunity. Her family helps her to meet the
costs for the Center. Thanks to the help of other people in the Center there are repeated
opportunities for work. Na-Young also applies for government pay grants as her salary is
below the average income.
Old age
As Na-Young gets older her care needs increase. She finds the task of coping with her duties
in the “Independent Living” Center increasingly difficult and feels it has become too much. At
the age of almost 60 Na-Young returns to her niece in the country. To do this she also has to
leave Chong who initially remains at the Center. When Na-Young has a heart attack at the
age of 65 she dies shortly afterwards.
Quellenverzeichnis
An, Byong-Ro: http://web.uni-frankfurt.de/irenik/relkultur54.pdf [Stand: 06.11.2010]
Asian Correspondent (Hrsg.): http://asiancorrespondent.com/korea-beat/-p-3481 [Stand: 01.10.2010]
Caritas Korea (Hrsg.): http://www.caritas.org/worldmap/asia/korea.html [Stand: 03.10.2010]
Görsch, Markus: Komplementäre Kulturfinanzierung. Das Zusammenwirken von staatlichen und privaten Zuwendungen bei
der Finanzierung von Kunst und Kultur. (dissertation.de, Bd. 430). Als Ms. gedr. Berlin 2001.
Economic and Social Commission for Asia and the Pacific (ESCAP):
http://www.unescap.org/esid/psis/disability/decade/index.asp [Stand: 01.10.2010]
Interessenvertretung Selbstbestimmt Leben e.V. (Hrsg.): http://www.isl-ev.de/de/aktuelles/nachrichten/662-koreanischeregierung-unterstuetzt-independent-living
[Stand: 07.10.2010]
Jung, Young-Tae; Shin, Dong –Myeon: http://library.fes.de/pdf-files/iez/01443008.pdf [Stand: 03.10.2010]
Jung, Jae-Hoon: Interview mit einem Professor aus Korea am 30.09.2010
Kim, Anna: Familie und soziale Netzwerke. Eine komparative Analyse persönlicher Beziehungen in Deutschland und
Südkorea. (Forschung Soziologie, Bd. 114). Opladen 2001.
295
Anm.: Es existieren illegale Pflegeheime, die einen niedrigen Preis verlangen. In Wirklichkeit
werden nach Einzug soziale Leistungen eingezogen, Missbrauch und Misshandlungen sind dort nicht
ungewöhnlich. Die Bewohner und Bewohnerinnen sind oft hilflos ausgeliefert. Vgl. Ji-young, Kwon
[Stand: 04.10.2010]
65

Kim, Han-Ho: Beziehungen förderlich gestalten. Eine diakoniewissenschaftliche Vergleichs-Studie zur Arbeit mit Behinderten in
südkoreanischen und in deutschen Kirchen und Gemeinden. (Kirchen in der Weltgesellschaft, Bd. 4). Berlin 2010.
Korean Culture and Information Service Ministerium für Kultur, Sport und Tourismus (Hrsg.): Tatsachen über Korea
(2005) [Facts About Korea – German]. Seoul, Republik Korea 2005
Korean Culture and Information Service Ministerium für Kultur, Sport und Tourismus (Hrsg.): Tatsachen über Korea
(2009) [Facts About Korea - German]. Seoul, Republik Korea 2009
Korean Institute for Special Education (KISE) (Hrsg.): http://www.edb.utexas.edu/ATLab/events/KISE2002.php [Stand:
01.10.2010]
Korean Employment Agency for the Disabled (KEAD) (Hrsg.): https://kepad.or.kr/index_e.html [Stand: 30.09.2010]
Korean Employment Agency for the Disabled (KEAD) (Hrsg.): Work together Happy together,
https://www.kead.or.kr/english/etc/publication_view.jsp?no=36 [Stand: 30.09.2010]
Korean Employment Agency for the Disabled, 8th International Abilympics Seoul 2011 Organizing Committee:
http://www.ia2011.org/english/enContent.do [Stand: 07.10.2010]
Kwon, Hyunsoo: 'Inclusion in South Korea: The current situation and future directions', International Journal of Disability,
Development and Education, 52: 1, 59 — 68, Seoul Korea 2005
Kwon, Ji-young, Independent Living Institute: http://www.independentliving.org/docs7/ji-young2005019.html [Stand:
04.10.2010]
Lee, Ick-Seop: http://www.unescap.org/esid/psis/meetings/EGM_CRP_2009/Korea_ppt.pdf [Stand: 27.09.2010]
Ministerium für Arbeit (노동부 / 한국장애인고용촉진공단 고용개발원 ) Statistik für Menschen mit Behinderung
(장애인통계),2008, S.34-39
Ministry of Health and Welfare Republic of Korea: http://www.dredf.org/international/Korea1.html [Stand: 27.09.2010]
Ministerium für Gesundheit und Soziales: http://www.worldenable.net/bmf5/paperkorea.htm [Stand: 30.09.2010]
Nam, Hyun-Wook: Die Politik und das Verwaltungssystem im Bereich der Wohlfahrt eines geteilten Landes, Heidelberg, Univ.
1990
Nohyun, Kwak: http://korea.ahrchk.net/english/mainfile.php/solitary/2/ [Stand: 27.09.2010]
OECD (Hrsg.): www.oecd.org/els/social/expenditure [Stand: 26.08.2010]
Park, Susie: Anforderungen und Wirklichkeit der "qualifizierenden Beschäftigung" im Spannungsfeld der Arbeitslosen- und
Sozialhilfepolitik. Deutsche "Hilfe zur Arbeit" und südkoreanische "Hilfe zur Selbsthilfe". 1. Aufl. Stuttgart 2008.
Republic of Korea (Hrsg.): http://www2.ohchr.org/english/issues/disability/docs/RepOfKorea.pdf [Stand: 07.10.2010]
Republic of Korea (Hrsg.), STATISTICS KOREA:
http://kostat.go.kr/eboard_faq/BoardAction.do?method=view&board_id=106&seq=280&num=280&parent_num=0&page=1&sdat
e=&edate=&search_mode=&keyword=&position=&catgrp=eng2009&catid1=g01&catid2=g01b&catid3=g01bi&catid4 [Stand:
30.09.2010]
Radio Korea International (Hrsg.) ;15.04.2000 und 03.06.2000: http://www.willi-stengel.de/Gesundheitswesen_in_korea.htm
[Stand 03.10.2010]
RI Korea (Hrsg.): http://rikorea.freeget.net/board.php?db=apnews&mode=view&idx=33&page=1 [Stand: 07.10.2010]
Rhie, Suk-Jeong: Lernen von Menschen mit schwerer Behinderung im interkulturellen Kontext. 1. Aufl. Aachen 2003.
Schubert, Gunter: Menschenrechte in Ostasien. In: @Menschenrechte in Ostasien, Gunter Schubert (Hrsg.), 6. Jg. 1999.
Shim, Seong-Jie: Entstehung des Wohlfahrtsstaates in nachholendem Industrialisierungsland. (SoziologieBd. 36). Münster
2001.
Tschentscher, Axel: http://www.servat.unibe.ch/icl/ks00000_.html [Stand: 19.09.2010]
United Nations (Hrsg.), Treaty Collection: http://treaties.un.org/Pages/ViewDetails.aspx?src=TREATY&mtdsg_no=IV-
15&chapter=4&lang=en#EndDec%20und%20http://www.un.org/disabilities/countries.asp?id=166 [Stand: 27.09.2010]
United Nations, Economic for Social Commission for Asia and Pacific (ESCAP) (Hrsg.): Disability at a Glance 2009: a
Profile of 36 Countries and Areas in Asia and the Pacific, Bangkok, Thailand 2009
United Nations (Hrsg.): Human Development Report 2009: http://hdr.undp.org/en/media/HDR_2009_EN_Complete.pdf
[Stand: 06.11.2010]
United Nations (Hrsg.) (ESCAP): http://www.unescap.org/esid/psis/disability/decade/index.asp [Stand: 01.10.2010]
66

Synopsis of Romania 296
Total population 21.5 million
People with disability 2010: 687,000 people are registered disabled.
(1)
Embodied within the Yes, Article 46/1991 and Article 50/2003.
Constitution (2)
Inclusion model (3) European convention ratified, government action plans have been
formulated. The aim is to create suitable jobs on the labour market.
Express rights and Numerous separate legal texts, very difficult for sufferers to understand.
reality (4)
Implementation proving difficult as there is a lack of contact persons to
inform sufferers and their families.
State social welfare Insufficiently developed social security system. Underfinanced for
benefits (5)
economic reasons. Attempts made to guarantee minimum subsistence
level.
Social work providers Public providers exist. The majority of the practical help comes from by
(6)
religious providers and NGO’s from Western Europe.
Financing forms (7) Funds from government or local authority budgets, donations, own
income, sponsors or material donations from home and abroad.
Religion (8) Orthodox faith (87%), Catholic (5%), Protestant (3%), Others (4,8%),
None (0,2%).
Role of the Church (8) Church extremely important in providing help for the disabled and in the
area of social welfare.
Role of informal forms Family of origin seen as providing security for care needs.
of provision (9)
Education (10) Compulsory schooling for all children. According to the report from the
government virtually all children with a disability attend a special school.
Due to the lack of information being provided on the entitlement to rights
and obstructive attitude of teachers results in exclusion from education
and exemption from compulsory schooling.
Future prospects (11) No visible short-term prospects for improving barrier-free access and
ensuring basic security in all areas of life. Continuing, strong stigmatism
within society.
Ratification of the UN No.
Convention on the
Rights of People with
Disabilities
Monitoring agency None.
Gender and disability In the vast majority of cases it is the mothers who are responsible for
provision and care for family members with a disability, making the
situation precarious.
Special strengths Strong family ties. There are a number of explicit national laws for people
with disabilities.
296 Note.: The figures in brackets indicate the chapter number in the respective national study.
67

Country Study Romania
Edith Stein-Stan
1. Statistics
In Romania the National Institute of Statistics, the Ministry of Employment and Families and
the National Authority for People with Disabilities (ANPH) collects, collates and evaluates
information on the economy, society and the environment. In conjunction with the data from
EUROSTAT it provides a good overview of the forms and frequency of disabilities. According
to a national census from the year 2002 the country has a total population of 21 million, of
which 627,000 adults and 60,000 children are registered as disabled based on current
estimates by the ANPH from the year 2010. 297 According to the Mental Disability Report
allowance must also be made for the fact that there are a considerable number of people
who have no documents and were not included in the statistics. According to a study by
Unicef from the year 2005 this represents several thousand children with disabilities. 298 In the
country’s official publications a distinction is drawn between the following types of disability:
physical, somatic, hearing, visual, mental, psychological and multiple disability. These
classifications, as well as the definition of disability, follow the international WHO
classification. By contrast to the WHO, HIV / Aids and rare diseases are also classed as a
form of disability. 299
2. Constitution
Prior to the Revolution in 1989 Romania was a dictatorship. Democracy was introduced in
1990. The Constitution, passed in 1991, was revised in 2004. In accordance with Article 1
Romania is a social and democratic state governed by the rule of law in which the most
important values are the dignity of the individual, the free development of individuality, justice
and political pluralism and are guaranteed. Article 46/1991 stipulates ‘protection for people
with disabilities’. Article 50/2003, which governs the national responsibility for the
implementation of equal opportunity, preventive measures and treatment, is intended to
guarantee that people with disabilities really can take an active part in the life of the
community. 300 In the scale of the Human Development Index (HDI) from the year 2009,
Romania has a mid table position at number 63 out of 182 countries. It is placed in the ‘High
Human Development’ category. 301
3. Inclusion model
The United Nations Convention on the Rights of People with Disabilities (UNCRPD) was
signed in 2007 but has not been ratified to-date. 302 In Brussels Romania signed the Joint
297
See ANPH=Autoritatea Nationala pentru Persoanele cu Handicap, Date statistice la 31 martie
2010 [Status as at: 09.09.2010]
298
Note: The state has an obligation to issue documents for children stating the child’s family of origin
or whether the child remains in the care of the state. In this case the Manager of the home becomes
the child’s guardian as a result of a ruling by a judge. See Disability Rights International: Hidden
Suffering, P.1f. [Status as at: 09.09.2010]; See Palcu, Ana-Maria
299
See Autoritatea Nationala pentru Persoanele cu Handicap, Date statistice la 31 martie 2010 [Status
as at: 09.09.2010]; Autoritatea Nationala pentru Persoanele cu Handicap, Date statistice la data de 31
decembrie 2009,Tabela 6 [Status as at: 09.09.2010]
300
See Döbert, Hans et al., P. 601ff.; Parlament of Romania [Status as at: 24.08.2010]; Parliament of
Romania (publ.) [Status as at: 09.09.2010]
301
See United Nations (publ.), P.180f. [Status as at: 30.11.2010]
302
See UN (publ.) [Status as at: 13.10.2010]; See Dobos, Ionela [Status as at: 02.09.2010]
68

Declaration on Social Inclusion in 2005. Since then the Ministry for Employment, Family and
Social Security has had overall responsibility for the promotion and assessment of inclusion.
The European Social Charter of 1996 was ratified in 1999. Article 15 of the Social Charter
regulates the right of people with disabilities to independence, social integration and
participation in the life of the community. 303
Over recent years the government has implemented a series of strategic programmes aimed
at reducing poverty and exclusion. Action plans were drawn up (2006-2013) on the social
inclusion of people with disabilities with the aim of securing for them the unrestricted ability to
exercise their human rights and basic freedoms. Significant efforts are directed towards the
creation and development of social welfare services. With the help of a network, the system
is intended to provide support for people who do not live in facilities for the disabled so they
can live as much of an independent life as possible. Other objectives were to provide support
for the families of people with disabilities and to create appropriate jobs on the labour market.
There was a subsequent increase in the number of people with disabilities working on the
labour market. 304 National experts point out that the planned measures are only being
implemented in practice to a minimal extent. 305
The social integration of people with disabilities is categorised as low by the ANPH in 2008.
The reasons given for this are the prejudices within society and the lack of training
opportunities. This gives rise to a low employment quota. In 2008 just 26,000 of the 625,000
adults with disabilities were in employment. In order to improve the life situation of people
with disabilities the ANPH has developed another plan of action. Between 2009 and 2012 the
intention is to provide support for individual projects that help promote the rights of people
with disabilities. 306
4. Rights
A law on the disabled that encompasses all the rights relevant to people with a disability was
passed in 2006. It comprises 103 articles and covers a wide range of areas in the life of
people with disabilities. Under Article 6 people with disabilities have a right to: protection for
health (preventative measures, treatment and rehabilitation), education, jobs and adaptation
of the workplace, retraining, social support, social services, housing, transport, access to the
environment, information and communication technologies, leisure, sport, culture, tourism,
legal assistance and tax relief. 307
According to local experts there are problems in the implementation. There is a lack of
contact persons to explain and inform sufferers and their families about their rights. 308 There
are committed personnel in the institutions but these are insufficiently trained, they include
social workers as well as specialist teachers. They lack further training opportunities,
advanced training and technical literature on education for the disabled in Romanian. It is the
303
See Ministerul Muncii, Familiei s.P.P. (publ.), P. 8 [Status as at: 09.09.2010]; Guvernul Romaniei
(publ.) [Status as at: 09.09.2010]; Pro-Inclusive (publ.) [Status as at: 02.09.2010]; Council of Europe
(publ.) [Status as at: 09.09.2010]
304
Note: Whilst in 2006 16,200 people with disabiltieis were active on the labour market, in 2010,
according to statistics, the figure was 29,050. See Ministerul Muncii, Familiei s. P. P. (2) (publ.), P.
6ff.[Status as at: 09.09.2010]; See Pro-Inclusiv (publ.) [Status as at: 09.09.2010]
305
See Autoritatea Nationala pentru Persoanele cu Handicap (publ.) Date statistice la 31 martie 2010
[09.09.2010]; Gebhardt, Walter (2010)
306
See Mihai, Diana [Status as at: 09.09.2010]
307
See Guvernul Romaniei: Act 448/2006 [Status as at: 09.09.2010], Gebhardt, Walter (2010)
308
See Disability Rights International (publ.): Hidden Suffering, P.21 [Status as at: 09.09.2010]
69

esponsibility of the social departments in the local authorities to provide contact persons but
they are unable to fulfil this task. 309 The problems with implementation extend deep into the
day-to-day life. There is a lack of e.g. schools, jobs, social support facilities, appropriate
housing and barrier-free access on all levels of legal assistance in order to implement Act
448/2006. 310
The conditions in some of the homes and medical institutions have also not yet been
adapted to meet the new legal situation. Individual case reports about children tied to beds
show that it is primarily children with disabilities who are affected. Some of them have no
documents as they were often handed in to the corresponding homes anonymously. 311
Dealing with problems in connection with the minority Romany group of the population is one
of the most difficult yet to be resolved. Unemployment, illiteracy and discrimination are
characteristic aspects of their life situations. They often lack access to clean drinking water
and food as well as appropriate living space. This creates conditions of total poverty,
combined with deprivation. Some forms of disability arise as a consequence of
malnutrition. 312
5. Social Welfare Benefits
The social security system has a long process of reform ahead of it. The aim of the process
is to guarantee basic security for all through a balance between state, solidarity and personal
responsibility. Up to now the various pillars of this system have suffered from serious underfunding.
The individual steps in the reforms achieved to-date, which fluctuate and are often
too little e.g. in the area of retirement pensions, have so far made no contribution towards
establishing a recognised and transparent system. In view of the tight economic situation the
process of improvement in the level of prosperity over the next ten to fifteen years is
expected to be slow. 313
The healthcare system is financed out of defined contributions. Employers and employees
respectively pay the same 7% of the gross salary. The unemployed, the self-employed and
pensioners also pay 7% of their monthly income. Insured persons receive benefits for
medical conditions irrespective of how much they have paid in contributions. Under the law
on the disabled, people who raise, support and care for a child with a disability receive
financial support of between 150 and 450 Ron (35 to 105 Euros). The current minimum
monthly income is 600 Ron (140 Euros), with an average monthly income being 800- 1000
Ron (200-250 Euros). 314 By comparison with other European countries Romania has the
lowest average income and its absolute poverty line is the lowest within the European
Union. 315 In accordance with the statutory requirements of the law on the disabled, people
309
See Palcu, Ana-Maria (2010)
310
See Palcu, Ana-Maria (2010); Gebhardt, Walter (2010)
311
Note: In a study on the quality of local housing projects for people with disabilities, Romania
achieved 0.55 points out of a maximum 5.0 points. See European Commission (publ.) (2003), P.2;
Disability Rights International (publ.): Hidden Suffering, P.11 [Status as at: 09.09.2010]
312
Note: According to the classification by the World Bank, a person is deemed to be living in ‚total
poverty‘ if he/she has less than one US dollar per day. See German Institute for Combating Poverty
(publ.) [Status as at: 09.09.2010]
313
See Busch, Klaus (2005), P.18-19
314
See Curierul National (publ.), Article 12 (Chapter 2) Act 448/2006 [Status as at: 09.09.2010]
315
See Baum-Ciesig, Alexandra et al. (2008), P.386
70

