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Monitoring of citizens’ appeals in December 2012

25/01/2013

Prepared by the Office for the rights of persons with disabilities.

Monitoring of citizens’ appeals.

Period: December 2012

56 appeals were received from December 1 till December 31 2012 by the Office for the rights of persons with disabilities.
27 appeals were taken for further more detailed consideration by the Office’s lawyers.

Appeals in numbers.

Women – 12
Men – 15
1st group disabled – 10
2nd group disabled – 13
3rd group disabled – 0
Children:
With the 4rd group of health loss – 3
With the 2nd group of health loss – 1
Appeals which are being considered: 7
Appeals from Minsk: 17
Appeals from regions: 10

During the reporting period the Office considered:

1.    Appeals concerning labour and employment 2
2.    Appeals concerning sufficient living standard and social protection (including the main rights and benefits, pension, financial support alimony): 7
3.    Appeals concerning health: 2
4.    Appeals concerning accessibility (including barrier-free environment, housing problems): 2
5.    Appeals concerning independent way of life and inclusion to local community: 2
6.    Appeals concerning habilitation and rehabilitation: 7
7.    Appeals concerning equality before the law (including the problem of crossing border without standing in line and the ban to visit night club) 3

Appeals to which citizens got the refuse: 2 (problems of registration of a part of common apartment).

The majority of appeals concerned sufficient living standard, habilitation and rehabilitation.

Citizen S. appealed to the Office with the following problem: Her brother doesn’t have enough money (pension) to be accepted to boarding house in Logoisk. The citizen asked the Office a question if her brother who is a 1st group disabled (after heart attack) has the right to demand financial support from his sons.
What concerns his sons and if they really have to “take care of their parents and render them financial support”, because support of incapacitated parents who are in need is the obligation of their adult able-bodied children (article 100 of the Family Code of the Republic of Belarus from July 9, 1999 № 278-3).
In accordance with the regulation on the order, peculiarities and grounds for granting citizens special living premises of state living fund in boarding houses for elderly people and disabled, for disabled children, special houses for veterans, elderly and disabled adopted by the resolution of the Council of Ministers № 1408 from 24.09.2008 “local executive bodies on the basis of petitions by the bodies of labour, employment and social protection of district (city) executive committees, local administrations can make a decision:

-    To reduce payment for permanent or temporarily, excluding short-term, residence in boarding houses of common type and special boarding houses or complete release from payment in cases of circumstances (damage to life, health, property in the result of natural disasters, catastrophes, fires and other situations) objectively violating their normal way of life and which are not possible to solve by yourself.
-    To reduce payment for permanent or temporarily, excluding short-term, residence in boarding houses of common type, special boarding houses, psychoneurological boarding houses for citizens who get pension from other countries, in accordance with the international treaties (agreements), signed by the Republic of Belarus, and who don’t have persons who are obliged by the law to support them and whose pension is less than the residence fee.”
What concerns the problems of habilitation and rehabilitation, citizen CH. who had his leg amputated because of the terrorist bombing on April 11, 2011 appealed with the problem of provision with technical means of rehabilitation.

The citizen was informed by the Office’s lawyer that in accordance with the Decree of the President of the Republic of Belarus from August 1, 2011 № 335 “On Measures of social protection of persons who suffered from terrorist act on April 11, 2011” there are the following regulations: persons who suffered from terrorist act on April 11, 2011 in Minsk at subway station “Kastrycnickaja” and who are in need of technical means of social rehabilitation, bandaging materials, prescription drugs which are on the list of main drugs, defined by the Ministry of Heath, are given technical means of social rehabilitation, bandaging materials, prescription drugs for free after the decision of medical-rehabilitation expert commission or medical-consultative commission of the state health organization.

Also on the basis of the Resolution by the Council of Ministers of the Republic of Belarus № 1458 from November 9, 2009 “On the order of social rehabilitation of persons who suffered in the result of an act of terrorism”, during medical rehabilitation state health organizations render all the necessary complex of medical services, notwithstanding the place of their permanent residence, aimed at recovery of the normal vital functions and compensation of his functional abilities, disturbed in the result of illness. Medical rehabilitation of the victims, including those in steady-state conditions, is held in cases of medical indications in accordance with clinical protocols of medical rehabilitation and the methods of rendering medical assistance.