User:CircleGirl/Disability in France

Set in France In France, the definition given in the Disability Act of 11 February 2005 on equal rights and opportunities, participation and citizenship of persons with disabilities defines disability as follows in Article 114: "constitutes a disability, within the meaning of this Act, any limitation of activity or restriction of participation in society in the environment of a person by reason of a substantial, permanent or permanent alteration of one or more physical, sensory or mental functions, cognitive or psychic, polyhandicap or disabling health condition. ".

History Report Catalina Aguilar-Devandas Catalina Devandas-Aguilar, independent expert mandated by the Human Rights Council and the UN General Assembly, visits France from 3 to 17 October 2017 to advise on the implementation of the rights of persons with disabilities in the world. It notes that the Electoral Code, the Civil Code and the Law on Mental Health do not comply with Article 12 of the Convention on the Rights of Persons with Disabilities (CRPD). It urges the legislative authorities to undertake a comprehensive review of their normative framework in order to finalize the process of legal harmonization, in accordance with Article 4 of CRPD 1.

The 2005 Equal Opportunities Act provides a definition of disability that does not correspond to the Convention, and does not recognize the right to reasonable accommodation 1. Socio-demographic data are lacking 1. She added that the focus on the individual's disability, and not the lack of services provided, contributes to the isolation and delay of public policies in changing the environment and access to services. local services 1. She proposes an awareness campaignscale to implement a rights-based disability policy. The majority of public authorities and providers she meets are not aware of the provisions of the CRPD, the voice of persons with disabilities is not sufficiently taken into account 1.

It urges the government to accelerate the transformation of the physical environment to allow accessibility to public and private infrastructure, and public transit 1. A delay in daily use of the French Sign Language (LSF) is noted, including in basic services. Essential awareness campaigns are generally not available to all persons with disabilities, including people who are deafblind, autistic or have intellectual disabilities. The focus is on the use of alternative and augmentative technologies. The use of Braille is less and less answered, which leads to a risk of illiteracy for blind people 1.

French social protection systems are denounced for their complex and fragmented nature. The majority of associations managing institutions and services favor placement in institutions rather than living in a corporation. The French social protection system is described as having a paternalistic approach of isolation rather than promoting measures of access to citizenship and participation in the community 1. It highlights a lack of training for school auxiliary staff (AVS), adaptation of programs as well as classroom facilities. A comprehensive policy of transformation of the education system is recommended. The expert also commits the) In non-residential resource centers for disabled children, because once the children are sent to the health center, the Ministry of National Education does provide more monitoring 1.

The placement in institutions of disabled people is denounced, as well as the placement in institutions in Belgium of about 6,500 people including 1,500 children, without the authorities monitoring. The massive demand for placement in an institution reflects a lack of local support. Approximately 10,000 children and 200,000 adults live in institutions of all kinds 1. The government is called to put in place a moratorium, in order to suspend any new admission of disabled children in institutions 1.

According to data from the Ministry of Justice, there are some 385,000 persons with disabilities under guardianship and 3,50000 under curatorship. People with autism and those with intellectual disabilities are automatically placed under tutorship or curatorship in order to facilitate their placement in institutions and their access to social benefits 1. Trusteeship entails the risk of institutionalization and deprivation of rights for these persons. All persons with disabilities should benefit from accompanied decision-making in order to decide for themselves 1.

The Code of Public Health, as amended by Law n o 2011-803 of 5 July 2011, governs the conditions and procedures for s psychiatric anoint without consent, either outpatient or as complete or partial hospitalization, request from a third party or a representative of the State. People with psychosocial disabilities remain in psychiatric hospitals for long periods, not being sufficiently informed of their rights to meet the judge of liberty and detention. Opportunities to oppose the admission of these people are limited, judges relying mainly on the advice of doctors 1.

Cases of sexual and psychological abuse, the use of solitary confinement or restraint, the practice of packing for people with autism, are reported, as well as threats of hospitalization without consent from the medical staff. Curfews and restrictions on mobility are in place for persons hospitalized by psychiatry as outpatients. France is urged to review its legal framework for psychiatric care without consent so that any therapeutic intervention is based on a free and informed consent 1.

The concept of development reasoning, provided for in article 2 of the CRPD, is not implemented or recognized in terms of employment. This would ensure the effective inclusion of people with disabilities in the workplace, including through accommodations for their recruitment and career development 1.

The Government is encouraged to participate in the establishment of representative organizations of all categories of persons with disabilities, including those with multiple disabilities and intellectual, psychosocial or developmental disabilities. These persons are not taken into account, which constitutes an obstacle to article 29 of the CRPD. The National Consultative Council for the Disabled (CNCPH) does not have an operating budget to ensure the proper functioning of the latter. Consultation procedures with service providers and parent associations representing their interests are not sufficient, especially in rural areas or in overseas departments and regions 1.

Article L5 on the suspension of the right to vote for certain persons under guardianship in the Electoral Code must be revoked, as 17% of disabled persons placed under guardianship are deprived of this right. There is also a lack of accessibility to polling stations and election campaigns 1.

The ODA is not inclusive and accessible to persons with disabilities, while it should be the case under Article 32 of the CRPD 1.

Sociology of disability in France Demographics The figures for disability in France vary according to the definition given to this term and the source of the data.

According to INSEE, France has 9.6 million disabled people 2.

Employment According to official data from the Ministry of Labor (2017), the unemployment rate of persons with disabilities is estimated at 18%, which is twice the rate of the overall population, and people with disabilities who are looking for work are often less qualified and older than the average population of people looking for work. The 2005 law imposes an employment obligation equal to 6% of the salaried workforce for disabled workers 1.

Social policies Principles and measures Main article: Handicap in France. In France, the disability law of February 11, 2005 3 aims to improve the integration of the disabled person. In the name of the principle of equality, it recognizes that the right to compensation for disability results from a societal duty, and not from a logic of commiseration or charity. It aims to restore equal opportunities. In France, there are, among other things, increased requirements for accessibility of urban spaces and various provisions aimed at removing barriers to access to employment. In financial terms, this effort resulted in the establishment of the National Solidarity Fund for Autonomy (CNSA).

Measures of incapacity In France, the legal measure of the severity of a disability is expressed in terms of the permanent disability rate according to a scale adapted from that of ONAC for physical disabilities and occupational diseases, art. L 143-1 of the Social Security Code 4. The scale may be subject to litigation with the Courts of Disability Litigation (TCI) responsible for litigation technical social security, first instance. The CNITAAT rules on appeal ICT judgments. The CNITAAT constitutes since 2003 the second degree of jurisdiction, It renders judgments that can be challenged before the Court of Cassation.

For other disabilities the disability rate is determined by the MDPH, it is entitled to financial compensation Allowance for disabled adults and possible compensation allowance (PACT).

In practice in France In the field of disability, various institutional actors intervene in France at the national, regional or local level.