with disabilities who live in state housing, whilst being charged a minimal rent 316 , have to pay
additional costs for gas and water at a rate nearly as high as in other countries of Europe. 317
In the culture, sport and tourism sector people with disabilities are given free entrance to
museums, theatres as well as art and sporting events. If an individual is suffering from a
severe disability the companion receives the same concessions. People with severe
disabilities can use the public and regional transport system free of charge; they also enjoy
tax benefits and receive legal assistance. 318 In 2009 adults received, on application, a
monthly payment of 202 Ron (48 Euros) for a severe disability and 166 Ron (39 Euros) for a
medium disability. Depending upon the degree of the disability they can apply for a monthly
supplement to their budget of 33/68/91Ron (8/16/21 Euros). 319 Parents or guardians of
children with disabilities receive the same amounts. 320
The social reality is such that additional state programmes are needed to guarantee people
with disabilities housing with minimal level of comfort, reasonable assistance, to secure their
right to education and provide them with support in developing their own individuality, self
esteem and self confidence. In view of the tight economic situation in which more than half of
the entire population lives below the minimum subsistence level, international aid
programmes are needed to facilitate inclusion. 321
6. Providers
People with disabilities currently have 670 accredited public, private, independent and
religious providers of social services available, including amongst these organisations and
foundations. 322 They are all subject to compulsory supervision by the authorities and work in
accordance with the requirements of the National Authority for People with Disabilities. The
public institutions are founded as general social services with or without a legal structure and
come under the local or district councils. 323
A large proportion of the local practical help is provided by religious and other NGOs from
Western Europe, primarily Germany. Social welfare services are defined as all measures and
actions that help to overcome difficult life situations. In connection with people with
disabilities the focus is on protection for individuals, individual independence, prevention of
social exclusion and promotion of inclusion. 324
7. Financing Forms
Financial responsibility for the provision of social services was transferred in 1998 from the
central to the local level within the framework of a law. 325 There are major regional
differences in the level of access to social welfare services. The access is limited by local
budgetary restraints and the lack of qualified personnel. The local authorities work closely
together with local NGOs, religious institutions and individuals in providing services. In 1998
316 See Guvernul Romaniei; Legea No. 448/2006 [Status as at: 09.09.2010]
317 See Syndicalism.TK (publ.) [Status as at: 13.10.2010]
318 See Guvernul Romaniei; Legea No. 448/2006 [Status as at: 09.09.2010]
319 See Guvernul României, Payments as per resolution No.1665/ 2008
320 See Guvernul Romaniei: Legea No. 448/2006, Article 58 [Status as at: 09.09.2010]
321 See Amici e.V. (publ.) [Status as at: 09.09.2010]
322 See Ministerul Muncii, Familiei s. P. S. (publ.): Registrul electronic unic al serviciilor sociale.
Furnizori de servicii [Status as at: 03.09.2010]; Note: There was no data available on the number of
places with the various providers.
323 See Guvernul Romaniei: Legea No. 448/2006, Article 54 [Status as at: 09.09.2010];
324 See Primaria Cluj (publ.) [Status as at: 12.11.2010]
71

the government also developed a social fund in cooperation with the World Bank to provide
funds for the work of NGOs in the area of social welfare services. 326 The financing of the
public sector centres for social welfare services is included in the budgets of the respective
districts and local authorities. 327 Act 448/2006 governs the organisation, function and
financing of the aid services for people with disabilities. 328 Act legea 47/2006 329 governs the
work of social welfare. 330
The Ministry for Employment, Social Solidarity and Family (Ministerul Muncii, Solidaritatii
Sociale si Familiei) is the central authority which formulates the policy on social welfare
assistance. It determines the national and local strategy, is responsible for coordination and
implementation and provides financial support for the social programmes. The public sector
providers are financed through funds from the state or local authority budgets 331 , through
grants by the local town halls or the Ministry. Act 34/1998 is important in this respect. 332 In
order to finance their work the providers also seek donations, generate their own income,
attract sponsor or material donations from home and abroad. 333 Practice shows that the
services offered by NGOs are primarily financed by international donations. 334 Another
problem is the duplication of organisational and administrative structures as well as the lack
of qualified social welfare specialists, 335 the result of which is that effective social work is all
but impossible. 336
8. Church and Religious Motivation
The structure of the religious affiliation of the population of Romania was as follows in 2005:
the Orthodox Church is the largest faith community, accounting for 87%. 5% of the
population are Roman Catholic, 3% Protestant. Approx. 5% belong to other faiths, 0.2%
describe themselves as having no religious affiliations or as being atheist 337 . Within the
framework of Romania’s integration within the EU the country passed Act. 489 which
includes rules on guaranteeing human rights. Amongst other things the legislation
guarantees individual and collective religious freedom through the creation of the necessary
framework conditions. The state takes a neutral position with regard to all 18 recognised
religious denominations and guarantees their independence. The religious groupings are
recognised by the state as social partners for the provision of social welfare services. 338
Prior to the end of the dictatorship in 1989 the Orthodox Church restricted itself exclusively to
its spiritual role. After the Revolution and within record time it took on responsibility for the
provision of social services. As such, today it is involved in areas such as the protection of
human rights, combating human trafficking as well as for the inclusion of people with
325 See Law of the local public finances 1998
326 See Baum-Ciesig, Alexandra et.al (2008), P.393
327 See Guvernul Romaniei, Legea No. 448/2006, Article 54 [Status as at: 09.09.2010]
328 See Parlamentul Romaniei; Lege 47/2006 [Status as at: 09.09.2010]
329 See Legea privind sistemul national de asistenat sociala
330 See Ministerul Muncii, Familiei şi Protecţiei Sociale (2006) (publ.) [Status as at: 30.11.2010]
331 See Parlamentul Romaniei; LEGE 47/2006, Article 24 and 37(1) [Status as at: 09.09.2010]
332 See Ministerul Muncii, Familiei şi Protecţiei Sociale (1998) (publ.)
333 See Parlamentul Romaniei; LEGE 47/2006, Article 41(1) [Status as at: 09.09.2010]
334 See Scritube (publ.) [Status as at: 09.09.2010]
335 Note: This refers primarily to government agencies that are underfunded and employ unqualified
personnel. The fluctuation rate is enormous as a result of the low salary. A distinction must be drawn
between the social work carried out by NPOs and that performed by the state. The former have well
trained specialists. See Palcu, Ana-Maria
336 Busch, Klaus (2005), P.18
337 See National Agency for Employment Romania (publ.) [Status as at: 09.09.2010]
72

disabilities, children infected with HIV and the elderly. It also provides religious support in
hospitals, prisons, children’s homes and facilities for the elderly. 339 Other faiths complain that
the state was only supporting the construction of Orthodox churches instead of the social
activities and institutions of the churches. 340
Christian churches have formed organisations such as the Asociatia Diaconia and Caritas
Catolica Oradea. These serve charitable, socio-religious and cultural education purposes
and they care for disadvantaged groupings such as street children, people with disabilities
and the elderly. 341
9. Informal Forms of Care
In 2008 Inclusion Europe 342 conducted a study of the informal care provided for people with
disabilities. The study shows that the majority of people with disabilities live within the original
family and that it is almost exclusively the mothers who take over the care and nursing. In
most cases they are not gainfully employed at the same time as there is a lack of a support
infrastructure. This exacerbates the living circumstances of these families. They receive little
or no financial support for the additional costs incurred. 343
Approx. 17,000 of the total 687,000 people registered as disabled are cared for in
institutions. The vast majority, 670,000, live with their families. 344 According to Act 448/2006
every person with a severe disability has the right to personal help. These are normally
mothers who give up their jobs and register with the Town Hall as personal assistants. 345
Disability Rights International points out that children with disabilities are better cared for
within their families than children in institutions and that the government has not yet taken the
necessary precautions to monitor the safeguarding of human rights in the institutions and to
prevent abuse in homes. 346
A report available on the Internet highlights the problems of families with disabled relatives:
Ceausescu ruled as a dictator for 24 years until he was toppled in December 1989. During
this period no attention was paid to people with disabilities, either in support programmes, or
in schools or for jobs. They maintained a low profile within their families or specific housing
facilities and disappeared from public view. In society they are still in some cases viewed as
a punishment from God even after 20 years of democracy and comprehensive laws. They
are hardly ever seen in public because they have no mobility options. 347
10. Education
Private and religious education has been recognised on all levels of schooling since 1990.
Key principles of the 2003 Education Act are the guarantee of lifelong access to education,
338 See Apador Ch (publ.), P.12-16 [Status as at: 09.09.2010]
339 See Formula AS (publ.) [Status as at: 03.09.2010]
340 See Apador Ch (publ.), P.37 [Status as at: 09.09.2010]
341 See Asociatia Diaconia (publ.) [Status as at: 09.09.2010]; Caritas (publ.) [Status as at:
09.09.2010];Caritas Catolica Oradea (publ.) [Status as at: 09.09.2010]
342 Note: Inclusion Europe is a non-profit organisation that works for the rights of people with
disabilities. See Inclusion Europe (publ.) (2008)
343 See Inclusion Europe (publ.) (2008); Mihai, Diana [Status as at: 09.09.2010]
344 See Autoritatea Nationala pentru Persoanele cu Handicap [Status as at: 12.11.2010]
345 See ANPH (publ.) [Status as at: 16.11.2010]
346 See Disability Rights International (publ.), Hidden Suffering P.26 [Status as at: 09.09.2010]
347 See Amici e.V. (publ.) [Status as at: 09.09.2010]
73

equal opportunity according to individual needs and a high quality of teaching methods and
education content. 348 The period of compulsory schooling covers ten years. 349
Preschool education (Invatamant prescolar) is offered for children in nurseries (gradinite)
from the age of three to six. Attendance is not compulsory. The education system is divided
into primary, secondary, higher and vocational training: primary education (invatamant
primar) years 1-4. This is followed by the secondary level I, first level (gimnaziu) for years 5-
8. Up to this age the children are taught together. This is then followed by secondary level I,
second level (invatamant obligatoriu) for years 9-10. This in turn is followed by secondary
level II with years 11, 12 and 13. Pupils take the school leaving examination to gain a
certificate at this level. Students who pass the exam gain access to higher education. Those
who do not attend secondary level II can take the vocational training route (invatamant
postliceal). Attendance at the public nurseries is free of charge, as is attendance at public
schools and the provision of schoolbooks. The higher education institutions are entitled to
charge study fees. According to the report by the government nearly all children with a
disability attend the special schools provided for them. 350 Although mainstream schools have
an obligation to take children with disabilities or to guarantee 6-10 hours of home tuition,
implementation of this obligation is dependent upon the desire of individual teachers as well
as the determination of the parents. The lack of rights to the provision of information to which
they are entitled means that many children with disabilities receive no education. 351 A study
from 2005 shows that 28% of the estimated 52,000 children with disabilities at that time had
access to education. 352
11. Prospects
According to the studies by Disability Rights International the prospects for people with
disabilities are shockingly bad. 353 Even today, the elements of the dictatorship, such as the
highly centralised economy and its concentration on the capital Bucharest, the bloated,
inefficient state bureaucracy and the nepotism and corruption continue to have an impact.
Romania remains one of the poorest countries in Europe. 354
This means that most people with disabilities are extremely restricted in virtually all life
situations. Only the very few live in suitable accommodation. They normally live on the first
floor or even on higher levels. For many this means that they cannot reach or leave their
apartment without outside assistance. Access to the municipal facilities, roads, public toilets,
shops, bars, restaurants, theatres, cinemas etc. is either very difficult or impossible. In the
cities people with disabilities can frequently only move around with the help of other people.
If they live in rural areas in small villages there are even more restrictions. Due to the lack of
opportunities children with severe disabilities are exempt from their obligation to attend
school. This means that they have virtually no opportunities for development or to create a
life for themselves. Very few people with disabilities have a job. This is attributable on the
one side to the lack of training facilities and on the other to the lack of opportunities for the
creation of jobs suitable for the disabled. There is for example virtually no single company
that has built a disabled toilet at the workplace. It is also virtually impossible to arrange
348
See Dumbravenu, Laura, In: Döbert, Hans et al. (publ.) (2010), P.602ff.
349
See Unopa (publ.), P.4 [Status as at: 09.09.2010]
350
See Dumbravenu, Laura, In: Döbert, H./Hörner, W.(publ.)(2010), P.608ff.
351
See Palcu, Ana-Maria (2010)
352
See Foica, Nicoleta [Status as at: 09.09.2010]
353
See Disability Rights International (publ.), Hidden Suffering [Status as at: 09.09.2010]
354
See Baum-Ciesig, Alexandra et al. (2010), P.201
74

transport to work and back home. 355 In wide sections of the population disability is seen as
an illness from which people avert their eyes. Many young people live an isolated existence
with their families or in institutions that offer virtually no opportunities for personal
development or employment. Although there are individual treatment offerings, in most cases
the everyday life of people with disabilities entails exclusion from the life of the community. 356
A survey conducted in 2009 shows that in Romania people with HIV/ AIDS, sexual minorities
(homosexuals) and people with a physical or mental disability are amongst the groups that
suffer most discrimination. 357 The biggest problem for people with disabilities is not the
disability itself but the attitude of society. 358
12. Case Study
Alina suffered from meningitis in her infancy. She is physically and hearing disabled and also
has impaired speech and sight.
Infancy
Alina’s parents are informed about Alina’s impairments by the doctor treating her 359 and after
the treatment they leave the hospital. Alina’s parents feel alone with their sense of injustice
and misunderstanding. They believe that they are responsible for their child’s disability and
are helpless. 360 The neighbours no longer greet them. Alina’s parents often argue and
consider how they to relieve the strain on themselves. They decide to obtain information
about a home. Alina’s parents search for a financially affordable institution in the nearest city.
During their appointment to view the institution they come across situations that they had not
anticipated. The home gives them an uncomfortable feel 361 and some children have open
wounds, bedsores and injuries from lying down. Many children self-harm because they lack
attention and love. The personnel are understaffed and are unable to respond sufficiently to
the needs of the individual children. 362 Alina’s parents did not realise that institutions with
these kinds of conditions still existed. 363 They decide to keep Alina with them. They feel
overwhelmed with the strain. 364 Alina’s father works during the day whilst her mother looks
after Alina. Alina’s parents get no advice. They don’t know what rights to financial support
they are entitled to. 365 They decide to go from door to door to get advice. Some neighbours
respond with aversion 366 , some offer them help. They are given the address of a doctor who
refers the family to other doctors and authorities. Countless documents are demanded and
after a great deal of time and effort the disability is placed in the “severe disability” category
355
See Amici e.V. (publ.) [Status as at: 09.09.2010]
356
See KI-I - network of expertise (publ.) [Status as at: 09.09.2010]
357
See Posta Medicala Ro. (publ.) [Status as at: 09.09.2010]
358
See Mihai, Diana [Status as at: 09.09.2010]
359
See KI-I (publ.) [Status as at: 09.09.2010]
360
See Chiscop, Cristian [Status as at: 09.09.2010]; Suntmamica.ro (publ.) [Status as at 12.11.2010]
361
See European Commission (publ.) (2003), P.2
362
See Disability Rights International (publ.), Hidden Suffering, P.7f. [Status as at: 09.09.2010]
363
See Waleczek, Torben [Status as at: 09.09.2010]; SpiegelTV (publ.) [Status as at: 29.11.2010]
364
See Platzer, Amanda [Status as at: 09.09.2010]
365
See Ziarul, Copiilor (publ.) [Status as at: 09.09.2010]
366
See Posta Medicala Ro. (publ.) [Status as at: 09.09.2010]; See Stirile Pro Tv (publ.) [Status as at:
12.11.2010]
75

