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Germany

A. UN Convention status

A1. Ratification or conclusion of the UN Convention

Germany signed the Convention on 30 March 2007. In December 2008 both the German Parliament [Bundestag] and the Federal Council of the 16 German federal states [Bundesrat] voted on the ratification. Following these resolutions, it was published on 31 December 2008 in the Federal Law Gazette (BGBL 2008 II, No. 35, 1419 ff.). The ratification deed was deposited by the Secretary-General of the United Nations on 24 February 2009. The Convention entered into force for Germany on 26 March 2009.

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Update date: Tue, 2017-07-25

A2. Ratification or accession to the Optional Protocol

Germany signed the Optional Protocol on 30 March 2007. In December 2008 both the German Parliament [Bundestag] and the Federal Council of the 16 German federal states [Bundesrat] voted on the ratification. Following these resolutions, it was published on 31 December 2008 in the Federal Law Gazette (BGBL 2008 II, No. 35, 1419 ff.). The ratification deed was deposited by the Secretary-General of the United Nations on 24 February 2009. The optional protocol entered into force for Germany on 26 March 2009.

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Update date: Tue, 2017-07-25

A3. Declarations, Reservations and Objections

There are no declarations, reservations or objections by the Federal Republic of Germany.

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Update date: Fri, 2012-03-23

A4. Comprehensive review

The German government enacted the first country report about the implementation of the CRPD in Germany on 3 August 2011. The review shows for each Article of the CRPD the state of the art of German disability laws and regulations.

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Update date: Tue, 2017-07-25

A5. Focal point

The Federal Ministry for Labour and Social Affairs is the focal point within the German government according to Article 33 of the UNCRPD. The sixteen German federal states [Bundesländer] have appointed focal points on their level as well. The Federal Ministry for Labour and Social Affairs liaises with the 16 sub-focal points for all matters relating to the implementation of the UN CRPD.

Links

Update date: Tue, 2017-07-25

A6. Coordination mechanism

The Federal Government Commissioner for Matters relating to Persons with Disabilities is the appointed the Coordination Mechanism according to Article 33 of the UN CRPD. The voice of the civil society, especially of organisations of and for persons with disabilities, is represented by a special advisory board.

Links

Update date: Tue, 2017-07-25

A7. Independent mechanism

The German Institute for Human Rights [Deutsches Institut für Menschenrechte e.V.] is entrusted with the monitoring task under Article 33 paragraph 2 of the UN CRPD. The Institute is an independent body operating on the basis of the United Nations Paris principles. It started work in 2001 and is currently financed by the Federal Ministry of Justice, the Foreign Ministry and the Federal Ministry of Economic Cooperation and Development. Its independence is guaranteed via its legal form and the articles of association. To comply with the monitoring task under the UN CRPD, a separate department within the Institute - the CRPD Monitoring Body - has been set up and started work in May 2009. The Federal Ministry for Labour and Social Affairs provides EUR 430,000 per year to support the independent body.

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Update date: Tue, 2017-07-25

A8. Official reporting

The first state report about the UN CRPD was due in March 2011. It was authorized by the German government on 3 August 2011 and published subsequently. It was submitted to the UN in September 2011 and published in May 2013. In April 2014 the UN sent a List of Issues to the German government with open questions regarding the German state report on the implementation of the UN CRPD. The answers of the German government have been released in August 2014. The German state report was reviewed by the UN in 2015.

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Update date: Wed, 2017-08-09

A9. Shadow reporting

For the purpose of shadow reporting German Disabled People’s Organisations and other civil society organisations formed the Alliance of Non-Governmental Organisations on the UN CRPD (German CRPD-Alliance). In March 2012 the CRPD-Alliance had 78 members; it is financed by 'Aktion Mensch', a private lottery organisation for persons with disabilities operating at the national level; the 'Network Article 3 - Association for Human Rights and Equality for Disabled People' (Netzwerk Artikel 3) is acting as the alliance's executive board. This association is also responsible for the German 'shadow translation' of the UN CRPD, the official German version is criticized by disabled people and their organisations for not aligning with the international vocabulary of disability rights activism. The German CRPD-Alliance enacted the first shadow report for Germany (First Civil Society Report on the Implementation of the UN Convention on the Rights of Persons with Disabilities in Germany) on 17 January 2013. With regard to the pending review of Germany’s state report by the UN, the CRPD-Alliance released a statement on the UN List of Issues.

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Update date: Tue, 2017-07-25

B. General legal framework

B1. Anti-discrimination legislation

In Germany there are three main laws which form the legal framework for non-discrimination on the grounds of disability. First, the German Constitution [Grundgesetz] states in Article 3:

  1. All persons shall be equal before the law.
  2. Men and women shall have equal rights. The state shall promote the actual implementation of equal rights for women and men and take steps to eliminate disadvantages that now exist.
  3. No person shall be favoured or disfavoured because of sex, parentage, race, language, homeland and origin, faith, or religious or political opinions. No person shall be disfavoured because of disability.’

Article 3 paragraph 3 sentence 2 of the German Constitution, added in 1994, prohibits discrimination on the ground of disability. Second, there is the national Disability Equality Act [Gesetz zur Gleichstellung behinderter Menschen – Behindertengleichstellungsgesetz, BGG]. This law came into force in 2002 and was revised in 2016. It focuses on equal opportunities and accessibility of the public service sector, but has also small implications for private businesses. By now, all federal states [Bundesländer] of Germany have implemented their own disability equality acts in order to implement the federal standards. As a result, Germany now has 16 laws at the federal level and one national act. The third important law at national level is the General Equality Act [Allgemeines Gleichbehandlungsgesetz, AGG] which came into force in 2006. It protects disabled persons and others against discrimination in the workplace and in civil law. This law established the new institution of the Federal Anti-Discrimination Agency [Antidiskriminierungsstelle des Bundes] which aims to stimulate public discourse, to inform about non-discrimination legislation, to monitor the practice and to carry out research and last but not least, to give advice to persons who have experienced discrimination. The foundation and tasks of the Federal Anti-Discrimination Agency are regulated in sections 25-30 AGG.

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Update date: Tue, 2017-07-25

B2. Recognition of legal capacity

In Germany legal custodianship (guardianship) can be established if a person is not able to manage his or her own affairs in daily life. The legal basis is the Civil Code Book (section 1896 ff. Bürgerliches Gesetzbuch, BGB). It is dependent on an individual’s condition and in most cases restricted to certain areas of agency (e.g. health, financial care) and will power. Reasons for guardianship are: mental illness, dementia, a high degree of intellectual disability (cognitive impairments) or other chronic conditions that make a person unable to take care of his or her life affairs. According to the German Civil Code Book (section 1906 BGB) compulsory detention in a mental hospital is in general forbidden, but may be possible as an exception under the condition that an individual endangers him- or herself and/or others. In 2013 the law was revised. Now medical treatment against a person’s will is not only dependent on the authorised legal guardian but the consent of the responsible guardianship court [Betreuungsgericht] is also needed. The institution of supported decision-making as recognised in Article 12 of the UN CRPD has not yet been fully implemented into German civil law.

The law concerning care and attendance stipulates that legal representatives need to ensure adequate knowledge about the wishes, wills and needs of the individual under care. They need to consider these in their work. Upcoming decisions need to be discussed as well to the extent possible. If this is impossible the assumed will needs to be determined, for example, through previous conversations with the individual under care or information by his/her relatives (Osterfeld 2016), In practice, this is often enough impossible because of inadequate temporal or financial conditions and because of a deficient qualification of the legal representatives. In the end, it cannot be excluded that people with disabilities are patronised or other-directed under the existing law concerning care.

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Update date: Tue, 2017-07-25

B3. Accessibility of voting and elections

According to the German Constitution (Article 38 ff. GG) every person has the right to vote in general, direct, free, equal and secret elections. The disability equality acts at the national level and of the federal states include provisions to provide accessibility in elections. But according to the German Electoral law (section 13 Bundeswahlgesetz, BWahlG) a person under guardianship can be denied the right to vote under certain circumstances. The denial of the right to vote is possible when a comprehensive guardianship covering all life areas is established, although the capacity to participate in an election is not examined in the guardianship procedure. Persons who are sentenced to stay in forensic institutions can also be excluded from the right to vote under certain circumstances. This practice is criticised by the CRPD Monitoring Body. Several federal states (Bundesländer) have recently granted the right to vote regardless of any disability.

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Update date: Tue, 2017-07-25

B4. Official recognition of sign language

In Germany sign language has been recognized as an official language since 2002. The legal basis is the national Disability Equality Act (section 6 paragraph 1 BGG). Paragraph 82 benefits for the promotion of communication (Leistungen zur Förderung der Verständigung). of the Federal Participation Law (2016, Bundesteilhabegesetz) stresses that alternative means of communication such as sign language need to be taken into account if required.

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Update date: Tue, 2017-07-25

B5. National disability strategy and action plan

The first national disability action plan for the implementation of the CRPD was published on 15 June 2011. It is entitled ’Just doing it’; Our Journey into an Inclusive Society [‘Einfach machen’; Unser Weg in eine inklusive Gesellschaft’]. In this action plan the German government commits itself to inclusion as a long-term objective. Participation of persons with disabilities in working life is identified as a priority. Another key issue is the improvement of indicators and statistics about the situation of persons with disabilities. More valid data is needed to guarantee a solid foundation for policy changes.

To inform about the life situations of persons with disabilities and the effectiveness of policy instruments the Federal Ministry for Labour and Social Affairs regularly publishes official disability reports. At least one report in each legislation period is legally required. The last government report was published in 2016.

The second National Action Plan places greater emphasis on human rights issues (see German Institute for Human Rights 2016, 2) than the National Action Plan of 2011. The German Federal government’s National Action Plan 2.0 covers 13 areas of activity and 175 different measures. All things considered, the new National Action Plan 2.0 is in progress, even if it does not implement all the calls of the UN Committee consistently or consequently, for example, in regard to the segregation of people in sheltered workshops (see Deutsches Institut für Menschenrechte, 3). Partially, it is feared that the National Action Plan 2.0 may worsen the situation of people with disabilities.

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Update date: Tue, 2017-07-25

C. Accessibility

C1. Transport accessibility

Section 8 paragraph 2 Disability Equality Act [Gesetz zur Gleichstellung behinderter Menschen – Behindertengleichstellungsgesetz, BGG] stipulates at the national level that public transport has to be accessible. This law has caused changes in the specific legislation that touches the issue of transport accessibility. In 2012 the national passenger transport law was reformed accordingly. It stipulates that full accessibility of public transport is to be ensured until 2022. Long distance bus services are to be fully accessible until 2019.

As the amended version of the Federal Participation Law, dating from July 2016, excludes the private sector, the legally binding changes are affecting the public sector only. Thus, accessibility and participation in society according to the UN CRPD is insufficient because of everyday barriers in the private sector. Within the framework of the state party review, the UN Committee pointed out that the distinction between the public and the private sector in regard to goods and services is inacceptable and cannot be a deciding factor for the implementation of accessibility according to the UN CRPD. The Social Association Germany (Sozialverband Deutschland) argues that the amended version of the Disability Equality Act (Gesetz zur Gleichstellung behinderter Menschen – Behindertengleichstellungsgesetz, BGG) does not meet the requirements for full and active participation if the private sector is not included (see Sozialverband Deutschland 2016, 4).

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Update date: Tue, 2017-07-25

C2. Built environment accessibility

Section 8 paragraph 1 Disability Equality Act [Gesetz zur Gleichstellung behinderter Menschen – Behindertengleichstellungsgesetz, BGG] stipulates at the national level that public buildings have to be accessible; this obligation applies to new buildings as well as to reconstructions of public buildings on a large scale. All 16 federal states [Länder] have similar laws and regulations on accessibility in buildings which are open to the public.

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Update date: Fri, 2012-03-23

C3. ICT and Web accessibility

Since 2002 public service sectors have been obliged to provide accessible websites. The legal basis is the national Disability Equality Act (section 11 Gesetz zur Gleichstellung behinderter Menschen – Behindertengleichstellungsgesetz, BGG). This law has caused changes in other specific legislation that touches issues of accessibility, for example, the Telecommunications Act [Telekommunikationsgesetz] in Section 45 stipulates that disabled users are to have equal access to broadcasting and telecommunication systems. The Federal Home Office and the Federal Ministry for Labour and Social Affairs issue regulations about the accessibility needs to be considered, technical norms, periods of time and the scope of the law. There are the Regulation of the Use of Sign Language and Other Communication Aids in Administrative Procedures [Kommunikationshilfenverordnung] and the Regulation on Barrier-Free Information Technologies [Barrierefreie Informationstechnik-Verordnung]. Other (commercial) Internet providers are entitled to negotiate their accessibility standards in goal agreements with Disabled People's Organisations.

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Update date: Tue, 2017-07-25

D. Independent living

D1. Choice of living arrangements

The disability rights movement has been successful in establishing the concept of personal assistance (the so called 'employer model') as well as an infrastructure for support in independent living. At local level there are around 20 centres run by disabled people which offer counselling and practical support for all disabled people who want to live independently. There are also several national (umbrella) organisations which provide networks and also lobby on the issue. In recent years there have been positive developments towards implementation of the approach of independent living. The Disability Equality Act of 2002 (Gesetz zur Gleichstellung behinderter Menschen – Behindertengleichstellungsgesetz, BGG) has brought the issue of accessibility to the fore.

The Federal Participation Law (Bundesteilhabegesetz) from 2016 promotes free choice of living arrangements and the transition from institutional care to private households, but at the same time some of the regulations weaken this principal. The so called ‘higher cost reservation’ (Mehrkostenvorbehalt) determines that people with disabilities can be forced to live in residential homes and/or forced to pool benefits/assistance if private and individual solutions are more expensive and/or considered unreasonable (Deutsches Institut für Menschenrechte 2016).

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Update date: Tue, 2017-07-25

D2. De-institutionalisation

The social assistance system (Social Code Book XII) and, as part of it, the 'Integration Support for Disabled People' [Eingliederungshilfe für behinderte Menschen; section 53 ff. SGB XII] as well as the Long Term Care Insurance (Social Code Book XI) are based on the principle of community oriented assistance and care. This priority is not valid if its execution would result in disproportionately extra costs in comparison with institutional support (section 13 paragraph 1 SGB XII). But the term 'disproportionately extra costs' is not regulated and exact sums are not numbered; the decision is taken by the responsible administration which considers the individual case in question and the social budget of the respective region. Officially disabled people have the right to opt for different types of institutional and home care. In 2008 the law for the further development of the mandatory long term care insurance [Gesetz zur strukturellen Weiterentwicklung der Pflegeversicherung] reformed the long-term care insurance system in many aspects: the existing lump sums for institutional and home care were increased; care benefits for people with cognitive disabilities and dementia were upgraded; individual case management and the option of care assistance for people with comprehensive support needs in areas of daily living were introduced. Another law [Gesetz zur Regelung des Assistenzpflegebedarfs im Krankenhaus] stipulated that disabled people who rely on personal assistance are entitled to keep their personal assistants during their stay in hospital.

As a consequence, the Federal Participation Law (Bundesteilhabegesetz) from 2016 could, on the one hand, promote deinstitutionalisation through free choice of living arrangements and the transition from institutional care to private households. On the other hand, some of the regulations (such as the ‘higher cost reservation’ (Mehrkostenvorbehalt) can force people with disabilities into residential homes if private and individual solutions are more expensive than institutional ones (Deutsches Institut für Menschenrechte 2016).

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Update date: Tue, 2017-07-25

D3. Quality of social services

In 2008 the German system of long-term care insurance was reformed in order to provide better quality management: services such as counselling and support for caregivers as well as the evaluation and regular control procedures of long-term care institutions were improved; individual case management was introduced. In 2012/2013 the long-term care readjustment law [Pflege-Neuausrichtungs-Gesetz, PNG] came into force. It increased the benefits for old people with dementia and their families, made care services and benefits more flexible and introduced supplementary private long-term care insurance.

Since January 2017 changes have been made to nursing care insurance. The different levels of care (Pflegestufen) have been transformed into degrees of care (Pflegestufen). Along with the implementation of degrees of care the classification of nursing care has been based on a person’s autonomy in certain areas of life. As the grandfathering is indefinite, it is impossible to downgrade previously granted care services.

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Update date: Tue, 2017-07-25

D4. Provision of assistive devices at home

In Germany assistive devices at home are mainly financed through health insurance or, if a device is needed in the case of long-term care, the long term care insurance applies. If a disability is due to an accident, the accident insurance is responsible for financing necessary equipment.

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Update date: Fri, 2012-03-23

D5. Availability of personal assistance schemes

In Germany personal assistance services for independent living that are controlled and directed by disabled people themselves have been gradually developed and established since the 1980s. In principal, today all persons with severe disabilities and in need for comprehensive assistance are entitled to personal assistance. It is financed through the 'Integration Support for Disabled People' [Eingliederungshilfe für behinderte Menschen; Section 53 ff. SGB XII] as part of the social assistance law regulated in the Social Code Book XII [Sozialgesetzbuch XII]. The introduction of the mandatory long-term care insurance in 1995 [Sozialgesetzbuch XI] has been regarded by independent living activists as a backlash, as it draws on a medical and reductionist model of long-term care. It is worth noting however that even this scheme aims, at least in principle, at community orientation and individual self-determination. Direct payments have been gradually introduced since the Social Code Book for Rehabilitation and Participation of Disabled People [Sozialgesetzbuch IX], as a framework act, came into force in 2001; taking the form of personal budgets, they have become a legal right since 2008. It is likely that personal budgets will further promote the implementation of independent living, as the lump sums are granted, distributed and managed according to individual needs and life situations.

The new ‘personal budgets’ have the potential to promote the implementation of independent living, as lump sums are granted, distributed and managed according to individual needs and life situations. There are three ways to organise and manage work assistance: a) self-reliant, b) as service model (specific services provide assistance services), c) as a mixture of a) and b). The funding can also be provided by a personal budget according to § 17 of the Social Code Book IX (SGB IX) or as a benefit in kind trough a relevant service provider (betanet 6). However, the use of such services requires a lot of effort due to bureaucratic constraints.

