no. 821 adopted: 24.12.91 in force: 22.06.2000
CHAPTER I
GENERAL PROVISIONS
Article 1. Background of legal situation of the disabled
The disabled in the Republic of Moldova benefit from all the social, economic and personal rights and freedoms stipulated in the Declaration on the Rights of the Disabled, adopted by the General Assembly of the United Nations Organisation, Moldovan Constitution, present Law and other legislative acts.
Discrimination of the disabled is forbidden and is punished according to law.
Article 2. Notion of disabled person
The disabled person is the person that, because of the limitation of vital activity as a result of physical or mental deficiencies, needs social assistance and protection.
The limitation of vital activity of the person means complete or partial loss of the capacity or possibility of self-care, placement, orientation, communication, control over the behaviour and exercise of work activities.
The acknowledgement of the person as a disabled person is carried out by the competent state authorities.
Article 3. Social protection of the disabled
Social protection of the disabled means the creation by the state of conditions for their individual development and achievement by these persons of equal capacities, rights and freedoms with the other people.
Social protection of the disabled is ensured through a set of measures stipulated in republican and local programmes of social-economic development and is stipulated in respective legislative acts and decisions.
The state establishes for the disabled additional guarantees in order to accomplish their legitimate rights and interests.
Article 4. Participation of the disabled in development and adoption of normative acts that affect their interests
The disabled have the right to participate in the development and adoption of normative acts that affect their interests and to obtain the necessary information related to the adoption of these acts.
Central bodies of state administration and local self-management bodies, as well as enterprises, institutions and organisations, regardless of the type of property, during the settlement of issues that affect the interests of the disabled, have to attract representatives of non-governmental organisations of the disabled in the development and adoption of the respective decisions, as well as in their accomplishment.
Article 5. International treaties regarding social protection of the disabled
If the international treaty to which the Republic of Moldova is party establishes other norms than those stipulated by the present Law, the norms of the international treaty are applied.
Article 6. Responsibility for violation of legitimate rights and interests of the disabled
The persons responsible for violation of legitimate rights and interests of the disabled will be held liable according to law
Chapter II
CREATION OF CONDITIONS FOR FREE ACCESS OF THE DISABLED TO SOCIAL INFRASTRUCTURE
Article 7. State policy towards the objectives of social infrastructure
Central bodies of state administration and local self-management bodies, as well as enterprises, institutions and organisations create conditions for the disabled (including those who use wheel chairs) for free access to dwellings, public and production buildings and constructions, for free use of public transport and of transport communications, of telecommunication and information means for free orientation and movement.
Article 8. Taking account of needs of the disabled for the design and construction of social infrastructure objectives
The design and construction of dwellings, bedroom communities, development of project solutions, construction and reconstruction of buildings, installations, complexes and communications, as well as development and production of transport means, telecommunication and information assets without adjusting them to the access and use by the disabled are forbidden.
Article 9. Adjustment of existing social infrastructure objectives for their use by the disabled
The existing transport, telecommunication and information means and other social infrastructure objectives must be adjusted so that the disabled have access to them and use them in the conditions established by central bodies of state administration and local self-management bodies with the participation of representatives of non-governmental organisations of the disabled.
In cases when the mentioned objectives cannot be adjusted for access of the disabled, the respective enterprises, institutions and organisations must develop and undertake the necessary measures that would ensure that the needs of the disabled are met.
Article 10. Adjustment of dwellings for access and use by the disabled
The dwellings of the disabled or of families that have a disabled person in their care should have special equipment according to the individual rehabilitation programme of the disabled person.
The adjustment of mentioned dwellings is carried out by local self-management bodies, enterprises, institutions and organisations in whose administration is the dwelling fund. The adjustment of individual houses is carried out as established by local self-management bodies with the participation of representatives of non-governmental organisations of the disabled.
Article 11. Meeting the living needs of the disabled
When the dwellings are distributed, local self-management bodies, enterprises, institutions and organisations take account of the needs of the disabled with a view to distribute dwellings to these persons near their working place, near the living place of their relatives and near rehabilitation institutions.
According to medical requirements and to their wishes, the disabled shall receive dwellings on the lower floors and those who have apartments on the top floors shall have their apartments exchanged with ones on lower floors.
The dwellings distributed to the disabled should meet the technical-sanitary requirements determined according to the health state of the disabled.
The 1st and 2nd- degree disabled persons, as well as the families with disabled children who need improvement of living conditions shall receive dwellings in the first place. The state provides capital investments for these purposes.
The disabled shall benefit from facilitations to pay for dwelling and for public utilities as established by legislation.
The 1st and 2nd- degree blind disabled, persons with motor deficiencies have the right to build a garage near their dwelling.
Article 12. Economic liability for the failure to fulfil obligations regarding the access of the disabled to social infrastructure objectives
The enterprises, institutions and organisations that fail to fulfil the measures stipulated by the present Law, with a view to adjust existing transport, telecommunication and information means and other social infrastructure objectives for access to them and for their use by the disabled shall transfer the necessary funds in the budget of the local self-management authority to meet the needs of the disabled according to legislation.
The mentioned means can be used only to fulfil the measures on the adjustment of social infrastructure objectives to meet the needs of the disabled.
