Press statement | 15.02.2017

Social security and equality as a basis for the inclusion of persons with disabilities

Ombudspersons of Bosnia and Herzegovina, acting on complaints of social workers employed in the social welfare centers in the Una-Sana Canton, due to the problems faced in the implementation of the Law on Social Protection, Protection of Civil War Victims and Families with Children of Una-Sana Canton, when deciding on the rights of the allowance for care and assistance of another person sent a recommendation to the Government of Una-Sana Canton and the Ministry of Health, Labour and Social policy of the Una-Sana Canton to take all measures and actions in order to establish social equality of citizens of the Canton.

During the investigation process, Ombudspersons found that the exercise of this right for the citizens of the Una-Sana Canton disability of whom is established by the competent medical board is not disputed, the only question is whether this right is realized according to the cantonal or federal law on social protection, which means the difference in amount of compensation and regularity of its payment. This legal solution causes legal insecurity of citizens and discrimination against persons with disabilities based on their property status.

Attendance allowance for those who need care and assistance of another person is the right/entitlement granted to persons whose psycho-physical condition is such that it requires assistance and care of another person in performing their basic needs (the exercise of this right depends on a competent medical board) and is not related to the financial status of its beneficiaries, which is in line with the views of international documents related to the area of protection of persons with disabilities.

Ombudspersons of Bosnia and Herzegovina in their reports, and actions made in the framework of processing the individual complaints continually indicate that the factual progress on improving the situation of people with disabilities is lagging behind compared to the normative and therefore the competent authorities, decision-makers in administrative procedures, as well as all other actors in the process of inclusion of people with disabilities, must make a maximum effort to consistently apply the laws and regulations in order to create conditions for the realization of the recognized rights. This implies taking measures to amend existing legislation if it is found by the competent authorities to lead to inequality in citizens’ status.

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