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Update date: Tue, 2017-07-25

D6. Income maintenance

In general, the German social security system offers several types of income maintenance for disabled people: old age pensions, pensions depending on the individual degree of work capacity, basic income for disabled people under the poverty line, and basic income for unemployed people with disabilities. Firstly, as the majority of people with official disability status in Germany have reached retirement age and are no longer in employment, main source of income for disabled people is pensions. Secondly, there are additional types of pensions for disabled individuals with no, or reduced work capacity that depend on the individual degree of work capacity; one can either receive a pension due to full reduction in earning capacity [Rente wegen voller Erwerbsminderung] or a pension due to partial reduction in earning capacity [Rente wegen teilweiser Erwerbsminderung]. Recipients of the pension due to full reduction in earning capacity are obliged to have an earning capacity which is less than three hours per day, whereas recipients of the pension due to partial reduction of earning capacity are regarded as capable of working for three to six hours per day. Thirdly, supplementary to the pension insurance system there is a social security benefit that offers basic income for two groups. The first group is formed by people who receive regular pensions or other financial benefits which are under the poverty line. The second group includes disabled people who have never been, and are not likely to become, members of the workforce; usually this group cannot get regular employment, but works in sheltered workshops. The so-called basic pension for old age pensioners under the poverty line as well as persons with no earning capacity [Grundsicherung im Alter und bei Erwerbsminderung] entered into force in 2003 and is granted either to people over 65 resp. 67 in order to prevent poverty or to disabled persons aged 18-64 who have a constant reduction of earning capacity. Fourthly, if disabled people are part of the workforce, are able to work and have not yet reached retirement age, but become unemployed, they are entitled to receive unemployment benefit [Arbeitslosengeld] as part of the law to promote employment and to protect against unemployment (Social Code Book III) for the maximum period of one year. After this period, they are entitled to a lower social benefit which is called 'basic income for job applicants' and administered according to the principles of subsidiarity and poverty relief (Social Code Book II). In 2014 the non-contributory supplementary period [Zurechnungszeit] of the pension due to no or reduced earning capacity [Erwerbsminderungsrente] has been expanded for two years (from 60 to 62 years); this change in calculation will result in higher pension payments.

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Update date: Tue, 2017-07-25

D7. Additional costs

In Germany there are different types of financial benefits for disabled people. The mandatory long-term care insurance offers lump sums [Pflegegeld] depending on the three official levels of care needs. The person in need of and entitled to care can choose these lump sums instead of professional services; with this money the individual can pay family members, friends, neighbours or other persons for providing personal care and support (section 37 SGB XI). The Integration Support for Disabled People [Eingliederungshilfe für behinderte Menschen; see section 53 ff. SGB XII] as part of social assistance law regulated in Social Code Book XII [Sozialgesetzbuch XII] provides, in comparison to standard social assistance, generous income limits and less restrictive means testing for disabled recipients and their families. Blind and deaf persons are entitled to a monthly sum without means testing [Blindengeld; Hilfe für Gehörlose] on the basis of the Assistance for Blind and Deaf Persons Law [Gesetz über die Hilfen für Blinde und Gehörlose]. Thalidomide victims receive monthly pensions without means testing on the basis of the law that regulates the compensation claims due to Thalidomide and provides support for this group of disabled people [section 13 Gesetz über die Conterganstiftung für behinderte Menschen]. Last but not least the Federal Child Support Law (section 2 Bundeskindergeldgesetz) stipulates that in the case of a disabled child who is not able to support him/herself, the monthly child benefit [Kindergeld] will be paid beyond the standard age limit of 25 years.

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Update date: Fri, 2012-03-23

D8. Retirement income

Disabled people who have been part of the workforce are entitled to receive benefits from the mandatory Old Age Pension Insurance after retirement. Additionally they may receive payments from private insurance. Supplementary to the pension insurance system there is a social security benefit [SGB XII: Grundsicherung im Alter und bei Erwerbsminderung] which offers basic income for two groups. The first group is formed by people who receive regular pensions or other financial benefits which are under the poverty line. The second group includes people who have never been and are not likely to become members of the workforce; usually this group cannot get regular employment, but works in sheltered workshops. The so called basic pension for old age pensioners under the poverty line as well as persons with no earning capacity [Grundsicherung im Alter und bei Erwerbsminderung] entered into force in 2003 and is granted either to people over 65 in order to prevent poverty or to persons aged 18-64 who have a constant reduction of earning capacity. A person who has worked in a sheltered workshop for at least 20 years may receive a pension equivalent to other old age pensions, but the benefits are earning-related and will usually be rather low in the case of workshop employment. If monthly pensions are under the poverty line recipients may receive a supplementary basic income.

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Update date: Tue, 2017-07-25

E. Education

E1. Special schools

The German Constitution [Grundgesetz] does not explicitly provide the right for children with disabilities to attend a mainstream school, but Article 3 (3) GG forbids discrimination because of disability. National parliament and the government do not have legislative and executive powers when it comes to schools. The sixteen federal states have been granted exclusive control of school education and higher education. Germany has signed the UNCRPD in which Article 24 demands the right to inclusive education.

Each federal state has its own school law which provides the legal basis for the schooling and education of all children and young people. The school authorities of the 16 federal states of Germany decide on the kind of special support individual children need, which types of special education are appropriate in individual cases, and on the locations (special school, inclusive school or regular school) where this support will take place. In some federal states, parents have a say in this decision; in other federal states the authority decides on its own, taking into account statements by teachers and other experts as well as the parents'. The school laws of most federal states provide the opportunity of inclusive schooling or even declare it a priority. Inclusive education is granted only under certain conditions: that the so-called 'disproportionate burden' is avoided, if human and material resources are available and if organisational conditions allow it. For example, in 2013, the government of North Rhine-Westphalia granted the right to inclusive schooling in the federal schooling law. In this and other federal states disabled children now have the right to be educated in a regular school. In regular schools opportunities for inclusion differ and depend on various surrounding factors (e.g. funds, staff, organisation).

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Update date: Tue, 2017-07-25

E2. Mainstream schools

In Germany school law is the domain of the federal states; the national level has no legislative power in this field. The schooling of children with disabilities is not mentioned in the General Equality Act [Allgemeines Gleichbehandlungsgesetz]. At regional and local levels attending a mainstream school is in general possible if technical requirements and qualified staff can be made available. Since a well-established infrastructure of special schools exists which provides schooling for children with special educational needs, the transfer to a special school is not regarded as discrimination by German courts. If a child needs special support in order to visit a mainstream school s/he may receive an extra teacher and/or personal assistance. Personal assistance is provided through the ’Integration Support for Disabled People‘ [Eingliederungshilfe für behinderte Menschen] as part of the social assistance law regulated in the Social Code Book XII [Sozialgesetzbuch XII]. The costs of this type of support are granted without means testing. There are professional services which offer this assistance to disabled children.

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Update date: Fri, 2012-03-23

E3. Sign language and Braille in school

There is no legislation or regulation about the use of Braille or sign language in mainstream schools. In 2010 a court verdict obliged public administration to finance sign language interpretation for a deaf child who wanted to visit a mainstream school. The interpretation service is financed through the 'Integration Support for Disabled People' [Eingliederungshilfe für behinderte Menschen] as part of the social assistance law regulated in the Social Code Book XII [Sozialgesetzbuch XII].

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Update date: Tue, 2017-07-25

E4. Vocational training

The German system of vocational education and training is standardized on a national scale. There is a law, the Vocational Training Act [Berufsbildungsgesetz, BBiG], and a regulation, the Trade and Crafts Code [Gesetz zur Ordnung des Handwerks] that provide for the vocational education and training of persons with and without disabilities. In principle, disabled persons are to be trained in recognised occupations just like non-disabled people. Special provisions in the law and in the regulation allow for adaptations and support in training programs and assessment requirements according to impairment-specific needs (section 65 BBiG; section 42l HwO), for instance: time schedules, curricula and assessments can be adjusted; apprentices are entitled to special needs support; young people who are deaf have the right to a sign language interpreter during their vocational education, training and respective exams etc. The competent bodies are also required to develop suitable training arrangements derived from the content of recognised training occupations for those disabled persons for whom initial training is not an option due to the nature and severity of their disabilities. To ensure the necessary uniformity of such arrangements, the law provides for them to be in keeping with the recommendations of the Board of the Federal Institute for Vocational Education and Training (section 66 BBiG; section 42m HwO).

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Update date: Fri, 2014-04-04

E5. Higher education

The national Framework Act for Higher Education [Hochschulrahmengesetz] stipulates that universities have to ensure that students with disabilities are not discriminated against, have access to all academic services and courses, and get support according to their specific needs in order to pass exams and meet requirements (section 2 paragraph 4 sentence 2 HRG; section 16 sentence 4 HRG). All 16 German federal states have adopted respective provisions in their higher education laws. Criteria and the approval for compensations for students with disabilities may vary among different institutions of higher education.

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Update date: Tue, 2017-07-25

F. Employment

F1. Non-discrimination in employment

The General Equality Act [Allgemeines Gleichbehandlungsgesetz, AGG] and Social Code Book IX (section 81 paragraph 2 SGB IX) both protect disabled persons against discrimination in working life. Generally, social legislation obliges all employers to consider whether a vacancy could be given to a severely disabled applicant. A quota system requires all private companies and public services with 20 employees or more to have at least 5% severely disabled staff (section 71 SGB IX). In the case of non-compliance employers have to pay compensation tax which is collected and used in turn to finance accessible workplaces as well as special employment and job programs. All employers who offer jobs and/or training for people with disabilities can get public funding and information as well as consultation by the so called Integration Offices [Integrationsämter]; special advice bureaus, which operate on the basis of the Social Code Book IX for Rehabilitation and Participation of Disabled People (section 102 SGB IX). In the case of job terminations, employees with severe disabilities have special protection (section 85 ff. SGB IX). Both private business and the civil service are also obliged to employ ombudspersons who represent the interests of disabled staff as well as applicants. The Act on the Promotion of Severely Disabled People’s Vocational Training and Employment [Gesetz zur Förderung der Ausbildung und Beschäftigung schwerbehinderter Menschen] of 2006 aims at improving the employment of its target group, mainly young people with severe disabilities, through, for example, subsidies which are paid to employers who offer vocational training.

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Update date: Fri, 2014-04-04

F2. Public employment services

In December 2008 legislation about supported employment was introduced (section 38a SGB IX). Supported employment offers disabled people individualized support in gaining a suitable job position. It aims at integrating them into the general job market. The individual gets access to a work place in a private company that fits his/her qualification and training. When starting work the person gets individualized training and support as long as necessary until all parties agree that a job contract can be entered into. The service includes two main phases: first individual training for the job, second continual support at the workplace if needed. Social Code Book IX (section 33 paragraph 8 sentence 3 SGB IX; section 102 paragraph 4 SGB IX) regulates assistance at the work place. This kind of assistance is available for people with (severe) physical disabilities in order to support them to fulfil their physical job requirements. Reading assistants for blind people and people with impaired vision, and sign language interpreters for deaf people are covered. All employers who offer jobs and/or training for people with disabilities can get public funding and information as well as consultation by special advice bureaus, the so called Integration Offices [Integrationsämter]. These advice bureaus have the task of assisting in the employment of disabled persons, for example by financing measures of accessibility and technical adaptations, subsidizing wages and personal assistance at the work place etc. Other important actors in the field of creating accessible jobs are local Integration Services [Integrationsfachdienste] which operate on the basis of the Social Code Book IX (section 109 ff. SGB IX). The law also demands close cooperation between the Integration Services [Integrationsfachdienste] and the Integration Offices.

The work budget (Buget für Arbeit) which is defined in the Federal Participation Law shall provide additional incentives for employers to employ people with disabilities, especially people with learning disabilities, in order to include them in the regular labour market.

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Update date: Tue, 2017-07-25

F3. Workplace adaptations

Adaptation of workplaces, provision of special equipment and adaptive technologies at work are available for disabled employees and their employers. These benefits and services are highly individualised, but require formal application and bureaucratic procedures. The funding is available through different rehabilitation services (such as the mandatory insurances for work accidents and old age), local government and the Federal Agency for Employment (SGB IX, paragraph 33). Workplace adaptions are initiated and carried out by the so-called ‘Integrationscenter' of the Federal Employment Agency and the Integration offices (Integrationsfachdienst).

Links

Update date: Tue, 2017-07-25

F4. Financial incentives

There are several incentives for the employment of disabled workers in the open labour market: the German national quota system requires all private companies and public services with 20 employees or more to have at least 5% severely disabled staff (section 71 SGB IX). In the case of non-compliance employers have to pay compensation tax which is collected and used in turn to finance accessible workplaces as well as special employment and job programs. All employers who offer jobs and/or training for people with disabilities can get public funding by special advice bureaus, the so called Integration Offices [Integrationsämter]. These offices manage the funding for providing accessibility in the workplace. Employers may also receive subsidies (section 34 SGB IX) to offset apprentices' costs (in the amount of the monthly wage of the last year of the apprenticeship) or the wage costs (up to 70% of the monthly wage). Employees may receive benefits for the following measures: technical assistive devices and workplace adaptations, mobility support, assistance in the workplace, training, and others (section 33 SGB IX).

Links

Update date: Tue, 2017-07-25

G. Statistics and data collection

G1. Official research

In Germany there is no specialized institute or official department responsible for research on disability equality issues or for the collection of relevant data and statistics. Independent and comprehensive research on the living conditions and social inclusion of disabled people is rare. At the national level the Federal Ministry for Labour and Social Affairs [Bundesministerium für Arbeit und Soziales] is responsible for social policies concerning the participation of disabled people in society. The Federal Government Commissioner for Matters relating to Persons with Disabilities [Beauftragter der Bundesregierung für die Belange behinderter Menschen] is an official authority at the national level. This position and its office are affiliated with the Federal Ministry for Labour and Social Affairs, but acts independently from any government instructions. The Commissioner intervenes on behalf of disabled people, and has the right to intervene with all political activities in order to develop and establish national strategies that foster equal and social rights concerning disabled people. Both the Federal Ministry for Labour and Social Affairs and the Federal Government Commissioner for Matters relating to Persons with Disabilities offer accessible web sites with valuable information on disability and disability policies.

There are different sources that provide empirical data about the living conditions of disabled people in Germany. Every two years the national disability statistics is published; this official survey only counts people who have a registered status of severe disability. On a regular basis the 'Microcensus', a representative household survey based on interviews with one percent of the German population, offers recent data on the living conditions of people with disabilities. Every three to four years an official government report on disability is published. These reports present data on the rehabilitation system and information about programs and initiatives for disabled people. The second disability report issued in 2016 has improved since it was more directly oriented by the goals of the UN CRPD. Other recurring government reports on poverty and wealth in Germany consider the living conditions of disabled people; usually the regular official reports on social policy, education, vocational training, children and young people, families etc. also have chapters on disability issues. Government reports on gender issues also contain chapters about the situation of disabled men and women.

In order to improve the databases for the disability report and policies, the German government now funds a large-scale national survey which has begun in 2017 and will provide detailed data on all groups of people with disabilities by 2020.

Links

Update date: Tue, 2017-07-25

G2. Census data

The German Census 2011, a representative household survey based on interviews with ten percent of the German population in accordance with EU legislation, does not contain any specific questions on disability or health issues. The questionnaire mainly refers to issues of living conditions, employment, citizenship and income. The Federal Statistical Office publishes biennial statistics on people with disabilities . The latest short report was published in 2015.

Links

Update date: Tue, 2017-07-25

G3. Labour Force Survey

The Federal Office of Statistics [Statistisches Bundesamt] is the most important source for quantitative data about the employment of disabled people in Germany. Additionally, the state-funded Institute for Labour Market and Occupational Research [Institut für Arbeitsmarkt und Berufsforschung, IAB] offers both quantitative and qualitative data on the employment of disabled persons. The Ministry for Labour and Social Affairs [Bundesministerium für Arbeit und Soziales] also provides information about special campaigns and programmes as well as statistical data and reports about the labour market integration of people with disabilities.

Links

Update date: Tue, 2017-07-25

G4. Disability equality indicators

According to section 66 Social Code Book IX the German government is legally obliged to publish an official report about the life situations of disabled people in Germany every four years. The development of new disability (equality) indicators was prepared by a conceptional report by Hornberg and Schröttle (2013) for the German Ministry of Labour and Social Affairs in 2011. The first disability report with the revised concept was published in September 2013; the second in 2016. The writing of these reports is accompanied by a scientific advisory board. According to these reports three types of indicators are necessary to outline the life situations of persons with disabilities: structural indicators, process indicators and outcome indicators. The latest disability reports were mainly based on outcome indicators which indicate the state-of-the-art of the UN CRPD implementation at the national level. Structural and process indicators are still missing and their development will be the topic for further surveys and reports.

Links

Update date: Tue, 2017-07-25

H. Awareness and external action

H1. Awareness raising programs

Government authorities which are responsible for disability policy in Germany are also conducting public awareness raising campaigns. A recent campaign by the Federal Ministry for Labour and Social Affairs was called 'Behindern ist heilbar' [Disabling is curable]; it aimed to foster respectful attitudes and accessible environments.

A campaign by the Federal Government Commissioner for Matters relating to Persons with Disabilities [Beauftragter der Bundesregierung für die Belange behinderter Menschen] from 2011-2013 was called 'Deutschland wird inklusiv' [Germany becomes inclusive]. It aimed to promote inclusion as a central concept in disability policy. These campaigns serve to implement Article 8 of the UN CRPD, but the German UN CRPD monitoring body claims that additionally to general awareness raising programmes target group-specific training opportunities should be implemented as soon as possible.

The latest campaign of the German Federal Ministry for Labour and Social Affairs called ‘Gemeinsam einfach machen’ provides information on various topics related to the UN CRPD and gives examples of good practise.

One intiative within this campaign focused on the inclusion of people with disabilities into vocational training and employment and was called Initiative for Vocational Training, Apprenticeship and Employment (Inklusionsinitiative für Ausbildung und Beschäftigung).

Since 2013, the German Government hosts a big conference on inclusion every year (Inklusionstage). Last year’s 'Inklusionstage' was called 'Einfach machen'. It was attended by almost 500 participants from areas such as politics, ministries, federal states, municipalities, academia, service providers, businesses, associations of civil society and people with disabilities. The participants could attend seven workshops in order to learn more about examples of good practice.

Links

Update date: Tue, 2017-07-25

H2. Training for teachers

Since in Germany each of the 16 federal states is in charge of teacher training and each university has its own profile in teacher training courses, it is not possible to give a comprehensive overview. Generally speaking, the issue of disability and inclusive education has become more and more integrated in basic vocational training curricula. Training in inclusive education should be part of teacher training programmes in universities, but a study funded by the Bertelsmann Foundation (2013) indicates that vocational training programmes for teachers which cover the issue of inclusive education were still at a development stage back then. Most training opportunities did not provide enough time and were rather information events than profound trainings. A recent study funded by the Bertelsman Foundation (2015) shows that some progress has been made since then. Several federal states are implementing or have already implemented mandatory parts of the programme of study that focus on inclusion. Most of the higher education institutions include this topic into teacher training.