Article 13. Provision of the access to cultural institutions and to sports facilities for the disabled
Local self-management bodies must ensure the necessary conditions for the access to cultural institutions, to sports facilities to practice physical exercises and sports and to provide special sports inventory.
The disabled benefit from the above mentioned services that are free of charge or are provided in advantageous conditions according to legislation.
Article 14. Participation of enterprises, institutions and organisations in the execution of state policy for social protection of the disabled
The enterprises, institutions and organisations have the right to provide funding for constructions, purchase of equipment necessary for social-cultural objectives, sports facilities adjustment and maintenance, production of goods and service provision, purchase of transport means for the needs of the disabled.
Art.14 modified by the Law no.1592-XII of 27.02.98
Article 15. Provision of technical-material resources to enterprises manufacturing prosthesis and orthopaedic devices, wheel chairs, means of small mechanisation and devices for the disabled
Non-governmental organisations and enterprises of the disabled, state and cooperative enterprises manufacturing prosthesis and orthopaedic devices, wheel chairs, means of small mechanisation and devices for the disabled are entitled to benefit from technical-material resources in the first place and in full amount in a centralised manner.
Chapter III
MEDICAL, PROFESSIONAL AND SOCIAL REHABILITATION OF THE DISABLED
Article 16. Tasks of medical, professional and social rehabilitation of the disabled
Central bodies of state administration and local self-management bodies organise and contribute to the establishment and development of system for medical, professional and social rehabilitation of the disabled, which is a set of measures oriented towards the recovery and compensation of the damaged or lost functions of the body, self-care capacities, possibility to practice different types of professional activity that allow the disabled to have normal lives and ensure the fulfilment of potential rights and possibilities.
Central bodies of state administration and local self-management bodies fund and organise scientific studies and training of specialists in the field of medical, professional and social rehabilitation of the disabled, prophylaxis of disability.
Article 17. Individual rehabilitation programme of the disabled person
Medical, professional and social rehabilitation of the disabled is carried out according to the individual rehabilitation programme, determined based on medical-social expertise (of the commission for medical expertise of work capacity, of the specialised expertise service of the medical consultation commission), conducted by state bodies assigned to do this by local self-management authorities with the participation of representatives of non-governmental organisations of the disabled.
The individual rehabilitation programme that is recommended to the disabled person sets the concrete volumes, types and terms for fulfilment of rehabilitation measures, and the types of social assistance.
The individual rehabilitation programme represented by the disabled person is a compulsory document for execution by state authorities and by enterprises, institutions and organisations.
Article 18. Medical care of the disabled
The disabled are provided with free qualified medical assistance from the state budget in all state medical institutions.
The disabled have priority to benefit from services in clinics, dispensaries and in pharmacies.
Article 19. The system of rehabilitation institutions
Central bodies of state administration and local self-management bodies, taking account of the structure of disability, must create rehabilitation centres with several profiles or that are specialised in complex rehabilitation, clinic and stationary wards for recovery treatment in curative-prophylactic institutions.
For the disabled who need permanent care and support of other persons internats and special dwellings shall be created that will have a set of rehabilitation and social services, home social service offices.
Article 20. Provision of prosthesis and orthopaedic devices, special motor means, phono-amplifiers and signallers, individual devices and equipment
The disabled with the residence in Moldova Republic, based on medical prescriptions, have the right to benefit from prosthesis and orthopaedic devices, special motor means, phono-amplifiers and signallers, individual devices and equipment free of charge or in advantageous conditions.
The disabled who do not have the residence in the Republic of Moldova have the right to purchase prosthesis and orthopaedic devices paying cash.
Foreign disabled persons who live temporarily in the Republic of Moldova have the right to purchase prosthesis and orthopaedic devices as established by Moldovan Government.
Chapter IV
EDUCATION AND PROFESSIONAL TRAINING OF THE DISABLED
Article 21. Provision of conditions required for education and professional training of the disabled
The State provides the necessary conditions for professional training to the disabled.
Public education institutions, together with healthcare, labour and social protection bodies must provide pre-school and extra-school education of disabled children, the acquisition of secondary education, specialised and higher education by the disabled according to the individual rehabilitation programme.
Education institutions, together with representatives of non-governmental organisations of the disabled can set additional facilitations for the training of disabled people.
Article 22. Personal education of disabled children
In order to provide the most advantageous possibilities for education of disabled children of school age and the necessary rehabilitation support, mainstream preschool institutions provide conditions for disabled children.
Special preschool institutions are created for disabled children whose health state excludes the possibility for them to be in mainstream preschool institutions.
Article 23. Secondary specialised and higher education for the disabled
The disabled benefit from mainstream education, specialised and higher education in mainstream institutions or in specialised education institutions, if necessary.
Training courses are organised for disabled children who benefit from treatment in curative-prophylactic institutions, stationary or rehabilitation institutions.
In case when the disabled pass the entrance examinations and are in the same conditions with the other candidates (score, work experience, etc.) have the right to be admitted preferentially in secondary specialised and higher education.
The disabled who have good academic results receive scholarships regardless of whether or not they benefit from pensions or allocations.
The state guarantees the employment of the young disabled specialists.
Article 24. Home education and training of disabled children
In case there is no possibility to educate and train disabled children in preschool institutions and mainstream or special educational institutions and taking account of the parents’ wish, the education and training are provided at home. In this case, one of the parents or carers replacing the parent shall benefit from material assistance and facilitations as established by law. The period of care of such a disabled person is included in work experience.
