The Rights of Disabled Persons in Germany: Changes Brought by New Legislation

Igl, Gerhard

The Rights of Disabled Persons in Germany: Changes Brought by New Legislation - 2005.


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In Germany, book IX of the Social Code, which entered into force on 1 July 2001, is a key text in modern legislation for disabled persons. In legislative terms, the issue was to bring together two previously separate statutory schemes: the law applicable to the seriously disabled people ( Schwerbehindertengesetz – SchwbG) which is a component of labour law, and regulations on retraining, which are dispersed among the various branches of social insurance. The new legislation introduced some very important reforms, particularly in the area of retraining, which should contribute to a major improvement in the rights of the disabled. Among laws applicable to disabled people, the federal law on equality of disabled persons ( Behindertengleichstellungsgesetz – BGG) also deserves mention, along with the corresponding regional laws at the level of most of the Länder. These laws serve to abolish barriers, in other words those features of the environment of disabled persons that restrict access for them in practical situations. The prohibition of discrimination against disabled people, which is enshrined in the Basic Law, is thus completed by statutory provisions to promote such persons. A current bill to establish equality in civil law, which has been highly controversial in public debate, would also make a substantial contribution towards protection of disabled persons.

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