Links

Update date: Tue, 2017-07-25

H3. Training for lawyers

Disability awareness or equality issues are not part of the standard initial training programmes for lawyers. In 2012 the Monitory Body for the UN CRPD at the German Institute for Human Rights has started a disability awareness raising programme for lawyers that had a duration of three years. The information on the availability of new programmes is, by now, not available.

Links

Update date: Tue, 2017-07-25

H4. Training for doctors

Disability awareness or equality issues are not part of the basic training programmes for doctors. The German Association for Medicine for People with Intellectual and Multiple Disabilities [Bundesarbeitsgemeinschaft Ärzte für Menschen mit geistiger oder mehrfacher Behinderung] offers trainings and workshops for doctors who want to learn more about how to treat or handle people with intellectual and multiple disabilities. The association also works on implementing qualitative standards for the medical treatment of persons with intellectual and multiple disabilities.

Links

Update date: Tue, 2017-07-25

H5. Training for engineers

Disability awareness or equality issues are not part of the standard initial training programmes for engineers. Nevertheless, accessible construction seems to be included as a topic in various basic vocational trainings.

Links

Update date: Tue, 2017-07-25

H6. International development aid

In 2006 the German Agency for Technical Cooperation (Deutsche Gesellschaft für Technische Zusammenarbeit (GTZ); today: Deutsche Gesellschaft für Internationale Zusammenarbeit (GIZ) – Association for International Cooperation) published a policy paper about disability issues in the German development cooperation. Additionally there is VENRO, an umbrella organisation of around 120 non-governmental organisations (NGOs) in Germany that are active in international development aid. VENRO is committed to implementing human rights, combating poverty and conserving natural resources; it also focuses on disability issues.

Links

Update date: Tue, 2017-07-25

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                    [slug] => italy
                    [title] => Italy
                    [alias] => 
                    [access] => 0
                    [path] => 
                    [ordering] => 19
                    [state] => 1
                    [published] => 1
                    [checked_out] => 0
                    [checked_out_time] => 2016-07-01 12:00:00
                    [created_by] => 548
                    [modified_by] => 548
                    [children] => 0
                )

            [17] => stdClass Object
                (
                    [id] => 21
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                    [lft] => 34
                    [rgt] => 35
                    [level] => 2
                    [slug] => latvia
                    [title] => Latvia
                    [alias] => 
                    [access] => 0
                    [path] => 
                    [ordering] => 20
                    [state] => 1
                    [published] => 1
                    [checked_out] => 0
                    [checked_out_time] => 2016-07-01 12:00:00
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                    [children] => 0
                )

            [18] => stdClass Object
                (
                    [id] => 22
                    [parent_id] => 3
                    [lft] => 36
                    [rgt] => 37
                    [level] => 2
                    [slug] => lithuania
                    [title] => Lithuania
                    [alias] => 
                    [access] => 0
                    [path] => 
                    [ordering] => 21
                    [state] => 1
                    [published] => 1
                    [checked_out] => 0
                    [checked_out_time] => 2016-07-01 12:00:00
                    [created_by] => 548
                    [modified_by] => 548
                    [children] => 0
                )

            [19] => stdClass Object
                (
                    [id] => 23
                    [parent_id] => 3
                    [lft] => 38
                    [rgt] => 39
                    [level] => 2
                    [slug] => luxembourg
                    [title] => Luxembourg
                    [alias] => 
                    [access] => 0
                    [path] => 
                    [ordering] => 22
                    [state] => 1
                    [published] => 1
                    [checked_out] => 0
                    [checked_out_time] => 2016-07-01 12:00:00
                    [created_by] => 548
                    [modified_by] => 548
                    [children] => 0
                )

            [20] => stdClass Object
                (
                    [id] => 24
                    [parent_id] => 3
                    [lft] => 40
                    [rgt] => 41
                    [level] => 2
                    [slug] => malta
                    [title] => Malta
                    [alias] => 
                    [access] => 0
                    [path] => 
                    [ordering] => 23
                    [state] => 1
                    [published] => 1
                    [checked_out] => 0
                    [checked_out_time] => 2016-07-01 12:00:00
                    [created_by] => 548
                    [modified_by] => 548
                    [children] => 0
                )

            [21] => stdClass Object
                (
                    [id] => 25
                    [parent_id] => 3
                    [lft] => 42
                    [rgt] => 43
                    [level] => 2
                    [slug] => netherlands
                    [title] => Netherlands
                    [alias] => 
                    [access] => 0
                    [path] => 
                    [ordering] => 24
                    [state] => 1
                    [published] => 1
                    [checked_out] => 0
                    [checked_out_time] => 2016-07-01 12:00:00
                    [created_by] => 548
                    [modified_by] => 548
                    [children] => 0
                )

            [22] => stdClass Object
                (
                    [id] => 26
                    [parent_id] => 3
                    [lft] => 44
                    [rgt] => 45
                    [level] => 2
                    [slug] => poland
                    [title] => Poland
                    [alias] => 
                    [access] => 0
                    [path] => 
                    [ordering] => 25
                    [state] => 1
                    [published] => 1
                    [checked_out] => 0
                    [checked_out_time] => 2016-07-01 12:00:00
                    [created_by] => 548
                    [modified_by] => 548
                    [children] => 0
                )

            [23] => stdClass Object
                (
                    [id] => 27
                    [parent_id] => 3
                    [lft] => 46
                    [rgt] => 47
                    [level] => 2
                    [slug] => portugal
                    [title] => Portugal
                    [alias] => 
                    [access] => 0
                    [path] => 
                    [ordering] => 26
                    [state] => 1
                    [published] => 1
                    [checked_out] => 0
                    [checked_out_time] => 2016-07-01 12:00:00
                    [created_by] => 548
                    [modified_by] => 548
                    [children] => 0
                )

            [24] => stdClass Object
                (
                    [id] => 28
                    [parent_id] => 3
                    [lft] => 48
                    [rgt] => 49
                    [level] => 2
                    [slug] => romania
                    [title] => Romania
                    [alias] => 
                    [access] => 0
                    [path] => 
                    [ordering] => 27
                    [state] => 1
                    [published] => 1
                    [checked_out] => 0
                    [checked_out_time] => 2016-07-01 12:00:00
                    [created_by] => 548
                    [modified_by] => 548
                    [children] => 0
                )

            [25] => stdClass Object
                (
                    [id] => 29
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                    [lft] => 50
                    [rgt] => 51
                    [level] => 2
                    [slug] => slovakia
                    [title] => Slovakia
                    [alias] => 
                    [access] => 0
                    [path] => 
                    [ordering] => 28
                    [state] => 1
                    [published] => 1
                    [checked_out] => 0
                    [checked_out_time] => 2016-07-01 12:00:00
                    [created_by] => 548
                    [modified_by] => 548
                    [children] => 0
                )

            [26] => stdClass Object
                (
                    [id] => 30
                    [parent_id] => 3
                    [lft] => 52
                    [rgt] => 53
                    [level] => 2
                    [slug] => slovenia
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                    [alias] => 
                    [access] => 0
                    [path] => 
                    [ordering] => 29
                    [state] => 1
                    [published] => 1
                    [checked_out] => 0
                    [checked_out_time] => 2016-07-01 12:00:00
                    [created_by] => 548
                    [modified_by] => 548
                    [children] => 0
                )

            [27] => stdClass Object
                (
                    [id] => 31
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                    [lft] => 54
                    [rgt] => 55
                    [level] => 2
                    [slug] => spain
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                    [alias] => 
                    [access] => 0
                    [path] => 
                    [ordering] => 30
                    [state] => 1
                    [published] => 1
                    [checked_out] => 0
                    [checked_out_time] => 2016-07-01 12:00:00
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                    [modified_by] => 548
                    [children] => 0
                )

            [28] => stdClass Object
                (
                    [id] => 32
                    [parent_id] => 3
                    [lft] => 56
                    [rgt] => 57
                    [level] => 2
                    [slug] => sweden
                    [title] => Sweden
                    [alias] => 
                    [access] => 0
                    [path] => 
                    [ordering] => 31
                    [state] => 1
                    [published] => 1
                    [checked_out] => 0
                    [checked_out_time] => 2016-07-01 12:00:00
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                    [children] => 0
                )

            [29] => stdClass Object
                (
                    [id] => 33
                    [parent_id] => 3
                    [lft] => 58
                    [rgt] => 59
                    [level] => 2
                    [slug] => united-kingdom
                    [title] => United Kingdom
                    [alias] => 
                    [access] => 0
                    [path] => 
                    [ordering] => 32
                    [state] => 1
                    [published] => 1
                    [checked_out] => 0
                    [checked_out_time] => 2016-07-01 12:00:00
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                    [children] => 0
                )

            [30] => stdClass Object
                (
                    [id] => 4
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                    [lft] => 61
                    [rgt] => 72
                    [level] => 1
                    [slug] => candidate-acceding-countries
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                    [alias] => 
                    [access] => 0
                    [path] => 
                    [ordering] => 3
                    [state] => 1
                    [published] => 1
                    [checked_out] => 0
                    [checked_out_time] => 2016-07-01 12:00:00
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                )

            [31] => stdClass Object
                (
                    [id] => 34
                    [parent_id] => 4
                    [lft] => 62
                    [rgt] => 63
                    [level] => 2
                    [slug] => fyr-macedonia
                    [title] => FYR Macedonia
                    [alias] => 
                    [access] => 0
                    [path] => 
                    [ordering] => 33
                    [state] => 1
                    [published] => 1
                    [checked_out] => 0
                    [checked_out_time] => 2016-07-01 12:00:00
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                    [children] => 0
                )

            [32] => stdClass Object
                (
                    [id] => 35
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                    [rgt] => 65
                    [level] => 2
                    [slug] => iceland
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                    [alias] => 
                    [access] => 0
                    [path] => 
                    [ordering] => 34
                    [state] => 1
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                    [checked_out] => 0
                    [checked_out_time] => 2016-07-01 12:00:00
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                    [children] => 0
                )

            [33] => stdClass Object
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                    [id] => 36
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                    [rgt] => 67
                    [level] => 2
                    [slug] => montenegro
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                    [alias] => 
                    [access] => 0
                    [path] => 
                    [ordering] => 35
                    [state] => 1
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                    [checked_out] => 0
                    [checked_out_time] => 2016-07-01 12:00:00
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                    [children] => 0
                )

            [34] => stdClass Object
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                    [id] => 37
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                    [lft] => 68
                    [rgt] => 69
                    [level] => 2
                    [slug] => serbia
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                    [alias] => 
                    [access] => 0
                    [path] => 
                    [ordering] => 36
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                    [published] => 1
                    [checked_out] => 0
                    [checked_out_time] => 2016-07-01 12:00:00
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                    [children] => 0
                )

            [35] => stdClass Object
                (
                    [id] => 38
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                    [lft] => 70
                    [rgt] => 71
                    [level] => 2
                    [slug] => turkey
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                    [alias] => 
                    [access] => 0
                    [path] => 
                    [ordering] => 37
                    [state] => 1
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                    [checked_out] => 0
                    [checked_out_time] => 2016-07-01 12:00:00
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                )

            [36] => stdClass Object
                (
                    [id] => 5
                    [parent_id] => 1
                    [lft] => 73
                    [rgt] => 78
                    [level] => 1
                    [slug] => other-european-countries
                    [title] => Other European countries
                    [alias] => 
                    [access] => 0
                    [path] => 
                    [ordering] => 4
                    [state] => 1
                    [published] => 1
                    [checked_out] => 0
                    [checked_out_time] => 2016-07-01 12:00:00
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            [37] => stdClass Object
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                    [rgt] => 75
                    [level] => 2
                    [slug] => liechtenstein
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                    [alias] => 
                    [access] => 0
                    [path] => 
                    [ordering] => 38
                    [state] => 1
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                    [checked_out] => 0
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                )

            [38] => stdClass Object
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                    [id] => 40
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                    [lft] => 76
                    [rgt] => 77
                    [level] => 2
                    [slug] => norway
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                    [alias] => 
                    [access] => 0
                    [path] => 
                    [ordering] => 39
                    [state] => 1
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                    [checked_out] => 0
                    [checked_out_time] => 2016-07-01 12:00:00
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                    [children] => 0
                )

        )

    [themes] => Array
        (
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                    [id] => 2
                    [parent_id] => 1
                    [lft] => 1
                    [rgt] => 20
                    [level] => 1
                    [slug] => a-un-convention-status
                    [title] => A. UN Convention status
                    [alias] => 
                    [access] => 0
                    [path] => 
                    [ordering] => 1
                    [state] => 1
                    [published] => 1
                    [checked_out] => 0
                    [checked_out_time] => 2016-07-01 12:00:00
                    [created_by] => 548
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                    [children] => 9
                )

            [1] => stdClass Object
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                    [id] => 3
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                    [lft] => 2
                    [rgt] => 3
                    [level] => 2
                    [slug] => a1-ratification-or-conclusion-of-the-un-convention
                    [title] => A1. Ratification or conclusion of the UN Convention
                    [alias] => 
                    [access] => 0
                    [path] => 
                    [ordering] => 2
                    [state] => 1
                    [published] => 1
                    [checked_out] => 0
                    [checked_out_time] => 0000-00-00 00:00:00
                    [created_by] => 548
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                    [children] => 0
                )

            [2] => stdClass Object
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                    [id] => 4
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                    [lft] => 4
                    [rgt] => 5
                    [level] => 2
                    [slug] => a2-ratification-or-accession-to-the-optional-protocol
                    [title] => A2. Ratification or accession to the Optional Protocol
                    [alias] => 
                    [access] => 0
                    [path] => 
                    [ordering] => 3
                    [state] => 1
                    [published] => 1
                    [checked_out] => 0
                    [checked_out_time] => 0000-00-00 00:00:00
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                )

            [3] => stdClass Object
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                    [id] => 5
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                    [lft] => 6
                    [rgt] => 7
                    [level] => 2
                    [slug] => a3-declarations-reservations-and-objections
                    [title] => A3. Declarations, Reservations and Objections
                    [alias] => 
                    [access] => 0
                    [path] => 
                    [ordering] => 4
                    [state] => 1
                    [published] => 1
                    [checked_out] => 0
                    [checked_out_time] => 0000-00-00 00:00:00
                    [created_by] => 548
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                    [children] => 0
                )

            [4] => stdClass Object
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                    [id] => 6
                    [parent_id] => 2
                    [lft] => 8
                    [rgt] => 9
                    [level] => 2
                    [slug] => a4-comprehensive-review
                    [title] => A4. Comprehensive review
                    [alias] => 
                    [access] => 0
                    [path] => 
                    [ordering] => 5
                    [state] => 1
                    [published] => 1
                    [checked_out] => 0
                    [checked_out_time] => 2016-07-01 12:00:00
                    [created_by] => 548
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                    [children] => 0
                )

            [5] => stdClass Object
                (
                    [id] => 7
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                    [lft] => 10
                    [rgt] => 11
                    [level] => 2
                    [slug] => a5-focal-point
                    [title] => A5. Focal point
                    [alias] => 
                    [access] => 0
                    [path] => 
                    [ordering] => 6
                    [state] => 1
                    [published] => 1
                    [checked_out] => 0
                    [checked_out_time] => 0000-00-00 00:00:00
                    [created_by] => 548
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                    [children] => 0
                )

            [6] => stdClass Object
                (
                    [id] => 8
                    [parent_id] => 2
                    [lft] => 12
                    [rgt] => 13
                    [level] => 2
                    [slug] => a6-coordination-mechanism
                    [title] => A6. Coordination mechanism
                    [alias] => 
                    [access] => 0
                    [path] => 
                    [ordering] => 7
                    [state] => 1
                    [published] => 1
                    [checked_out] => 0
                    [checked_out_time] => 2016-07-01 12:00:00
                    [created_by] => 548
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                    [children] => 0
                )

            [7] => stdClass Object
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                    [id] => 9
                    [parent_id] => 2
                    [lft] => 14
                    [rgt] => 15
                    [level] => 2
                    [slug] => a7-independent-mechanism
                    [title] => A7. Independent mechanism
                    [alias] => 
                    [access] => 0
                    [path] => 
                    [ordering] => 8
                    [state] => 1
                    [published] => 1
                    [checked_out] => 0
                    [checked_out_time] => 2016-07-01 12:00:00
                    [created_by] => 548
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                    [children] => 0
                )

            [8] => stdClass Object
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                    [id] => 10
                    [parent_id] => 2
                    [lft] => 16
                    [rgt] => 17
                    [level] => 2
                    [slug] => a8-official-reporting
                    [title] => A8. Official reporting
                    [alias] => 
                    [access] => 0
                    [path] => 
                    [ordering] => 9
                    [state] => 1
                    [published] => 1
                    [checked_out] => 0
                    [checked_out_time] => 2016-07-01 12:00:00
                    [created_by] => 548
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                    [children] => 0
                )

            [9] => stdClass Object
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                    [id] => 11
                    [parent_id] => 2
                    [lft] => 18
                    [rgt] => 19
                    [level] => 2
                    [slug] => a9-shadow-reporting
                    [title] => A9. Shadow reporting
                    [alias] => 
                    [access] => 0
                    [path] => 
                    [ordering] => 10
                    [state] => 1
                    [published] => 1
                    [checked_out] => 0
                    [checked_out_time] => 2016-07-01 12:00:00
                    [created_by] => 548
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                    [children] => 0
                )

            [10] => stdClass Object
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                    [id] => 12
                    [parent_id] => 1
                    [lft] => 21
                    [rgt] => 32
                    [level] => 1
                    [slug] => b-general-legal-framework
                    [title] => B. General legal framework
                    [alias] => 
                    [access] => 0
                    [path] => 
                    [ordering] => 11
                    [state] => 1
                    [published] => 1
                    [checked_out] => 0
                    [checked_out_time] => 2016-07-01 12:00:00
                    [created_by] => 548
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            [11] => stdClass Object
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                    [id] => 13
                    [parent_id] => 12
                    [lft] => 22
                    [rgt] => 23
                    [level] => 2
                    [slug] => b1-anti-discrimination-legislation
                    [title] => B1. Anti-discrimination legislation
                    [alias] => 
                    [access] => 0
                    [path] => 
                    [ordering] => 12
                    [state] => 1
                    [published] => 1
                    [checked_out] => 0
                    [checked_out_time] => 2016-07-01 12:00:00
                    [created_by] => 548
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                    [children] => 0
                )