(handicap accentuat). 367 Alina is given a disabled identity card which is valid for twelve
months. It has to be reviewed every year and entitles her to apply for financial support. 368
Childhood (preschool education)
When Alina is three her parents want to obtain a place for their daughter in a nursery but it
proves very difficult to find one. They don’t know what to do as they don’t realise that Alina is
entitled 369 to a place at a nursery. They feel they have been left to their own devices. 370 A
neighbour recommends a day care facility for children with speech and hearing disabilities.
This nursery was set up with the intention of enabling children to have a secure future. 371
School
When Alina reaches the age of seven her parents consider which school their daughter
should attend. The family aren’t aware that under the law Alina is entitled to free and equal
access to all mainstream education institutions. 372 A mainstream school turns down Alina, the
teachers do not know how to adapt the teaching methods to meet Alina’s requirements. Alina
goes to the special school 373 where everything is regimented and Alina does not feel
confident in painting and singing as often as she would like to. 374 At the age of ten Alina is
due to have an operation on her legs. Her parents are extremely worried in particular
because they don’t know how they are to pay the doctors. Although the stay in hospital is
free, financial ‘gifts for the staff (including bribes) are a well known fact. 375 Because her
parents are unable to provide the necessary money Alina is paid little attention in the
hospital. 376
Youth
Alina finishes her eighth grade at the special school. A school on the next higher level is too
far from her parent’s house so Alina has no chance of continuing to attend school and
therefore remains at home. She has virtually no friends and is often subject to derision.
Alina’s mother suffers serious discrimination, her father displays no feelings. He drinks
heavily and responds aggressively to Alina’s mother. 377 Alina feels responsible for this. Her
mother frequently goes to church. Prayers and the community give her strength and hope.
Early adulthood
When Alina reaches the age of eighteen she decides she would like to go to work. She is
unable to find a job. 378 At her age she is entitled to state support in the total sum of 234 Ron
(approx. 55 Euros) per month. 379 Without the help of her family Alina could not look after
herself. Even her grandmother, who is unable to support herself as a pensioner, is supported
367
See Lăcătuş, Marius [Status as at: 12.11.2010]
368
Note: Monthly 284 Ron (approx. 66 Euro), see. Ziarul, Copiilor (publ.) [Status as at: 09.09.2010]
369
See Art. 15, Law 448/2006
370
See Ziarul, Copiilor (publ.) [Status as at: 09.09.2010]
371
See Faclia (publ.) [Status as at: 09.09.2010]
372
See Unopa (publ.), P.7 [Status as at: 09.09.2010]
373
See Chivu, Erika [Status as at: 09.09.2010]
374
See Foica, Nicoleta [Status as at: 09.09.2010]
375
See Baum-Ciesig, Alexandra et al. (2008), P.223f.
376
See Realitate.net (publ.) [Status as at: 09.09.2010]
377
Note: Domestic violence occurs every 30 seconds. See Asociatia pentru Promovarea Femeii din
Romania (APFR) (publ.) [Status as at: 12.11.2010]; PrWave (publ.)
378
See Grigore, Anemary [Status as at: 03.09.2010]; Baum-Ciesig, Alexandra et al. (2008), P.213
379
See Lăcătuş, Marius [Status as at: 12.11.2010]
76

y Alina’s parents. 380 Her mother has since got a job where she is paid a minimal salary of
600 Ron (140 Euros). 381 Alina is unable to participate in the religious service which the family
attends on Sundays as access to the churches is very difficult for her.
Adulthood
When friends of her parents visit the family Alina falls in love with their son Mihai. He feels
the same about her. When the relationship deepens they marry. Neither Alina nor Mihai have
a job. 382 They live in the home of Alina’s parents. At the age of 29 Alina falls pregnant. She
has a daughter and is extremely happy. After the birth the doctor treating the baby discovers
that the girl is blind. Alina is encouraged to give up the child because of the disability. Alina
knows the problems that are ahead of her but she gets support from her mother and Mihai
which gives her strength. 383 Alina and Mihai have major financial difficulties. Mihai’s parents
provide financial support for their son. The entire family live together with the grandparents
but it’s hardly satisfactory. 384 Alina’s daughter Alexandra progresses well. She goes to a
special school for blind children. The family spend the next 20 years together in one
household. Alina’s greatest fears are what will happen to her daughter when she and her
family are no longer able to look after her. She is worried that she and Alexandra will have to
be care for in a psychiatric institution 385 . 386
Old age
At the age 61 Alina falls ill with a serious lung infection. When her health deteriorates she
needs in-patient treatment. She does not like it in the hospital. Everything seems dirty and
outdated. She doubts whether she could actually get any help here. Mihai visits her as often
as possible. She gets increasingly weaker. A month later Alina dies from her illness.
Bibliography sources
Amici e.V. (publ.): http://www.amici-tue.de/deutsch/Einfuehr.html [Status as at 09.09.2010]
ANPH (publ.): http://infoanph.ro/drepturi/asistentul-personal/ [Status as at 16.11.2010]
Apador Ch (publ.): Stat si religii in Romania o relatie transparenta?: http://www.apador.org/publicatii/raport_stat_religii.pdf
[Status as at 09.09.2010]
Asociatia Diaconia (publ.): http://asociatiadiaconia.uv.ro/ [Status as at 09.09.2010]
Asociatia pentru Promovarea Femeii din Romania (APFR) (publ.):
http://www.prwave.ro/index.php?option=com_content&task=view&id=18963&Itemid=56 [Status as at 12.11.2010]
Autoritatea Nationala Pentru Persoanele cu Handicap: http://www.anph.ro/tematica.php?idt=13&idss=41 [Status as at
12.11.2010]
Autoritatea Nationala Pentru Persoanele Cu Handicap; Date statistice la data de 31 decembrie 2009. Numar persoane cu
handicap la data de 31.12.2009. In: http://www.anph.ro/tematica.php?idt=13&idss=41 [Status as at 09.09.2010]
Baum-Ciesig, Alexandra/Busch K. B. C. (publ.): Social welfare states in Central and Eastern Europe. Developments, reorms
and prospects within the context of European integration. 1 st edition 2008.
380
See Baum-Ciesig, Alexandra et al. (2008), P.214
381
See Capital Ro. (publ.) [Status as at: 09.09.2010]
382
See Foica, Nicoleta [Status as at: 09.09.2010]
383
See Disability Rights International (publ.): Hidden Suffering P. 1, [Status as at: 09.09.2010]; Note:
Every year approx. 9,000 babies are given up after birth in Romania. Most have no names or identity
papers. Act 272/ 2004 prohibits the institutionalisation of infants (0-2 years) but this does not apply to
children with severe disabilities. Children with minor or no disabilities are frequently categorised as
seriously disabled as this makes it easier to institutionalise them. As a result of the shortage of staff
children are unable to leave their beds for years or are tied to the beds. Many could be adopted or
integrated into foster families if they had papers. As adults they are subsequently placed in psychiatric
institutions. See Disability Rights International (publ.): Hidden Suffering, P.2ff. [Status as at:
09.09.2010]
384
See Baum-Ciesig, Alexandra et al. (2008), P. 87
385
Note: Placement in a psychiatric institution is made irrespective of the type of disability.
386
Note: There are no other options for people with disabilities if there is no longer anyone left to care
for them. See Disability Rights International (publ.); Hidden Suffering, P. 23, [Status as at:
09.09.2010]
77

Busch, Klaus: Die Perspektiven des Europäischen Sozialmodells. Arbeitspapier 92. 2005
Capital.Ro (publ.); Până la jumătatea lui 2010, salariul minim rămâne la 600 lei: http://www.capital.ro/articol/pana-lajumatatea-lui-2010-salariul-minim-ramane-la-600-lei-129730.html
[Status as at 09.09.2010]
Caritas (publ.), Confederatia Caritas Romania: http://www.caritas.org/worldmap/europe/romania.html [Status as at 09.09.2010]
Caritas Catolica Oradea (publ.), 2009 annual report: http://www.caritascatolica-oradea.ro/pfd/caritas_2009.pdf [Status as at
09.09.2010]
Chiscop, Cristian: http://www.ziarulcopiilor.com/news/peripetiile-unui-parinte-prin-sistemul-pentru-copii-cu-handicap-in-patruparti/
[Status as at 09.09.2010]
Chivu, Erika; Copiii cu dizabilităţi nu au şanse la educaţi: http://www.unica.ro/detalii/articole/copii-dizabilitati-educatie-3496.html
[Status as at 09.09.2010]
Council of Europe (publ.): European social charter (revised). Straßburg, 03.05.1996:
http://conventions.coe.int/treaty/ger/treaties/html/163.htm [Status as at 09.09.2010]
Curierul National (publ.): http://www.curierulnational.ro/Economie/2010-08-
21/Seitan+vrea+un+salariu+minim+pe+economie+unic,+intre+600+si+700+de+lei [Status as at 09.09.2010]
Deutsches Institut für Armutsbekämpfung (publ.): www.armit.de/definition-von-armut_absolute-armut.php [Status as at
09.09.2010]
Disability Rights International (publ.); Hidden Suffering, Romania’s Segregation and Abuse of Infants and Children with
Disabilities: http://www.disabilityrightsintl.org/wordpress/wp-content/uploads/romania-May-9-final_with-photos.pdf [Status as at
09.09.2010]
Döbert, Hans/ Hörner W. K. B. L. R. (publ.): The European Education Systems. (Volume 46). 3 rd complete, revised and
expanded edition 2010.
Dobos, Ionela: României îi lipseşte un sistem real de integrare a persoanelor cu dizabilităţi:
http://www.evz.ro/detalii/stiri/romaniei-ii-lipseste-un-sistem-real-de-integrare-a-persoanelor-cu-dizabilitati-902723.html [Status as
at 02.09.2010]
Europäische Komission (publ.): Included in Society. Results and recommendations of the European study on local housing
offers for people with disabilities, 2003.
Faclia (publ.): Trei gradinite speciale, un viitor pentru copiii deosebiti: http://www.ziarulfaclia.ro/Trei-gradinite-speciale-un-viitorpentru-copiii-deosebiti+16258
[Status as at 09.09.2010]
Foica, Nicoleta: Romanii cu dizabilitati intelectuale sunt respinsi din scoli si de la locurile de munca: http://www.mailarchive.com/romania_eu_list@yahoogroups.com/msg09757.html
[Status as at 09.09.2010]
Formula As (publ.): Dupa 1990, Biserica ortodoxa s-a intors la traditia implicarii sociale: http://www.formulaas.ro/2010/912/spectator-38/i-p-s-nicolae-corneanu-dupa-1990-biserica-ortodoxa-s-a-intors-la-traditia-implicarii-sociale-12277
[Status as at 03.09.2010]
Gebhardt, Walter, from the feedback from an expert of a former head of the Specialist School for Occupational Therapy in
Hermannstadt-Romania
Grigore, Anemary: Potrivit unui studiu, 95% dintre tinerii cu handicap nu au unde sa lucreze.:
http://www.ziarulprahova.ro/stiri/social/72512/potrivit-unui-studiu-95-dintre-tinerii-cu-handicap-nu-au-unde-sa-lucreze [Status as
at 03.09.2010]
Guvernul Romaniei: Legea Nr.448/2006 privind protectia si promovarea drepturilor persoanelor cu handicap:
http://www.ligahandicap.ro/Legea_448.pdf [Status as at 09.09.2010]
Guvernul României: Payments in accordance with resolution no. 1665/ 2008 - Hotărâre nr. 1665/2008
Inclusion Europe (publ.): Include Special Report. Status Report on Informal Care and Family support. 2008.
KI-I - Network of information technology expertise on the promotion of integration for people with disabilities (publ.):
http://www.gleichgestellt.at/index.php?id=2878 [Status as at 09.09.2010]
Lăcătuş, Marius; Directia Generala De Asistenta Sociala Si Protectia Copilului, sector 6 (Hrsg):
http://www.protectiacopilului6.ro/document.php?doc=46 [Status as at 12.11.2010]
Mihai, Diana: Mii de oameni cu handicap, in lupta cu prejudecatile societatii. In: http://www.timpolis.ro/articol-mii-de-oameni-cuhandicap-in-lupta-cu-prejudecatile-societatii-16852.html
[Status as at 09.09.2010]
Ministerul Muncii, Familiei ş. P. S. (publ.): Raport privind Activitatea Directiilor de Munca si Protectie Sociala in domeniul
asistentei sociale si incluziunii sociale, in anul 2008. In:
http://www.mmuncii.ro/pub/imagemanager/images/file/Domenii/Incluziune%20si%20asistenta%20sociala/Raportari%20si%20in
dicatori/120809Raport_National_DMPS.pdf [Status as at 09.09.2010]
Ministerul Muncii, Familiei ş. P. S. (publ.): Raport privind incluziunea sociala in Romania in anul 2008:
http://www.mmuncii.ro/pub/imagemanager/images/file/Domenii/Incluziune%20si%20asistenta%20sociala/Raportari%20si%20in
dicatori/25062010Raport_incluziune_2008.pdf [Status as at 09.09.2010]
Ministerul Muncii, Familiei şi Protecţiei Sociale (2006) (publ.)
http://www.mmuncii.ro/pub/imagemanager/images/file/Legislatie/LEGI/L47-2006.pdf
National Agency for Employment Romania (publ.): Living and working in Romania:
http://londra.mae.ro/upload/docs/38313_LWC%20Romania.pdf [Status as at 09. 09. 2010]
Palcu, Ana-Maria: From the feedback by a head of the workshop for people with disabilities in Sibiu - Romania
Parlament Rumänien; Verfassungsnet (Hrsg): http://www.verfassungen.eu/ro/index.htm [Status as at 24.08.2010]
Parlamentul Romaniei; LEGE 47/2006 privind sistemul national de asistenta sociala:
http://www.smromania.ro/ro/legislatie/pentru_organizatii/acreditare_servicii/servicii_sociale/lege_47/ [Status as at 09.09.2010]
Parlament of Romania (publ.); Constitution of Romania: http://www.cdep.ro/pls/dic/site.page?den=act2_2&par1=2#t2c2s0a50
[Status as at 09.09.2010]
Posta Medicala Ro (publ.); Cele mai discriminate persoane din România:bolnavii cu HIV/SIDA:
http://www.postamedicala.ro/cele-mai-discriminate-persoane-din-romaniabolnavii-cu-hiv/sida.html [Status as at 09.09.2010]
Primaria Cluj (publ.): http://www.primariacj.ro/proiectedezbateri/Materialul%20modificat%20in%20urma%20dezbaterii%20publice-ps.pdf
[Status as at 12.11.2010]
Platzer, Amanda, Romania: Hope for disabled children: http://www.worldvision.at/index.php?id=417 [Status as at 09.09.2010]
Pro-Inclusive (publ.): http://atlas.ici.ro/pro-inclusive/strategia.htm [Status as at 02.09.2010]
Protv (publ.); Umiliti. Romanii cu handicap se lovesc de absurditatea sistemului: http://stirileprotv.ro/stiri/social/umiliti-romaniicu-handicap-se-lovesc-de-absurditatea-sistemului.html
[Status as at 09.09.2010]
Prwave (publ.): Violenta Domestica "loveste" in Romania o data la 30 de secunde:
http://www.prwave.ro/index.php?option=com_content&task=view&id=18963&Itemid=56 [Status as at 09.09.2010]
Realitatea.net (publ.): Copii cu dizabilităţi, cu greu acceptaţi în şcolile normale: http://www.realitatea.net/copii-cu-dizabilitati-cu-greu-acceptati-in-scolile-normale_398261.html
[Status as at 09.09.2010]
78

Scritube (publ.): Furnizorii de servicii sociale: http://www.scritube.com/sociologie/asistenta-sociala/Furnizorii-de-serviciisociale232511220.php
[Status as at 09.09.2010]
Stirile Pro Tv (publ.): http://stirileprotv.ro/stiri/social/umiliti-romanii-cu-handicap-se-lovesc-de-absurditatea-sistemului.html
[Status as at 12.11.2010]
Suntmamica.ro (publ.): Viata cu un copil cu handicap: http://www.suntmamica.ro/Viata-cu-un-copil-cu-handicap.html [Status as
at 03.09.2010]
SpiegelTV (publ.): http://www.youtube.com/watch?v=y9mZ1o_lJvg [29.11.2010]
Syndikalismus Tk. (publ.): http://syndikalismus.wordpress.com/2010/05/07/auch-in-rumanien-regierung-kundigt-extreme-lohnund-rentenkurzungen-zum-1-juni-an/
[Status as at 09.09.2010]
UN (publ.): http://treaties.un.org/Pages/ViewDetails.aspx?src=TREATY&mtdsg_no=IV-15&chapter=4&lang=en#EndDec [Status
as at 13.10.2010]
United Nations (publ.): http://hdr.undp.org/en/media/HDR_2009_EN_Complete.pdf [Status as at 30.11.2010]
Unopa (publ.): Dreptul la Invatamant. In: http://www.unopa.ro/files/dreptul_la_invatamant.pdf [Status as at 09.09.2010]
Waleczek, Torben: Romania. The worst impressions of my life. In: http://www.news.de/politik/855036212/die-schlimmsteneindruecke-meines-lebens/1/
[Status as at 09.09.2010]
Ziarul, Copiilor (publ.): http://www.ziarulcopiilor.com/news/peripetiile-unui-parinte-prin-sistemul-pentru-copii-cu-handicap-inpatru-parti/
[Status as at 09.09.2010]
79

Synopsis for Tanzania 387
Total population 44 million
People with disability 2008: 2.4 million people registered as disabled.
(1)
Embodied within the Yes Part 2, Article 9 a, e, f, g, h.
Constitution (2)
Inclusion model (3) There is a direct link between poverty and disability; efforts are
made to combat poverty through projects.
(Pilot project started, priorities defined)
Express rights and Express rights on the international as well as the national levels
reality (4)
(e.g. rule on quotas). Laws cannot be applied to the majority of the
population as these live below the poverty line.
State social welfare Minimal formal security which is only accessible to the wealthier
benefits (5)
section of the population.
Social work providers Predominantly international organisations.
(6)
Independent and private providers
Financing forms (7) Primarily international investors (World Bank, IMF, donations,
foundations,...)
Religion (8) Catholic (25%), Protestant (and Anglican as well as African Home
Church) (25%), Muslim (30%), natural religions (20%)
Role of the Church Work on the ‘bottom rung’ of society enables it to influence the
(8)
population.
Role of informal forms The family represents the social security network.
of provision (9)
Education (10) Right to education for everyone, primarily in mainstream schools.
Barrier-free access frequently not guaranteed.
Future prospects (11) More intensive focus placed on the needs of people with disabilities.
Problem of poverty and dependency upon international
organisations remains.
Ratification of the UN Yes, since 2009.
Convention on the
Rights of People with
Disabilities
Monitoring agency None.
Gender and disability Women and girls with disabilities are subject to dual discrimination.
Greater risk of suffering violence, injury, abuse, neglect, squalor,
maltreatment or exploitation.
Special strengths Strong family cohesion in which problems are borne by the whole
family system.
Individuals are not perceived on the basis of the “disability” stigma
but their abilities.
387 Note: The figures in brackets indicate the chapter number in the respective country study an.
80

