Investigating human rights
A representative of an NGO for persons with disabilities explained the
problem of a premature determination of original incapacity to work to
the AOB. Persons for whom it was determined that they are more than 50%
incapacitated to work before starting their working life are outside the Public
Employment Service’s responsibility. However, adolescents with impairments
still need special support after the end of compulsory education before they
can start training or partial qualification. People should be given more time to
prove themselves. This is not possible without suitable support structures. The
lack of individual coordination of the offers from the Federal Government and
the Laender leaves the integration into the daily structure of a workshop as
the only possible option. After working in these facilities, young persons with
disabilities only have a low chance of finding permanent work on the regular
or intermediate labour market.
More professional
qualification offers
needed for the young
The support systems must be designed so that persons with severe impairments
can take part in working life. This requires the extension of supported
employment, personal assistance and non-profit temporary work projects
with full protection under the social security scheme. The classification has to
be urgently standardised and made more person-oriented. The current 50%
limit of incapacity to work and associated exclusion from supporting offers for
achieving regular employment and training contracts is rigid and randomly
defined. After evaluation, this has to be abolished taking into account the
circumstance that the UN CRPD demands a clear departure from the medical
model of understanding disability. Accordingly, an open, inclusive, permeable
employment market that is accessible to all has to be built pursuant to Article
27 UN CRPD. It must be possible for all persons with disabilities to live from
earning their own income.
Compensation for former home children - Act on Crime Victims
In the Annual Report 2014, the AOB reported about the problems former home
children have in enforcing their request for benefits in accordance with the Act
on Crime Victims (Verbrechensopfergesetz) at the Ministry of Social Affairs
Service. Affected persons who were victims of abuse, violence and degrading
treatment in homes for children and juveniles contacted the AOB again in this
review period.
In most of the cases, the claimants were not fully informed about the eligibility
requirements set down in the Act on Crime Victims. For example, many
did not know that only the right to covering the cost of psychotherapy or
compensation for loss of income is possible. Having to deal intensively again
with what they experienced was extremely stressful for many of them.
Covering costs for
psychotherapy or
compensation for loss
of income
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