Instructive-educational institutions provide support to parents in training of disabled children at home.
Article 25. Extra-school education for disabled children
In order to provide multi-lateral development, educate social activism, interest to work, to teach them science, engineering, arts and sports, public educations bodies, other state bodies must ensure accessibility of extraordinary education for the disabled children.
Article 26. Education and training of disabled children in stationary institutions
Disabled children who are permanently in stationary institutions are provided by these institutions with follow-up education and training in organic connection with organic and labour adoption.
Article 27. Professional training and increase of qualification of the disabled
Professional training and increase of qualification of the disabled is provided in (specialised or mainstream) education institutions, enterprises and organisations in conjunction with social assistance institutions, according to the individual rehabilitation programme.
Material provision of the disabled during the professional training and increase of qualification is carried out in the conditions set by legislation.
Article 28. Forms of professional training and increase of qualification of the disabled
Professional training and increase of qualification of the disabled have different forms, including through mandatory attendance, part-time attendance, external attendance, group studies, special classes and according to individual educational plans, including home education.
Article 29. Gesture language
The state acknowledges gesture language as a means of communication between persons.
Legal status and sphere of application of gesture language are established by legislation.
Chapter V
WORK OF THE DISABLED
Article 30. Accomplishment of the right to work by the disabled
In order to fulfil creative and production capacities of the disabled and taking account of individual rehabilitation programmes, the disabled have the right to work in enterprises, institutions and organisations with ordinary work conditions, in specialised enterprises, sections and sectors that use the work of the disabled, and to practice individual work or other types of work that are not forbidden by law.
The refusal to conclude a work agreement or to promote, the dismissal on administration’s initiative, shifting the disabled person to another job without his/her consent because of the disability are not allowed, except for cases when the medical-social expertise shows that the health state of the person prevents him/her to carry out professional tasks or threats the health and security of other persons’ work.
It is not allowed to dismiss the person undergoing medical, professional and social rehabilitation courses in respective institutions on administration’s initiative regardless of the period of staying in these institutions.
Article 31. Employment of the disabled
The employment of workers who acquired some disability is carried out according to conclusions of medical commissions in the enterprise, institution, organisation where the employee lost partially his/her work capacity. In the event when there are no conditions to continue work activity by the disabled in the same enterprise, institution, organisation, the disabled will be employed with the support of the state employment agency.
The recommendations for employment of the disabled suggested by employment agencies (according to the reserved places) are compulsory for the employers.
Local self-management bodies, with the participation of non-governmental organisations of the disabled and taking account of the needs of disabled people, approve the lists of functions and professions that should be taken preferentially by the disabled, establish the norms of reservation for them, in enterprises, institutions and organisations, of the work places (at least 5% of the total number of the employees), create enterprises, specialised sections and sectors for the use of the work of the disabled.
Taking account of the needs of the disabled, enterprises, institutions and organisations create enterprises, specialised sections and sectors for the use of the work of disabled persons.
In this case, the Unemployment Fund shall repay the expenses incurred by them for the purchase of equipment intended to adjust the work places for the disabled.
The employment bodies, together with representatives of non-governmental organisations of the disabled, with the unions, develop annual employment programmes of the disabled.
Local self-management bodies have to provide the enterprises that provide home work for the disabled, as well as for the disabled who practice individual work activities with appropriate facilities and provide the necessary support for the purchase of raw materials and sale of products.
The employers who did not reserve jobs for the disabled or who avoid employing them shall pay financial contributions to the Unemployment Fund amounting to one average annual salary of the employee from the respective enterprise, institution, organisation for each uncreated job.
Article 32. Obligations of employees on the employment of persons who lost their work capacity at their work place
The employees have to distribute available jobs or to create new jobs for the employment of workers who lost their working capacity as a result of an accident in the respective enterprises or acquired a professional disease as a result of which they were acknowledged as disabled.
In case of failure to fulfil the mentioned conditions, at the termination of work contract (agreement) with the worker, the employees have to pay ten annual salaries of this worker to the Unemployment Fund.
Article 33. Advantages and facilitations for enterprises using the work of the disabled
Technical-material resources to enterprises and non-governmental organisations of the disabled are provided from centralised republican resources.
The production of enterprises intended for rehabilitation of the disabled (assets and technical accessories) is part of the state order and is provided as a priority with technical-material resources.
The construction of objectives for the disabled, regardless of funding sources, is on the list of state-ordered construction sites.
Article 34. Length of work time and norms of production for the disabled
For the 1st and 2nd- degree disabled (if they are not entitled to bigger facilitations) reduced work length is established – 30 hours per week.
The involvement of disabled in additional works, in work during the days-off and during the night is allowed only with their consent, if these works are not forbidden to them by the doctor.
The employers, in conjunction with union committees, have the right to reduce the work norms of the disabled working in enterprises.
Article 35. Vacation of the disabled
For the 1st - degree disabled (if they do not benefit from bigger facilitations) an annual vacation of 36 calendar days is set, for 2nd -degree disabled – 28 calendar days.
On the request of the disabled person, the administration shall provide unpaid additional vacation of up to two months to such person.