National Study Tanzania
Claudia Hettenkofer
1. Statistics
In Tanzania the Tanzanian National Bureau of Statistics (NBS) collects, collates and
evaluates information on the economy, society and environment. 388 The data collected by
the NBS gives an overview of the forms and frequency of disabilities. 389 Other data surveys
and analyses are available from international organisations such as the World Bank, the
International Monetary Fund 390 (IWF), UNESCO and the World Health Organisation (WHO).
In 2010 Tanzania had a total population of 44 million. 391 According to estimates by the WHO
nearly four million people suffer from a disability. 392 According to a national study by the
Ministry of Health and the NBS from the year 2008 the government estimates the figure to be
2.4 million. 393 The study revealed that 50% of the children with disabilities were either born
with or acquired them during their first year of life. Another 30% of the children acquired their
disability during the course of their first five years of life.
In national publications on the differentiation between various forms of disability (Census
2002, National Policy on Disability) the following forms of disability are listed: visually
disabled, hearing disabled, mentally disabled and physically disabled. 394 These forms, as
well as the definition of disability, are based on the international classification by the WHO. 395
One deviation from this is the fact that Albinism is also seen as a form of disability. 396
Expressions such as ‘speech disabled’ and ‘learning difficulties’ are not found in the Swahili
language 397 . However, where significant speech and learning difficulties do exist they are
categorised under other forms of disability. Extensive learning difficulties are considered as a
388 National Bureau of Statistics (publ.) [Status as at: 08.09.2010]
389 National Bureau of Statistics (publ.), United Republic of Tanzania [Status as at: 08.09.2010]; United
Nations Development Programme (UNDP) [Status as at: 08.09.2010]; Weltbank Statistiken [Status as
at: 08.09.2010]; IWF Statistiken [Status as at: 08.09.2010]
390 IWF=Internationaler Währungsfond
391 See Auswärtiges Amt Tanzania (Hrsg) [Status as at: 08.09.2010] Anm.: Im Jahr 2002 wurde von
einer Gesamtbevölkerung von 34,5 Millionen ausgegangen. Die Ursachen für diese unterschiedlichen
Angaben konnten nicht erhoben werden. See National Bureau of Statistics (publ.), Statistics for
development [Status as at: 11.10.2010].
392 See Inclusive Tanzania (publ.), Statistics [Status as at: 08.09.2010]; WHO (publ.) [Status as at:
08.09.2010]
393
See Tanzania Network (publ.), S.1; Anm.: Bei dieser Studie wurden in 7025 Haushalten in 26
Regionen Tansanias und Sansibars Interviews durchgeführt.
394
See Müller-Mbwilo, Angela (2009), S.55ff.; Ministry of labour, youth development and sports
(publ.), S.3 [Status as at: 08.09.2010]
395
SeeWHO (publ.), ICIDH [Status as at: 16.09.2010]; Rutachwamagyo, Kaganzi, S.5f. [Status as at:
26.09.2010]
396 Anm.:„(…) die meisten Personen aus dem Westen sehen Albinismus nicht als ein Problem an,
weil Menschen mit Albinismus in ihrem Land nicht die gleichen Schwierigkeiten erleben.“ SeeMüller-
Mbwilo, Angela (2008), S.58
397 Anm.: In Tanzania existieren über 100 Sprachen. Die Amtssprache ist Suaheli. Auswärtiges Amt
(publ.), Tanzania [Status as at: 08.09.2010]
81

mental disability. 398 People with a mental disability have no right to vote and they are
normally not thought capable of pursuing an independent life. 399
2. Constitution
Shortly after Tanzania gained its independence from Great Britain in the 1960s Tanganyika
and Zanzibar were amalgamated to form the nation of Tanzania in 1964. Single party rule
was ended in 1995 with the first democratic elections. Zanzibar possesses a semiautonomous
status, in other words there can be differences in laws and constitution in some
areas. 400 In the foreword to the Tanzanian Constitution, created in 1977, the latest version
drafted in 1998 states that the country is a democratic, socialist and secular state. 401
The aim of the Constitution is to ensure the development of the United Republic into a nation
of equal and free individuals who enjoy ‘freedom, justice, brotherhood and harmony’. It
commits the power of the state, with all its representatives, to steer the fundamental political
guidelines and programmes in such a way that they respect and value the dignity of the
individual and other human rights. This means that any person who is capable of working
also works and is able to earn his/her living from this work, that human dignity is preserved
and is in accord with the spirit of the General Declaration of Human Rights. The government
and all its representatives will provide equal opportunities for all citizens, regardless of
gender, colour of skin, tribal origin, religious affiliation, life situation. Any form of injustice,
intimidation, discrimination, corruption, suppression or preference is to be prohibited. 402
Under the Constitution all people with a disability in Tanzania must be granted the same
rights and opportunities. 403 Part II Article 11 of the Constitution makes express reference to
the right to an upbringing and education for people with disabilities. 404 In the scale of the
Human Development Index (HDI) produced in 2009, Tanzania numbers 151 out of 182
countries. It is included amongst the developing countries under the category of ‘Medium
Human Development’. 405
3. ‘Inclusion’ Model
Tanzania ratified the United Nations Convention on the Rights of People with Disabilities
(UNCRPD) in 2009. 406 According to Inclusive Tanzania, an amalgamation of more than
fourteen organisations working for people with disabilities and formed in 2006, disability is
perceived to be the consequence of poverty. People with a disability who live in poverty are
caught in a vicious cycle. Disability restricts access to education and work and leads to
economic and social exclusion. These factors place people with disabilities amongst the
poorest of the poor. The concept of inclusive development in Tanzania is based on a human
398 See Müller-Mbwilo, Angela (2008), S.57
399 See Müller-Mbwilo, Angela (2008), S.106; Verfassung Kapitel 1, Teil 1, Artikel 5, Absatz 2b:„(2)
Parliament may enact a law imposing conditions restricting a citizen from exercising the right to vote
by reason of any of the following grounds […]: (b) being mentally infirm;”
400 See The Central Intelligence Agency (publ.) [Status as at: 08.09.2010]
401 See United Republic of Tanzania (publ.), Constitution of Tanzania, S.18 [Status as at: 08.09.2010]
402 See Verfassung Teil II 9
403 See United Republic of Tanzania (publ.), Constitution of Tanzania, S.18 [Status as at: 08.09.2010]
S.18f.
404 See The Law Reform Commission of Tanzania (publ.),[Status as at: 18.07.2010]
405 See UNDP (publ.), HDI Report 2009, S.180ff [Status as at: 30.11.2010]; United Nations
Development Programme (publ.), Statistics [Status as at: 15.09.2010]
406 See United Nations (publ.), enable: [Status as at: 14.09.2010]
82

ights approach which states that development objectives cannot be realised without the
inclusion of people with disabilities. 407
Inclusive Tanzania works for the inclusive education of and participation in political life by
people with disabilities. These two themes were chosen as a priority in order to drive forward
a process of inclusive development in Tanzania. The defined targets of the pilot project
include, amongst other things, a higher number of children with disabilities being registered
at schools, the realisation of the right to vote for people with disabilities and promotion of the
social awareness for the needs of people with disabilities. Strategic approaches cover,
amongst other things, public campaigns on inclusion, discussion meetings with government
representatives, workshops for the inclusive education of and participation in political life by
people with disabilities, production of materials for the representation of interests, public
relations work in the mass media, lobbying for a government policy of inclusion and others. 408
Inclusive Tanzania is assisted by the Austrian Ludwig Boltzmann Institute on Human Rights
and funded by NGOs. 409
4. Rights
The Constitutions prohibits discrimination against people with disabilities. 410 The government
of Tanzania has also signed up to various legally binding, international agreements on
human rights that promote and protect the rights of people with disabilities. These include for
example the General Declaration of Human Rights 1948 411 , the Convention on the Rights of
Children dated 1991, the African Charter of Rights and Welfare of the Child from 2003 and
the education policy of 1996. 412 Tanzania has also adopted and implemented numerous
laws, guidelines and standards relating to people with disabilities such as e.g.: vocational
training legislation that creates the legal framework for the implementation of a flexible
system of education and training and laws on employment and work which include rules on
quotas. These stipulate that 2% of the jobs in companies with more than 50 employees must
be occupied by people with disabilities and that both direct and indirect discrimination in all
areas of employment policy is banned. The implementation of all these guaranteed rights is
made more difficult by the fact that - as in other developing countries - the majority of people
with disabilities live below the poverty line. 413 In Tanzania people with disabilities are
amongst the poorest, the least educated and the most stigmatised members of the
population. 414
Their inclusion is made more difficult by the fact that they frequently suffer prejudice and
negative attitudes in their everyday lives. They are viewed as pitiful, dependant and a part of
society that cannot be integrated. 415
5. Social Welfare Benefits
In Tanzania there is a minimal, formal safeguard for all people in the form of retirement,
disability, occupational accident, unemployment, maternity, sickness and life insurance.
407
See Inclusive Tanzania (publ.), Development [Status as at: 14.09.2010]
408
See Abel, Anania (2010)
409
See United Nations Development Programme (publ.) [Status as at: 14.09.2010]
410
See Inclusive Tanzania (publ.), Development [Status as at: 14.09.2010]
411
See Ministry of labour, youth development and sports (publ.), S.15 [Status as at: 15.09.2010]
412
See Inclusive Tanzania (publ.), Education [Status as at: 14.09.2010]
413
See Inclusive Tanzania (publ.), Development [Status as at: 14.09.2010]
414
See Pruisken, Andreas/ Miller, Ursula, S.28 [Status as at: 14.09.2010]; Inclusive Tanzania (publ.),
Development [Status as at: 14.09.2010]
83

There is also a survivors’ pension scheme. In 2003 the government published figures
showing that 85% of the employees (871,000 people) were included in the social security
network. This is approx. 2.5% of the total population in 2002. People with no financial
resources are only able to benefit from the social security system to a limited extent. People
in the wealthy upper strata have access to additional private insurances that meet their
individual needs. 416 NGOs have not yet been able to establish themselves to the extent that
they are able to make up for the shortfall in the state welfare systems. It is for this reason that
informal safeguarding structures, based on self-help as well as family and neighbourhood
help, play a key role in the protecting the social welfare of the majority of the population. That
applies to all phases of life. Even the pensions which the officials receive are normally so low
that they are insufficient to meet the cost of living. 417
One of the priority objectives of government measures is the supply of clean drinking water,
waste water disposal and access to sanitation facilities. The lack of these measures has
serious consequences on the people’s state of health. If the water supply is guaranteed then
the standard of living can be clearly improved. Over recent years there has been an
improvement in the situation for the urban population as well as in individual village areas. A
consistent lack of facilities remains a characteristic feature of the situation in most of the rural
districts. 418
One of the key elements of the state social welfare services is the ‘Village Health Service’.
This concept was introduced in 1994 under the heading Community-Based-Rehabilitation
(CBR) in order to reach the people in the villages. In this context, the inclusion of people with
disabilities is a key objective. Two ‘health workers’ operate in each of the small villages,
carrying out preventative work and providing information. 419 They frequently go from door to
door giving the people individual advice. A network of health stations, most of whose approx.
30 beds are overfilled, ensures basic medical provision for the poverty stricken rural
population. 420
6. Social Work Providers
The public sector social work providers are the Ministry of Education and Culture (MOEC) 421 ,
the Ministry of Science, Technology and Higher Education (MoSTH) 422 and the Prime
Minister’s Office with its Department for Regional and Local Authorities. 423 Healthcare
offerings, such as the medical stations in the districts, are mostly run by the state or
churches. 424 In addition to the public sector social work providers 425 national and international
NGOs 426 , foundations and religious providers play a significant role. 427 The work of the
international NGOs that support people with disabilities frequently involves project-related
415 See Inclusive Tanzania (publ.), Statistics [Status as at: 08.09.2010]
416 See Ministry of labour, youth, development and sports (publ.), S.7ff [Status as at: 15.09.2010]
417 See Lingenberg, K. In: Hirschfeld, Noreen (2009), S.65
418 See Müller-Mbwilo, Angela (2008), S.46
419 See Comprehensive Community Based Rehablitation (publ.) [Status as at: 15.09.2010]
420 See Müller-Mbwilo, Angela (2008), S.47ff.
421 MOEC=Ministry of Education and Culture
422 MoSTH=Ministry of Science, Technology and Higher Education
423 See The Government of the United Republic of Tanzania (publ.), Water [Status as at: 18.07.2010]
424 See Müller-Mbwilo, Angela (2008), S.48
425 See The Government of the United Republic of Tanzania (publ.), Water [Status as at: 18.07.2010]
426 See Müller-Mbwilo, Angela (2008), S.48ff; Inclusive Tanzania (publ.), About us [Status as at:
15.09.2010]
427 See Müller-Mbwilo, Angela (2008), S.47ff.
84

and public relations activities. 428
The organisations for people with disabilities (DPO and PDO) 429 are accorded an important
role by the movement for the disabled. They take part in regular discussions on subjects that
affect people with disabilities, in the sense of carrying out lobbying work. They are grouped
within umbrella organisations such as the Shivyawata, which has six DPO members. 430 In the
area of healthcare and education social institutions are being increasingly privatised. This
primarily affects those that require costly equipment (specialist practices and laboratories).
The privatisation of these areas is leading to an improvement in the quality of the education
and treatment. These offerings are not accessible to the poorer majority of the population as
they are unable to pay for them. 431
7. Forms of Financing
The state is only able to meet the financial challenges from the social welfare sector with the
help of private investors. 432 The tax revenues generated within the country itself total less
than 18% of the growth rate in the gross domestic product. 433 Today, Tanzania is amongst
the list of African countries which are most dependent upon outside help. 434
According to the International Labour Organization (ILO) 435 members of the insurance
systems have a three stage system which is able to respond to individual needs. This is
income dependent and intended to offer general protection to the population. The first stage
is financed by the government and offers protection to those people who are unable to meet
their social welfare costs themselves (for example the sick, disabled, the elderly). Stage two
is suitable for people who are able to make a financial contribution (they have a statutory
obligation in this respect). The third stage comprises individual, private insurance systems.
This system was introduced in order to reduce the level of government expenditure on social
welfare assistance. 436
8. Church and Religious Motivation
In addition to the state, private and international providers, the churches play an important
role in the provision and delivery of offers in the area of social welfare. The social work
carried out by church and religious organisations is committed to improving the life situations
of people with disabilities. 437 Support for people with disabilities in the form of special
education was introduced through the influence of missionaries. 438
The affiliation to the various religions was divided as follows in 2009: 50% of the population
belonged to Christian churches. Half of these to the Catholic Church, the other half divided
between the Evangelical Lutheral Church Tanzania - ELCT, the Anglican Church and the
Africa Home Church (AICT). 30% of the population are considered Muslim and 20% are
followers of natural religions. 439
428
See ZDF (publ.), Der Fluch der guten Tat [Status as at: 05.08.2010]
429
DPO=Disabled People Organization; PDO=Prodisability organizations
430
See International Labour Organization (publ.), Inclusion, S.3 [Status as at: 16.09.2010]
431
See Müller-Mbwilo, Angela (2008), S.46f.
432
See The Government of the United Republic of Tanzania (publ.), Water [Status as at: 18.07.2010]
433
See Konrad-Adenauer-Stiftung (publ.) [Status as at: 21.07.2010]
434
See United Nations development Programme (publ.), Statistik [Status as at: 15.09.2010]
435
See International Labour Organization (publ.), About ILO [Status as at: 15.09.2010]
436
See Ministry of labour, youth, development and sports (publ.), S.iii.5. [Status as at: 15.09.2010]
437
See Müller-Mbwilo, Angela (2008), S.47
438
See Müller-Mbwilo, Angela (2008) S.78
439
See Allianz-Mission e. V. (publ.) [Status as at: 15.09.2010]
85

As a result of their work with those ‘on the bottom rung’ of society the churches have
significant opportunities for providing support for the population. 440 They also exert influence
over the education and healthcare system since they frequently assume the role of sponsor
for institutions. The ELCT 441 for example has numerous first-aid stations, hospitals, children’s
homes and other diaconic institutions as well as schools for the blind and deaf. 442
With regard to the religious motivation in working with people with disabilities, there is one
prominent phenomenon. For many religious groupings Albinos are seen as bringers of good
luck who possess magical powers. This can lead to such a situation where Albinos are sold
(by their parents or after being kidnapped) and then killed by so-called “witch doctors” and
chopped up into individual body parts. Individual body parts of Albinos are worn as amulets
in order amongst other things to increase the fishing catch or help people to fame and
fortune. Groups have since become organised, earning up to 60,000 US dollars through the
sale of body parts. Since 2007 at least 53 Albinos have been murdered. 443
9. Informal Forms of Provision
The extended family is the conventional form of the family in Tanzania. In addition to the
parents and children it also covers uncles and aunts as well as close friends. The family
structures vary where the father or mother is absent for a longer period of time – in order to
seek work. Uncles and aunts are like mother and father to the children. In Tanzania each
individual is part of this system. If a member of this system has a problem then the whole
community has the problem. The extended family is simultaneously responsible for the
upbringing and education of the children. Every adult is therefore a role model. A person with
a disability in an extended family is recognised as an equal member and fundamentally
neither receives preferential treatment nor suffers any discrimination. People with a disability
are not viewed by their family on the basis of the stigma of ‘disability’. People gain social
recognition through their abilities that enable them to be active within the community. 444
Nowadays the high death rate from AIDS causes huge problems in caring for children and
older people. There are increasing numbers of families in which the grandparents look after
their grandchildren or vice versa as the middle generation has died from AIDS. In the cities
the traditional extended family system is becoming increasingly less effective because what
frequently happens is that only a small part of the family lives in the city. The remaining
family members by contrast live far away in the country. Communication is made more
difficult due to the inadequate communication and transport links. 445
10. Education
Under the Constitution all people have the right to an upbringing and education. The
schooling conditions are dependent upon the providers and location of the schools (private or
government run, urban or rural). A normal school class comprises 50-100 pupils depending
upon the region. The education system is influenced by the British approach and is similar to
the Anglo-Saxon education system comprising pre-school, primary level and secondary level.
446
440 See Frieder, Ludwig (1995), S.7
441 Anm.: ELCT ist die Evangelical Lutheran Church in Tanzania, viele Schulen sind in ihrer
Trägerschaft, siehe auch ELCT [Status as at: 28.07.2010]
442 See Kees, Reinhard [Status as at: 28.07.2010]
443 See Hennefarth, Florian [Status as at: 16.09.2010]
444 See Michel-Biegel, 2002, S. 7f., Kisanji, 1995a, 5f. In: Müller-Mbwilo, S.42
445 See Müller-Mbwilo, Angela (2008), S.46
446 See The Law Reform Commission of Tanzania (publ.) [Status as at: 18.07.2010]
86