            [12] => stdClass Object
                (
                    [id] => 14
                    [parent_id] => 12
                    [lft] => 24
                    [rgt] => 25
                    [level] => 2
                    [slug] => b2-recognition-of-legal-capacity
                    [title] => B2. Recognition of legal capacity
                    [alias] => 
                    [access] => 0
                    [path] => 
                    [ordering] => 13
                    [state] => 1
                    [published] => 1
                    [checked_out] => 0
                    [checked_out_time] => 2016-07-01 12:00:00
                    [created_by] => 548
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                    [children] => 0
                )

            [13] => stdClass Object
                (
                    [id] => 15
                    [parent_id] => 12
                    [lft] => 26
                    [rgt] => 27
                    [level] => 2
                    [slug] => b3-accessibility-of-voting-and-elections
                    [title] => B3. Accessibility of voting and elections
                    [alias] => 
                    [access] => 0
                    [path] => 
                    [ordering] => 14
                    [state] => 1
                    [published] => 1
                    [checked_out] => 0
                    [checked_out_time] => 2016-07-01 12:00:00
                    [created_by] => 548
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                    [children] => 0
                )

            [14] => stdClass Object
                (
                    [id] => 16
                    [parent_id] => 12
                    [lft] => 28
                    [rgt] => 29
                    [level] => 2
                    [slug] => b4-official-recognition-of-sign-language
                    [title] => B4. Official recognition of sign language
                    [alias] => 
                    [access] => 0
                    [path] => 
                    [ordering] => 15
                    [state] => 1
                    [published] => 1
                    [checked_out] => 0
                    [checked_out_time] => 2016-07-01 12:00:00
                    [created_by] => 548
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                    [children] => 0
                )

            [15] => stdClass Object
                (
                    [id] => 17
                    [parent_id] => 12
                    [lft] => 30
                    [rgt] => 31
                    [level] => 2
                    [slug] => b5-national-disability-strategy-and-action-plan
                    [title] => B5. National disability strategy and action plan
                    [alias] => 
                    [access] => 0
                    [path] => 
                    [ordering] => 16
                    [state] => 1
                    [published] => 1
                    [checked_out] => 0
                    [checked_out_time] => 2016-07-01 12:00:00
                    [created_by] => 548
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                    [children] => 0
                )

            [16] => stdClass Object
                (
                    [id] => 18
                    [parent_id] => 1
                    [lft] => 33
                    [rgt] => 40
                    [level] => 1
                    [slug] => c-accessibility
                    [title] => C. Accessibility
                    [alias] => 
                    [access] => 0
                    [path] => 
                    [ordering] => 17
                    [state] => 1
                    [published] => 1
                    [checked_out] => 0
                    [checked_out_time] => 2016-07-01 12:00:00
                    [created_by] => 548
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                    [children] => 3
                )

            [17] => stdClass Object
                (
                    [id] => 19
                    [parent_id] => 18
                    [lft] => 34
                    [rgt] => 35
                    [level] => 2
                    [slug] => c1-transport-accessibility
                    [title] => C1. Transport accessibility
                    [alias] => 
                    [access] => 0
                    [path] => 
                    [ordering] => 18
                    [state] => 1
                    [published] => 1
                    [checked_out] => 0
                    [checked_out_time] => 2016-07-01 12:00:00
                    [created_by] => 548
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                    [children] => 0
                )

            [18] => stdClass Object
                (
                    [id] => 20
                    [parent_id] => 18
                    [lft] => 36
                    [rgt] => 37
                    [level] => 2
                    [slug] => c2-built-environment-accessibility
                    [title] => C2. Built environment accessibility
                    [alias] => 
                    [access] => 0
                    [path] => 
                    [ordering] => 19
                    [state] => 1
                    [published] => 1
                    [checked_out] => 0
                    [checked_out_time] => 2016-07-01 12:00:00
                    [created_by] => 548
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                    [children] => 0
                )

            [19] => stdClass Object
                (
                    [id] => 21
                    [parent_id] => 18
                    [lft] => 38
                    [rgt] => 39
                    [level] => 2
                    [slug] => c3-ict-and-web-accessibility
                    [title] => C3. ICT and Web accessibility
                    [alias] => 
                    [access] => 0
                    [path] => 
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                    [access] => 0
                    [path] => 
                    [ordering] => 22
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                    [ordering] => 23
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                    [access] => 0
                    [path] => 
                    [ordering] => 31
                    [state] => 1
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                    [checked_out_time] => 2016-07-01 12:00:00
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                    [level] => 2
                    [slug] => e2-mainstream-schools
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                    [access] => 0
                    [path] => 
                    [ordering] => 32
                    [state] => 1
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                    [title] => E3. Sign language and Braille in school
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                    [access] => 0
                    [path] => 
                    [ordering] => 33
                    [state] => 1
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                    [checked_out] => 0
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                    [access] => 0
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                    [ordering] => 34
                    [state] => 1
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                    [access] => 0
                    [path] => 
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                    [access] => 0
                    [path] => 
                    [ordering] => 36
                    [state] => 1
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                    [level] => 2
                    [slug] => f1-non-discrimination-in-employment
                    [title] => F1. Non-discrimination in employment
                    [alias] => 
                    [access] => 0
                    [path] => 
                    [ordering] => 37
                    [state] => 1
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                    [checked_out] => 0
                    [checked_out_time] => 2016-07-01 12:00:00
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                    [rgt] => 75
                    [level] => 2
                    [slug] => f2-public-employment-services
                    [title] => F2. Public employment services
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                    [access] => 0
                    [path] => 
                    [ordering] => 38
                    [state] => 1
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                    [checked_out] => 0
                    [checked_out_time] => 2016-07-01 12:00:00
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                )

            [38] => stdClass Object
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                    [lft] => 76
                    [rgt] => 77
                    [level] => 2
                    [slug] => f3-workplace-adaptations
                    [title] => F3. Workplace adaptations
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                    [access] => 0
                    [path] => 
                    [ordering] => 39
                    [state] => 1
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                    [id] => 41
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                    [lft] => 78
                    [rgt] => 79
                    [level] => 2
                    [slug] => f4-financial-incentives
                    [title] => F4. Financial incentives
                    [alias] => 
                    [access] => 0
                    [path] => 
                    [ordering] => 40
                    [state] => 1
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                    [checked_out] => 0
                    [checked_out_time] => 2016-07-01 12:00:00
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                    [level] => 1
                    [slug] => g-statistics-and-data-collection
                    [title] => G. Statistics and data collection
                    [alias] => 
                    [access] => 0
                    [path] => 
                    [ordering] => 41
                    [state] => 1
                    [published] => 1
                    [checked_out] => 0
                    [checked_out_time] => 2016-07-01 12:00:00
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                    [lft] => 82
                    [rgt] => 83
                    [level] => 2
                    [slug] => g1-official-research
                    [title] => G1. Official research
                    [alias] => 
                    [access] => 0
                    [path] => 
                    [ordering] => 42
                    [state] => 1
                    [published] => 1
                    [checked_out] => 0
                    [checked_out_time] => 2016-07-01 12:00:00
                    [created_by] => 548
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                    [lft] => 84
                    [rgt] => 85
                    [level] => 2
                    [slug] => g2-census-data
                    [title] => G2. Census data
                    [alias] => 
                    [access] => 0
                    [path] => 
                    [ordering] => 43
                    [state] => 1
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                    [checked_out] => 0
                    [checked_out_time] => 2016-07-01 12:00:00
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                )

            [43] => stdClass Object
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                    [id] => 45
                    [parent_id] => 42
                    [lft] => 86
                    [rgt] => 87
                    [level] => 2
                    [slug] => g3-labour-force-survey
                    [title] => G3. Labour Force Survey
                    [alias] => 
                    [access] => 0
                    [path] => 
                    [ordering] => 44
                    [state] => 1
                    [published] => 1
                    [checked_out] => 0
                    [checked_out_time] => 2016-07-01 12:00:00
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                    [lft] => 88
                    [rgt] => 89
                    [level] => 2
                    [slug] => g4-disability-equality-indicators
                    [title] => G4. Disability equality indicators
                    [alias] => 
                    [access] => 0
                    [path] => 
                    [ordering] => 45
                    [state] => 1
                    [published] => 1
                    [checked_out] => 0
                    [checked_out_time] => 2016-07-01 12:00:00
                    [created_by] => 548
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                )

            [45] => stdClass Object
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                    [id] => 47
                    [parent_id] => 1
                    [lft] => 91
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                    [level] => 1
                    [slug] => h-awareness-and-external-action
                    [title] => H. Awareness and external action
                    [alias] => 
                    [access] => 0
                    [path] => 
                    [ordering] => 46
                    [state] => 1
                    [published] => 1
                    [checked_out] => 0
                    [checked_out_time] => 2016-07-01 12:00:00
                    [created_by] => 548
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                    [children] => 6
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            [46] => stdClass Object
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                    [id] => 48
                    [parent_id] => 47
                    [lft] => 92
                    [rgt] => 93
                    [level] => 2
                    [slug] => h1-awareness-raising-programs
                    [title] => H1. Awareness raising programs
                    [alias] => 
                    [access] => 0
                    [path] => 
                    [ordering] => 47
                    [state] => 1
                    [published] => 1
                    [checked_out] => 0
                    [checked_out_time] => 2016-07-01 12:00:00
                    [created_by] => 548
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                )

            [47] => stdClass Object
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                    [id] => 49
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                    [lft] => 94
                    [rgt] => 95
                    [level] => 2
                    [slug] => h2-training-for-teachers
                    [title] => H2. Training for teachers
                    [alias] => 
                    [access] => 0
                    [path] => 
                    [ordering] => 48
                    [state] => 1
                    [published] => 1
                    [checked_out] => 0
                    [checked_out_time] => 2016-07-01 12:00:00
                    [created_by] => 548
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                )

            [48] => stdClass Object
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                    [id] => 50
                    [parent_id] => 47
                    [lft] => 96
                    [rgt] => 97
                    [level] => 2
                    [slug] => h3-training-for-lawyers
                    [title] => H3. Training for lawyers
                    [alias] => 
                    [access] => 0
                    [path] => 
                    [ordering] => 49
                    [state] => 1
                    [published] => 1
                    [checked_out] => 0
                    [checked_out_time] => 2016-07-01 12:00:00
                    [created_by] => 548
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                )

            [49] => stdClass Object
                (
                    [id] => 51
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                    [lft] => 98
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                    [level] => 2
                    [slug] => h4-training-for-doctors
                    [title] => H4. Training for doctors
                    [alias] => 
                    [access] => 0
                    [path] => 
                    [ordering] => 50
                    [state] => 1
                    [published] => 1
                    [checked_out] => 0
                    [checked_out_time] => 2016-07-01 12:00:00
                    [created_by] => 548
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                    [children] => 0
                )

            [50] => stdClass Object
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                    [id] => 52
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                    [lft] => 100
                    [rgt] => 101
                    [level] => 2
                    [slug] => h5-training-for-engineers
                    [title] => H5. Training for engineers
                    [alias] => 
                    [access] => 0
                    [path] => 
                    [ordering] => 51
                    [state] => 1
                    [published] => 1
                    [checked_out] => 0
                    [checked_out_time] => 2016-07-01 12:00:00
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                )

            [51] => stdClass Object
                (
                    [id] => 53
                    [parent_id] => 47
                    [lft] => 102
                    [rgt] => 103
                    [level] => 2
                    [slug] => h6-international-development-aid
                    [title] => H6. International development aid
                    [alias] => 
                    [access] => 0
                    [path] => 
                    [ordering] => 52
                    [state] => 1
                    [published] => 1
                    [checked_out] => 0
                    [checked_out_time] => 2016-07-01 12:00:00
                    [created_by] => 548
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                )

        )

    [results] => Array
        (
            [16] => stdClass Object
                (
                    [parent] => EU Member States
                    [location] => Germany
                    [location_id] => 16
                    [location_slug] => germany
                    [themes] => Array
                        (
                            [3] => stdClass Object
                                (
                                    [parent] => A. UN Convention status
                                    [theme_title] => A1. Ratification or conclusion of the UN Convention
                                    [theme_slug] => a1-ratification-or-conclusion-of-the-un-convention
                                    [theme_id] => 3
                                    [contents] => Germany signed the Convention on 30 March 2007. In December 2008 both the German Parliament [Bundestag] and the Federal Council of the 16 German federal states [Bundesrat] voted on the ratification. Following these resolutions, it was published on 31 December 2008 in the Federal Law Gazette (BGBL 2008 II, No. 35, 1419 ff.). The ratification deed was deposited by the Secretary-General of the United Nations on 24 February 2009. The Convention entered into force for Germany on 26 March 2009.
                                    [update_date] => 2017-07-25 11:51:18
                                    [links] => Array
                                        (
                                            [0] => stdClass Object
                                                (
                                                    [title] => Federal Law Gazette (BGBL 2008 II, No. 35, 1419 ff.)
                                                    [url] => http://www.bgbl.de/Xaver/start.xav?startbk=Bundesanzeiger_BGBl
                                                )

                                        )

                                )

                            [4] => stdClass Object
                                (
                                    [parent] => A. UN Convention status
                                    [theme_title] => A2. Ratification or accession to the Optional Protocol
                                    [theme_slug] => a2-ratification-or-accession-to-the-optional-protocol
                                    [theme_id] => 4
                                    [contents] => Germany signed the Optional Protocol on 30 March 2007. In December 2008 both the German Parliament [Bundestag] and the Federal Council of the 16 German federal states [Bundesrat] voted on the ratification. Following these resolutions, it was published on 31 December 2008 in the Federal Law Gazette (BGBL 2008 II, No. 35, 1419 ff.). The ratification deed was deposited by the Secretary-General of the United Nations on 24 February 2009. The optional protocol entered into force for Germany on 26 March 2009.
                                    [update_date] => 2017-07-25 13:05:14
                                    [links] => Array
                                        (
                                            [0] => stdClass Object
                                                (
                                                    [title] => Federal Law Gazette (BGBL 2008 II, No. 35, 1419 ff.)
                                                    [url] => http://www.bgbl.de/Xaver/start.xav?startbk=Bundesanzeiger_BGBl
                                                )

                                        )

                                )

                            [5] => stdClass Object
                                (
                                    [parent] => A. UN Convention status
                                    [theme_title] => A3. Declarations, Reservations and Objections
                                    [theme_slug] => a3-declarations-reservations-and-objections
                                    [theme_id] => 5
                                    [contents] => There are no declarations, reservations or objections by the Federal Republic of Germany.
                                    [update_date] => 2012-03-23 14:19:27
                                    [links] => Array
                                        (
                                            [0] => stdClass Object
                                                (
                                                    [title] => Federal Law Gazette (BGBL 2008 II, No. 35, 1419 ff.)
                                                    [url] => http://www.bgbl.de/Xaver/start.xav?startbk=Bundesanzeiger_BGBl
                                                )

                                        )

                                )

                            [6] => stdClass Object
                                (
                                    [parent] => A. UN Convention status
                                    [theme_title] => A4. Comprehensive review
                                    [theme_slug] => a4-comprehensive-review
                                    [theme_id] => 6
                                    [contents] => The German government enacted the first country report about the implementation of the CRPD in Germany on 3 August 2011. The review shows for each Article of the CRPD the state of the art of German disability laws and regulations.
                                    [update_date] => 2017-07-25 11:52:10
                                    [links] => Array
                                        (
                                            [0] => stdClass Object
                                                (
                                                    [title] => First country report about the implementation of the UN CRPD
                                                    [url] => http://www.institut-fuer-menschenrechte.de/fileadmin/user_upload/PDF-Dateien/Pakte_Konventionen/CRPD_behindertenrechtskonvention/crpd_state_report_germany_1_2011_de.pdf
                                                )

                                            [1] => stdClass Object
                                                (
                                                    [title] => English version of the first country report about the implementation of the UN CRPD
                                                    [url] => http://www.institut-fuer-menschenrechte.de/menschenrechtsinstrumente/vereinte-nationen/menschenrechtsabkommen/behindertenrechtskonvention-crpd.html#c7937
                                                )

                                            [2] => stdClass Object
                                                (
                                                    [title] => Federal Law Gazette (BGBL 2008 II, No. 35, 1419 ff.)
                                                    [url] => http://www.bgbl.de/Xaver/start.xav?startbk=Bundesanzeiger_BGBl
                                                )

                                        )

                                )

                            [7] => stdClass Object
                                (
                                    [parent] => A. UN Convention status
                                    [theme_title] => A5. Focal point
                                    [theme_slug] => a5-focal-point
                                    [theme_id] => 7
                                    [contents] => The Federal Ministry for Labour and Social Affairs is the focal point within the German government according to Article 33 of the UNCRPD. The sixteen German federal states [Bundesländer] have appointed focal points on their level as well. The Federal Ministry for Labour and Social Affairs liaises with the 16 sub-focal points for all matters relating to the implementation of the UN CRPD.
                                    [update_date] => 2017-07-25 12:20:20
                                    [links] => Array
                                        (
                                            [0] => stdClass Object
                                                (
                                                    [title] => Federal Ministry for Labour and Social Affairs
                                                    [url] => http://www.bmas.de/DE/Themen/Teilhabe-behinderter-Menschen/inhalt.html
                                                )

                                            [1] => stdClass Object
                                                (
                                                    [title] => Focal point for Baden-Wurttemberg
                                                    [url] => http://www.sm.baden-wuerttemberg.de/de/Menschen_mit_Behinderung/82095.html
                                                )

                                            [2] => stdClass Object
                                                (
                                                    [title] => Focal point for Bavaria
                                                    [url] => http://www.stmas.bayern.de//behinderung.php
                                                )

                                            [3] => stdClass Object
                                                (
                                                    [title] => Focal point for Berlin
                                                    [url] => http://www.berlin.de/sen/aif/
                                                )

                                            [4] => stdClass Object
                                                (
                                                    [title] => Focal point for Brandenburg
                                                    [url] => http://www.masf.brandenburg.de/cms/detail.php/bb1.c.186954.de
                                                )

                                            [5] => stdClass Object
                                                (
                                                    [title] => Focal point for Bremen
                                                    [url] => http://www.soziales.bremen.de/sixcms/detail.php?gsid=bremen02.c.730.de
                                                )

                                            [6] => stdClass Object
                                                (
                                                    [title] => Focal point for Hamburg
                                                    [url] => http://www.hamburg.de/soziales/
                                                )

                                            [7] => stdClass Object
                                                (
                                                    [title] => Focal point for Hesse
                                                    [url] => http://www.behindertenrechtskonvention.hessen.de/aw/home/~baq/Stabsstelle/
                                                )

