This is the law about disabled people for just Turkey.
Disability Law No. 5378
Disability Law (Provisional Article 2 and 3 – marked in green)
THE LAW ON THE DISABLED AND THE AMENDMENTS TO SOME LAWS AND THE LAWS
Law No: 5378
Acceptance Date: 1.7.2005
Purpose, Scope, Definitions and General Principles
ARTICLE 1.- Purpose of this Law; Prevention of disability is to ensure that disabled people participate in the society by taking measures to solve their problems related to health, education, rehabilitation, employment, care and social security, to ensure their development in every aspect and to remove the obstacles in front of them, and to make the necessary arrangements for the coordination of these services.
ARTICLE 2.- This Law covers the disabled, their families, institutions and organizations providing services for the disabled and other persons concerned.
ARTICLE 3.- In the implementation of this Law;
a) Disabled: A person who has difficulties in adapting to social life and meeting daily needs due to the loss of physical, mental, spiritual, sensory and social abilities at various degrees for any reason at birth or later, and who needs protection, care, rehabilitation, consultancy and support services,
b) Disability criterion: Criteria prepared on the basis of international basic criteria and revised when necessary,
c) Slightly disabled: A person who is defined as mildly disabled according to the disability criteria,
d) Severely disabled: A person who is defined as severely disabled according to the disability criteria,
e) Disabled in need of care: Among those who are documented as severely disabled with the official health board report according to the disability classification, those who are debilitated to the extent that they cannot continue their lives without the help and care of someone else,
f) Protected workplace: A workplace that is technically and financially supported by the State in order to create vocational rehabilitation and employment for disabled people who are difficult to get into the normal labor market and where the working environment is specially regulated,
g) Protected workplace status: To fulfill the conditions of providing technical and financial support provided to the protected workplace by the disabled people, or their work for disabled people,
h) Rehabilitation: To eliminate a congenital or subsequent disability or to minimize the effects of disability, by providing the disabled with the highest level of skills they can achieve in the fields of physical, mental, psychological, spiritual, social, occupational and economic benefits; The whole protective, medical, vocational, educational, recreational and psycho-social services provided for the purpose of being self-sufficient in the home, work and social life, integrating the disabled with the society, taking all measures against discrimination,
i) Classification: The study of developing a common and standard language and framework on the definition of the function and insufficiency of the human body as an important health element,
ARTICLE 4.- The following principles are followed in the fulfillment of the services within the scope of this Law:
a) The state develops social policies against all kinds of abuse of the disabled and the disability, based on the immunity of human dignity and dignity. No discrimination can be made against disabled people; The fight against discrimination is the basic basis of the policies for the disabled.
b) Participation of disabled people, their families and voluntary organizations is ensured in decisions to be taken and services to be provided for disabled people.
c) It is essential to protect family integrity in the provision of services for disabled people.
d) It is obligatory to obtain the opinion of the Directorate of Administration for Disabled People in the legislative arrangements regarding disabled people by institutions and organizations.
Classification, Care, Rehabilitation, Employment, Education,
Job and Job Analysis
ARTICLE 5.- Ratings, classifications, and definitions of disabled people are made according to the disability criterion based on the international disability classification. The determination of the disability criterion and its implementation principles are determined by a regulation to be issued jointly by the Ministry of Finance, the Ministry of Health, the Ministry of Labor and Social Security, the Ministry of National Education and the Administration for Disabled People.
ARTICLE 6.- It is essential that people with disabilities continue their lives in health, peace and security in their environment, care and rehabilitation in a way that they can manage themselves and become productive in the society, and those who need them are taken under temporary or permanent care or that they are provided with home care services. .
ARTICLE 7.- Real and legal persons and public institutions and organizations that obtain a license from the General Directorate of Social Services and Child Protection Agency can provide care services for the disabled.
Presentation of service
ARTICLE 8.- In the provision of care services, the biological, physical, psychological and social needs of the person are also taken into consideration. Standardization of maintenance services
Studies are carried out under the coordination of the General Directorate of Social Services and Child Protection Agency for its development and expansion.