From the middle of the 20 th Century people with disabilities received institutional education.
In the beginning children with a disability were taught in a basic school in the local vicinity
without receiving any special educational support. Many children subsequently left these
schools as they were unable to cope with the demands. Today, special educational offerings
are provided mainly in the area of primary schooling. These offerings are both integrative as
well as segregational in nature. The education of children with a disability tends to be an
exception. 447
There are currently three types of integrative measures.
1. The so-called “full integration” method still exists, in which pupils with a disability attend
their local basic school but receive no special support from teachers with training in special
education needs.
2. Some basic schools have so-called ‘special units’ in which pupils with a specific form of
disability (for example visual, hearing, speech disability) are taught by teachers with training
in special educational needs. All the children (disabled and able-bodied) play together during
joint break times. These units are often difficult to reach as they are not always located near
to the child’s respective home. In some cases the children have to walk long distances to get
to the school.
3. Some children attend a local basic school where they receive additional and ongoing
teaching from “mobile” teachers with training in specialist educational needs and who supply
the children with teaching materials geared towards their needs (for example in Braille). The
mobile specialist teachers advise the teachers at the basic schools on support measures
and, where necessary, meetings are held with the parents.
In addition to the integrative measures there are also segregating measures to be found.
These include in particular the special boarding schools. 448
11. Prospects
The prospect of the needs of people with disabilities being taking into account is heavily
influenced by the international guidelines to which Tanzania has committed itself. With the
impetus of ratification of the UNCRPD the government is intensifying its focus on the needs
of people with disabilities in order to achieve the primary objective of reducing poverty. The
aim in 2010 is to issue and pass national guidelines which are adapted to the articles of the
UNCRPD. 449 In order to implement the inclusive education, which had already been
formulated as an objective in the “National Strategy of Growth and Reduction of Poverty” in
2005, teachers are to receive additional training in special educational needs. In addition, the
aim is to develop a better system for school buses so that getting to school is no longer an
obstacle for children with a disability. This is also to be extended to the area of secondary
education. 450 In future, people with disabilities are to be actively included in the shaping and
discussions as in the past they were only involved on a peripheral basis. The first steps can
be seen in the country’s parliament. At the moment three places for members of parliament
with so-called ‘special seats’ are reserved for people with disabilities. In addition, information
on the rights of people with disabilities has been disseminated through the mass media. 451
Economists in the African continent point out that officials on the local and regional level
must work more closely together with NGOs and private companies in order to improve the
447 See Tanzania Network (publ.) (2010), S.8f.
448 See Müller-Mbwilo, Angela (2008), S.75ff
449 See Tanzania Network (publ.) (2010), S.8f.
450 See Müller-Mbwilo, Angela (2008), S.78f.
451 See Tanzania Network (publ.) (2010), S.8f.
87

situation of disabled and able-bodied people in the future. 452 With regard to the
implementation of the Millennium targets of the UN 453 critical observers point out that the
targets for developing countries such as Tanzania were intentionally set too high, with the
expectation of these not being achieved so the country could continue to benefit from
development aid., As a result, developing countries such as Tanzania remain dependent
upon external financial support. 454
12. Case Study
Infancy 455
Banuelia is born at home in a mud hut 456 in a village 80 km away from Dar-es-Salaam
because the parents have no chance of getting to the nearest hospital. In her infancy, as a 2
year-old, Banuelia suddenly gets a high fever, leading her to become severely physically
disabled. When her parents take her to the hospital 80 km away, as there are no doctors in
the village, her legs are already deformed. The doctors treating her inform the parents that
their daughter Banuelia is suffering from polio 457 . 458 Banuelia’s legs are placed in plaster for
six months. When she is finally able to leave the hospital her parents take her to her
grandmother. Banuelia’s parents ask themselves what they have done wrong because one
of their children is disabled. They are unable to deal with these feelings of guilt and shame
they have brought on their village. The parents believe that this is a sign from God, a
punishment for their own misdoings or those of their forefathers.
Childhood
Banuelia’s grandmother does physiotherapy exercises with Banuelia, as far as she can, in
order to stimulate her limbs. When the girl reaches the age of ten she is taken back to the
hospital. After an operation Banuelia learns to walk with crutches. She would like to be taught
at the primary school three kilometres away. Her parents are vehemently against this as they
452
SeeMüller-Mbwilo, Angela (2008), S.51
453
Anm.: Die Vereinten Nationen haben im Jahr 2000 acht Millenniums-Entwicklungsziele für
Entwicklungsländer aufgestellt, die es bis zum Jahr 2015 zu erreichen gilt. Die Ziele wurden im Jahr
2001 initiiert von einer Arbeitssgruppe der UN, der Weltbank und OECD. In ersten Bilanzen zeichnet
sich ab, dass diese nicht bis zum besagten Zeitpunkt erreicht werden können. Beispielhafte Projekte,
wie die Millenniumsdörfer (u.a. in Mbola/ Tanzania), werden von privaten Investoren und NGO’s
organisiert. Diese setzen sich zum Ziel, die ausgesuchten Dörfer nachhaltig zu fördern, um
aufzuzeigen, dass die Millenniumsziele bis 2015 zu erreichen wären, wenn man diese Projekte auf
alle Gebiete übertragen würde. See UN Millennium Development Goals [Status as at: 22.09.2010];
Welthungerhilfe (publ.) [Status as at: 22.09.2010]
454
See ZDF (publ.) [Status as at: 05.08.2010]
455
Anm.: Bei der Konstruktion des Fallbeispiels wurde bewusst eine andere Erkrankung als
Hirnhautentzündung gewählt. Ein Kind, das an ihr erkrankt wäre, würde diese aufgrund der
mangelhaften medizinischen Versorgung in Tanzania wahrscheinlich nicht überleben.
456
Anm.: Das Bewohnen einer Lehmhütte sagt etwas über die finanzielle Lage der Familie aus.
Wohnt man also in einer Lehmhütte, bedeutet das, dass die Familie über kein oder nur über ein
geringes Einkommen verfügt. Wenn man in einer Zementhütte wohnt, bedeutet das, dass die Familie
besser gestellt ist durch höheres Einkommen. Wohnt man in einer Lehmhütte, bedeutet das
zusätzlich, dass man über keinen Strom- und Wasseranschluss verfügt. Der Besitz von Tieren oder
auch von eigenem Land kann sich positiv auf die Einkommenssituation auswirken.
457
See WHO (publ.), Polio [Status as at: 05.08.2010]
458
Anm.: Wäre Banuelia in Europa geboren worden, hätte ihre Mutter sie als Kleinkind zu einem Arzt
gebracht. Der Arzt hätte ihr eine Flüssigkeit auf einen Zuckerwürfel geträufelt und ihn Banuelia in den
Mund gesteckt. Sie hätte keine Polio bekommen.
88

want to keep their daughter’s disability as secret as possible. 459 They believe that something
could happen to Banuelia or to the entire family. They don’t think about what Banuelia’s
future would be if she grows up without any education. She is allowed to attend church
services. On the way to church she is often ridiculed by other children. One day as she is on
her way to church Banuelia realises that she is unable to move and becomes very tired,
suddenly collapsing on the path. Her grandmother attempts to get help and she finds
someone who is able to take her and Banuelia to the hospital. In the hospital she is informed
that she is suffering from hypothyreosis 460 which was triggered by a lack of iron due to
malnourishment. The doctor also diagnoses delayed development, again caused by the lack
of iron. In addition to her physical impairment she is now also suffering from a slight mental
impairment and has difficulties in speaking.
Schooling
When Banuelia reaches the age of 12 a social worker from a project for the disabled comes
from Dar-es-Salaam to her village. During a village meeting she explains about the rights of
people with disabilities. Banuelia would very much like to go to a school. At Banuelia’s
request the social worker contacts the local schools and acts as an intermediary. However,
they advise her against the idea as a result of the grandmother’s advanced age and
Banuelia’s disabilities since there is no transport to the school three kilometres away and the
grandmother is unable to cope with this on her own any longer due to her state of health.
Banuelia is insistent that she wants to go to school. Would she like to go to the home far
away in Dar-es-Salaam? She is uncertain. The grandmother is against it because she
believes she would be unable to meet the costs for the accommodation in the boarding
school. The social worker wants to get the parents onboard and advises them and the
grandmother that an upbringing in the boarding school would be best. Shortly afterwards
Banuelia is granted a place at the boarding school in Dar-es-Salaam, but the parents and the
grandmother are unable to meet the costs for it. Her teacher therefore gets in touch with the
Diakonie.
Youth
The Diakonie meets the costs of accommodation at the board school for seven years. In the
beginning it’s hard because Banuelia can only go home during the long holidays. She makes
new friends, something that was not easy in the beginning.
Early adulthood
Unfortunately her grades are not good. Banuelia doesn’t know what to do next. At the age of
20 she returns to her home village. Banuelia talks to one of the employees of the boarding
house several times about her future. The centre for the disabled arranges training for her
with a master seamstress. Once again the Diakonie meets the costs for the training and the
sewing machine. Three years later Banuelia successfully passes the training and finds a job
in a small sewing shop.
459 Anm.: Frauen und Mädchen mit Behinderungen sind innerhalb und außerhalb des Hauses von
Gewalt, Verletzung oder Missbrauch, Verwahrlosung oder Vernachlässigung, Misshandlung oder
Ausbeutung bedroht. Sie werden doppelt diskriminiert aufgrund ihres Geschlechts und ihrer
Behinderung. See Inclusive Tanzania (publ.) [Status as at: 14.09.2010]
460 See Wehner, Jürgen [Status as at: 14.09.2010]
89

Adulthood
As a 24 year old Banuelia falls in love with her work colleague Kabila. The relationship with
him grows stronger every day and as a result the young couple decide three years later to
get married. The couple are happy, both go to work and Banuelia falls pregnant. Without
thinking how they will now be able to cope with life as a family of three, the couple decide to
have the child and Banuelia gives birth to a little girl named Mwasiti. Banuelia is now no
longer able to go to work and becomes increasingly reliant on her husband’s help. Kabila is
essentially solely responsible for meeting their costs of living. When Banuelia reaches the
age of 33 the situation becomes increasingly difficult for the couple as Banuelia is no longer
able to cope with the domestic chores on her own. They ask their grandparents for support
but unfortunately both sets of grandparents decline. They cannot afford to pay someone to
help with the household chores. Banuelia decides to go onto the streets with her child in
order to beg. The strain on the young couple increases. They argue virtually on a daily basis.
Banuelia doesn’t know how she is expected to get through the next day. It all becomes too
much for Kabila and he decides to leave Banuelia and his daughter. Banuelia is now left
alone with her daughter. She sees no other alternative but to become a prostitute. She
becomes pregnant again. During this period she is unable to work. Banuelia doesn’t know
how she is expected to survive over the coming weeks and months. She asks her parents
once again for help, her grandmother has already died. The parents are unable to help her.
Banuelia gets help from her neighbours who give her food each day and from time to time
also look after the child. When Banuelia gives birth to the second child she returns to
prostitution. She gets infected with the HIV virus 461 . This is discovered during an examination
by one of the staff of the Community Rehabilitation Programme (CCBRT) 462 .
Old age
As Banuelia gets older her need for assistance becomes increasingly greater. She now has
AIDS and is very weak; on the one side as a result of the virus and on the other her physical
disability. She is now reliant 24/7 on the help of others. An employee of the “Village Health
Service” 463 contacts her. They decide together what the best would be for Banuelia. One of
her two daughters has already left home. She visits her mother regularly and helps her
where she can. The other daughter still lives with Banuelia in order to look after her mother.
This gives Banuelia strength and the knowledge that she is not all alone. At the age of 44
Banuelia dies as a result of AIDS and the lack of medical provision. 464
Quellenverzeichnis
Abel, Anania, Project coordinator of Inclusive Tanzania Consortium (ITC), In: Interview via E-mail 23.07.2010
Allianz-Mission e. V. (publ.): http://allianz-mission.de/dienste/laender/tansania/ [Status as at: 15.09.2010]
461
Anm.: 2007 trugen etwa 1,6 Millionen Menschen das Virus in sich. See Index Mundi (publ.), HIV/
AIDS [Status as at: 03.12.2010]
462
CCBRT=Comprehensive Community Based Rehabilitation for Tanzania
463
Grundlegender Baustein des Gesundheitswesens ist der „Village Health Service“. In jedem Dorf
gibt es zwei ‚‘Health Worker‘, die nach einem kurzen Training präventiv arbeiten. Oftmals gehen sie
von Haus zu Haus, um Familien individuell zu beraten.
464
See Index Mundi [Status as at: 14.09.2010]
90

Auswärtiges Amt (publ.), Tanzania: http://www.auswaertiges-amt.de/diplo/de/Laenderinformationen/01-
Laender/Tanzania.html
[Status as at: 08.09.2010]
Comprehensive Community Based Rehabilitation in Tanzania (publ.): http://www.ccbrt.or.tz/ [Status as at: 15.09.2010]
Frieder, Ludwig: Das Modell Tanzania. Zum Verhältnis zwischen Kirche und Staat während der Ära Nyerere (mit einem
Ausblick auf die Entwicklung bis 1994).Berlin 1995.
Hennefarth, Florian:
http://koptisch.wordpress.com/2010/08/23/im-islamischen-tansania-werden-albinos-an-zauberarzte-verkauft-und-geschlachtet/
[Status as at: 16.09.2010]
HIRSCHFELD, Noreen: Die wirtschaftlichen und sozialen Auswirkungen der ökonomischen Globalisierung auf Tanzania und
die Demokratische Republik Kongo: Strukturanpassung versus Kriegsökonomie. München 2009.
Inclusive Tanzania (publ.), About us: http://www.inclusive-tanzania.org/aboutus.php [Status as at: 15.09.2010]
Inclusive Tanzania (publ.), Development : http://www.inclusive-tanzania.org/inclusivedevpt.php [Status as at:
14.09.2010];
Inclusive Tanzania (publ.), Education: http://www.inclusive-tanzania.org/inclusiveedu.php [Status as at: 14.09.2010];
Inclusive Tanzania (publ.), Statistics: http://www.inclusive-tanzania.org/inclusivetz.php [Status as at: 08.09.2010];
Index Mundi (publ.): http://www.indexmundi.com/de/tansania/lebenserwartung_bei_geburt.html [Status as at: 15.06.2010]
Index Mundi (publ.), HIV/ Aids: http://www.indexmundi.com/de/tansania/hiv_aids_leben_mit_hiv_aids.html [Status as at:
03.12.2010]
International Labour Organization (publ.): http://www.ilo.org/wcmsp5/groups/public/---ed_emp/ifp_skills/documents/publication/wcms_111461.pdf
[Status as at: 16.09.2010]
International Labour Organization (publ.), About ILO: http://www.ilo.org/global/What_we_do/lang--en/index.htm [Status as
at: 15.09.2010]
IWF Statistiken: http://www.imf.org/external/country/TZA/ [Status as at: 08.09.2010]
Kees, Dr. Reinhard: http://www.berliner-missionswerk.de/weltweite-partner/tansania [Status as at: 28.07.2010]
Konrad-Adenauer-Stiftung: http://www.kas.de/proj/home/pub/31/1/dokument_id-17338/index.html [Status as at: 21.07.2010]
Ministry of labour, youth development and sports (publ.):
http://www.tanzania.go.tz/pdf/policy%20framework%20final%20social%20security.pdf [Status as at: 15.09.2010]
Müller-Mbwilo, Angela: Leben mit Behinderung in einem afrikanischen Land am Beispiel Tansanias – eine empirische Studie
in der Stadt Mwanza. Dortmund 2008.
National Bureau of Statistics (publ.): http://www.nbs.go.tz/ [Status as at: 08.09.2010]
National Bureau of Statistics (publ.), United Republic of Tanzania: http://www.tanzania.go.tz/statisticsf.html [Status as at:
08.09.2010]
National Policy on Disability: http://www.tanzania.go.tz/pdf/NATIONAL%20POLICY%20ON%20DISABILITY.pdf, S.3 [Status
as at: 08.09.2010]
National Bureau of Statistics, Statistics for development:
http://www.nbs.go.tz/index.php?option=com_content&view=article&id=97&Itemid=115 [Status as at: 08.09.2010]
Pruisken, Andreas/ Miller, Ursula; Handicap International (publ.):
http://archiv.rural-development.de/fileadmin/rural-development/volltexte/2007/03/ELR_dt_28-29.pdf, S.28 [Status as at:
14.09.2010]
Rutachwamagyo, Kaganzi, Does disability movement exist in Tanzania?:
http://docs.google.com/viewer?a=v&pid=sites&srcid=aWNkLXRhbnphbmlhLm9yZ3xpY2QtdGFuemFuaWF8Z3g6MWY0YjQ4Mz
QwZDJkMWEyMA [Status as at: 26.07.2010]
Tanzania Network (publ.): Habari, Leben mit Behinderung, Berlin, März 2010
91

The Central Intelligence Agency (CIA): http://www.imf.org/external/country/TZA/ [Status as at: 08.09.2010]
The Government of the United Republic of Tanzania (publ.), Water: http://www.tanzania.go.tz/water.html [Status as at:
18.07.2010]
The Law Reform Commission of Tanzania (publ.): http://www.lrct.or.tz/documents/REPUBLIC.pdf [Status as at: 18.07.2010]
United Nations (publ.): http://hdr.undp.org/en/media/HDR_2009_EN_Complete.pdf [Status as at: 30.11.2010]
UN, Millennium Development Goals: http://www.u-asta.uni-freiburg.de/Members/robin/uni/07.01.08%20MDGs.pdf [Status as
at: 22.09.2010]
UNDP (publ.), HDI Report 2009: http://hdr.undp.org/en/media/HDR_2009_EN_Complete.pdf [Status as at: 15.09.2010]
United Nations Development Programme (UNDP): http://www.tz.undp.org/docs/prodoc%20dg%20pwds.pdf [Status as at:
14.09.2010]
United Nations enable: http://www.un.org/disabilities/countries.asp?id=166 [Status as at: 14.09.2010]
United Nations Development Programme (publ.), Statistics: http://hdr.undp.org/en/statistics/ [Status as at: 15.09.2010]
United Republic of Tanzania (publ.), Constitution of Tanzania:
http://www.tanzania.go.tz/images/theconstitutionoftheunitedrepublicoftanzania1.pdf [Status as at: 08.09.2010]
Wehner, Jürgen, Medizinfo (Hrsg): http://www.medizinfo.de/endokrinologie/schilddruese/hypothyreose.htm und [Status as at:
15.06.2010]
Weltbank (publ.), Statistiken : www.worldbank.org/data/countrydata/countrydata.html [Status as at: 08.09.2010]
Welthungerhilfe (publ.): http://www.welthungerhilfe.de/millenniumsdoerfer.html [Standd: 22.09.2010]
WHO (publ.): http://www.who.int/disabilities/publications/concept_note_2010.pdf [Status as at: 08.09.2010]
WHO (publ.), ICIDH: http://www.who.int/classifications/icf/en/ [Status as at: 16.09.2010]
WHO (publ.), Polio: http://www.who.int/mediacentre/factsheets/fs114/en/ [Status as at: 15.06.2010]
ZDF (publ.), Der Fluch der guten Tat:
http://www.zdf.de/ZDFmediathek/kanaluebersicht/aktuellste/332#/beitrag/video/1046382/Tanzania:-Fluch-der-guten-Tat [Status
as at: 05.08.2010]
92