                                            [8] => stdClass Object
                                                (
                                                    [title] => Focal point for Mecklenburg-Vorpommern
                                                    [url] => http://www.regierung-mv.de/cms2/Regierungsportal_prod/Regierungsportal/de/sm/Aufgaben_und_Themen/Soziales/index.jsp
                                                )

                                            [9] => stdClass Object
                                                (
                                                    [title] => Focal point for Niedersachsen
                                                    [url] => http://www.ms.niedersachsen.de/themen/soziales/menschen_mit_behinderungen/13851.html
                                                )

                                            [10] => stdClass Object
                                                (
                                                    [title] => Focal point for North Rhine-Westphalia
                                                    [url] => http://www.mais.nrw.de/04_Soziales/2_menschenMitBehinderungen/index.php
                                                )

                                            [11] => stdClass Object
                                                (
                                                    [title] => Focal point for Rheinland-Pfalz
                                                    [url] => http://msagd.rlp.de/soziales/menschen-mit-behinderungen/
                                                )

                                            [12] => stdClass Object
                                                (
                                                    [title] => Focal point for Saarland
                                                    [url] => http://www.saarland.de/ministerium_soziales_gesundheit_frauen_familie.htm
                                                )

                                            [13] => stdClass Object
                                                (
                                                    [title] => Focal point for Saxony
                                                    [url] => http://www.sms.sachsen.de/
                                                )

                                            [14] => stdClass Object
                                                (
                                                    [title] => Focal point for Saxony- Anhalt
                                                    [url] => http://www.sachsen-anhalt.de/index.php?id=16616
                                                )

                                            [15] => stdClass Object
                                                (
                                                    [title] => Focal point for Schleswig-Holstein
                                                    [url] => http://www.schleswig-holstein.de/MSGFG/DE/MenschenBehinderung/MenschenBehinderung_node.html
                                                )

                                            [16] => stdClass Object
                                                (
                                                    [title] => Focal point for Thüringen
                                                    [url] => http://www.thueringen.de/de/bb/
                                                )

                                        )

                                )

                            [8] => stdClass Object
                                (
                                    [parent] => A. UN Convention status
                                    [theme_title] => A6. Coordination mechanism
                                    [theme_slug] => a6-coordination-mechanism
                                    [theme_id] => 8
                                    [contents] => The Federal Government Commissioner for Matters relating to Persons with Disabilities is the appointed the Coordination Mechanism according to Article 33 of the UN CRPD. The voice of the civil society, especially of organisations of and for persons with disabilities, is represented by a special advisory board.
                                    [update_date] => 2017-07-25 12:23:59
                                    [links] => Array
                                        (
                                            [0] => stdClass Object
                                                (
                                                    [title] => Coordination mechanism by The Federal Government Commissioner for Matters relating to Persons with Disabilities
                                                    [url] => http://www.behindertenbeauftragter.de/DE/Koordinierungsstelle/Koordinierungsstelle_node.html
                                                )

                                        )

                                )

                            [9] => stdClass Object
                                (
                                    [parent] => A. UN Convention status
                                    [theme_title] => A7. Independent mechanism
                                    [theme_slug] => a7-independent-mechanism
                                    [theme_id] => 9
                                    [contents] => The German Institute for Human Rights [Deutsches Institut für Menschenrechte e.V.] is entrusted with the monitoring task under Article 33 paragraph 2 of the UN CRPD. The Institute is an independent body operating on the basis of the United Nations Paris principles. It started work in 2001 and is currently financed by the Federal Ministry of Justice, the Foreign Ministry and the Federal Ministry of Economic Cooperation and Development. Its independence is guaranteed via its legal form and the articles of association. To comply with the monitoring task under the UN CRPD, a separate department within the Institute - the CRPD Monitoring Body - has been set up and started work in May 2009. The Federal Ministry for Labour and Social Affairs provides EUR 430,000 per year to support the independent body.
                                    [update_date] => 2017-07-25 12:24:33
                                    [links] => Array
                                        (
                                            [0] => stdClass Object
                                                (
                                                    [title] => Monitoring body at the German Institute for Human Rights
                                                    [url] => http://www.institut-fuer-menschenrechte.de/monitoring-stelle-un-krk/
                                                )

                                        )

                                )

                            [10] => stdClass Object
                                (
                                    [parent] => A. UN Convention status
                                    [theme_title] => A8. Official reporting
                                    [theme_slug] => a8-official-reporting
                                    [theme_id] => 10
                                    [contents] => The first state report about the UN CRPD was due in March 2011. It was authorized by the German government on 3 August 2011 and published subsequently. It was submitted to the UN in September 2011 and published in May 2013. In April 2014 the UN sent a List of Issues to the German government with open questions regarding the German state report on the implementation of the UN CRPD. The answers of the German government have been released in August 2014. The German state report was reviewed by the UN in 2015.
                                    [update_date] => 2017-08-09 15:57:12
                                    [links] => Array
                                        (
                                            [0] => stdClass Object
                                                (
                                                    [title] => State reports to the UN Committee
                                                    [url] => http://tbinternet.ohchr.org/_layouts/treatybodyexternal/TBSearch.aspx?Lang=en&TreatyID=4&CountryID=66&DocTypeID=29
                                                )

                                            [1] => stdClass Object
                                                (
                                                    [title] => All UN reporting cycle documentation
                                                    [url] => http://tbinternet.ohchr.org/_layouts/treatybodyexternal/TBSearch.aspx?Lang=en&TreatyID=4&CountryID=66
                                                )

                                            [2] => stdClass Object
                                                (
                                                    [title] => National state report on the implementation of the UN convention on the rights of persons with disabilities
                                                    [url] => http://www.bmas.de/SharedDocs/Downloads/DE/staatenbericht-2011.pdf?__blob=publicationFile
                                                )

                                            [3] => stdClass Object
                                                (
                                                    [title] => English version of the first country report about the implementation of the UN CRPD
                                                    [url] => http://www.institut-fuer-menschenrechte.de/menschenrechtsinstrumente/vereinte-nationen/menschenrechtsabkommen/behindertenrechtskonvention-crpd.html#c7937
                                                )

                                        )

                                )

                            [11] => stdClass Object
                                (
                                    [parent] => A. UN Convention status
                                    [theme_title] => A9. Shadow reporting
                                    [theme_slug] => a9-shadow-reporting
                                    [theme_id] => 11
                                    [contents] => For the purpose of shadow reporting German Disabled People’s Organisations and other civil society organisations formed the Alliance of Non-Governmental Organisations on the UN CRPD (German CRPD-Alliance). In March 2012 the CRPD-Alliance had 78 members; it is financed by 'Aktion Mensch', a private lottery organisation for persons with disabilities operating at the national level; the 'Network Article 3 - Association for Human Rights and Equality for Disabled People' (Netzwerk Artikel 3) is acting as the alliance's executive board. This association is also responsible for the German 'shadow translation' of the UN CRPD, the official German version is criticized by disabled people and their organisations for not aligning with the international vocabulary of disability rights activism. The German CRPD-Alliance enacted the first shadow report for Germany (First Civil Society Report on the Implementation of the UN Convention on the Rights of Persons with Disabilities in Germany) on 17 January 2013. With regard to the pending review of Germany’s state report by the UN, the CRPD-Alliance released a statement on the UN List of Issues.
                                    [update_date] => 2017-07-25 12:38:22
                                    [links] => Array
                                        (
                                            [0] => stdClass Object
                                                (
                                                    [title] => Civil society reports to the UN Committee
                                                    [url] => http://tbinternet.ohchr.org/_layouts/treatybodyexternal/TBSearch.aspx?Lang=en&TreatyID=4&CountryID=66&DocTypeID=14
                                                )

                                            [1] => stdClass Object
                                                (
                                                    [title] => Joint NGO submission by the Alliance of German Non-governmental Organizations on the UN CRPD
                                                    [url] => http://www.brk-allianz.de
                                                )

                                            [2] => stdClass Object
                                                (
                                                    [title] => First Civil Society Report on the Implementation of the UN CRPD in Germany
                                                    [url] => http://www.brk-allianz.de/attachments/article/93/Alternative_Report_German_CRPD_Alliance.pdf
                                                )

                                            [3] => stdClass Object
                                                (
                                                    [title] => Shadow translation of the UN CRPD in German
                                                    [url] => http://www.netzwerk-artikel-3.de/attachments/093_schattenuebersetzung-endgs.pdf
                                                )

                                            [4] => stdClass Object
                                                (
                                                    [title] => Oral statement by the German CRPD Alliance (BRK-Allianz) for the List of Issues on the Germany state report
                                                    [url] => http://www.brk-allianz.de/attachments/article/99/Oral_Statement_Paper_German_CRPD_Alliance_FINAL.doc
                                                )

                                        )

                                )

                            [13] => stdClass Object
                                (
                                    [parent] => B. General legal framework
                                    [theme_title] => B1. Anti-discrimination legislation
                                    [theme_slug] => b1-anti-discrimination-legislation
                                    [theme_id] => 13
                                    [contents] => In Germany there are three main laws which form the legal framework for non-discrimination on the grounds of disability. First, the German Constitution [Grundgesetz] states in Article 3: 
  1. All persons shall be equal before the law.
  2. Men and women shall have equal rights. The state shall promote the actual implementation of equal rights for women and men and take steps to eliminate disadvantages that now exist.
  3. No person shall be favoured or disfavoured because of sex, parentage, race, language, homeland and origin, faith, or religious or political opinions. No person shall be disfavoured because of disability.’

Article 3 paragraph 3 sentence 2 of the German Constitution, added in 1994, prohibits discrimination on the ground of disability. Second, there is the national Disability Equality Act [Gesetz zur Gleichstellung behinderter Menschen – Behindertengleichstellungsgesetz, BGG]. This law came into force in 2002 and was revised in 2016. It focuses on equal opportunities and accessibility of the public service sector, but has also small implications for private businesses. By now, all federal states [Bundesländer] of Germany have implemented their own disability equality acts in order to implement the federal standards. As a result, Germany now has 16 laws at the federal level and one national act. The third important law at national level is the General Equality Act [Allgemeines Gleichbehandlungsgesetz, AGG] which came into force in 2006. It protects disabled persons and others against discrimination in the workplace and in civil law. This law established the new institution of the Federal Anti-Discrimination Agency [Antidiskriminierungsstelle des Bundes] which aims to stimulate public discourse, to inform about non-discrimination legislation, to monitor the practice and to carry out research and last but not least, to give advice to persons who have experienced discrimination. The foundation and tasks of the Federal Anti-Discrimination Agency are regulated in sections 25-30 AGG. [update_date] => 2017-07-25 12:49:20 [links] => Array ( [0] => stdClass Object ( [title] => Basic Law for the Federal Republic of Germany (German Constitution, German version) [url] => http://bundesrecht.juris.de/gg ) [1] => stdClass Object ( [title] => Basic Law for the Federal Republic of Germany (German Constitution, English version) [url] => http://www.gesetze-im-internet.de/englisch_gg/index.html ) [2] => stdClass Object ( [title] => Disability Equality Act [url] => http://www.gesetze-im-internet.de/bgg ) [3] => stdClass Object ( [title] => General Equality Act [url] => http://bundesrecht.juris.de/agg/index.html ) [4] => stdClass Object ( [title] => Federal Anti-Discrimination Agency [url] => http://www.antidiskriminierungsstelle.de ) [5] => stdClass Object ( [title] => The New Disability Equality Act [url] => http://www.bmas.de/DE/Service/Gesetze/gesetz-zur-gleichstellung-behinderter-menschen.html ) [6] => stdClass Object ( [title] => Disability Equality Act of North Rhine-Westphalia (one of 16 examples of a non-discrimination and accessibility act at the federal level) [url] => https://recht.nrw.de/lmi/owa/br_text_anzeigen?v_id=5420140509100636414 ) ) ) [14] => stdClass Object ( [parent] => B. General legal framework [theme_title] => B2. Recognition of legal capacity [theme_slug] => b2-recognition-of-legal-capacity [theme_id] => 14 [contents] => In Germany legal custodianship (guardianship) can be established if a person is not able to manage his or her own affairs in daily life. The legal basis is the Civil Code Book (section 1896 ff. Bürgerliches Gesetzbuch, BGB). It is dependent on an individual’s condition and in most cases restricted to certain areas of agency (e.g. health, financial care) and will power. Reasons for guardianship are: mental illness, dementia, a high degree of intellectual disability (cognitive impairments) or other chronic conditions that make a person unable to take care of his or her life affairs. According to the German Civil Code Book (section 1906 BGB) compulsory detention in a mental hospital is in general forbidden, but may be possible as an exception under the condition that an individual endangers him- or herself and/or others. In 2013 the law was revised. Now medical treatment against a person’s will is not only dependent on the authorised legal guardian but the consent of the responsible guardianship court [Betreuungsgericht] is also needed. The institution of supported decision-making as recognised in Article 12 of the UN CRPD has not yet been fully implemented into German civil law.

The law concerning care and attendance stipulates that legal representatives need to ensure adequate knowledge about the wishes, wills and needs of the individual under care. They need to consider these in their work. Upcoming decisions need to be discussed as well to the extent possible. If this is impossible the assumed will needs to be determined, for example, through previous conversations with the individual under care or information by his/her relatives (Osterfeld 2016), In practice, this is often enough impossible because of inadequate temporal or financial conditions and because of a deficient qualification of the legal representatives. In the end, it cannot be excluded that people with disabilities are patronised or other-directed under the existing law concerning care. [update_date] => 2017-07-25 12:52:14 [links] => Array ( [0] => stdClass Object ( [title] => Legal custodianship in the Civil Code Book (section 1896 ff. BGB, German version) [url] => http://bundesrecht.juris.de/bgb/BJNR001950896.html#BJNR001950896BJNG017103377 ) [1] => stdClass Object ( [title] => Legal custodianship in the Civil Code Book (section 1896 ff. BGB, English version) [url] => http://bundesrecht.juris.de/englisch_bgb/englisch_bgb.html#BGBengl_000G206 ) ) ) [15] => stdClass Object ( [parent] => B. General legal framework [theme_title] => B3. Accessibility of voting and elections [theme_slug] => b3-accessibility-of-voting-and-elections [theme_id] => 15 [contents] => According to the German Constitution (Article 38 ff. GG) every person has the right to vote in general, direct, free, equal and secret elections. The disability equality acts at the national level and of the federal states include provisions to provide accessibility in elections. But according to the German Electoral law (section 13 Bundeswahlgesetz, BWahlG) a person under guardianship can be denied the right to vote under certain circumstances. The denial of the right to vote is possible when a comprehensive guardianship covering all life areas is established, although the capacity to participate in an election is not examined in the guardianship procedure. Persons who are sentenced to stay in forensic institutions can also be excluded from the right to vote under certain circumstances. This practice is criticised by the CRPD Monitoring Body. Several federal states (Bundesländer) have recently granted the right to vote regardless of any disability. [update_date] => 2017-07-25 12:55:31 [links] => Array ( [0] => stdClass Object ( [title] => Basic Law for the Federal Republic of Germany (German Constitution, German version) [url] => http://bundesrecht.juris.de/gg ) [1] => stdClass Object ( [title] => Basic Law for the Federal Republic of Germany (German Constitution, English version) [url] => http://bundesrecht.juris.de/englisch_gg/index.html ) [2] => stdClass Object ( [title] => Disability Equality Act [url] => http://www.gesetze-im-internet.de/bgg ) [3] => stdClass Object ( [title] => Disability Equality Act of North Rhine-Westphalia (one of 16 examples of a non-discrimination and accessibility act at the federal level) [url] => https://recht.nrw.de/lmi/owa/br_text_anzeigen?v_id=5420140509100636414 ) [4] => stdClass Object ( [title] => Section 13 Federal Electoral Law [url] => http://bundesrecht.juris.de/bwahlg/__13.html ) [5] => stdClass Object ( [title] => UNCRPD Monitoring Body publication about exemptions from the right to vote [url] => http://www.institut-fuer-menschenrechte.de/uploads/tx_commerce/policy_paper_18_gleiches_wahlrecht_fuer_alle.pdf ) ) ) [16] => stdClass Object ( [parent] => B. General legal framework [theme_title] => B4. Official recognition of sign language [theme_slug] => b4-official-recognition-of-sign-language [theme_id] => 16 [contents] => In Germany sign language has been recognized as an official language since 2002. The legal basis is the national Disability Equality Act (section 6 paragraph 1 BGG). Paragraph 82 benefits for the promotion of communication (Leistungen zur Förderung der Verständigung). of the Federal Participation Law (2016, Bundesteilhabegesetz) stresses that alternative means of communication such as sign language need to be taken into account if required. [update_date] => 2017-07-25 12:58:22 [links] => Array ( [0] => stdClass Object ( [title] => Section 6 BGG – Disability Equality Act [url] => http://www.gesetze-im-internet.de/bgg/__6.html ) [1] => stdClass Object ( [title] => Federal Participation Law [url] => https://www.bmas.de/SharedDocs/Downloads/DE/PDF-Meldungen/2016/bundesteilhabegesetz.pdf?__blob=publicationFile&v=7 ) ) ) [17] => stdClass Object ( [parent] => B. General legal framework [theme_title] => B5. National disability strategy and action plan [theme_slug] => b5-national-disability-strategy-and-action-plan [theme_id] => 17 [contents] => The first national disability action plan for the implementation of the CRPD was published on 15 June 2011. It is entitled ’Just doing it’; Our Journey into an Inclusive Society [‘Einfach machen’; Unser Weg in eine inklusive Gesellschaft’]. In this action plan the German government commits itself to inclusion as a long-term objective. Participation of persons with disabilities in working life is identified as a priority. Another key issue is the improvement of indicators and statistics about the situation of persons with disabilities. More valid data is needed to guarantee a solid foundation for policy changes.

To inform about the life situations of persons with disabilities and the effectiveness of policy instruments the Federal Ministry for Labour and Social Affairs regularly publishes official disability reports. At least one report in each legislation period is legally required. The last government report was published in 2016.