Chapter VI
SOCIAL ASSISTANCE FOR THE DISABLED
Article 36. Types of social assistance for the disabled.
The disabled benefit from social assistance in the form of cash payments (pensions, allocations, one-off payments), technical and other resources, including, wheel chairs, prostheses and orthopaedic devices, print production with special characters, phono-amplifiers and signallers, as well as home medical and housekeeping services.
The provision of technical and other means as well as of services to the disabled, is free of charge or in advantageous conditions.
The concrete types and the volume of social assistance are determined in the individual rehabilitation programme of the disabled person.
[Art.36 modified by L934/14.06.2000, MO70/22.06.2000]
Article 37. State bodies providing social assistance to the disabled.
Social assistance is provided to the disabled by local self-management authorities, by employment, labour, social protection, healthcare, public education, cultural, physical activities and sports and by other bodies based on conclusions of medical expertise in compliance with the legislation in force.
Central bodies of state administration and local self-management authorities establish for the disabled additional facilitations to meet their living, medical, commercial, transportation, telecommunication and other needs of social services.
Article 38. Funding sources for social assistance
Social assistance is provided on funds from republican and local budgets, as well as voluntary contributions of enterprises, institutions, organisations and citizens.
Enterprises, institutions and organisations funding the measures related to social assistance of the disabled benefit from tax exemptions in the conditions established by legislation.
Article 39. Competences of enterprises, institutions and organisations regarding decision-making for the improvement of living conditions of the disabled
The administration of enterprises, institutions and organisations, in conjunction with the staff, has the right to solve problems related to improvement of living conditions of the disabled, including to:
establish increments to state pensions taking account of the employee’s work contribution, of the total and uninterrupted work experience;
establish increments to pensions of single disabled people who need support and care by other persons;
establish facilitations for payment of rent, maintenance of children in departmental preschool institutions;
pay partially or integrally the bills for heating, utilities, individual locomotion means, other necessary goods;
deposit shares in cooperatives for construction of buildings, garages, horticulture activities;
pay the cost of travel tickets in all the types of public transport and visits to cultural institutions;
organise free nutrition;
provide other support to the disabled.
Enterprises, institutions and organisations have to provide facilitations to the disabled in using sports recreation complexes, cultural institutions, recreation facilities, sanatoriums that are subordinated to them.
Article 40. Making available technical and other means to the disabled person
A technical or other mean is made available to the disabled person according to the individual rehabilitation programme free of charge or in advantageous conditions.
If the technical or other means stipulated in the individual rehabilitation programme, cannot be made available to the disabled person by the state authority or if the disabled person purchased it on his/her own money, the compensation is paid to this person as established by legislation.
Article 41. Compensations provided to the disabled for travel in transport means
1st and 2nd- degree disabled, disabled children and persons who accompany a 1st – degree disabled person or a disabled child are provided with compensations for urban, suburban and inter-urban public transport (except for taxis) from the budgets of local public administration authorities
[Art.41 modified by L934/14.06.2000, MO70/22.06.2000]
Article 42. Provision of telecommunication means to the disabled
The Ministry of Informatics, Information and Telecommunications provides necessary conditions for the implementation of some special means of servicing through telecommunications to the disabled, creation of telephone discussion units for common use by the disabled, provision with special telephone sets to the subscribers with deficient hearing.
1st – degree blind people and 2nd – degree disabled people have the right to have telephone lines installed out of turn, including special ones, in the conditions established by legislation.
Article 43. Home care. Stationary institutions of social assistance for the disabled
The disabled who need care and support of other persons will benefit from medical and housekeeping services provided by social assistance bodies at home or in stationary institutions.
Central bodies of state administration and local self-management bodies contribute to the development of the network of social assistance stationary institutions for the disabled who need care by other persons.
Chapter VII
NON-GOVERNMENTAL ORGANIZATIONS OF THE DISABLED
Article 44. The right of the disabled to create non-governmental organisations
In order to protect rights and interests of the disabled, to provide mutual support and services to them, the disabled and the persons representing them have the right to create non-governmental organisations, including different funds, as established by legislation.
Central bodies of state administration and local self-management bodies provide support to non-governmental organisations of the disabled and to organisations that represent their interest.
Article 45. Distribution of dwellings built on the funds of non-governmental organisations of the disabled
The dwellings built by non-governmental organisations of the disabled on their funds are not alienated and are distributed by non-governmental organisations of the disabled according to legislation on dwellings.
In case of share participation in the construction of dwellings, non-governmental organisations of the disabled are exempted from share participation in capacity building of construction industry and dwelling building, as well as from the obligation to transmit part of the dwellings to local self-management bodies and to other organisations.
Article 46. International relations of non-governmental organisations of the disabled
According to their statutes, non-governmental organisations of the disabled can adhere to international non-governmental organisations, maintain relations and conclude agreements with them.
Article 47. Taxes perceived from non-governmental organisations of the disabled
Non-governmental organisations of the disabled and their enterprises, institutions and organisations benefit from facilitations and exemptions from tax payment, as established by legislation, including the exemption of income tax – according to provisions of the Fiscal Code and of the Law on Administration of Income Tax and for the application of Titles I and II of the Fiscal Code.