Synopsis for the Netherlands 465
Total population 16.6 million
People with disability (1) 2004: approx. 1.1 million (impairing disabilities)
2006: approx. 2.5 - 3 million (including minor disabilities)
Embodied within the Article 1: Ban on discrimination. Disability is not expressly
Constitution (2)
mentioned but is included.
Inclusion model (3) The aim of the policy on inclusion is to enable equal
participation in the life of the community in all areas (work,
leisure). Great importance is attached to the concept of
independence and self-determination.
Express rights and reality Right to equal treatment, right to work, support for reduced
(4)
State social welfare
benefits (5)
earnings, partly tailored specifically for people with disabilities
Guarantee of social welfare state and basic security through
the Constitution. Right to basic security. Financial support for
caring for disabled children in the home and the necessary
aids. Care and support organised through its own insurance
system. Option of person-centred budget.
Social work providers (6) Providers are primarily independent and private organisations.
The state sets the framework for the policy on the disabled and
its financing.
Financing forms (7) Social security insurances (incapacity to work pension, health
insurance) and government funds (basic security)
Religion (8) Catholic (29%), Protestant (19%), Muslim (5%), others (4%), no
affiliation with any church (42%)
Role of the Church (8) Churches carry out projects for the disabled. Some advisory
Role of informal forms of
provision (9)
institutions are religious organisations.
Significant importance of the family in the provision for people
with mental disability. Organisations of families and sufferers
are key support pillars for the network of provision.
Education (10) Inclusive child day care centres. Compulsory education for all
children, freedom of choice for inclusion in mainstream schools
or to attend special schools. Financial support for
aids/personnel for inclusion.
Future prospects (11) Society attaches great importance to inclusion. Nevertheless
disability represents a poverty risk. Threat of reduction in social
Ratification of the UN
Convention on the Rights
of People with Disabilities
welfare spending over the coming years.
Text signed on 30.03.2007
Not yet formally ratified.
Monitoring agency 1) Commission for Equal Treatment (Commissie Gelijke
Behandeling - CGB) – discrimination/inclusion general
2) Advice for people with chronic illness/disability (Chronisch
zieken en Gehandicapten Raad – CG-Raad)
Gender and disability The proportion of men with disabilities in gainful employment is
higher than that for women (figures from 1999: 74% compared
with 47%). In childhood more disabled boys than girls, reverse
is the case in old age
Special strengths Society attaches great importance to independence and selfdetermination.
Well developed system of provision. Personcentred
budget as an instrument for inclusion acts as a role
model for other countries.
465 Note: The figures in brackets indicate the chapter number in the respective country study.
93

Country Study The Netherlands
Tobias Zinser
1. People with disabilities in the Netherlands (Statistics)
According to information from the Central Office of Statistics, the population of the
Netherlands at the end of September 2010 was 16,636,637 466 . There are no current figures
available for the number of people with disabilities. The Council for People with Chronic
Illness or Disability (Chronisch zieken en Gehandicapten Raad Nederland - CG-Raad 467 ) has
collated information from various surveys conducted by the Sociaal en Cultureel Planbureau
(SCP) of the Netherlands government and gives the figures for 2010 as follows for people
with 468
mental disability: 112,000 persons (~0.7%, status as at 2001); of whom with:
- medium to severe mental disability: 57,000 persons (~0.36%, status as at 2001)
physical disability: 1.7 million persons (~10%, status as at 01.01.2006); of whom with:
- severe physical disability: 560,000 persons (~3.4%, status as at 01.01.2006)
- visual impairment: 432,000 persons (~2.6%, status as at 01.01.2006)
- hearing disability: 359,000 persons (~2.2%, status as at 01.01.2006)
This list does not take account of multiple disabilities. The percentages relate to the total
population in the respective year 469 . Taking minor disabilities and chronic disease into
account this gives the total number of people affected as between 2.5 and 3 million (~15% of
the population) 470 . Amongst children and young people the proportion is approx. 3.5% 471 .
2. Does the Constitution include references to the area of social welfare?
The Constitution of the Netherlands has its origins in the year 1815 when the state was
established as a constitutional monarchy. A parliamentary monarchy was defined as the
model in 1848. Large sections of the original text of the Constitution were revised and
redrafted in 1983. 472 The Constitution was preceded by a list of fundamental rights. Article 1
of the so-called “basic law” forbids any form of discrimination. Disability is not specifically
mentioned but the corresponding ban on discrimination comes under the description “for
other reasons”. Basic rights to social welfare were first included in the legislative text in
1983 473 , for example Article 20 which stipulates the right to social assistance for citizens of
the Netherlands who are unable to secure their own livelihood. Wealth was to be evenly
distributed and jobs secured. The commitment to the drafting of laws on social welfare is laid
down (social welfare state). In Article 22 the government is obligated to guarantee public
health provision. However, the abovementioned articles in the Constitution are only
suggested requirements and are not enforceable basic rights. In addition, in the Netherlands
there is no constitutional jurisdiction that examines these laws to determine whether they are
466
Vgl. Centraal Bureau voon de Statistiek 2009b
467
Der CG-Raad ist eine NGO, in der sich verschiedene Organisationen der Behindertenhilfe
organisieren, um politische und gesellschaftliche Veränderungen einzufordern: http://www.cgraad.nl/index.php
468
Vgl. CG-Raad 2010
469
Vgl. Centraal Bureau voon de Statistiek 2009b
470
Vgl. Ministerie van Volksgezondheit, Welzjin en Sport 2004b
471
Vgl. CG-Raad 2010:23
472
Vgl. Kortmann 2001
473
Vgl. Ministerium für Inneres und Königreichsbeziehungen 2002
94

compatible with the Constitution and whether constitutional law is further developed through
binding interpretations 474 .
3. What is the existing model of inclusion?
The Netherlands signed the text of the United Nations Convention on the Rights of Disabled
People on 30.03.2007 but has not yet formally ratified it 475 . However, the policy of the
Netherlands has already long been guided by the basic concept of the integration and
inclusion of people with disabilities. Many laws are aimed at offering high quality support for
people with disabilities, the intention being to enable them to be a fully valued member of
society 476 . In 2004 477 , based on the Constitution and the General Declaration of Human
Rights, the Department of Health came out clearly in favour of the right to equal treatment for
all people in the Netherlands. This was to encompass the freedom of choice with regard to
where to live and work as well as the recreational activities. Empowering people with
disabilities to exercise self-determination and independence is described as a task for society
as a whole. This primarily encompasses the elimination of physical, social and information
barriers. The government is intended to act as a role model even though the implementation
of a “policy on inclusion” requires motivation on the part of all those involved 478 . Equal
treatment on its own is not a policy on inclusion if people with disabilities could not participate
in public life. Accordingly, laws were passed which should enable those affected to
participate in normal working life, education and social life. New approaches for the financing
of care and support measures, such as the person-centred budget (PCB, see Point 5) are
aimed not only at the maximum possible level of self-determination but also at personal
responsibility in the use of state social benefits. This approach is also definitive in institutions
that work with people with disabilities 479 . Great importance is attached to the objective of the
maximum possible “normalisation” of the living conditions, equality and the guarantee of
participation in all social activities.
4. What express rights do people in need have?
Right to equal treatment
The “right to equal treatment for people with chronic illnesses and the disabled” (Wet Gelijke
Behandeling op grond van handicap of chronische ziekte, WGBH/CZ) which prohibits any
discrimination of the persons concerned in all areas of life, was introduced in 01.12.2003 480 .
Right to work
In Article 19 of the basic law of the Netherlands the state has an obligation to guarantee all
citizens of the Netherlands the right to a reasonable job; this includes people with disabilities.
The aim is to support the occupational integration of people with disabilities through the latest
version of the “Reintegration Act” 481 dated 29.12.2005 (Wet op de (re)integratie
arbeidsgehandicapten, REA). Employers who employ disabled personnel or who allocate
them an appropriate job can be reimbursed for the resultant additional costs 482 . Financing
474 Vgl. Lepzsy 1999
475 Vgl. UN Enable 2010
476 Vgl. SCP 2002
477 Vgl. Ministerie van Volksgezondheit, Welzjin en Sport 2004a
478 Vgl. Ministerie van Volksgezondheit, Welzjin en Sport 2004b
479 Vgl. Appel und Schaars 2006
480 Vgl. CGB 2010
481 Vgl. MISSOC 2007
482 Vgl. EASPD 2007
95

can also be provided for aids designed to preserve or restore the corresponding person’s
capacity to work.
The “law on protected employment” (in force since 01.01.1998) (Wet Sociale
Werkvoorziening - WSW) 483 gives people with disabilities the guarantee that the local
authorities will provide jobs for people who are unable to perform normal duties. The local
authorities receive grants for creating these “protective jobs”. In 2008 there were 89,817 of
these jobs 484 .
Disability and reduction in capacity to work 485,486
The reformed “Act on Employment and Income according to Capacity to Work” (Wet Werk en
Inkomen naar Arbeidsvermogen, WIA) has been in force since 01.01.2006 487 . Benefits under
this Act are paid to any person with a reduced capacity to work of at least 35%. For levels
below this the focus of the “rules on restarting work by people with partially reduced capacity
to work” (Regeling Werkhervatting Gedeeltelijk Arbeidsgehandicapten, WGA) is on
occupational rehabilitation. This is to be promoted through financial incentives for employer
and employee. The duration and level of the benefits are governed by the corresponding
person‘s degree of reduced capacity to work and age 488 .
The Law on Assistance for Young Disabled Persons Incapacitated to Work (Wet
arbeidsongeschiktheids-voorziening jonggehandicapten, Wajong) makes provision for a
minimum benefit for disabled young people. Applications for this can be made for
corresponding persons after they reach the age of 17 and with a permanent incapacity to
work of at least 25% and continues until the individual reaches the age of 65. Pupils and
students who subsequently suffer a corresponding disability prior to the age of 30 are entitled
to benefits under the Wajong.
In the event of total and permanent incapacity to work the “rules on guaranteed income for
persons fully incapacitated to work” (Regeling Inkomensvoorziening Volledig Arbeidsonge
schikten, IVA) apply. These rules guarantee a minimum income.
All three laws have provision for appeals to be made to the provider responsible
(implementing institution for employee social security - Uitvoeringsinstituut
Werknemersverzekeringen, UWV) against the categorisation of incapacity to work and an
objection filed against the decision in the District Court 489 . In 2009 approx. 795,000 Dutch
citizens received benefits as a result of reduced capacity to work 490 .
483
Vgl. European Employment Observatory 2010
484
Vgl. CG-Raad 2010:47
485
Vgl. MISSOC 2007
486
Vgl. Ministerie van Social Zaken en Werkgelegenheid 2010
487
Zuvor galt das „Invaliditätssicherungsgesetz“ (Wet op de arbeidsongeschiktheidsverzekering,
WAO), nach dem auch heute noch übergangsweise Leistungen weiter ausbezahlt werden..
488
Vgl. Europäische Kommission 2010
489
Eine Auflistung der aktuellen Zahlen über anerkannte Erwerbsminderungen findet sich unter:
http://www.uwv.nl/Images/Kwantitatieve%20informatie%20eerste%20acht%20maanden%202010%20
1.0_tcm26-256241.pdf
490
Vgl. CG-Raad 2010:48
96

5. What are the existing state social welfare benefits?
The Netherlands state guarantees financial support for every person from the age of 18 who
is unable to meet the necessary costs of living for him/herself and his/her family 491
(Employment and Social Welfare Act - Wet Werk en Bijstand, WWB). The support is granted
as the last option if there is no entitlement to other benefits. The amount of the social welfare
benefit is 50% of the net minimum salary (2006: 588.13 Euros) for single people, 70% for
sole parents and 100% for couples and families.
If a person receives other benefits, for example as a result of reduced capacity to work, that
do not meet the minimum requirements, these are topped up under the law on
supplementary benefits (Toeslagenwet, TW) to 100% of the minimum salary for couples,
90% for single parents and 70% for single persons. This guarantees the minimum level of
security for people with disabilities even if they are in receipt of other benefits.
In the Netherlands there is a legal entitlement to monthly child allowance as a support benefit
for families. For children with a disability there is additional financial support provided on top
of the child allowance (for children under 6 years: 6.47 Euros, for children from the age of 6:
75.96 Euros - status as at 2007 492 ) which has been in place since 01.01.1995. People who
look after a disabled child at home are entitled to benefits as help towards the costs of living,
with these benefits being paid by the Social Security Bank (SVB) (tegemoetkoming
onderhoudskosten thuiswonende gehandicapte kinderen, TOG).
Applications for the household aids required (e.g. wheelchairs) can be made through the
Social Support Act which came into force in 2006 (Wet maatschappelijke ondersteuning -
Wmo) 493 .
Other social welfare benefits include health insurance and protection for severe care cases
(“General Law on Costs for Special Illnesses”, AWBZ). This is intended to cover all the health
risks which are not protected under the normal health insurance (e.g. extended stays in
clinics, services for disability, psychological disorders or chronic disease). The benefits under
the AWBZ can be taken either as material benefits which are accounted for via the service
provider, or in the form of monetary benefits as a person-centred budget (PCB). Material and
monetary benefits can be combined. At the end of 2009 nearly 208,000 persons with a
disability were receiving benefits under the AWBZ 494 . The material benefits can be provided
in the form of home, part in-patient or in-patient care. Care equipment can also be provided
for up to 26 weeks. On the in-patient side the services include rehabilitation measures,
physiotherapy and occupational therapy. An income-based contribution towards the costs is
required for periods spent as an in-patient.
The person-centred budget (PCB):
The PCB was introduced in the Netherlands in 1995 and since then has been continually
further developed. The Netherlands was consequently the second country after Sweden to
introduce a statutory PCB 495 . Initially this budget was unlimited but is now calculated on
hourly rates. Up to 2003 there were four different types of PCB: for care and provision (PCB
VV), for people with mental disorders (PCB VG), for people with psychological disorders
491 Vgl. MISSOC 2007
492 Vgl. MISSOC 2007
493 Vgl. Niederländische Regierung 2010b
494 Vgl. CG-Raad 2010:43
495 Vgl. Rothenburg 2009
97

(PCB GZ), as well as for people with serious physical disability (PCB LG). Since 2003 all
people who are in need of support for longer than three months are entitled to a PCB. The
aim is to guarantee freedom of choice for the corresponding persons with regard to which
benefits they take. People with disabilities are seen as “clients” who are able to buy-in
assistance through their budget. In 2010 the government provided nearly 2 billion Euros for
the programme, although this was not sufficient to finance all applications for PCB. This has
consequently led to waiting lists which the potential benefit recipients can register to be
placed on.
In addition, it is intended to reduce the rates by 3% in 2011 496 . According to the latest figures
nearly 120,000 citizens of the Netherlands had a person-centred budget 497 .
Anyone wishing to claim the PCB benefits applies for them through so-called care
assessment agencies (Centrum Indicatiestelling Zorg - CIZ) which are independent of the
funding providers 498 who determine the precise service requirement. Instead of the
abovementioned forms of the PCB the potential service areas which have been available
since 2003 are 499 :
- home help (e.g. cleaning, washing)
- personal assistance (e.g. getting up, showering, dressing, eating)
- healthcare (e.g. dealing with medication, wound dressing)
- personal support (e.g. encouraging and maintaining independence)
- active support (e.g. discussions, training in social skills)
- temporary accommodation (e.g. at weekends)
For each of these areas the scope of the help required is calculated in hours. The level of the
individual PCB is based on the number of hours multiplied by the corresponding hourly rates.
These amounts can therefore range from a few thousand Euros up to a hundred thousand
Euros per annum. The decision on entitlement to and amount of the PCB is taken by the
social welfare office (Zorgkantoor) on the basis of the proposal from the CIZ. The individual
receives a legally binding notice of the outcome. The approval of the PCB is independent of
the individual’s assets and income and is governed purely by the requirement on the basis of
the disability.
The individuals concerned are required to make a personal contribution depending upon their
income; this varies according to the type of service: for home help it’s 60%, for personal
assistance 33%, for personal support 27% and for nursing care 20% of the calculated
budget 500 . The maximum personal contribution is 15% of the individual’s annual income, less
a flat rate of approx. 1,850 Euros 501 . The minimum personal contribution is approx. 200
Euros, the maximum just under 3,000 Euros. No personal contribution is required from
children under majority age. The balance, depending upon the total amount of the budget, is
transferred direct to the individual’s account yearly, half-yearly, quarterly or monthly. The
budget is therefore self-administered. The PCB does not count as income. It is not subject to
any taxes or social security contributions.
496
Vgl. SVB 2010
497
Vgl. Zorgvisie 2010
498
Vgl. Niederländische Regierung 2010
499
Vgl. Wacker et al. 2009, S.44
500
Vgl. Pro Saldo 2010
501
Vgl. Der Paritätische Wohlfahrtsverband 2005, S.9.
98