The second National Action Plan places greater emphasis on human rights issues (see German Institute for Human Rights 2016, 2) than the National Action Plan of 2011. The German Federal government’s National Action Plan 2.0 covers 13 areas of activity and 175 different measures. All things considered, the new National Action Plan 2.0 is in progress, even if it does not implement all the calls of the UN Committee consistently or consequently, for example, in regard to the segregation of people in sheltered workshops (see Deutsches Institut für Menschenrechte, 3). Partially, it is feared that the National Action Plan 2.0 may worsen the situation of people with disabilities. [update_date] => 2017-07-25 13:03:11 [links] => Array ( [0] => stdClass Object ( [title] => National action plan [url] => http://www.bmas.de/SharedDocs/Downloads/DE/PDF-Publikationen/a740-nationaler-aktionsplan-barrierefrei.pdf?__blob=publicationFile ) [1] => stdClass Object ( [title] => Disability report of the German government 2013 [url] => http://www.bmas.de/SharedDocs/Downloads/DE/PDF-Publikationen/a125-13-teilhabebericht.pdf;jsessionid=B2CB9FE716B78F6FC734577DB3B1A25B?__blob=publicationFile&v=2 ) [2] => stdClass Object ( [title] => New National action plan 2.0 [url] => http://www.bmas.de/SharedDocs/Downloads/DE/PDF-Schwerpunkte/inklusion-nationaler-aktionsplan-2.pdf?__blob=publicationFile&v=4 ) [3] => stdClass Object ( [title] => New and revised version of the Disability report of the German government 2016 [url] => http://www.bmas.de/SharedDocs/Downloads/DE/PDF-Pressemitteilungen/2017/zweiter-teilhabebericht.pdf?__blob=publicationFile&v=4 ) [4] => stdClass Object ( [title] => Comments on the National Action Plan 2.0 by the Monitorig Body, German Institute for Human Rights [url] => http://www.institut-fuer-menschenrechte.de/fileadmin/user_upload/Publikationen/Stellungnahmen/Stellungnahme_Kommentar_zum_Nationalen_Aktionsplan_2_0_der_Bundesregierung_zur_Umsetzung_der_UN_BRK.pdf ) ) ) [19] => stdClass Object ( [parent] => C. Accessibility [theme_title] => C1. Transport accessibility [theme_slug] => c1-transport-accessibility [theme_id] => 19 [contents] => Section 8 paragraph 2 Disability Equality Act [Gesetz zur Gleichstellung behinderter Menschen – Behindertengleichstellungsgesetz, BGG] stipulates at the national level that public transport has to be accessible. This law has caused changes in the specific legislation that touches the issue of transport accessibility. In 2012 the national passenger transport law was reformed accordingly. It stipulates that full accessibility of public transport is to be ensured until 2022. Long distance bus services are to be fully accessible until 2019.

As the amended version of the Federal Participation Law, dating from July 2016, excludes the private sector, the legally binding changes are affecting the public sector only. Thus, accessibility and participation in society according to the UN CRPD is insufficient because of everyday barriers in the private sector. Within the framework of the state party review, the UN Committee pointed out that the distinction between the public and the private sector in regard to goods and services is inacceptable and cannot be a deciding factor for the implementation of accessibility according to the UN CRPD. The Social Association Germany (Sozialverband Deutschland) argues that the amended version of the Disability Equality Act (Gesetz zur Gleichstellung behinderter Menschen – Behindertengleichstellungsgesetz, BGG) does not meet the requirements for full and active participation if the private sector is not included (see Sozialverband Deutschland 2016, 4). [update_date] => 2017-07-25 13:09:37 [links] => Array ( [0] => stdClass Object ( [title] => Section 8 BGG – Disability Equality Act [url] => http://bundesrecht.juris.de/bgg/__8.html ) [1] => stdClass Object ( [title] => National Passenger Transport Act [Gesetz zur Änderung personenbeförderungsrechtlicher Vorschriften], parliamentary decisions and legal changes [url] => http://dipbt.bundestag.de/extrakt/ba/WP17/378/37838.html ) [2] => stdClass Object ( [title] => UN CRPD (2015): Concluding remarks on the first German country report [url] => http://www.brk-allianz.de/attachments/article/108/_BMAS_CO_Staatenpr%C3%BCfung_deutsche_%C3%9Cbersetzung.pdf ) [3] => stdClass Object ( [title] => Critical remarks of the Social Association Germany (Sozialverband Deutschland) [url] => http://www.sovd.de/fileadmin//downloads/sozial-infos/pdf/Sozial-Info_2016-08_Das-neue-BGG.pdf ) [4] => stdClass Object ( [title] => Comments of the Monitoring Body, German Institute for Human Rights [url] => http://www.institut-fuer-menschenrechte.de/fileadmin/user_upload/Publikationen/Stellungnahmen/Stellungnahme_Bundesteilhabegesetz_ueberarbeiten.pdf ) ) ) [20] => stdClass Object ( [parent] => C. Accessibility [theme_title] => C2. Built environment accessibility [theme_slug] => c2-built-environment-accessibility [theme_id] => 20 [contents] => Section 8 paragraph 1 Disability Equality Act [Gesetz zur Gleichstellung behinderter Menschen – Behindertengleichstellungsgesetz, BGG] stipulates at the national level that public buildings have to be accessible; this obligation applies to new buildings as well as to reconstructions of public buildings on a large scale. All 16 federal states [Länder] have similar laws and regulations on accessibility in buildings which are open to the public. [update_date] => 2012-03-23 14:19:29 [links] => Array ( [0] => stdClass Object ( [title] => Section 8 BGG – Disability Equality Act [url] => http://bundesrecht.juris.de/bgg/__8.html ) [1] => stdClass Object ( [title] => Section 4 Disability Equality Act of North Rhine-Westphalia (one of 16 examples of an accessibility act at the federal level) [url] => https://recht.nrw.de/lmi/owa/br_bes_text?anw_nr=2&gld_nr=2&ugl_nr=201&bes_id=5216&menu=1&sg=0&aufgehoben=N&keyword=bgg#det190771 ) [2] => stdClass Object ( [title] => Section 55 Building Regulation of North Rhine-Westphalia (one of 16 examples of an accessibility regulation at the federal level) [url] => https://recht.nrw.de/lmi/owa/br_bes_text?anw_nr=2&gld_nr=2&ugl_nr=232&bes_id=4883&aufgehoben=N&menu=1&sg=0#det241837 ) ) ) [21] => stdClass Object ( [parent] => C. Accessibility [theme_title] => C3. ICT and Web accessibility [theme_slug] => c3-ict-and-web-accessibility [theme_id] => 21 [contents] => Since 2002 public service sectors have been obliged to provide accessible websites. The legal basis is the national Disability Equality Act (section 11 Gesetz zur Gleichstellung behinderter Menschen – Behindertengleichstellungsgesetz, BGG). This law has caused changes in other specific legislation that touches issues of accessibility, for example, the Telecommunications Act [Telekommunikationsgesetz] in Section 45 stipulates that disabled users are to have equal access to broadcasting and telecommunication systems. The Federal Home Office and the Federal Ministry for Labour and Social Affairs issue regulations about the accessibility needs to be considered, technical norms, periods of time and the scope of the law. There are the Regulation of the Use of Sign Language and Other Communication Aids in Administrative Procedures [Kommunikationshilfenverordnung] and the Regulation on Barrier-Free Information Technologies [Barrierefreie Informationstechnik-Verordnung]. Other (commercial) Internet providers are entitled to negotiate their accessibility standards in goal agreements with Disabled People's Organisations. [update_date] => 2017-07-25 13:13:18 [links] => Array ( [0] => stdClass Object ( [title] => Section 11 BGG – Disability Equality Act [url] => http://www.gesetze-im-internet.de/bgg/__11.html ) [1] => stdClass Object ( [title] => Telecommunications Act [Telekommunikationsgesetz – TKG] [url] => http://www.gesetze-im-internet.de/bundesrecht/tkg_2004/gesamt.pdf ) [2] => stdClass Object ( [title] => Federal Ministry for Labour and Social Affairs, general information about goal agreements [url] => http://www.bmas.de/DE/Themen/Teilhabe-behinderter-Menschen/Zielvereinbarungen/inhalt.html ) ) ) [23] => stdClass Object ( [parent] => D. Independent living [theme_title] => D1. Choice of living arrangements [theme_slug] => d1-choice-of-living-arrangements [theme_id] => 23 [contents] => The disability rights movement has been successful in establishing the concept of personal assistance (the so called 'employer model') as well as an infrastructure for support in independent living. At local level there are around 20 centres run by disabled people which offer counselling and practical support for all disabled people who want to live independently. There are also several national (umbrella) organisations which provide networks and also lobby on the issue. In recent years there have been positive developments towards implementation of the approach of independent living. The Disability Equality Act of 2002 (Gesetz zur Gleichstellung behinderter Menschen – Behindertengleichstellungsgesetz, BGG) has brought the issue of accessibility to the fore.

The Federal Participation Law (Bundesteilhabegesetz) from 2016 promotes free choice of living arrangements and the transition from institutional care to private households, but at the same time some of the regulations weaken this principal. The so called ‘higher cost reservation’ (Mehrkostenvorbehalt) determines that people with disabilities can be forced to live in residential homes and/or forced to pool benefits/assistance if private and individual solutions are more expensive and/or considered unreasonable (Deutsches Institut für Menschenrechte 2016). [update_date] => 2017-07-25 13:17:53 [links] => Array ( [0] => stdClass Object ( [title] => Disability Equality Act [url] => http://www.gesetze-im-internet.de/bgg ) [1] => stdClass Object ( [title] => Section 53 ff. SGB XII – Integration Support for Disabled People [url] => http://bundesrecht.juris.de/sgb_12/BJNR302300003.html#BJNR302300003BJNG001000000 ) [2] => stdClass Object ( [title] => Long Term Care Insurance (Social Code Book XI) [url] => http://bundesrecht.juris.de/sgb_11/ ) [3] => stdClass Object ( [title] => Act for Rehabilitation and Participation of Disabled People (Social Code Book IX) [url] => http://bundesrecht.juris.de/sgb_9/ ) [4] => stdClass Object ( [title] => The New Disability Equality Act [url] => http://www.bmas.de/DE/Service/Gesetze/gesetz-zur-gleichstellung-behinderter-menschen.html ) [5] => stdClass Object ( [title] => Comments of the Monitoring Body, German Institute for Human Rights [url] => http://www.institut-fuer-menschenrechte.de/fileadmin/user_upload/Publikationen/Stellungnahmen/Stellungnahme_Bundesteilhabegesetz_ueberarbeiten.pdf ) ) ) [24] => stdClass Object ( [parent] => D. Independent living [theme_title] => D2. De-institutionalisation [theme_slug] => d2-de-institutionalisation [theme_id] => 24 [contents] => The social assistance system (Social Code Book XII) and, as part of it, the 'Integration Support for Disabled People' [Eingliederungshilfe für behinderte Menschen; section 53 ff. SGB XII] as well as the Long Term Care Insurance (Social Code Book XI) are based on the principle of community oriented assistance and care. This priority is not valid if its execution would result in disproportionately extra costs in comparison with institutional support (section 13 paragraph 1 SGB XII). But the term 'disproportionately extra costs' is not regulated and exact sums are not numbered; the decision is taken by the responsible administration which considers the individual case in question and the social budget of the respective region. Officially disabled people have the right to opt for different types of institutional and home care. In 2008 the law for the further development of the mandatory long term care insurance [Gesetz zur strukturellen Weiterentwicklung der Pflegeversicherung] reformed the long-term care insurance system in many aspects: the existing lump sums for institutional and home care were increased; care benefits for people with cognitive disabilities and dementia were upgraded; individual case management and the option of care assistance for people with comprehensive support needs in areas of daily living were introduced. Another law [Gesetz zur Regelung des Assistenzpflegebedarfs im Krankenhaus] stipulated that disabled people who rely on personal assistance are entitled to keep their personal assistants during their stay in hospital.

As a consequence, the Federal Participation Law (Bundesteilhabegesetz) from 2016 could, on the one hand, promote deinstitutionalisation through free choice of living arrangements and the transition from institutional care to private households. On the other hand, some of the regulations (such as the ‘higher cost reservation’ (Mehrkostenvorbehalt) can force people with disabilities into residential homes if private and individual solutions are more expensive than institutional ones (Deutsches Institut für Menschenrechte 2016). [update_date] => 2017-07-25 13:21:08 [links] => Array ( [0] => stdClass Object ( [title] => Section 13 SGB XII – Social Code Book XII on Social Assistance [url] => http://bundesrecht.juris.de/sgb_12/__13.html ) [1] => stdClass Object ( [title] => Law for the further development of the mandatory long term care insurance [url] => http://www.buzer.de/gesetz/8223/index.htm ) [2] => stdClass Object ( [title] => Law for personal assistance during a hospital stay [url] => http://www.buzer.de/gesetz/8953/index.htm ) [3] => stdClass Object ( [title] => The New Disability Equality Act [url] => http://www.bmas.de/DE/Service/Gesetze/gesetz-zur-gleichstellung-behinderter-menschen.html ) [4] => stdClass Object ( [title] => Comments of the Monitoring Body, German Institute for Human Rights [url] => http://www.institut-fuer-menschenrechte.de/fileadmin/user_upload/Publikationen/Stellungnahmen/Stellungnahme_Bundesteilhabegesetz_ueberarbeiten.pdf ) ) ) [25] => stdClass Object ( [parent] => D. Independent living [theme_title] => D3. Quality of social services [theme_slug] => d3-quality-of-social-services [theme_id] => 25 [contents] => In 2008 the German system of long-term care insurance was reformed in order to provide better quality management: services such as counselling and support for caregivers as well as the evaluation and regular control procedures of long-term care institutions were improved; individual case management was introduced. In 2012/2013 the long-term care readjustment law [Pflege-Neuausrichtungs-Gesetz, PNG] came into force. It increased the benefits for old people with dementia and their families, made care services and benefits more flexible and introduced supplementary private long-term care insurance.

Since January 2017 changes have been made to nursing care insurance. The different levels of care (Pflegestufen) have been transformed into degrees of care (Pflegestufen). Along with the implementation of degrees of care the classification of nursing care has been based on a person’s autonomy in certain areas of life. As the grandfathering is indefinite, it is impossible to downgrade previously granted care services. [update_date] => 2017-07-25 13:23:51 [links] => Array ( [0] => stdClass Object ( [title] => Act for the Restructuring of Long Term Care (2012) [url] => https://www.bgbl.de/xaver/bgbl/start.xav?startbk=Bundesanzeiger_BGBl&start=//*%255B@attr_id=%27bgbl112s2246.pdf%27%255D#__bgbl__%2F%2F*%5B%40attr_id%3D%27bgbl112s2246.pdf%27%5D__148796944175 ) [1] => stdClass Object ( [title] => Act for the Further Development of Long Term Care Insurance (2008) [url] => http://www.buzer.de/gesetz/8223/index.htm ) [2] => stdClass Object ( [title] => The structure of the long-term care insurance in Germany [url] => https://www.bundesgesundheitsministerium.de/long-term-care.html ) [3] => stdClass Object ( [title] => Information on the consequences of restructuring of care since 2017 [url] => https://www.lebenshilfe.de/de/Praxishilfe-zur-Umstellung-der-Leistungen-der-Pflegeversicherung-zum-1.1.17.pdf ) ) ) [26] => stdClass Object ( [parent] => D. Independent living [theme_title] => D4. Provision of assistive devices at home [theme_slug] => d4-provision-of-assistive-devices-at-home [theme_id] => 26 [contents] => In Germany assistive devices at home are mainly financed through health insurance or, if a device is needed in the case of long-term care, the long term care insurance applies. If a disability is due to an accident, the accident insurance is responsible for financing necessary equipment. [update_date] => 2012-03-23 14:19:29 [links] => Array ( [0] => stdClass Object ( [title] => Section 33 SGB V – Health Insurance [url] => http://bundesrecht.juris.de/sgb_5/__33.html ) [1] => stdClass Object ( [title] => Section 40 SGB XI – Long Term Care Insurance [url] => http://bundesrecht.juris.de/sgb_11/__40.html ) [2] => stdClass Object ( [title] => Section 31 SGB VII – Accident Insurance [url] => http://bundesrecht.juris.de/sgb_7/__31.html ) ) ) [27] => stdClass Object ( [parent] => D. Independent living [theme_title] => D5. Availability of personal assistance schemes [theme_slug] => d5-availability-of-personal-assistance-schemes [theme_id] => 27 [contents] => In Germany personal assistance services for independent living that are controlled and directed by disabled people themselves have been gradually developed and established since the 1980s. In principal, today all persons with severe disabilities and in need for comprehensive assistance are entitled to personal assistance. It is financed through the 'Integration Support for Disabled People' [Eingliederungshilfe für behinderte Menschen; Section 53 ff. SGB XII] as part of the social assistance law regulated in the Social Code Book XII [Sozialgesetzbuch XII]. The introduction of the mandatory long-term care insurance in 1995 [Sozialgesetzbuch XI] has been regarded by independent living activists as a backlash, as it draws on a medical and reductionist model of long-term care. It is worth noting however that even this scheme aims, at least in principle, at community orientation and individual self-determination. Direct payments have been gradually introduced since the Social Code Book for Rehabilitation and Participation of Disabled People [Sozialgesetzbuch IX], as a framework act, came into force in 2001; taking the form of personal budgets, they have become a legal right since 2008. It is likely that personal budgets will further promote the implementation of independent living, as the lump sums are granted, distributed and managed according to individual needs and life situations.