Art.47 in the wording of Law no.1592-XII dated 27.02.98
President of
Republic of Moldova Mircea Snegur
Chisinau, 24 December 1991
No. 821-XII
CHAPTER I
GENERAL PROVISIONS
Article 1. Background of legal situation of the disabled
The disabled in the Republic of Moldova benefit from all the social, economic and personal rights and freedoms stipulated in the Declaration on the Rights of the Disabled, adopted by the General Assembly of the United Nations Organisation, Moldovan Constitution, present Law and other legislative acts.
Discrimination of the disabled is forbidden and is punished according to law.
Article 2. Notion of disabled person
The disabled person is the person that, because of the limitation of vital activity as a result of physical or mental deficiencies, needs social assistance and protection.
The limitation of vital activity of the person means complete or partial loss of the capacity or possibility of self-care, placement, orientation, communication, control over the behaviour and exercise of work activities.
The acknowledgement of the person as a disabled person is carried out by the competent state authorities.
Article 3. Social protection of the disabled
Social protection of the disabled means the creation by the state of conditions for their individual development and achievement by these persons of equal capacities, rights and freedoms with the other people.
Social protection of the disabled is ensured through a set of measures stipulated in republican and local programmes of social-economic development and is stipulated in respective legislative acts and decisions.
The state establishes for the disabled additional guarantees in order to accomplish their legitimate rights and interests.
Article 4. Participation of the disabled in development and adoption of normative acts that affect their interests
The disabled have the right to participate in the development and adoption of normative acts that affect their interests and to obtain the necessary information related to the adoption of these acts.
Central bodies of state administration and local self-management bodies, as well as enterprises, institutions and organisations, regardless of the type of property, during the settlement of issues that affect the interests of the disabled, have to attract representatives of non-governmental organisations of the disabled in the development and adoption of the respective decisions, as well as in their accomplishment.
Article 5. International treaties regarding social protection of the disabled
If the international treaty to which the Republic of Moldova is party establishes other norms than those stipulated by the present Law, the norms of the international treaty are applied.
Article 6. Responsibility for violation of legitimate rights and interests of the disabled
The persons responsible for violation of legitimate rights and interests of the disabled will be held liable according to law
Chapter II
CREATION OF CONDITIONS FOR FREE ACCESS OF THE DISABLED TO SOCIAL INFRASTRUCTURE
Article 7. State policy towards the objectives of social infrastructure
Central bodies of state administration and local self-management bodies, as well as enterprises, institutions and organisations create conditions for the disabled (including those who use wheel chairs) for free access to dwellings, public and production buildings and constructions, for free use of public transport and of transport communications, of telecommunication and information means for free orientation and movement.
Article 8. Taking account of needs of the disabled for the design and construction of social infrastructure objectives
The design and construction of dwellings, bedroom communities, development of project solutions, construction and reconstruction of buildings, installations, complexes and communications, as well as development and production of transport means, telecommunication and information assets without adjusting them to the access and use by the disabled are forbidden.
Article 9. Adjustment of existing social infrastructure objectives for their use by the disabled
The existing transport, telecommunication and information means and other social infrastructure objectives must be adjusted so that the disabled have access to them and use them in the conditions established by central bodies of state administration and local self-management bodies with the participation of representatives of non-governmental organisations of the disabled.
In cases when the mentioned objectives cannot be adjusted for access of the disabled, the respective enterprises, institutions and organisations must develop and undertake the necessary measures that would ensure that the needs of the disabled are met.
Article 10. Adjustment of dwellings for access and use by the disabled
The dwellings of the disabled or of families that have a disabled person in their care should have special equipment according to the individual rehabilitation programme of the disabled person.
The adjustment of mentioned dwellings is carried out by local self-management bodies, enterprises, institutions and organisations in whose administration is the dwelling fund. The adjustment of individual houses is carried out as established by local self-management bodies with the participation of representatives of non-governmental organisations of the disabled.
Article 11. Meeting the living needs of the disabled
When the dwellings are distributed, local self-management bodies, enterprises, institutions and organisations take account of the needs of the disabled with a view to distribute dwellings to these persons near their working place, near the living place of their relatives and near rehabilitation institutions.
According to medical requirements and to their wishes, the disabled shall receive dwellings on the lower floors and those who have apartments on the top floors shall have their apartments exchanged with ones on lower floors.
The dwellings distributed to the disabled should meet the technical-sanitary requirements determined according to the health state of the disabled.
The 1st and 2nd- degree disabled persons, as well as the families with disabled children who need improvement of living conditions shall receive dwellings in the first place. The state provides capital investments for these purposes.
The disabled shall benefit from facilitations to pay for dwelling and for public utilities as established by legislation.
The 1st and 2nd- degree blind disabled, persons with motor deficiencies have the right to build a garage near their dwelling.
Article 12. Economic liability for the failure to fulfil obligations regarding the access of the disabled to social infrastructure objectives
The enterprises, institutions and organisations that fail to fulfil the measures stipulated by the present Law, with a view to adjust existing transport, telecommunication and information means and other social infrastructure objectives for access to them and for their use by the disabled shall transfer the necessary funds in the budget of the local self-management authority to meet the needs of the disabled according to legislation.
The mentioned means can be used only to fulfil the measures on the adjustment of social infrastructure objectives to meet the needs of the disabled.
