What rights do people with disabilities have in Russia and how to defend them

Equality

Social security is guaranteed by the Constitution of Russia, and social protection of disabled people is guaranteed by federal law. People who have received the status of a disabled person for health reasons have equal opportunities with other citizens in the exercise of civil, economic, political and other rights. And also a number of privileges.

Medicine and rehabilitation

People with disabilities are entitled to free medicines, travel vouchers and various medical devices.

Free medicines are prescribed by a doctor. They are available in pharmacies with prescriptions. In this case, the prescription must be drawn up on a special form and certified by the head of the department. And a pharmacy should have the right to participate in the federal program for providing citizens with preferential medicines. The all-Russian list of free medicines is established by the Government. In 2017, it included 646 drugs.

Once a year, a disabled person is entitled to free spa treatment. It is impossible to choose a sanatorium, but travel to it and back is paid.

Since 2005, you can refuse free medicines and vouchers and receive a monthly cash payment (MU) for them.

This is the so-called monetization of benefits. The EDV is received along with the pension. It is indexed annually.

There is a right to receive free technical means of rehabilitation (TSR). These are prostheses, walking sticks, hearing aids, strollers, personal hygiene items and much more that people with various types of disabilities need in their daily life.

The list of TSR and indications for their use was approved by the Order of the Ministry of Labor and Social Protection of the Russian Federation. To get a TSW, you need to include it in the Individual Rehabilitation Program for the Disabled (IPR).

Social service

This is assistance to citizens who cannot independently provide for their basic living needs.

The forms of social services include:

Help around the house. Cleaning, shopping for groceries and essentials.
Assistance in obtaining medical care and care during your stay in specialized boarding houses and boarding schools.
Consulting on various issues - from legal to psychological.

For obtaining social services, you need to contact the local social protection authorities.

Also in Russia there is an “Accessible Environment” program, within the framework of which the infrastructure is being adapted and the service sector is being improved.

For example, a disabled person has the right to call a postman to send a letter or order the delivery of a parcel to his home. It's free. You need to call your office and remind you that the Russian Post is participating in the implementation of the federal program.

Pension and taxes

People with disabilities of all groups and disabled children have the right to a social pension.

The average pension of a disabled person of group I after indexation in 2018 is 13,500 rubles.

Also, disabled people of group I and disabled children are entitled to a care allowance. To formalize it, you need to find an able-bodied assistant who does not have any income and apply to social protection. The amount of the care allowance is 1,500 rubles, for non-working parents of children with disabilities - 5,500 rubles.

Parents of disabled children are entitled to a number of other privileges: income tax deduction, four additional days off per month, retirement five years before reaching retirement age.

For disabled people of I and II groups, there are tax breaks. They are exempt from property tax (article 407 of the Tax Code of the Russian Federation) and have land and transport tax benefits. In this case, the right to remain.

When applying to the court, disabled persons are exempted from paying the state duty if the cost of the claim is less than a million rubles. When contacting a notary for disabled people of I and II groups, there is a 50 percent discount (article 333.38 of the Tax Code of the Russian Federation).

Housing and utilities

People with disabilities and their family members living with them have the right to:

Improving housing conditions - article 17 of the law "On social protection of disabled people in the Russian Federation." If there are more people than square meters, or major repairs are crying around the house, you can queue up for the living space. People suffering from severe forms of chronic diseases go ahead of the queue. Housing is provided under a social contract.
Obtaining a land plot for building a house or a garage or a vegetable garden and running a household out of turn and without bidding.
50% discount on utility bills. The benefit is provided individually. For example, if a disabled person lives with three relatives, then ¼ will be calculated from the amount in the payment and divided in half. This will be his compensation for housing and communal services.

Transport

Once a year, a disabled person is entitled to free train or air tickets to and from the place of treatment. To get them, you need to issue a coupon at your branch of the Social Insurance Fund. Travel is paid for by the disabled person and the accompanying person. Provided that the first did not switch to EDV.

There are 534 carriages with special compartments running on Russian railways. Tickets for them are 50% cheaper than for regular ones. The discount when buying a ticket is immediately displayed on the Russian Railways website.

Airports and train stations are becoming more and more convenient for people with limited mobility. Special services have been created to help people with disabilities with their luggage and escort them to their seats on a train or plane.

As for urban and suburban communications, the regions are developing and introducing social passes. As a rule, this is a registered document that is purchased at a fixed price. It gives the right to free travel on all types of public transport, except for taxis.

If a disabled person drives a car himself, he can count on. To do this, you need to hang the appropriate sign on the glass and carry the documents of title with you.

Study and work

People with disabilities in Russia can go through all stages of education - from preschool to higher education.

The state supports the education of disabled people and guarantees the creation of the necessary conditions for disabled people to receive it. Article 19 of the Law "On Social Protection of Disabled People in the Russian Federation".