The new ‘personal budgets’ have the potential to promote the implementation of independent living, as lump sums are granted, distributed and managed according to individual needs and life situations. There are three ways to organise and manage work assistance: a) self-reliant, b) as service model (specific services provide assistance services), c) as a mixture of a) and b). The funding can also be provided by a personal budget according to § 17 of the Social Code Book IX (SGB IX) or as a benefit in kind trough a relevant service provider (betanet 6). However, the use of such services requires a lot of effort due to bureaucratic constraints. [update_date] => 2017-07-25 13:26:51 [links] => Array ( [0] => stdClass Object ( [title] => Section 53 ff. SGB XII - Integration Support for Disabled People [url] => http://bundesrecht.juris.de/sgb_12/BJNR302300003.html#BJNR302300003BJNG001000000 ) [1] => stdClass Object ( [title] => Long Term Care Insurance (Social Code Book XI) [url] => http://bundesrecht.juris.de/sgb_11/ ) [2] => stdClass Object ( [title] => Act for Rehabilitation and Participation of Disabled People (Social Code Book IX) [url] => http://bundesrecht.juris.de/sgb_9/ ) ) ) [28] => stdClass Object ( [parent] => D. Independent living [theme_title] => D6. Income maintenance [theme_slug] => d6-income-maintenance [theme_id] => 28 [contents] => In general, the German social security system offers several types of income maintenance for disabled people: old age pensions, pensions depending on the individual degree of work capacity, basic income for disabled people under the poverty line, and basic income for unemployed people with disabilities. Firstly, as the majority of people with official disability status in Germany have reached retirement age and are no longer in employment, main source of income for disabled people is pensions. Secondly, there are additional types of pensions for disabled individuals with no, or reduced work capacity that depend on the individual degree of work capacity; one can either receive a pension due to full reduction in earning capacity [Rente wegen voller Erwerbsminderung] or a pension due to partial reduction in earning capacity [Rente wegen teilweiser Erwerbsminderung]. Recipients of the pension due to full reduction in earning capacity are obliged to have an earning capacity which is less than three hours per day, whereas recipients of the pension due to partial reduction of earning capacity are regarded as capable of working for three to six hours per day. Thirdly, supplementary to the pension insurance system there is a social security benefit that offers basic income for two groups. The first group is formed by people who receive regular pensions or other financial benefits which are under the poverty line. The second group includes disabled people who have never been, and are not likely to become, members of the workforce; usually this group cannot get regular employment, but works in sheltered workshops. The so-called basic pension for old age pensioners under the poverty line as well as persons with no earning capacity [Grundsicherung im Alter und bei Erwerbsminderung] entered into force in 2003 and is granted either to people over 65 resp. 67 in order to prevent poverty or to disabled persons aged 18-64 who have a constant reduction of earning capacity. Fourthly, if disabled people are part of the workforce, are able to work and have not yet reached retirement age, but become unemployed, they are entitled to receive unemployment benefit [Arbeitslosengeld] as part of the law to promote employment and to protect against unemployment (Social Code Book III) for the maximum period of one year. After this period, they are entitled to a lower social benefit which is called 'basic income for job applicants' and administered according to the principles of subsidiarity and poverty relief (Social Code Book II). In 2014 the non-contributory supplementary period [Zurechnungszeit] of the pension due to no or reduced earning capacity [Erwerbsminderungsrente] has been expanded for two years (from 60 to 62 years); this change in calculation will result in higher pension payments. [update_date] => 2017-07-25 13:29:44 [links] => Array ( [0] => stdClass Object ( [title] => Section 41ff. SGB XII – Social Assistance [url] => http://bundesrecht.juris.de/sgb_12/BJNR302300003.html#BJNR302300003BJNG000600000 ) [1] => stdClass Object ( [title] => Law to Promote Employment (Social Code Book III) [url] => http://bundesrecht.juris.de/sgb_3/ ) [2] => stdClass Object ( [title] => Basic Income for Jobseekers (Social Code Book II) [url] => http://bundesrecht.juris.de/sgb_2/ ) ) ) [29] => stdClass Object ( [parent] => D. Independent living [theme_title] => D7. Additional costs [theme_slug] => d7-additional-costs [theme_id] => 29 [contents] => In Germany there are different types of financial benefits for disabled people. The mandatory long-term care insurance offers lump sums [Pflegegeld] depending on the three official levels of care needs. The person in need of and entitled to care can choose these lump sums instead of professional services; with this money the individual can pay family members, friends, neighbours or other persons for providing personal care and support (section 37 SGB XI). The Integration Support for Disabled People [Eingliederungshilfe für behinderte Menschen; see section 53 ff. SGB XII] as part of social assistance law regulated in Social Code Book XII [Sozialgesetzbuch XII] provides, in comparison to standard social assistance, generous income limits and less restrictive means testing for disabled recipients and their families. Blind and deaf persons are entitled to a monthly sum without means testing [Blindengeld; Hilfe für Gehörlose] on the basis of the Assistance for Blind and Deaf Persons Law [Gesetz über die Hilfen für Blinde und Gehörlose]. Thalidomide victims receive monthly pensions without means testing on the basis of the law that regulates the compensation claims due to Thalidomide and provides support for this group of disabled people [section 13 Gesetz über die Conterganstiftung für behinderte Menschen]. Last but not least the Federal Child Support Law (section 2 Bundeskindergeldgesetz) stipulates that in the case of a disabled child who is not able to support him/herself, the monthly child benefit [Kindergeld] will be paid beyond the standard age limit of 25 years. [update_date] => 2012-03-23 14:19:29 [links] => Array ( [0] => stdClass Object ( [title] => Section 53 ff. SGB XII – Integration Support for Disabled People [url] => http://bundesrecht.juris.de/sgb_12/BJNR302300003.html#BJNR302300003BJNG001000000 ) [1] => stdClass Object ( [title] => Section 37 SGB XI – Compulsory Long Term Care Insurance [url] => http://bundesrecht.juris.de/sgb_11/__37.html ) [2] => stdClass Object ( [title] => Assistance for Blind and Deaf Persons Law of North Rhine-Westphalia [url] => https://recht.nrw.de/lmi/owa/br_bes_text?anw_nr=2&gld_nr=2&ugl_nr=2170&bes_id=4675&menu=1&sg=0&aufgehoben=N&keyword=blinde#det0 ) [3] => stdClass Object ( [title] => Section 13 Law on Establishing the Foundation for Thalidomide Victims [url] => http://www.gesetze-im-internet.de/contstifg/__13.html ) [4] => stdClass Object ( [title] => Section 2 Federal Child Support Law [url] => http://bundesrecht.juris.de/bkgg_1996/__2.html ) ) ) [30] => stdClass Object ( [parent] => D. Independent living [theme_title] => D8. Retirement income [theme_slug] => d8-retirement-income [theme_id] => 30 [contents] => Disabled people who have been part of the workforce are entitled to receive benefits from the mandatory Old Age Pension Insurance after retirement. Additionally they may receive payments from private insurance. Supplementary to the pension insurance system there is a social security benefit [SGB XII: Grundsicherung im Alter und bei Erwerbsminderung] which offers basic income for two groups. The first group is formed by people who receive regular pensions or other financial benefits which are under the poverty line. The second group includes people who have never been and are not likely to become members of the workforce; usually this group cannot get regular employment, but works in sheltered workshops. The so called basic pension for old age pensioners under the poverty line as well as persons with no earning capacity [Grundsicherung im Alter und bei Erwerbsminderung] entered into force in 2003 and is granted either to people over 65 in order to prevent poverty or to persons aged 18-64 who have a constant reduction of earning capacity. A person who has worked in a sheltered workshop for at least 20 years may receive a pension equivalent to other old age pensions, but the benefits are earning-related and will usually be rather low in the case of workshop employment. If monthly pensions are under the poverty line recipients may receive a supplementary basic income. [update_date] => 2017-07-25 13:31:52 [links] => Array ( [0] => stdClass Object ( [title] => Section 43 SGB VI – Mandatory Old Age Insurance [url] => http://bundesrecht.juris.de/sgb_6/__43.html ) [1] => stdClass Object ( [title] => Section 41 ff. SGB XII – Social Assistance [url] => http://bundesrecht.juris.de/sgb_12/BJNR302300003.html#BJNR302300003BJNG000600000 ) ) ) [32] => stdClass Object ( [parent] => E. Education [theme_title] => E1. Special schools [theme_slug] => e1-special-schools [theme_id] => 32 [contents] => The German Constitution [Grundgesetz] does not explicitly provide the right for children with disabilities to attend a mainstream school, but Article 3 (3) GG forbids discrimination because of disability. National parliament and the government do not have legislative and executive powers when it comes to schools. The sixteen federal states have been granted exclusive control of school education and higher education. Germany has signed the UNCRPD in which Article 24 demands the right to inclusive education.

Each federal state has its own school law which provides the legal basis for the schooling and education of all children and young people. The school authorities of the 16 federal states of Germany decide on the kind of special support individual children need, which types of special education are appropriate in individual cases, and on the locations (special school, inclusive school or regular school) where this support will take place. In some federal states, parents have a say in this decision; in other federal states the authority decides on its own, taking into account statements by teachers and other experts as well as the parents'. The school laws of most federal states provide the opportunity of inclusive schooling or even declare it a priority. Inclusive education is granted only under certain conditions: that the so-called 'disproportionate burden' is avoided, if human and material resources are available and if organisational conditions allow it. For example, in 2013, the government of North Rhine-Westphalia granted the right to inclusive schooling in the federal schooling law. In this and other federal states disabled children now have the right to be educated in a regular school. In regular schools opportunities for inclusion differ and depend on various surrounding factors (e.g. funds, staff, organisation). [update_date] => 2017-07-25 13:36:38 [links] => Array ( [0] => stdClass Object ( [title] => School Law of North Rhine-Westphalia [url] => http://www.schulministerium.nrw.de/BP/Schulrecht/Gesetze/Schulgesetz.pdf ) ) ) [33] => stdClass Object ( [parent] => E. Education [theme_title] => E2. Mainstream schools [theme_slug] => e2-mainstream-schools [theme_id] => 33 [contents] => In Germany school law is the domain of the federal states; the national level has no legislative power in this field. The schooling of children with disabilities is not mentioned in the General Equality Act [Allgemeines Gleichbehandlungsgesetz]. At regional and local levels attending a mainstream school is in general possible if technical requirements and qualified staff can be made available. Since a well-established infrastructure of special schools exists which provides schooling for children with special educational needs, the transfer to a special school is not regarded as discrimination by German courts. If a child needs special support in order to visit a mainstream school s/he may receive an extra teacher and/or personal assistance. Personal assistance is provided through the ’Integration Support for Disabled People‘ [Eingliederungshilfe für behinderte Menschen] as part of the social assistance law regulated in the Social Code Book XII [Sozialgesetzbuch XII]. The costs of this type of support are granted without means testing. There are professional services which offer this assistance to disabled children. [update_date] => 2012-03-23 14:19:31 [links] => Array ( [0] => stdClass Object ( [title] => Section 54 Social Code Book XII [url] => http://bundesrecht.juris.de/sgb_12/__54.html ) ) ) [34] => stdClass Object ( [parent] => E. Education [theme_title] => E3. Sign language and Braille in school [theme_slug] => e3-sign-language-and-braille-in-school [theme_id] => 34 [contents] => There is no legislation or regulation about the use of Braille or sign language in mainstream schools. In 2010 a court verdict obliged public administration to finance sign language interpretation for a deaf child who wanted to visit a mainstream school. The interpretation service is financed through the 'Integration Support for Disabled People' [Eingliederungshilfe für behinderte Menschen] as part of the social assistance law regulated in the Social Code Book XII [Sozialgesetzbuch XII]. [update_date] => 2017-07-25 14:54:29 [links] => Array ( [0] => stdClass Object ( [title] => Judgement of the Social Court of Frankfurt to take over the cost of a sign language interpreter in mainstream schools [url] => http://www.kestner.de/n/verschiedenes/presse/2010/Beschluss-Sozialgericht_Ffm.pdf ) ) ) [35] => stdClass Object ( [parent] => E. Education [theme_title] => E4. Vocational training [theme_slug] => e4-vocational-training [theme_id] => 35 [contents] => The German system of vocational education and training is standardized on a national scale. There is a law, the Vocational Training Act [Berufsbildungsgesetz, BBiG], and a regulation, the Trade and Crafts Code [Gesetz zur Ordnung des Handwerks] that provide for the vocational education and training of persons with and without disabilities. In principle, disabled persons are to be trained in recognised occupations just like non-disabled people. Special provisions in the law and in the regulation allow for adaptations and support in training programs and assessment requirements according to impairment-specific needs (section 65 BBiG; section 42l HwO), for instance: time schedules, curricula and assessments can be adjusted; apprentices are entitled to special needs support; young people who are deaf have the right to a sign language interpreter during their vocational education, training and respective exams etc. The competent bodies are also required to develop suitable training arrangements derived from the content of recognised training occupations for those disabled persons for whom initial training is not an option due to the nature and severity of their disabilities. To ensure the necessary uniformity of such arrangements, the law provides for them to be in keeping with the recommendations of the Board of the Federal Institute for Vocational Education and Training (section 66 BBiG; section 42m HwO). [update_date] => 2014-04-04 10:43:00 [links] => Array ( [0] => stdClass Object ( [title] => Vocational Training Act [url] => http://www.gesetze-im-internet.de/bbig_2005/index.html ) [1] => stdClass Object ( [title] => Trade and Crafts Code [url] => http://www.gesetze-im-internet.de/hwo/ ) ) ) [36] => stdClass Object ( [parent] => E. Education [theme_title] => E5. Higher education [theme_slug] => e5-higher-education [theme_id] => 36 [contents] => The national Framework Act for Higher Education [Hochschulrahmengesetz] stipulates that universities have to ensure that students with disabilities are not discriminated against, have access to all academic services and courses, and get support according to their specific needs in order to pass exams and meet requirements (section 2 paragraph 4 sentence 2 HRG; section 16 sentence 4 HRG). All 16 German federal states have adopted respective provisions in their higher education laws. Criteria and the approval for compensations for students with disabilities may vary among different institutions of higher education. [update_date] => 2017-07-25 14:56:06 [links] => Array ( [0] => stdClass Object ( [title] => Framework Act for Higher Education [url] => http://bundesrecht.juris.de/hrg/ ) ) ) [38] => stdClass Object ( [parent] => F. Employment [theme_title] => F1. Non-discrimination in employment [theme_slug] => f1-non-discrimination-in-employment [theme_id] => 38 [contents] => The General Equality Act [Allgemeines Gleichbehandlungsgesetz, AGG] and Social Code Book IX (section 81 paragraph 2 SGB IX) both protect disabled persons against discrimination in working life. Generally, social legislation obliges all employers to consider whether a vacancy could be given to a severely disabled applicant. A quota system requires all private companies and public services with 20 employees or more to have at least 5% severely disabled staff (section 71 SGB IX). In the case of non-compliance employers have to pay compensation tax which is collected and used in turn to finance accessible workplaces as well as special employment and job programs. All employers who offer jobs and/or training for people with disabilities can get public funding and information as well as consultation by the so called Integration Offices [Integrationsämter]; special advice bureaus, which operate on the basis of the Social Code Book IX for Rehabilitation and Participation of Disabled People (section 102 SGB IX). In the case of job terminations, employees with severe disabilities have special protection (section 85 ff. SGB IX). Both private business and the civil service are also obliged to employ ombudspersons who represent the interests of disabled staff as well as applicants. The Act on the Promotion of Severely Disabled People’s Vocational Training and Employment [Gesetz zur Förderung der Ausbildung und Beschäftigung schwerbehinderter Menschen] of 2006 aims at improving the employment of its target group, mainly young people with severe disabilities, through, for example, subsidies which are paid to employers who offer vocational training. [update_date] => 2014-04-04 10:41:17 [links] => Array ( [0] => stdClass Object ( [title] => Section 2 AGG - General Equality Act [url] => http://bundesrecht.juris.de/agg/__2.html ) [1] => stdClass Object ( [title] => Act for Rehabilitation and Participation of Disabled People (Social Code Book IX) [url] => http://bundesrecht.juris.de/sgb_9/ ) [2] => stdClass Object ( [title] => Act on the Promotion of Severely Disabled People’s Vocational Training and Employment [url] => http://www.soliserv.de/pdf/Gesetz_zur_Foerderung_der_Ausbildung_und_Beschaeftigung_schwerbehinderter_Menschen.pdf ) ) ) [39] => stdClass Object ( [parent] => F. Employment [theme_title] => F2. Public employment services [theme_slug] => f2-public-employment-services [theme_id] => 39 [contents] => In December 2008 legislation about supported employment was introduced (section 38a SGB IX). Supported employment offers disabled people individualized support in gaining a suitable job position. It aims at integrating them into the general job market. The individual gets access to a work place in a private company that fits his/her qualification and training. When starting work the person gets individualized training and support as long as necessary until all parties agree that a job contract can be entered into. The service includes two main phases: first individual training for the job, second continual support at the workplace if needed. Social Code Book IX (section 33 paragraph 8 sentence 3 SGB IX; section 102 paragraph 4 SGB IX) regulates assistance at the work place. This kind of assistance is available for people with (severe) physical disabilities in order to support them to fulfil their physical job requirements. Reading assistants for blind people and people with impaired vision, and sign language interpreters for deaf people are covered. All employers who offer jobs and/or training for people with disabilities can get public funding and information as well as consultation by special advice bureaus, the so called Integration Offices [Integrationsämter]. These advice bureaus have the task of assisting in the employment of disabled persons, for example by financing measures of accessibility and technical adaptations, subsidizing wages and personal assistance at the work place etc. Other important actors in the field of creating accessible jobs are local Integration Services [Integrationsfachdienste] which operate on the basis of the Social Code Book IX (section 109 ff. SGB IX). The law also demands close cooperation between the Integration Services [Integrationsfachdienste] and the Integration Offices.

The work budget (Buget für Arbeit) which is defined in the Federal Participation Law shall provide additional incentives for employers to employ people with disabilities, especially people with learning disabilities, in order to include them in the regular labour market. [update_date] => 2017-07-25 15:08:38 [links] => Array ( [0] => stdClass Object ( [title] => Act for Rehabilitation and Participation of Disabled People (Social Code Book IX) [url] => http://bundesrecht.juris.de/sgb_9/ ) [1] => stdClass Object ( [title] => Federal Participation Law [url] => https://www.bmas.de/SharedDocs/Downloads/DE/PDF-Meldungen/2016/bundesteilhabegesetz.pdf?__blob=publicationFile&v=7 ) ) ) [40] => stdClass Object ( [parent] => F. Employment [theme_title] => F3. Workplace adaptations [theme_slug] => f3-workplace-adaptations [theme_id] => 40 [contents] => Adaptation of workplaces, provision of special equipment and adaptive technologies at work are available for disabled employees and their employers. These benefits and services are highly individualised, but require formal application and bureaucratic procedures. The funding is available through different rehabilitation services (such as the mandatory insurances for work accidents and old age), local government and the Federal Agency for Employment (SGB IX, paragraph 33). Workplace adaptions are initiated and carried out by the so-called ‘Integrationscenter' of the Federal Employment Agency and the Integration offices (Integrationsfachdienst). [update_date] => 2017-07-25 15:22:50 [links] => Array ( [0] => stdClass Object ( [title] => Section 33 SGB IX – Social Code Book IX [url] => http://bundesrecht.juris.de/sgb_9/__33.html ) ) ) [41] => stdClass Object ( [parent] => F. Employment [theme_title] => F4. Financial incentives [theme_slug] => f4-financial-incentives [theme_id] => 41 [contents] => There are several incentives for the employment of disabled workers in the open labour market: the German national quota system requires all private companies and public services with 20 employees or more to have at least 5% severely disabled staff (section 71 SGB IX). In the case of non-compliance employers have to pay compensation tax which is collected and used in turn to finance accessible workplaces as well as special employment and job programs. All employers who offer jobs and/or training for people with disabilities can get public funding by special advice bureaus, the so called Integration Offices [Integrationsämter]. These offices manage the funding for providing accessibility in the workplace. Employers may also receive subsidies (section 34 SGB IX) to offset apprentices' costs (in the amount of the monthly wage of the last year of the apprenticeship) or the wage costs (up to 70% of the monthly wage). Employees may receive benefits for the following measures: technical assistive devices and workplace adaptations, mobility support, assistance in the workplace, training, and others (section 33 SGB IX). [update_date] => 2017-07-25 15:29:52 [links] => Array ( [0] => stdClass Object ( [title] => Act for Rehabilitation and Participation of Disabled People (Social Code Book IX) [url] => http://bundesrecht.juris.de/sgb_9/ ) ) ) [43] => stdClass Object ( [parent] => G. Statistics and data collection [theme_title] => G1. Official research [theme_slug] => g1-official-research [theme_id] => 43 [contents] => In Germany there is no specialized institute or official department responsible for research on disability equality issues or for the collection of relevant data and statistics. Independent and comprehensive research on the living conditions and social inclusion of disabled people is rare. At the national level the Federal Ministry for Labour and Social Affairs [Bundesministerium für Arbeit und Soziales] is responsible for social policies concerning the participation of disabled people in society. The Federal Government Commissioner for Matters relating to Persons with Disabilities [Beauftragter der Bundesregierung für die Belange behinderter Menschen] is an official authority at the national level. This position and its office are affiliated with the Federal Ministry for Labour and Social Affairs, but acts independently from any government instructions. The Commissioner intervenes on behalf of disabled people, and has the right to intervene with all political activities in order to develop and establish national strategies that foster equal and social rights concerning disabled people. Both the Federal Ministry for Labour and Social Affairs and the Federal Government Commissioner for Matters relating to Persons with Disabilities offer accessible web sites with valuable information on disability and disability policies.