Article 13. Provision of the access to cultural institutions and to sports facilities for the disabled
Local self-management bodies must ensure the necessary conditions for the access to cultural institutions, to sports facilities to practice physical exercises and sports and to provide special sports inventory.
The disabled benefit from the above mentioned services that are free of charge or are provided in advantageous conditions according to legislation.
Article 14. Participation of enterprises, institutions and organisations in the execution of state policy for social protection of the disabled
The enterprises, institutions and organisations have the right to provide funding for constructions, purchase of equipment necessary for social-cultural objectives, sports facilities adjustment and maintenance, production of goods and service provision, purchase of transport means for the needs of the disabled.
Art.14 modified by the Law no.1592-XII of 27.02.98
Article 15. Provision of technical-material resources to enterprises manufacturing prosthesis and orthopaedic devices, wheel chairs, means of small mechanisation and devices for the disabled
Non-governmental organisations and enterprises of the disabled, state and cooperative enterprises manufacturing prosthesis and orthopaedic devices, wheel chairs, means of small mechanisation and devices for the disabled are entitled to benefit from technical-material resources in the first place and in full amount in a centralised manner.
Chapter III
MEDICAL, PROFESSIONAL AND SOCIAL REHABILITATION OF THE DISABLED
Article 16. Tasks of medical, professional and social rehabilitation of the disabled
Central bodies of state administration and local self-management bodies organise and contribute to the establishment and development of system for medical, professional and social rehabilitation of the disabled, which is a set of measures oriented towards the recovery and compensation of the damaged or lost functions of the body, self-care capacities, possibility to practice different types of professional activity that allow the disabled to have normal lives and ensure the fulfilment of potential rights and possibilities.
Central bodies of state administration and local self-management bodies fund and organise scientific studies and training of specialists in the field of medical, professional and social rehabilitation of the disabled, prophylaxis of disability.
Article 17. Individual rehabilitation programme of the disabled person
Medical, professional and social rehabilitation of the disabled is carried out according to the individual rehabilitation programme, determined based on medical-social expertise (of the commission for medical expertise of work capacity, of the specialised expertise service of the medical consultation commission), conducted by state bodies assigned to do this by local self-management authorities with the participation of representatives of non-governmental organisations of the disabled.
The individual rehabilitation programme that is recommended to the disabled person sets the concrete volumes, types and terms for fulfilment of rehabilitation measures, and the types of social assistance.
The individual rehabilitation programme represented by the disabled person is a compulsory document for execution by state authorities and by enterprises, institutions and organisations.
Article 18. Medical care of the disabled
The disabled are provided with free qualified medical assistance from the state budget in all state medical institutions.
The disabled have priority to benefit from services in clinics, dispensaries and in pharmacies.
Article 19. The system of rehabilitation institutions
Central bodies of state administration and local self-management bodies, taking account of the structure of disability, must create rehabilitation centres with several profiles or that are specialised in complex rehabilitation, clinic and stationary wards for recovery treatment in curative-prophylactic institutions.
For the disabled who need permanent care and support of other persons internats and special dwellings shall be created that will have a set of rehabilitation and social services, home social service offices.
Article 20. Provision of prosthesis and orthopaedic devices, special motor means, phono-amplifiers and signallers, individual devices and equipment
The disabled with the residence in Moldova Republic, based on medical prescriptions, have the right to benefit from prosthesis and orthopaedic devices, special motor means, phono-amplifiers and signallers, individual devices and equipment free of charge or in advantageous conditions.
The disabled who do not have the residence in the Republic of Moldova have the right to purchase prosthesis and orthopaedic devices paying cash.
Foreign disabled persons who live temporarily in the Republic of Moldova have the right to purchase prosthesis and orthopaedic devices as established by Moldovan Government.
Chapter IV
EDUCATION AND PROFESSIONAL TRAINING OF THE DISABLED
Article 21. Provision of conditions required for education and professional training of the disabled
The State provides the necessary conditions for professional training to the disabled.
Public education institutions, together with healthcare, labour and social protection bodies must provide pre-school and extra-school education of disabled children, the acquisition of secondary education, specialised and higher education by the disabled according to the individual rehabilitation programme.
Education institutions, together with representatives of non-governmental organisations of the disabled can set additional facilitations for the training of disabled people.
Article 22. Personal education of disabled children
In order to provide the most advantageous possibilities for education of disabled children of school age and the necessary rehabilitation support, mainstream preschool institutions provide conditions for disabled children.
Special preschool institutions are created for disabled children whose health state excludes the possibility for them to be in mainstream preschool institutions.
Article 23. Secondary specialised and higher education for the disabled
The disabled benefit from mainstream education, specialised and higher education in mainstream institutions or in specialised education institutions, if necessary.
Training courses are organised for disabled children who benefit from treatment in curative-prophylactic institutions, stationary or rehabilitation institutions.
In case when the disabled pass the entrance examinations and are in the same conditions with the other candidates (score, work experience, etc.) have the right to be admitted preferentially in secondary specialised and higher education.
The disabled who have good academic results receive scholarships regardless of whether or not they benefit from pensions or allocations.
The state guarantees the employment of the young disabled specialists.
Article 24. Home education and training of disabled children
In case there is no possibility to educate and train disabled children in preschool institutions and mainstream or special educational institutions and taking account of the parents’ wish, the education and training are provided at home. In this case, one of the parents or carers replacing the parent shall benefit from material assistance and facilitations as established by law. The period of care of such a disabled person is included in work experience.
