Background
The proposed Equal Rights Law for People with Disabilities, which was introduced to Knesset in 1996, addressed all the areas of life of a person with disabilities. In February 1998, the Knesset passed the first part of this draft legislation, which subsequently became known as the Equal Rights Law for People with Disabilities, 1998. However, several articles of the original draft legislation were not enacted into law. These articles were later reintroduced to Knesset by MK Ilan Gilon, and they constitute the proposed Equal Rights Law for People with Disabilities (Amendment - accessibility; housing in the community and personal assistance; culture, leisure, and sport; education; the court system; special needs and information) of 2000. For purposes of brevity, we will refer to this proposed legislation as the draft amendment.
What Does the Draft Amendment Entail?
The draft amendment, which passed its first reading in the Knesset in December 2000, deals with various areas of life of a person with disabilities. In each area the draft amendment anchors the rights of the disabled person in human dignity, equality, and in addressing his/her special needs. Below are the principle provisions of the amendment:
Accessibility: This section establishes the right of a person with disabilities to dignified and safe access to public places, to public services, and to information.
Housing in the community and personal assistance: This section establishes the fundamental principle that people with disabilities are entitled to live within the broader community. Today, thousands of people with disabilities reside in institutions. According to the equality principle, people with disabilities have the same right as every person to live a normative lifestyle to the fullest extent possible. To ensure that the individual leads an independent and dignified life, this section grants the individual two types of aid: First, economic aid towards renting an apartment, performing modifications to meet his/her special needs, aid in financing a mortgage, etc. Secondly, the amendment grants personal assistance, including providing an aide to help with daily activities (e.g. bathing, dressing), housework (e.g. cleaning, cooking), help with communicating with others, and more. This section also establishes that a person with disabilities living with his family is entitled to arrange a yearly retreat, e.g. a visit to a hotel or spa.
Education: This section establishes the right of a person with disabilities to education and vocational training appropriate to his/her needs and abilities. People with disabilities are entitled to complete their secondary education at a later age, provided that the disability prevented them from completing their education on time. The amendment further states that the Minister of Education must establish a program within the next five years to make the schools more accessible to people with disabilities (students, teachers, and parents.)
Culture, Leisure, and Sport: According to the amendment, initiatives in programming for people with disabilities will be enshrined in regulations. These initiatives include trips and outings that are specially tailored to meet the special needs of the participants, special theater for people with developmental disabilities, etc.
The Court System: This section establishes that a person with disabilities is entitled to the full range of services of the court system, with appropriate modifications to meet his/her special needs. Courthouses must be made accessible to people with disabilities; witnesses with hearing impairment should be provided with sign-language translation; witnesses with developmental disabilities should be able to testify outside the threatening environment of the courtroom, for example in the judge's chambers.
Special Needs: According to the draft amendment, a person who requires special equipment to address his/her disability (e.g. wheelchair, hearing aid, alternative communication equipment, etc.) would be eligible for discounts in purchasing such equipment.
General: According to the draft amendment, family members of a person with disabilities would be able to take off 'sick-days' from work, in order to treat their family member who has a disability. A person receiving a monthly government allowance for a disability who reaches retirement age (at which point he/she receives a pensioner's allowance) should not have his/her fixed-income allowance reduced. The allowance should stay at least the same level as it was before. People should be concurrently eligible for disability allowances and for transportation allowances, etc.