There are different sources that provide empirical data about the living conditions of disabled people in Germany. Every two years the national disability statistics is published; this official survey only counts people who have a registered status of severe disability. On a regular basis the 'Microcensus', a representative household survey based on interviews with one percent of the German population, offers recent data on the living conditions of people with disabilities. Every three to four years an official government report on disability is published. These reports present data on the rehabilitation system and information about programs and initiatives for disabled people. The second disability report issued in 2016 has improved since it was more directly oriented by the goals of the UN CRPD. Other recurring government reports on poverty and wealth in Germany consider the living conditions of disabled people; usually the regular official reports on social policy, education, vocational training, children and young people, families etc. also have chapters on disability issues. Government reports on gender issues also contain chapters about the situation of disabled men and women.

In order to improve the databases for the disability report and policies, the German government now funds a large-scale national survey which has begun in 2017 and will provide detailed data on all groups of people with disabilities by 2020. [update_date] => 2017-07-25 15:35:39 [links] => Array ( [0] => stdClass Object ( [title] => Federal Ministry for Labour and Social Affairs [url] => http://www.bmas.de/EN/Home/home.html ) [1] => stdClass Object ( [title] => Federal Government Commissioner for Matters relating to Persons with Disabilities [url] => http://www.behindertenbeauftragter.de/ ) [2] => stdClass Object ( [title] => National Disability Statistics 2011 Executive Summary [url] => https://www.destatis.de/DE/Publikationen/Thematisch/Gesundheit/BehinderteMenschen/SozialSchwerbehinderteKB5227101119004.pdf?__blob=publicationFile ) [3] => stdClass Object ( [title] => Publication on Microcensus 2009 data relating to disability [url] => https://www.destatis.de/DE/Publikationen/WirtschaftStatistik/Sozialleistungen/Lebenslagenbehinderte032012.pdf?__blob=publicationFile ) [4] => stdClass Object ( [title] => 2013 Report on the Situation of Persons with Disabilities Submitted by the German Federal Government (German version) [url] => http://www.bmas.de/SharedDocs/Downloads/DE/PDF-Publikationen/a125-13-teilhabebericht.pdf?__blob=publicationFile&v=2 ) [5] => stdClass Object ( [title] => The German Federal Government's 4th Report on Poverty and Wealth [url] => http://www.bmas.de/SharedDocs/Downloads/DE/PDF-Publikationen-DinA4/a334-4-armuts-reichtumsbericht-2013.pdf?__blob=publicationFile ) [6] => stdClass Object ( [title] => The German Federal Government's 4th Report on Poverty and Wealth. Executive Summary (English version) [url] => http://www.bmas.de/SharedDocs/Downloads/DE/PDF-Publikationen/a334-4-armuts-reichtumsbericht-2013-kurzfassung-engl.pdf?__blob=publicationFile ) [7] => stdClass Object ( [title] => Life situations of and pressures on disabled women in Germany. Short version (English version) [url] => http://www.bmfsfj.de/RedaktionBMFSFJ/Broschuerenstelle/Pdf- Anlagen/Lebenssituation-und-Belastungen-von-Frauen-Kurzfassung-englisch,property=pdf,bereich=bmfsfj,sprache=de,rwb=true.pdf ) [8] => stdClass Object ( [title] => 2016 Report on the Situation of Persons with Disabilities Submitted by the German Federal Government (German version) [url] => http://www.bmas.de/SharedDocs/Downloads/DE/PDF-Pressemitteilungen/2017/zweiter-teilhabebericht.html ) ) ) [44] => stdClass Object ( [parent] => G. Statistics and data collection [theme_title] => G2. Census data [theme_slug] => g2-census-data [theme_id] => 44 [contents] => The German Census 2011, a representative household survey based on interviews with ten percent of the German population in accordance with EU legislation, does not contain any specific questions on disability or health issues. The questionnaire mainly refers to issues of living conditions, employment, citizenship and income. The Federal Statistical Office publishes biennial statistics on people with disabilities . The latest short report was published in 2015. [update_date] => 2017-07-25 15:37:30 [links] => Array ( [0] => stdClass Object ( [title] => German Census 2011 [url] => https://www.zensus2011.de/ ) [1] => stdClass Object ( [title] => Questionnaire of the German Census 2011 [url] => https://www.zensus2011.de/SharedDocs/Downloads/DE/Fragebogen/Fragebogen_Haushaltebefragung.pdf?__blob=publicationFile&v=13 ) [2] => stdClass Object ( [title] => Official German Statistics on persons with Disabilities, DESTATIS 2015 [url] => https://www.destatis.de/DE/Publikationen/Thematisch/Gesundheit/BehinderteMenschen/Schwerbehinderte.html;jsessionid=3312AB7C90A4E3F2B849B863CF66C17F.cae3 ) ) ) [45] => stdClass Object ( [parent] => G. Statistics and data collection [theme_title] => G3. Labour Force Survey [theme_slug] => g3-labour-force-survey [theme_id] => 45 [contents] => The Federal Office of Statistics [Statistisches Bundesamt] is the most important source for quantitative data about the employment of disabled people in Germany. Additionally, the state-funded Institute for Labour Market and Occupational Research [Institut für Arbeitsmarkt und Berufsforschung, IAB] offers both quantitative and qualitative data on the employment of disabled persons. The Ministry for Labour and Social Affairs [Bundesministerium für Arbeit und Soziales] also provides information about special campaigns and programmes as well as statistical data and reports about the labour market integration of people with disabilities. [update_date] => 2017-07-25 15:40:14 [links] => Array ( [0] => stdClass Object ( [title] => Institute for Labour Market and Occupational Research (publications about persons with chronic diseases/disabilities) [url] => http://www.iab.de/320/section.aspx/Thema/1305 ) [1] => stdClass Object ( [title] => Publication on Microcensus 2009 data relating to disability [url] => https://www.destatis.de/DE/Publikationen/WirtschaftStatistik/Sozialleistungen/Lebenslagenbehinderte032012.pdf?__blob=publicationFile ) [2] => stdClass Object ( [title] => Official German Statistics on persons with Disabilities, DESTATIS 2015 [url] => https://www.destatis.de/DE/Publikationen/Thematisch/Gesundheit/BehinderteMenschen/Schwerbehinderte.html;jsessionid=3312AB7C90A4E3F2B849B863CF66C17F.cae3 ) [3] => stdClass Object ( [title] => Statistics of the Federal Office of Statistics about persons with disabilities [url] => https://www.destatis.de/DE/ZahlenFakten/GesellschaftStaat/Gesundheit/Behinderte/BehinderteMenschen.html ) ) ) [46] => stdClass Object ( [parent] => G. Statistics and data collection [theme_title] => G4. Disability equality indicators [theme_slug] => g4-disability-equality-indicators [theme_id] => 46 [contents] => According to section 66 Social Code Book IX the German government is legally obliged to publish an official report about the life situations of disabled people in Germany every four years. The development of new disability (equality) indicators was prepared by a conceptional report by Hornberg and Schröttle (2013) for the German Ministry of Labour and Social Affairs in 2011. The first disability report with the revised concept was published in September 2013; the second in 2016. The writing of these reports is accompanied by a scientific advisory board. According to these reports three types of indicators are necessary to outline the life situations of persons with disabilities: structural indicators, process indicators and outcome indicators. The latest disability reports were mainly based on outcome indicators which indicate the state-of-the-art of the UN CRPD implementation at the national level. Structural and process indicators are still missing and their development will be the topic for further surveys and reports. [update_date] => 2017-07-25 15:44:06 [links] => Array ( [0] => stdClass Object ( [title] => 2013 Report on the Situation of Persons with Disabilities Submitted by the German Federal Government [url] => http://www.bmas.de/DE/Service/Medien/Publikationen/a125-13-teilhabebericht.html ) [1] => stdClass Object ( [title] => 2016 Report on the Situation of Persons with Disabilities Submitted by the German Federal Government (German version) [url] => http://www.bmas.de/SharedDocs/Downloads/DE/PDF-Pressemitteilungen/2017/zweiter-teilhabebericht.html ) [2] => stdClass Object ( [title] => 2011 Conceptional Report for new indicators and structures of disability reporting [url] => http://www.ipse-nrw.de/neu/tl_files/ipse/fb10.pdf ) ) ) [48] => stdClass Object ( [parent] => H. Awareness and external action [theme_title] => H1. Awareness raising programs [theme_slug] => h1-awareness-raising-programs [theme_id] => 48 [contents] => Government authorities which are responsible for disability policy in Germany are also conducting public awareness raising campaigns. A recent campaign by the Federal Ministry for Labour and Social Affairs was called 'Behindern ist heilbar' [Disabling is curable]; it aimed to foster respectful attitudes and accessible environments.

A campaign by the Federal Government Commissioner for Matters relating to Persons with Disabilities [Beauftragter der Bundesregierung für die Belange behinderter Menschen] from 2011-2013 was called 'Deutschland wird inklusiv' [Germany becomes inclusive]. It aimed to promote inclusion as a central concept in disability policy. These campaigns serve to implement Article 8 of the UN CRPD, but the German UN CRPD monitoring body claims that additionally to general awareness raising programmes target group-specific training opportunities should be implemented as soon as possible.

The latest campaign of the German Federal Ministry for Labour and Social Affairs called ‘Gemeinsam einfach machen’ provides information on various topics related to the UN CRPD and gives examples of good practise.

One intiative within this campaign focused on the inclusion of people with disabilities into vocational training and employment and was called Initiative for Vocational Training, Apprenticeship and Employment (Inklusionsinitiative für Ausbildung und Beschäftigung).

Since 2013, the German Government hosts a big conference on inclusion every year (Inklusionstage). Last year’s 'Inklusionstage' was called 'Einfach machen'. It was attended by almost 500 participants from areas such as politics, ministries, federal states, municipalities, academia, service providers, businesses, associations of civil society and people with disabilities. The participants could attend seven workshops in order to learn more about examples of good practice. [update_date] => 2017-07-25 15:54:02 [links] => Array ( [0] => stdClass Object ( [title] => Statement of the UN CRPD monitoring body about awareness raising programmes [url] => http://www.institut-fuer-menschenrechte.de/uploads/tx_commerce/Positionen_Nr_8_Barrieren_in_den_Koepfen_abbauen_Bewusstseinsbildung_als_Verpflichtung.pdf ) [1] => stdClass Object ( [title] => Campaign 'Behindern ist heilbar' by the Federal Ministry of Labour and Social Affairs [url] => http://www.gemeinsam-einfach-machen.de/GEM/DE/AS/Leuchttuerme/Kampagnen/Behindern_ist_heilbar/behindern_ist_heilbar_node.html ) [2] => stdClass Object ( [title] => Campaign 'Gemeinsam einfach Machen‘ [url] => http://www.gemeinsam-einfach-machen.de ) [3] => stdClass Object ( [title] => Initiative for Vocational Training and Employment (Inklusioninitiative für Ausbildung und Beschäftigung) [url] => http://www.gemeinsam-einfach-machen.de/GEM/DE/AS/Leuchttuerme/Kampagnen/Inklusionsinitiative_Ausbildung_Beschaeftigung/inklusionsinitiative_ausbildung_beschaeftigung_node.html;jsessionid=E3451AED1FCC57C3DB0F2200E87165F1.1_cid294 ) [4] => stdClass Object ( [title] => Annual Conferences on Inclusion [url] => http://www.gemeinsam-einfach-machen.de/GEM/DE/AS/Leuchttuerme/Kongresse/Inklusionstage_2016/Inklusionstage_2016_node.html ) ) ) [49] => stdClass Object ( [parent] => H. Awareness and external action [theme_title] => H2. Training for teachers [theme_slug] => h2-training-for-teachers [theme_id] => 49 [contents] => Since in Germany each of the 16 federal states is in charge of teacher training and each university has its own profile in teacher training courses, it is not possible to give a comprehensive overview. Generally speaking, the issue of disability and inclusive education has become more and more integrated in basic vocational training curricula. Training in inclusive education should be part of teacher training programmes in universities, but a study funded by the Bertelsmann Foundation (2013) indicates that vocational training programmes for teachers which cover the issue of inclusive education were still at a development stage back then. Most training opportunities did not provide enough time and were rather information events than profound trainings. A recent study funded by the Bertelsman Foundation (2015) shows that some progress has been made since then. Several federal states are implementing or have already implemented mandatory parts of the programme of study that focus on inclusion. Most of the higher education institutions include this topic into teacher training. [update_date] => 2017-07-25 15:57:48 [links] => Array ( [0] => stdClass Object ( [title] => Standing Conference of the Ministers of Education and Cultural Affairs [url] => http://www.kmk.org/ ) [1] => stdClass Object ( [title] => Study supported by the Bertelsmann Foundation about trends in inclusive training (2013) [url] => http://www.bertelsmann-stiftung.de/cps/rde/xbcr/SID-5015790E-F87E5AB4/bst/xcms_bst_dms_37966_37970_2.pdf ) [2] => stdClass Object ( [title] => Study supported by the Bertelsmann Foundation about trends in inclusive training (2015) [url] => http://www.monitor-lehrerbildung.de/web/publikationen/inklusion ) ) ) [50] => stdClass Object ( [parent] => H. Awareness and external action [theme_title] => H3. Training for lawyers [theme_slug] => h3-training-for-lawyers [theme_id] => 50 [contents] => Disability awareness or equality issues are not part of the standard initial training programmes for lawyers. In 2012 the Monitory Body for the UN CRPD at the German Institute for Human Rights has started a disability awareness raising programme for lawyers that had a duration of three years. The information on the availability of new programmes is, by now, not available. [update_date] => 2017-07-25 15:59:24 [links] => Array ( [0] => stdClass Object ( [title] => Federal Chamber of Lawyers [url] => http://www.brak.de/die-brak/ ) [1] => stdClass Object ( [title] => Project 'Advocacy for Human Rights and Diversity' [Projekt Anwaltschaft für Menschenrechte und Vielfalt] [url] => http://www.institut-fuer-menschenrechte.de/themen/projekt-anwaltschaft-fuer-menschenrechte-und-vielfalt/ ) ) ) [51] => stdClass Object ( [parent] => H. Awareness and external action [theme_title] => H4. Training for doctors [theme_slug] => h4-training-for-doctors [theme_id] => 51 [contents] => Disability awareness or equality issues are not part of the basic training programmes for doctors. The German Association for Medicine for People with Intellectual and Multiple Disabilities [Bundesarbeitsgemeinschaft Ärzte für Menschen mit geistiger oder mehrfacher Behinderung] offers trainings and workshops for doctors who want to learn more about how to treat or handle people with intellectual and multiple disabilities. The association also works on implementing qualitative standards for the medical treatment of persons with intellectual and multiple disabilities. [update_date] => 2017-07-25 16:01:31 [links] => Array ( [0] => stdClass Object ( [title] => German Medical Association [url] => http://www.bundesaerztekammer.de/ ) [1] => stdClass Object ( [title] => German Association for Medicine for People with Intellectual and Multiple Disabilities [url] => http://www.aemgb.de/index.htm ) ) ) [52] => stdClass Object ( [parent] => H. Awareness and external action [theme_title] => H5. Training for engineers [theme_slug] => h5-training-for-engineers [theme_id] => 52 [contents] => Disability awareness or equality issues are not part of the standard initial training programmes for engineers. Nevertheless, accessible construction seems to be included as a topic in various basic vocational trainings. [update_date] => 2017-07-25 16:03:03 [links] => Array ( [0] => stdClass Object ( [title] => VDI – The Association of German Engineers [url] => http://www.vdi.de/ ) ) ) [53] => stdClass Object ( [parent] => H. Awareness and external action [theme_title] => H6. International development aid [theme_slug] => h6-international-development-aid [theme_id] => 53 [contents] => In 2006 the German Agency for Technical Cooperation (Deutsche Gesellschaft für Technische Zusammenarbeit (GTZ); today: Deutsche Gesellschaft für Internationale Zusammenarbeit (GIZ) – Association for International Cooperation) published a policy paper about disability issues in the German development cooperation. Additionally there is VENRO, an umbrella organisation of around 120 non-governmental organisations (NGOs) in Germany that are active in international development aid. VENRO is committed to implementing human rights, combating poverty and conserving natural resources; it also focuses on disability issues. [update_date] => 2017-07-25 16:05:35 [links] => Array ( [0] => stdClass Object ( [title] => Policy paper about disability issues in the German development cooperation, 2006 (German Agency for Technical Cooperation, GTZ) [url] => https://www.giz.de/fachexpertise/downloads/Fachexpertise/giz2010-de-behinderung-und_entwicklungszusammenarbeit.pdf ) [1] => stdClass Object ( [title] => VENRO – umbrella organisation of development non-governmental organisations (NGOs) in Germany [url] => http://www.venro.org/behinderungundez0.html ) ) ) ) ) ) )