Instructive-educational institutions provide support to parents in training of disabled children at home.
Article 25. Extra-school education for disabled children
In order to provide multi-lateral development, educate social activism, interest to work, to teach them science, engineering, arts and sports, public educations bodies, other state bodies must ensure accessibility of extraordinary education for the disabled children.
Article 26. Education and training of disabled children in stationary institutions
Disabled children who are permanently in stationary institutions are provided by these institutions with follow-up education and training in organic connection with organic and labour adoption.
Article 27. Professional training and increase of qualification of the disabled
Professional training and increase of qualification of the disabled is provided in (specialised or mainstream) education institutions, enterprises and organisations in conjunction with social assistance institutions, according to the individual rehabilitation programme.
Material provision of the disabled during the professional training and increase of qualification is carried out in the conditions set by legislation.
Article 28. Forms of professional training and increase of qualification of the disabled
Professional training and increase of qualification of the disabled have different forms, including through mandatory attendance, part-time attendance, external attendance, group studies, special classes and according to individual educational plans, including home education.
Article 29. Gesture language
The state acknowledges gesture language as a means of communication between persons.
Legal status and sphere of application of gesture language are established by legislation.
Chapter V
WORK OF THE DISABLED
Article 30. Accomplishment of the right to work by the disabled
In order to fulfil creative and production capacities of the disabled and taking account of individual rehabilitation programmes, the disabled have the right to work in enterprises, institutions and organisations with ordinary work conditions, in specialised enterprises, sections and sectors that use the work of the disabled, and to practice individual work or other types of work that are not forbidden by law.
The refusal to conclude a work agreement or to promote, the dismissal on administration’s initiative, shifting the disabled person to another job without his/her consent because of the disability are not allowed, except for cases when the medical-social expertise shows that the health state of the person prevents him/her to carry out professional tasks or threats the health and security of other persons’ work.
It is not allowed to dismiss the person undergoing medical, professional and social rehabilitation courses in respective institutions on administration’s initiative regardless of the period of staying in these institutions.
Article 31. Employment of the disabled
The employment of workers who acquired some disability is carried out according to conclusions of medical commissions in the enterprise, institution, organisation where the employee lost partially his/her work capacity. In the event when there are no conditions to continue work activity by the disabled in the same enterprise, institution, organisation, the disabled will be employed with the support of the state employment agency.
The recommendations for employment of the disabled suggested by employment agencies (according to the reserved places) are compulsory for the employers.
Local self-management bodies, with the participation of non-governmental organisations of the disabled and taking account of the needs of disabled people, approve the lists of functions and professions that should be taken preferentially by the disabled, establish the norms of reservation for them, in enterprises, institutions and organisations, of the work places (at least 5% of the total number of the employees), create enterprises, specialised sections and sectors for the use of the work of the disabled.
Taking account of the needs of the disabled, enterprises, institutions and organisations create enterprises, specialised sections and sectors for the use of the work of disabled persons.
In this case, the Unemployment Fund shall repay the expenses incurred by them for the purchase of equipment intended to adjust the work places for the disabled.
The employment bodies, together with representatives of non-governmental organisations of the disabled, with the unions, develop annual employment programmes of the disabled.
Local self-management bodies have to provide the enterprises that provide home work for the disabled, as well as for the disabled who practice individual work activities with appropriate facilities and provide the necessary support for the purchase of raw materials and sale of products.
The employers who did not reserve jobs for the disabled or who avoid employing them shall pay financial contributions to the Unemployment Fund amounting to one average annual salary of the employee from the respective enterprise, institution, organisation for each uncreated job.
Article 32. Obligations of employees on the employment of persons who lost their work capacity at their work place
The employees have to distribute available jobs or to create new jobs for the employment of workers who lost their working capacity as a result of an accident in the respective enterprises or acquired a professional disease as a result of which they were acknowledged as disabled.
In case of failure to fulfil the mentioned conditions, at the termination of work contract (agreement) with the worker, the employees have to pay ten annual salaries of this worker to the Unemployment Fund.
Article 33. Advantages and facilitations for enterprises using the work of the disabled
Technical-material resources to enterprises and non-governmental organisations of the disabled are provided from centralised republican resources.
The production of enterprises intended for rehabilitation of the disabled (assets and technical accessories) is part of the state order and is provided as a priority with technical-material resources.
The construction of objectives for the disabled, regardless of funding sources, is on the list of state-ordered construction sites.
Article 34. Length of work time and norms of production for the disabled
For the 1st and 2nd- degree disabled (if they are not entitled to bigger facilitations) reduced work length is established – 30 hours per week.
The involvement of disabled in additional works, in work during the days-off and during the night is allowed only with their consent, if these works are not forbidden to them by the doctor.
The employers, in conjunction with union committees, have the right to reduce the work norms of the disabled working in enterprises.
Article 35. Vacation of the disabled
For the 1st - degree disabled (if they do not benefit from bigger facilitations) an annual vacation of 36 calendar days is set, for 2nd -degree disabled – 28 calendar days.
On the request of the disabled person, the administration shall provide unpaid additional vacation of up to two months to such person.
Chapter VI
SOCIAL ASSISTANCE FOR THE DISABLED
Article 36. Types of social assistance for the disabled.