The individual can use his/her PCB to purchase assistance as required and therefore
personally determine which services to utilise. The services can be rendered by service
providers or employees liable to social security contributions (employer/employee
relationship). In these cases service providers are employed by way of a written contract and
liable to social security contributions. The remuneration can be negotiated individually
between PCB recipient and service provider. As an alternative the service can also be
provided through relatives or family members. There is no employment relationship in these
cases but the payment is liable to social security contributions and income tax for the service
provider. All persons employed are insured against absence (e.g. due to illness) through the
Social Security Bank (SVB) so in this case the recipient of the PCB does not have to meet
the costs twice.
Eight weeks after the end of the payment period the PCB recipient must submit receipts
relating to the use of the funding to the nursing care administration department. 1.5% of the
PCB can be utilised at the recipient’s discretion, no receipts are required. If the balance of
the funds is not used the money must be repaid. Only 10% of the annual PCB can be carried
over to the next year.
6. Who are the providers of social welfare work?
Responsibility for the policy on the disabled in the Netherlands lies with the Ministry for
Health, Welfare and Sport (VWS). It is required to work in conjunction with other departments
(e.g. Education, Home Construction) to formulate and implement guidelines on the policies
for people with disabilities 502 . In many areas the local authorities are tasked with the local
implementation and provision of financial support for the inclusion measures. However, a
significant amount of the practical implementation is done through private and civil society
initiatives and organisations; this is also stipulated in law 503 . In particular the nursing services,
as part of the help for the disabled, are rendered by private service providers. These have
grouped together in umbrella organisations such as the Vereniging Gehandicaptenzorg
Nederland (VGN) 504 . On the government side the organisation MEE (previously: Social
Educational Services - SPD) is at the disposal of the corresponding persons, as a low
threshold offering. This organisation offers advice on the choice of service provider and in the
areas of education, accommodation, work, income, transport or leisure activities 505 . Advice is
also offered by organisations for the disabled and their families (see Point 9).
The majority of people with a physical disability live independently, whilst the proportion of
those with mental disorders living in sheltered accommodation is higher. According to the
Sociaal en Cultureel Planbureau the distribution between the various forms of
accommodation is as follows for 2001 506 : 40% live with their families, 20% supported in
independent forms of accommodation and 40% in permanent residential facilities. In 2003
there were 56,309 places on offer in permanent and outpatient forms of accommodation for
people with mental disorders in the Netherlands 507 . There were 17,486 places available in
the day care area (mental disorder) resp. 2,156 (physical disability). Legal entities of smaller
502
Vgl. Ministerie van Volksgezondheit, Welzjin en Sport 2004b
503
Vgl. Europäische Kommission 2010
504
Vgl. VGN 2010
505
Vgl. Duberatz 2009, Ministerie van Volksgezondheit, Welzjin en Sport 2004a; Internetpräsenz:
http://www.mee.nl/
506
Vgl. SCP 2002
507
Vgl. Ministerie van Volksgezondheit, Welzjin en Sport 2010
99

esidential facilities are often foundations that are partially funded through relatives’
organisations, whilst larger facilities are financed by the state. In order to enhance their
effectiveness many foundations have grouped together under umbrella associations.
In the area of work, the state is endeavouring to shift the function of creating inclusion for
people with disabilities to the private sector through refinancing options. This gives rise to
models such as the so-called “care farms” on which people with disabilities can work for a
temporary period 508 . The financing for the work on integration is provided via the AWBZ (see
Point 7) in the form of material benefits or through the person-centred budget 509 .
7. What forms of financing are recognised by the corresponding system?
In the Netherlands the financing of the social benefits is provided on the one side through
insurance systems and on the other through taxation. The insurance schemes in the
Netherlands are on the one side the universal national insurance (retirement pension,
survivors pension, child allowance – responsibility of the Social Security Bank), secondly, the
employees’ insurance (unemployment and incapacity to work insurance) and thirdly the
health insurance company which also covers the financing for nursing care assistance 510 .
The basis for the financing of nursing care assistance for people with disabilities is the
“General Law on Costs for Special Illnesses” (AWBZ) dated 14 December 1967 (see Point
5). This is a national social welfare scheme to which all employees contribute according to
their level of income. In 2008 benefits totalling 21.26 billion Euros were provided via the
AWBZ for material benefits and PCBs 511 .
Other social benefits, such as support funds in the household for people with disabilities,
grants for protective workshops or jobs, meeting contributions for childcare facilities,
supplementary minimum security (social assistance) are all financed out of taxation.
8. What role does the Church play in the provision of social care?
In the Netherlands 29% of the population belong to the Roman Catholic Church, 19% are
Protestants (mostly Calvinists), 5% Muslims, 4% belong to other religious faiths. 42% of the
citizens in the Netherlands describe themselves as “not belonging to any church” 512 . At the
beginning of the 20 th Century, in addition to socialistic and liberal forces, the Christian
churches were predominant in shaping the political and social system of the Netherlands. For
example, there were parties and trades unions with denominational ties 513 . Many areas of
society were structured closely in accordance with denominational affiliations 514 . Today, this
“denominationalism” has extensively lost its political influence although religious
organisations remain active in the area of social welfare 515 . For the Protestant churches, the
organisation Church in Action (Kerk in Actie) carries out social projects all over the world,
508
Vgl. FiBL 2006:7
509
Nähere Informationen auf der Internetpräsenz http://www.landbouwzorg.nl/index.php Informationen
sind unter http://www.landbouwzorg.nl/index.php?pagid=164 auch auf Englisch, Deutsch und
Französisch verfügbar.
510
Vgl. Niederländische Botschaft 2010
511
Vgl. Centraal Bureau voor de Statstiek 2008
512
Vgl. Auswärtiges Amt 2010
513
Vgl. Van der Laan 1997:127
514
Vgl. Schutte 2004:169
515
Beispielsweise werden konfessionell gebundene Seelsorger entsandt, die im Dienst des Staates in
Altersheimen, Krankenhäusern oder der Strafgefangenenhilfe tätig sind. Vgl. z.B.
http://www.dji.nl/Organisatie/Locaties/Landelijke-diensten/Dienst-Geestelijke-Verzorging/Organisatie/
100

including in the Netherlands 516 . The churches are also active in the subject of inclusion for
people with disabilities. In October 2003 the Inter-Church Commission for the Integration of
Disabled People in the Netherlands (Interkerkelijke Commissie Integratie Gehandicapten -
ICIG) in cooperation with EDAN (Ecumenical Disability Advocates Network) of the
Ecumenical Council of Churches, staged a European congress on the role of people with
disabilities in the churches and theology 517 . The closing declaration included a call for a
paradigm change towards inclusive theology 518 ; this is also intended to lead to increased
participation by people with disabilities on all hierarchical levels of the Church. The inclusion
of disabled people in the life of the community is being actively promoted by the ecumenical
platform “Samen Geloven? – Gewoon Doen” (Believe together? – making it easy) 519 .
Information on the barrier-free access to churches is offered by “kom beter binnen” (easy
access) 520 . “Ker en WMO” (Church and WMO) provides Christians working on a voluntary
basis with information on how they can be actively involved in the implementation of the
Social Support Law 521 . Some of the relatives’ organisations for people with disabilities also
have a religious background and invoke Christian principles in their work 522 .
9. What is the importance of informal forms of care such as e.g. families? 523
The policy of the Netherlands on inclusion is aimed at offering families with disabled children
the support they need so that the persons concerned are able to develop as far as possible
in a way that enables them to subsequently live an independent life. The family plays a key
role, particularly until the child reaches majority age, often continuing this role in adulthood. A
majority of those with physical disabilities live independent lives. There is a higher proportion
(40%) of people with mental disorders living with their families. This is normally the case with
less serious limitations. Many parents express the need to enable their children with
disabilities to live an independent life but often see the opportunities to achieve this as being
inadequate. One reference to the social integration of disabled people is the membership of
organisations. According to details from the Sociaal en Cultureel Planbureau the proportion
of people with mental disorders who have joined an organisation or club is nearly 50%.
However, in most cases these are organisations which are used primarily by the persons
concerned. At 25%, the proportion of people with mental disorders who receive informal
support from neighbours (outside the family) is higher than that for persons who use
professional nursing care services in the household.
In the Netherlands there is a long-established tradition of parents’ and families’ organisations
as well as organisations for the persons concerned. They act jointly, representing the political
interests of the persons concerned and also offering advice and support for other family
members and people with disabilities. Examples of this are the organisations “Per Saldo“ 524 ,
516
Nähere Informationen unter http://www.kerkinactie.nl/
517
Nähere Informationen unter http://www.kerkenhandicap.nl/index.htm
518
Vgl. Kerkenhandicap 2010
519
Informationen unter http://www.sggd.nl; Inklusives Material zu Gemeindepädagogik und Liturgie
wird dort zur Verfügung gestellt:
http://www.sggd.nl/index.php?option=com_content&task=view&id=10&Itemid=11
520
Informationen über barrierefreie Kirchenzugänge können unter
http://www.kombeterbinnen.nl/index.php abgerufen werden.
521
Vgl. http://www.kerkenwmo.nl/
522
Siehe zum Beispiel: http://www.philadelphiasupport.nl/home, www.ditkoningskind.nl,
www.helpendehanden.nl, www.opwegmetdeander.nl
523
Vgl. SCB 2002
524
Nähere Informationen unter http://www.pgb.nl/persaldo
101

in which people with disabilities are offered advice on the person-centred budget, or the
families’ organisation “Naar Keuze“ 525 for family dependants of recipients of the personcentred
budget. In 2008 there were 178 registered organisations for those correspondingly
disabled 526 .
10. How is the educational system structured? 527
The educational system in the Netherlands is strongly orientated towards the inclusion of
persons with disabilities. During the initial years disabled and able-bodied people mix
together. In the child day care centres (ages: 6 weeks to 13 years) there are numerous
institutions that also accept children with disabilities (kinderopvang plus) and who employ
staff with additional special education training. In some cases employees with disabilities
also work in these institutions. The costs for the child day care centres can be funded or
borne by employers or the local authority (limited numbers).
For the primary area of the education system (4-12 years), in which nurseries and primary
schools are combined together in the form of whole day schools, parents have the freedom
of choice to send their child to a mainstream school (basisonderwijs) or a special school for
people with disabilities (speciaal onderwijs). There are special schools for those with visual
disabilities, hearing disabilities, physical/mental disabilities and for children with
psychological disorders/learning difficulties. However, the aim of the education policy is as
far as possible to enable children with disabilities to be integrated within the mainstream
schools. In 2002 half of the children concerned had attended a mainstream school for at
least a few years 528 . On 01.08.2003 the Education Financial Support Act (leerlinggebonden
financiering) came into force. Parents can apply to the regional care assessment agency
(Centrum Indicatiestelling Zorg, CIZ) for financial support for their child. If the child is unable
to attend school under normal conditions this agency will approve financial assistance. This
assistance is made available to the mainstream or special school concerned in order to pay
for teaching assistants and the necessary teaching aids for the lessons. The funds are
applied in accordance with an action plan which is formulated jointly between the school and
parents. The programme is intended to facilitate freedom of choice for the parents in the type
of school for their child. Where indicated accordingly, transportation to the school must also
be provided free of charge by the local authorities. These same development opportunities
exist for the secondary level.
Various measures are in place to facilitate studying for people with disabilities or chronic
illness in the Netherlands. For example, they have a longer term entitlement to financing for
study purposes. For support purposes most of the universities have special representatives
for the disabled people to provide advice and support. There is also the possibility of
assistance through individual contact partners and, on application, for supporting teaching
aids. There is a website for disabled students containing helpful information on studying in
the Netherlands 529 .
525 Übersetzung: „Nach freier Wahl“. Nähere Informationen unter http://www.naar-keuze.nl/Home;
weitere Vereinigungen unter http://www.naar-keuze.nl/Links/Ouderverenigingen
526 Vgl. CG-Raad 2010: 49
527 Vgl. Brandt 2003
528 Vgl. SCP 2002
529 http://www.handicap-studie.nl/
102

For disabled persons in employment who are no longer able to perform their previous tasks
there is the option of getting financial assistance for additional or retraining. The basis for this
is the law entitled “Wet op de (Re-)integratie Arbeidsgehandicapter” (REA). There is the
option of attending retraining activities especially for people with disabilities, with these
measures being offered by the five work integration centres (arbeidsintegratie-centras).
11. What are the prospects for people with disabilities?
The system in the Netherlands is extensively aimed at inclusion for people with disabilities.
Starting with infant education there are legal entitlements to support in the efforts aimed at
creating social inclusion. The objective is to enable people with disabilities to as far as
possible to lead independent lives and exercise self-determination. At the same time, special
schools and protective workshops offer alternatives for disabled people who do not feel they
are able to cope with this challenge. Thanks to their approaches in this context the
Netherlands is repeatedly quoted as a role model within Europe and the country’s policy acts
as a model for other countries 530 . However, the Social and Cultural Planning Office 531 still
sees major challenges ahead for the system. For example, nearly all people with mental
disabilities live on a very low income. Just 38% of people with disabilities are in gainful
employment, 23% of people with a physical disability experience social exclusion for financial
reasons. Up to 40% of people with a mental disability expressed the need to get out more
and pointed to the lack of social contact as a barrier. In conclusion, the report states that the
progress achieved in the Netherlands must be viewed as positive, nevertheless the country
was still not yet sufficiently open to people with disabilities. The intention of the government
to reduce social welfare benefits or set maximum limits on annual expenditure, as is currently
being pursued with the individual related budget, could prove problematical 532 . Some of those
affected will have their right of choice of their required lifestyle taken away from them, at least
temporarily, through waiting lists.
12. Case study the Netherlands - Ruben
Infancy
Shortly after Ruben is born in Utrecht the doctors in the hospital informed the parents that
their son has the Down’s Syndrome. After a short period of uncertainty the parents turn to an
organisation of families of people with disabilities in order to find out how they can make their
son’s life as normal as possible. They learn that they are entitled to state support. For the
first two years of his life the mother decides to care for her son at home. To help with this the
family receives additional financial benefits from the Social Security Bank (SVB) in
accordance with the law on assistance with maintenance costs for children with disabilities
and living at home (TOG) 533 . Using this money the family is able to pay for an educational
specialist on an hourly basis to carry out early learning development measures. When Ruben
reaches the age of three his parents register him at a child day care centre. This enables the
mother to return to work which in turn improves the family’s financial situation. The parents
decide on an inclusive day care centre (kinderopvang plus). The aim is for Ruben to be
530
Vgl. Ministerie van Volksgezondheit, Welzjin en Sport 2004b, S.4
531
Vgl. SCP 2002
532
Vgl. SVB 2010
533
Vgl. MISSOC 2007; Das Geld wird zusätzlich zum regulären Kindergeld bezahlt, beide werden
nicht als Einkommen gewertet und sind steuerfrei.
103

integrated into the social life from the outset. The financing for the day care centre is met by
the local authority as Ruben’s parents are only on a low income 534 . The family’s neighbours,
whose daughter Ana also has a mental disability, get no support from the local authority.
Consequently, the company in which Ana’s parents work meet 75% of the costs so the family
can afford the child day care centre for Ana 535 . The company is able to offset this expenditure
as operating costs and also wants to demonstrate its social commitment. Ruben spends two
years in the day care centre at which trained specialist personnel work on his targeted
development.
School
At the age of five Ruben has the option of moving up to the education system’s primary
schooling 536 . His parents discuss whether he should attend the special school for children
with disabilities (speciaal onderwijs) or whether he should go to a mainstream school 537 . His
father has concerns that the demands in the mainstream school could be too much for
Ruben whilst his mother does not want him to be set apart from his peers. They again obtain
advice from the families’ organisation and learn that there is the option of applying for
financial development assistance for his schooling. They subsequently contact the regional
care assessment agency Centrum Indicatiestelling Zorg, CIZ) 538 where an interdisciplinary
specialist group assesses Ruben’s support needs. The group comes to the conclusion that
because of the Down’s Syndrome Ruben can only attend a mainstream school if he receives
support. He therefore receives benefits under the law on financial development assistance
for schooling (leerlinggebonden financiering) 539 . Ruben is to go to a school which is known
for its ability to properly integrate children with Down’s Syndrome. At a meeting Ruben’s
parents and the school Board decide on the most appropriate use of the funds provided. A
class assistant is employed for Ruben and another boy with Down’s Syndrome to assist both
of them in their lessons on an hourly basis. The school also purchases teaching materials
which enables children with Down’s Syndrome to improve their learning. Ruben attends the
primary level up to the age of 12. He has a number of friends amongst his classmates,
including children without disabilities. Every day he meets Ana, who is attending a special
school for children with mental disabilities, on the small bus that takes them to school.
Because of their disabilities the cost of transportation to school for both children is met by the
local authority.
Leisure
Ruben is a great football fan. At the age of 8 his classmates ask him whether he would like to
join the football club. He fits in very well with the team and thoroughly enjoys the training
sessions. Although his footballing skills are not particularly prominent the trainer always lets
him play in games once the team has already won the match. This gives Ruben a sense of
534
Vgl. Brandt 2003
535
Die Finanzierung von Kindertagesstätten über die Gemeinde ist begrenzt und vor allem für sozial
schwache Familien reserviert. Für die anderen Familien bleibt nur die Möglichkeit der Finanzierung
über ihre/n Arbeitgeber/in oder die Eigenfinanzierung.
536
Der Primärbereich umfasst das Alter von 4-12 Jahren In ihm wurden Kindergarten und die frühere
Grundschule zusammengelegt.
537
Die Entscheidung für eine Regel-/ Spezialschule ist den Eltern frei überlassen. Die finanziellen
Förderhilfen werden für beide Schulformen ausbezahlt.
538
Eine zentrale Seite der regionalen Büros findet sich unter: http://www.ciz.nl/
539 Vgl. Brandt 2003
104

elonging. His team actually wins the regional championships on one occasion and Ruben
enthusiastically celebrates this success.
Youth, training and transition to working life
After the primary level Ruben attends the secondary level for four years. Despite various
difficulties he succeeds in making significant learning progress thanks to the special support
he receives. However, when he reaches the age of 16 it becomes clear that even with the
targeted support Ruben will not gain his secondary school leaving certificate. Together with
his parents he decides to start vocational training. The company that employs Ana’s parents
offers two carpentry training places for people with disabilities. The company has established
these via the law on the (re)integration of people with disabilities into working life (Wet op de
(re)integratie arbeidsgehandicapten) 540 with the additional costs incurred being reimbursed
by the state. Ruben and Ana are given the two places and work in the same department. A
short time later they are a couple and are considering living together.
Young adulthood
When he reaches 17 Ruben’s parents apply for benefits for him as a result of his reduced
capacity to work. The categorisation is determined by the Implementing Institute for
Employee Social Security (Uitvoering Werknemersverzekeringen, UWV 541 ). Since Ruben has
fewer restrictions than other persons affected, because his Down’s Syndrome is less
prominent, his reduced capacity to work is assessed at 25%. Ruben receives future benefits
in accordance with the law on assistance for young disabled persons incapacitated to work
(Wajong 542 ). At the age of 19 Ruben and Ana end their training and because of their good
record they are subsequently taken on in the company’s carpentry department. Although
their salaries are below the statutory, guaranteed minimum, together with the benefits as a
result of his reduced capacity to work, Ruben earns a sufficient income and is not reliant on
further state benefits. At the age of 20 Ruben informs his parents that he wants to move in to
an apartment together with Ana. He wants to live an independent life like everyone else.
However, since the young couple know that they will be reliant on support in their day-to-day
lives they decide to take advantage of the “person-centred budget”. Ruben submits a
corresponding application to the relevant care assessment agency (Centrum Indicatiestelling
Zorg, CIZ). The agency examines the support needs which, in Ruben’s case, are determined
primarily as being in the areas of “home help” and “support assistance”. The amount to which
he’s entitled is calculated on the basis of the support needs and hourly rates 543 . However,
since Ruben submits the application in October the funds for “person-centred budgets” made
available by the government have already been allocated 544 . Ruben, like Ana, is placed on a
waiting list. In the transitional period both would be entitled to material benefits under the
Care Act (AWBZ) but they decline them. At last, from June of the following year Ruben
receives his “person-centred budget”. In the meantime, with the help of an organisation for
Down’s Syndrome sufferers, he and Ana have found a reasonable rented apartment and now
540 Vgl. MISSOC 2007
541 Siehe http://www.uwv.nl/index.aspx
542 Vgk. MISSOC 2007
543 Das personengebundene Budget wird einkommensunabhängig ausbezahlt. Das Geld kann auch
für Pflegebereiche verwendet werden, für die im Gutachten kein Bedarf festgestellt wurde. Die
Entscheidung liegt bei der Person, der das Geld zur Verfügung gestellt wird.
544 Die Mittel, die in den Niederlanden für personengebundene Budgets zur Verfügung stehen, sind
jährlich begrenzt. Vgl. SVB 2010
105