Children with disabilities have the right to go to regular kindergartens and schools - in 2016, novelties about inclusion were introduced into the law "On Education". There are also specialized (correctional) educational institutions and uniforms.

To enter a college or university, it is enough to score a passing score on exams - disabled people go out of competition. If necessary, an applicant (student) with a disability can increase the duration of the exam or change the form of receiving answers.

Working disabled people have a number of additional guarantees.

The maximum working week for disabled people of I and II groups is 37 hours (Article 92 of the Labor Code of the Russian Federation).
Annual paid vacation - 30 days (Article 115 of the Labor Code of the Russian Federation)
Vacation at your own expense - up to 60 days a year (Article 128 of the Labor Code of the Russian Federation).
Involvement in extracurricular work, night work and on holidays - only with written consent.
Can't be fired when downsizing.

At the same time, in many constituent entities of the Russian Federation, job quotas are provided. Companies with more than 100 people should have from 2 to 4% disabled. If the number of employees is from 35 to 100, the quota is no more than 3%. In this case, the employer must equip the workplace of the disabled person in accordance with the requirements of his IPR.

Leisure

People with disabilities are guaranteed the right to access information. Therefore, libraries should have books in Braille. And the official speech must be accompanied by sign language translation.

People with disabilities have the right to unhindered access to public places. This means that theaters, concert halls and other establishments should have ramps, staff call buttons and other paraphernalia. Discounts are often available for disabled people at many cultural and recreational activities.

Protection of the rights of persons with disabilities

People with disabilities in Russia have many preferences. But their implementation suffers. Free medicines are in short supply. They buy the cheapest and most unsuitable for driving strollers. The vouchers have to wait for years, and the parking spaces for the disabled are occupied by all and sundry.

What to do when you are constantly faced with violation of the rights of people with disabilities? Can you count on free legal support? And is it worth turning to international organizations if domestic remedies have been exhausted?

The life hacker asked the practicing lawyers.

Violation of the rights of persons with disabilities is subject to both criminal and administrative responsibility. A disabled person who has faced a violation of his rights can complain to the prosecutor's office or to the court.

In the first case, a written or oral statement is sufficient (for example, if you come to a personal appointment with the prosecutor). Based on the application, a prosecutor's check will be carried out. If the facts of violation of his rights are confirmed, the perpetrator will be brought to justice.

In addition, the prosecutor has the right to go to court. If it reveals violations during an inspection carried out on its own initiative. Or on the basis of a complaint from a disabled person. In practice, such claims are almost always subject to satisfaction.

A disabled person himself can go to court. Moreover, both in parallel with the complaint to the prosecutor's office, and without it. Or in case of disagreement with the results of the prosecutor's check.

If a disabled person goes to court, he will have to collect and present evidence on his own. In this case, you can demand compensation for moral damage. In simple terms, to collect money from persons who violated his rights. While the result of an appeal to the prosecutor's office (or to the court of the prosecutor himself) will only be an administrative punishment and a court decision to eliminate the very fact of the violation.

Albina Dzubieva Criminal lawyer

According to the law "On Free Legal Aid in the Russian Federation", disabled persons of I and II groups are entitled to it. You can be consulted, help with drafting claims, claims and other documents. And also represent your interests in court.

You can apply for free legal aid yourself or through a representative. But not all lawyers and lawyers in general. And only to those who are a member of the state or non-state system of free legal aid.

You can find out which legal firms are among the participants:

in the territorial body of social protection or on the website of the regional Department of this body.
on the website of the Chamber of Lawyers of the region of residence of the disabled person (you can call this body).
on the website or by phone of the regional body of the Ministry of Justice of the Russian Federation.

Also, in many cities, there are so-called legal clinics at law universities. In them, students provide free assistance in legal matters, including those with disabilities. Of course, under the supervision of teachers or experienced lawyers - the curators of these projects.

Victoria Alborova General lawyer

Russia is a country that has ratified the UN Convention on the Rights of Persons with Disabilities of December 13, 2006, but without the Optional Protocol to it. This means that the text of the Convention is superior to any domestic law. In case of violation of their rights, a disabled person may refer to this document. But only within the country. A disabled person cannot apply to the Committee on Violation of Rights, which monitors compliance with the Convention. The reason is the unratified Optional Protocol.

However, this does not negate the right of a disabled person, as an ordinary Russian citizen, to apply to the European Court of Human Rights (ECHR). The main condition is that the applicant must become a victim of a violation of the rights established by any Convention. Consequently, since the Convention on the Protection of the Rights of Persons with Disabilities has been ratified by Russia, it means that the fact of violation of its provisions may be the basis for applying to the ECHR.

You can also contact other international human rights institutions. The Human Rights Committee and the UN Human Rights Council are engaged in the promotion of the rights of people with disabilities within the framework of their activities.

But at present, the practice is developing in such a way that the only really working mechanism for upholding the rights of persons with disabilities at the international level is only an appeal to the ECHR.