The disabled benefit from social assistance in the form of cash payments (pensions, allocations, one-off payments), technical and other resources, including, wheel chairs, prostheses and orthopaedic devices, print production with special characters, phono-amplifiers and signallers, as well as home medical and housekeeping services.
The provision of technical and other means as well as of services to the disabled, is free of charge or in advantageous conditions.
The concrete types and the volume of social assistance are determined in the individual rehabilitation programme of the disabled person.
[Art.36 modified by L934/14.06.2000, MO70/22.06.2000]
Article 37. State bodies providing social assistance to the disabled.
Social assistance is provided to the disabled by local self-management authorities, by employment, labour, social protection, healthcare, public education, cultural, physical activities and sports and by other bodies based on conclusions of medical expertise in compliance with the legislation in force.
Central bodies of state administration and local self-management authorities establish for the disabled additional facilitations to meet their living, medical, commercial, transportation, telecommunication and other needs of social services.
Article 38. Funding sources for social assistance
Social assistance is provided on funds from republican and local budgets, as well as voluntary contributions of enterprises, institutions, organisations and citizens.
Enterprises, institutions and organisations funding the measures related to social assistance of the disabled benefit from tax exemptions in the conditions established by legislation.
Article 39. Competences of enterprises, institutions and organisations regarding decision-making for the improvement of living conditions of the disabled
The administration of enterprises, institutions and organisations, in conjunction with the staff, has the right to solve problems related to improvement of living conditions of the disabled, including to:
establish increments to state pensions taking account of the employee’s work contribution, of the total and uninterrupted work experience;
establish increments to pensions of single disabled people who need support and care by other persons;
establish facilitations for payment of rent, maintenance of children in departmental preschool institutions;
pay partially or integrally the bills for heating, utilities, individual locomotion means, other necessary goods;
deposit shares in cooperatives for construction of buildings, garages, horticulture activities;
pay the cost of travel tickets in all the types of public transport and visits to cultural institutions;
organise free nutrition;
provide other support to the disabled.
Enterprises, institutions and organisations have to provide facilitations to the disabled in using sports recreation complexes, cultural institutions, recreation facilities, sanatoriums that are subordinated to them.
Article 40. Making available technical and other means to the disabled person
A technical or other mean is made available to the disabled person according to the individual rehabilitation programme free of charge or in advantageous conditions.
If the technical or other means stipulated in the individual rehabilitation programme, cannot be made available to the disabled person by the state authority or if the disabled person purchased it on his/her own money, the compensation is paid to this person as established by legislation.
Article 41. Compensations provided to the disabled for travel in transport means
1st and 2nd- degree disabled, disabled children and persons who accompany a 1st – degree disabled person or a disabled child are provided with compensations for urban, suburban and inter-urban public transport (except for taxis) from the budgets of local public administration authorities
[Art.41 modified by L934/14.06.2000, MO70/22.06.2000]
Article 42. Provision of telecommunication means to the disabled
The Ministry of Informatics, Information and Telecommunications provides necessary conditions for the implementation of some special means of servicing through telecommunications to the disabled, creation of telephone discussion units for common use by the disabled, provision with special telephone sets to the subscribers with deficient hearing.
1st – degree blind people and 2nd – degree disabled people have the right to have telephone lines installed out of turn, including special ones, in the conditions established by legislation.
Article 43. Home care. Stationary institutions of social assistance for the disabled
The disabled who need care and support of other persons will benefit from medical and housekeeping services provided by social assistance bodies at home or in stationary institutions.
Central bodies of state administration and local self-management bodies contribute to the development of the network of social assistance stationary institutions for the disabled who need care by other persons.
Chapter VII
NON-GOVERNMENTAL ORGANIZATIONS OF THE DISABLED
Article 44. The right of the disabled to create non-governmental organisations
In order to protect rights and interests of the disabled, to provide mutual support and services to them, the disabled and the persons representing them have the right to create non-governmental organisations, including different funds, as established by legislation.
Central bodies of state administration and local self-management bodies provide support to non-governmental organisations of the disabled and to organisations that represent their interest.
Article 45. Distribution of dwellings built on the funds of non-governmental organisations of the disabled
The dwellings built by non-governmental organisations of the disabled on their funds are not alienated and are distributed by non-governmental organisations of the disabled according to legislation on dwellings.
In case of share participation in the construction of dwellings, non-governmental organisations of the disabled are exempted from share participation in capacity building of construction industry and dwelling building, as well as from the obligation to transmit part of the dwellings to local self-management bodies and to other organisations.
Article 46. International relations of non-governmental organisations of the disabled
According to their statutes, non-governmental organisations of the disabled can adhere to international non-governmental organisations, maintain relations and conclude agreements with them.
Article 47. Taxes perceived from non-governmental organisations of the disabled
Non-governmental organisations of the disabled and their enterprises, institutions and organisations benefit from facilitations and exemptions from tax payment, as established by legislation, including the exemption of income tax – according to provisions of the Fiscal Code and of the Law on Administration of Income Tax and for the application of Titles I and II of the Fiscal Code.
Art.47 in the wording of Law no.1592-XII dated 27.02.98
President of
Republic of Moldova Mircea Snegur
Chisinau, 24 December 1991
No. 821-XII
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