move into it. They finance the apartment using their salaries from their work in the carpentry
department.
Adulthood
Ruben and Ana live together as a couple in their own apartment. With the person-centred
budget they buy in the necessary support using specialist educational and care personnel.
They utilise organised care services or employ individual specialists, liable to social security
contributions, through a contract of employment 545 . Initially they obtain advice from their
parents when concluding the contracts but as they get older they have enough experience to
do this on their own. Sometimes they obtain advice from an organisation for sufferers of
Down’s Syndrome. Both pay a small personal contribution and finance the balance of the
costs from their budget which is available for them to use at their discretion. Every halfyear
546 Ruben has to submit a statement of expenditure in order to prove how he has used
his person-centred budget. This is a major and very stressful task for him each time. He does
not understand many of the documents that have to be filled out. Without the support of the
Advisory Service MEE 547 he would be unable to complete this task. When Ruben and Ana
reach the age of 40 the new boss of the company informs them that as a result of the
economic crisis he is only able to finance one job for people with disabilities. After consulting
their relevant organisation the two agree that Ana will continue working. Ruben becomes
unemployed and in addition to his benefits under the Wajong soon receives a top-up under
the law on supplementary benefits (Toeslagenwet, TW) 548 so that Ruben and Ana can at
least maintain a minimum standard of living and continue to finance their apartment.
Nevertheless, over the next three years they have to watch their money very closely and find
it difficult to afford new purchases. Ruben is unable to find a job as only a few companies are
taking on people with disabilities during periods of economic crisis. It is not until the situation
in the Netherlands improves that he is re-employed by his old company.
Old age
Ruben works in the carpentry department up to the age of 53. Because of his age and
disability the work then becomes too stressful for him. He has his reduced capacity to work
reassessed and is categorised as permanently incapacitated to work. He now receives
benefits under the rules on a guaranteed income for people permanently incapacitated to
work (IVA) 549 . He receives these benefits until he reaches retirement age. In the subsequent
years Ruben is engaged in work within the Down’s Syndrome organisation 550 where he
advises people with disabilities who wish to apply for a person-centred budget. Once they
reach the age of 65 Ana and Ruben receive a low pension which is calculated on the basis of
their previous employment activity. As both pensions place them below the statutory
minimum income they receive supplementary social assistance. They continue to receive the
individual related budget. Ruben dies shortly afterwards at the age of 68.
545
Vgl. Niederländische Regierung 2010
546
Der Abrechnungszeitraum richtet sich nach der Höhe des Budgets und kann von monatlich bis
jährlich variieren. Vgl. CG-Raad 2010
547
Siehe http://www.mee.nl/ und Duberatz 2009 - es handelt sich im einen staatlich organisierten
Beratungsdienst für Menschen mit Behinderung (früher Sozialpädagogischer Dienst).
548
Vgl. MISSOC 2007
549 Vgl. MISSOC 2007
106

Quellen
Appel M und Schaars WK: Anleitung zur Selbstständigkeit – Wie Menschen mit geistiger Behinderung Verantwortung für sich
übernehmen. 3. Auflage. Weinheim und München 2006.
Auswärtiges Amt: Niederlande. http://www.auswaertiges-amt.de/DE/Aussenpolitik/Laender/Laenderinfos/01-
Nodes_Uebersichtsseiten/Niederlande_node.html [status as at: 05.12.2010]
Brandt R: Zur Situation der schulischen Integration gehandicapter und lernbeeinträchtigter Kinder in den Niederlanden. E-Book.
Hildesheim 2003.
Centraal Bureau voon de Statistiek: Gezondheid en zorg in ciifers 2009. Den Haag/Heerlen 2009a.
http://www.cbs.nl/NR/rdonlyres/CC6F3071-309A-4D3C-B42B-2772F4C3F464/0/2009c156pub.pdf [status as at: 14.11.2010]
Centraal Bureau voon de Statistiek: Population and population dynamics; month, quarter and year. Den Haag/Heerlen 2009b.
http://statline.cbs.nl/StatWeb/publication/?DM=SLEN&PA=37943eng&D1=0-
9&D2=16,33,50,67,84,101,118,133,135,152,169,186,203,220,237,250-
266&LA=EN&HDR=T&STB=G1&CHARTTYPE=1&VW=T [status as at: 14.11.2010]
CGB – Commissie Gelijke Behandeling: Wet gelijke behandeling op grond van handicap of chronische ziekte (WGBH/CZ).
http://www.cgb.nl/artikel/wet-gelijke-behandeling-op-grond-van-handicap-chronische-ziekte-wgbhcz [status as at: 24.11.2010]
CG-Raad: Feiten en cijfers chronisch zieken en gehandicapten. Utrecht 2010. [Zur Verfügung gestellt auf E-Mail-Anfrage]
DUBERATZ M: Das personengebundene Budget für Menschen mit Behinderungen – Evaluation der Umsetzung am Beispiel
der Stadt Schwerin. In: Wismarer Diskussionspapiere 02/2009. http://www.wi.hs-wismar.de/~wdp/2009/0902_Duberatz.pdf
[status as at: 14.11.2020]
Der Paritätische Wohlfahrtsverband: Das Persönliche Budget in den Niederlanden. Mainz 2005.
EASPD: An international comparison of methods of financing employment for disadvantaged people. Brüssel 2007.
http://www.easpd.eu/LinkClick.aspx?fileticket=30633366354C4D6E6C66553D&tabid=4954&stats=false [status as at:
24.11.2010]
Europäische Kommission: Beschäftigung, soziale Angelegenheiten und Chancengleichheit: Koordinierung der Systeme
sozialer Sicherheit.
http://ec.europa.eu/employment_social/social_security_schemes/national_schemes_summaries/nld/2_04_de.htm [status as at:
24.11.2010]
European Employment Observatory: Gesetz über geschützte Beschäftigung. http://www.eu-employmentobservatory.net/ersep/NL_D/00804972.asp
[status as at: 24.11.2010]
FiLB Deutschland e.V.: Schaffung von Arbeitsplätzen für Menschen mit Behinderung in landwirtschaftlichen Betrieben.
Frankfurt 2006. http://www.oekolandbau.de/fileadmin/redaktion/dokumente/erzeuger/projekt_arbeitsplaetze.pdf [status as at:
24.11.2010]
Kerkenhandicap: Statement – For a change. http://www.kerkenhandicap.nl/statement.htm [status as at:2512.2010]
Kortmann CAJM: Constitutioneel recht. 4.Auflage, Deventer 2001.
Lepszy N: Das politische System der Niederlande. In: Ismayr W (Hrsg.): Die politischen Systeme Westeuropas. 2. Auflage,
Opladen 1999. S.331-65.
Ministerie van Social Zaken en Werkgelegenheid: A short Survey of Social Security in the Netherlands. Januar 2010.
http://docs.minszw.nl/pdf/135/2010/135_2010_1_25528.pdf [status as at: 25.11.2010]
Ministerie van Volksgezondheit, Welzjin en Sport: Nationale Atlas Volksgezondheit. Version vom 23. September 2010.
http://www.zorgatlas.nl [status as at: 24.11.2010]
Ministerie van Volksgezondheit, Welzjin en Sport: People with disability in the Netherlands – the government’s health and
welfare policy. Den Haag 2004a. http://english.minvws.nl/en/folders/zzoude_directies/dgb/2005/factsheet-the-governmentshealth-and-wellfare-policy.asp
[status as at: 24.11.2010]
Ministerie van Volksgezondheit, Welzjin en Sport: Equal treatment in practice – vision and measures for people with
disabilities, make it happen! Ohne Ort 2004b. http://english.minvws.nl/en/reports/zzoude_directies/dgb/2004/equal-treatment-inpractice.asp
[status as at: 25.11.2010]
Ministerium für Inneres und Königreichsangelgenheiten: Die Verfassung des Königreichs der Niederlande 2002. Ohne Ort
2002. http://www.minbuza.nl/dsresource?objectid=buzabeheer:32755&type=pdf [status as at: 24.11.2010]
MISSOC: Soziale Sicherheit in den Mitgliedstaaten der Europäischen Union, im Europäischen Wirtschaftsraum und in der
Schweiz - Vergleichende Tabellen Teil 5: Luxemburg, Ungarn, Malta, Niederlande.
Ohne Ort. 1. Januar 2007. http://ec.europa.eu/employment_social/missoc/2007/tables_part_5_de.pdf [status as at: 24.11.2010]
Niederländische Botschaft: Soziale Sicherheit. 2010.
http://bln.niederlandeweb.de/de/content/community/Soziales/sozial/start_html/viewHTML [status as at: 25.11.2010]
Niederländische Regierung: Hoe krijg ik een persoonsgebonden budget (pgb)?
http://www.rijksoverheid.nl/onderwerpen/persoonsgebonden-budget/vraag-en-antwoord/hoe-krijg-ik-een-persoonsgebondenbudget-pgb.html#anker-pgb-voor-awbz-voorzieningen
[status as at: 14.11.2010]
Niederländische Regierung: Wet maatschappelijke ondersteuning (Wmo). 2010b.
http://www.rijksoverheid.nl/onderwerpen/wet-maatschappelijke-ondersteuning-wmo [status as at: 24.11.2010]
Niederländische Regierung: Wat is de Algemene Wet Bijzondere Ziektekosten (AWBZ) en wie is daarvoor verzekerd? 2010a.
http://www.rijksoverheid.nl/onderwerpen/algemene-wet-bijzondere-ziektekosten-awbz/vraag-en-antwoord/wat-is-de-algemenewet-bijzondere-ziektekosten-awbz-en-wie-is-daarvoor-verzekerd.html
[status as at: 14.11.2010]
550 In den Niederlanden gibt es zahlreiche Betroffenenorganisationen, in denen Menschen mit
Behinderung einander gegenseitig Beratung und Unterstützung anbieten.
107

Per Saldo: The composition of your budget. http://www.pgb.nl/persaldo/over-per-saldo/takingcontrol/?waxtrapp=ketvrMsHcwOhcPjBCaBA
[status as at: 14.11.2010]
Rothenburg EM: Das persönliche Budget – Eine Einführung in Grundlagen, Verfahren und Leistungserbringung. Weinheim und
München 2008.
UN Enable: Convention and Optional Protocol Signatures and Ratifications. http://www.un.org/disabilities/default.asp?id=475
[status as at: 24.11.2010]
Van der Laan G: Soziale Arbeit in den Niederlanden. In: Puhl R und Maas U (Hrsg.): Soziale Arbeit in Europa –
Organisationsstrukturen, Arbeitsfelder und Methoden im Vergleich. Weinheim und München 1997. S.125-142.
SCP – Sociaal en Cultureel Planbureau: Rapportage gehandicapten 2002. Den Haag Juli 2002.
http://www.scp.nl/dsresource?objectid=21082&type=org [status as at: 24.11.2020]
Schutte GJ: Eine Calvinistische Nation? Mythos und Wirklichkeit. In: Wielenga F und Taute I (Hrsg.): Länderbericht
Niederlande. Geschichte – Wirtschaft – Gesellschaft. Bonn 2004. S.131-187.
SVB: Servicebericht PCB. Oktober 2010. http://www.svb.nl/Images/Servicebericht%20%23%2020%20(okt%202010).pdf [status
as at: 14.11.2010]
VGN – Vereniging Gehandicaptenzorg Nederland: Over de VGN. http://www.vgn.nl/overdevgn [status as at: 28.11.2010]
Wacker E, Wansing G, Shäfers M: Personenbezogene Unterstützung und Lebensqualität – Teilhabe mit einempersönlichen
Budget. 2.Auflage, Wiesbaden 2009.
Zorgvisie: Klink stopt uitgave persoonsgebonden budget. 25.06.2020. http://www.zorgvisie.nl/Financien/Klink-stopt-uitgavepersoonsgebonden-budget.htm
[status as at: 14.11.2010]
108

List of abbreviations
AACD Associação de Asisstenência de
Crianças e Deficiênciente
A.A.H. Allocation aux adultes handicaps
ADAPPH Association pour le Développement
de l’Accompagnement à la
Parentalité des Personnes Handicapées
AEEH L’allocation d’éducation de
l’enfant handicapé
AGG Allgemeines Gleichstellungsgesetz
AICT African Inland Church Tanzania
AIDS Acquired Immune Deficiency
Syndrome
A.N.P.H Autoritatea Nationala pentru
Persoanele cu Handicap
APA Allocation Personnalisée
d’Autonomie
APAE Associação dos país e amigos dos
excepcionais
APP L’allocation de présence parentale
A.S.M. Assistantes Specialisees d’ecole
Maternelle
AWBZ Algemene Wet Bijzondere
Ziektekosten
AWO Arbeiterwohlfahrt
BGG Behindertengleichstellungsgesetz
BIP Bruttoinlandsprodukt
BMAS Bundesministerium für Arbeit
und Soziales
C.A.M.S.P. Centre d’Action Médico-
Sociale Précoce
CAF Caisses d’allocations familiales
CBR Community-Based-Rehabilitation
CCBRT Comprehensive Community
Based Rehabilitation for Tanzania
CDAPH Commission des Droits et de
l’Autonomie des Personnes Handicapées
CERVAC Centro de Reabilitação e
Valorização da Criança
CFE-CGC Confédération Francaise de
l’Encadrement
et Confédération Générale
des Cadres
CIZ Centrum Indicatiestelling Zorg
CLIS Classes d’intégration scolaire
CMU Couverture de maladie universelle
CNBB Conferencia Nacional dos Bispos
do Brasil
CONADE Conselho Nacional dos Direitos
da Pessoa Portadora de Deficiência
CORDE Coordenadoria Nacional para
integração da Pessoa Portadora de
Deficiência
CRDS Contribution au Remboursement
de la Dette Sociale
CSG Contribution Sociale Généralisée
Destatis Statistisches Bundesamt
Deutschland
DPO Disabled People Organisations
(Organisationen von Menschen mit
Behinderung)
DREES Direction de la recherche, des
études,
de l’évaluations et des statistiques
DWW Diakonisches Werk Württemberg
EDAN Ecumenical Disability Advocates
Network
ESAT Etablissement et Service d’Aide par
le Travail
109

ELCT Evangelical Lutheral Church
Tanzania
ESCAP Economic for Social Commission
for Asia and Pacific
EU European Union
EUROSTAT Statistisches Amt der
Europäischen Union
FGV Fundação Getúlio Vargas
FNDS Fundo nacional de Assistência
social
GdB Grad der Behinderung
GG Grundgesetz
GTZ Deutsche Gesellschaft für
Technische Zusammenarbeit
HDI Human Development Index
HID Handicaps-Incapacités-Dépendance
HIV Humane Immundefizienz-Virus
IAF Institut für Angewandte Forschung
IBGE Instituto Brasileiro de Geografia e
Estatística
ICIG Interkerkelijke Commissie Integratie
Gehandicapten
ILO International Labour Organization
INSEE Institut National de la Statistique et
des Études Économiques
IME Instituts Médico-Educatifs
IMP Instituts Médico-Pédagogiques
IMPRO Instituts Médico-professionnels
I.P.I. Imposto sobre Produtos
Industrializados
IVA Regeling Inkomensvoorziening
Volledig Arbeidsonge schikten
IWF Internationaler Währungsfonds
KEAD Korean Employment Agency for the
Disabled
KISE Korean Institute for Special
Education
KIST Korean Institute of Science and
Technology
LDB Lei de Diretrizes e Bases da
Educação
MDPH Maison departemantes des
personnes handicapees
MDS Ministério do Desenvolvimento
Social e Combate à Fome
MOEC Ministry of Education and Culture
MOST Ministry of Science and Technology
MoSTH Ministry of Science, Technology
and Higher Education
MPS Ministerio previdência social
MSA Mutualité sociale agricole
NBS National Bureau of Statistics
NGO Non-Government-Organization
OECD Organisation for Economic Cooperation
and Development
PGB Persoonsgebonden Budget
PDO Pro-Disability Organisations
PISA Programme for International Student
Assessment
P.P.S. Projet Personalisé de Scolarisation
REA Wet op de (re)integratie
arbeidsgehandicapten
RMI Revenu Minimum d`Insertion
S.A.F.E.P. Service d’Accompagnement
Familial et d’Education Précoce
SCP Sociaal en Cultureel Planbureau
110

SDH Secretaria dos direitos Humanos
SEAS Secretaria de Estado da
Assistência Social
S.E.E.S Service d’Education et
d’Enseignement Spécialisé
SEPA Special Education Promotion Act
SEGPA Sections d’enseignements
généraux et professionnels adaptés
SENAC Serviço Nacional de
Aprendizagem Comercial
SENAI Serviço Nacional de Aprendizagem
Industrial
SGB Sozialgesetzbuch
SNDP Subsecretaria Nacional de
Promoção dos Direitos da Pessoa com
Deficiência
S.S.E.F.I.S. Service de Soutien à
l’Education Familiale et à l’Intégration
Scolaire
SUAS Sistema Único de Assistência
Social
TOG Tegemoetkoming onderhoudskosten
thuiswonende gehandicapte kinderen
TW Toeslagenwet
UN United Nations
UN-BRK United Nations
Behindertenrechtskonvention
UNDP United Nation Development
Programme
UPI Unités Pédagogiques d’Intégration
URIOPSS Union Régionale Interfédérale
des Organismes Privés Sanitaires et
Sociaux
UWV Uitvoeringsinstituut
Werknemersverzekeringen
VWS Ministerie van Volksgezondheid,
Welzijn en Sport
Wajong Wet arbeidsongeschiktheidsvoorziening
jonggehandicapten
WfbM Werkstatt für behinderte Menschen
WGA Regeling Werkhervatting
Gedeeltelijk Arbeidsgehandicapten
WGBH/CZ Wet Gelijke Behandeling op
grond van handicap of chronische ziekte
WHO World Health Organisation
WIA Wet Werk en Inkomen naar
Arbeidsvermogen
WMO Wet maatschappelijke
ondersteuning
WPWDA Welfare for Person with
Disabilities Act
WSW Wet Sociale Werkvoorziening
WWB Wet Werk en Bijstand
111