With maintenance services, qualified provision of maintenance is provided.
Types of care
ARTICLE 9.- Care services can be offered with home care or institutional care models. It is primarily based on providing the service without leaving the social and physical environment of the person.
ARTICLE 10.- Rehabilitation services are provided in order to meet the individual and social needs of the disabled people on the basis of participation in social life and equality. Active and effective participation of the disabled and his family is essential in every stage of rehabilitation decision-making, planning, execution and termination.
Training programs are developed for the training of personnel needed in every field of rehabilitation and necessary measures are taken for the employment of these personnel.
Early diagnosis and preventive services
ARTICLE 11.- Monitoring the physical, auditory, sensory, social, spiritual and mental developments of the newborn, early childhood and all periods of childhood, ensuring early diagnosis of diseases with genetic inheritance and which may cause disability, preventing disability, and bringing the severity of the existing disability to the lowest possible level. Studies regarding withdrawal and stopping of its progress are planned and carried out by the Ministry of Health.
Job and job analysis
ARTICLE 12.- Job and occupational analyzes taking into account the types of disability are carried out by the Ministry of National Education and the Ministry of Labor and Social Security under the coordination of the Administration for Disabled People. In the light of these analyzes, vocational rehabilitation and training programs suitable for the conditions of the disabled are developed by the aforementioned institutions.
ARTICLE 13.- The right of disabled people to choose their profession according to their abilities and to receive education in this field cannot be restricted.
It is essential that disabled people benefit from vocational rehabilitation services in order to educate them according to their abilities, to gain a profession, to make them productive and to ensure their economic and social welfare.
In private vocational rehabilitation centers, talent development centers and protected workplaces to be opened by real or legal persons, measures are taken to develop work or skills appropriate to the individual development and abilities of the individuals. Services in this field can be provided by purchasing services by analyzing job and occupation according to needs. The procedures and principles regarding this are determined by a regulation to be issued jointly by the Ministry of National Education, the Ministry of Labor and Social Security and the Administration for Disabled People.
Social and vocational rehabilitation services are also provided by municipalities. During the provision of these services, municipalities cooperate with public education and apprenticeship training centers, if deemed necessary. If the rehabilitation request of the disabled cannot be met, the disabled person receives the service from the nearest center and the relevant municipality pays the amount determined in the budget instruction to the center where the service is purchased each year.
ARTICLE 14.- In scholarship; No discriminatory practices against disabled people can be made in any of the stages from job selection to application forms, selection process, technical evaluation, recommended working periods and conditions.
In a way that will result in the detriment of working disabled people, it cannot be treated differently from other people regarding their disability.
It is obligatory to take measures in the employment processes to reduce or eliminate the obstacles and difficulties that the employee or the disabled people who apply for a job, and that the physical arrangements in the workplace are made by the institutions and organizations with duty, authority and responsibility in this regard. Employment of disabled people, who are difficult to be recruited into the labor market due to their disability, is primarily provided through protected workplaces.
The procedures and principles regarding protected workplaces are regulated by a regulation to be issued jointly by the Ministry of Labor and Social Security, the Ministry of Finance and the Administration for Disabled People.
Education and teaching
ARTICLE 15.- Disabled people cannot be prevented from receiving education for any reason. Children with disabilities, young people and adults are provided with equal education opportunities in integrated environments and with non-disabled people, taking into account their special circumstances and differences.
In order to facilitate the education life of disabled university students, a Coordination and Coordination Center for Disabled People is established within the body of the Higher Education Council in order to provide materials such as the preparation of special course materials, the preparation of education, research and accommodation environments suitable for the disabled.
The working procedures and principles of the Disabled Information and Coordination Center are determined by a regulation prepared jointly by the Ministry of Health, the Ministry of National Education and the Higher Education Institution and the Disabled Administration.
In order to provide education and communication for the hearing impaired, the Turkish Language Association