National Preventive Mechanism
without recourse regulations). Persons with disabilities working in (sheltered)
workshops should be entitled to regular wages and acquire entitlement
under statutory social insurance. Transition solutions here will probably be
unavoidable, but the elimination of public transfer payments must not be a
financial disadvantage for the persons affected.
The reports by the commissions make problems inherent in the current
legal situation clear. In at least one Land, persons with disabilities are
repeatedly urged to sue their parents for maintenance. It was also reported
to the NPM that at least individual workshops that take on external jobs
generate surpluses while the workers do not profit directly from this. In such
cases, a “wage” in the form of pocket money runs the risk of being equal to
exploitation of the individual workers.
Too little promotion for
integration into normal
jobs
At the same time, integration into normal jobs must be driven forward.
The prerequisite for this would be, for example, an expansion of personal
assistance services, specifically, but not exclusively, for persons with learning
disabilities. However, at this time, an attempt to undertake integration is
associated with significant risks. Public transfer payments previously received
do not go dormant, but underlying entitlements expire. The essential
prerequisite – beside targeted promotion – is therefore the possibility that
entitlements to public transfer payments are revived.
The commissions have repeatedly criticised that in some facilities the
offerings barely go beyond “occupational therapy”. Integration into “normal
jobs” does not occur, because the care staff views such jobs as practically
unattainable. From the perspective of the UN CRPD, the greatest possible
self-determination for persons with disabilities is a main focal point, which
is why at a minimum inclusion goals should be defined and pursued to the
greatest degree possible.
In contrast, in the requirements for the operator organisations in one Land,
the promotion of integration into “normal jobs” is not mandatory. While it
is defined as a possibility, clear, unambiguous goals are lacking.
¾¾ Payment of regular wages in occupational therapy workshops should
be pursued.
¾¾ Acquisition of entitlements under social insurance law should be
pursued.
¾¾ Integration into normal jobs should be adequately promoted.
¾¾ The right to work in accordance with the CRPD must be ensured.
128
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