REPUBLIC OF LITHUANIA

LAW ON THE FUNDAMENTALS OF PROTECTION OF

THE RIGHTS OF PERSONS WITH DISABILITIES

CHAPTER I

GENERAL PROVISIONS

Article 1. Purpose and scope of the Law

1. The purpose of this Law shall be to ensure the protection and implementation of the rights of persons with disabilities on an equal footing with other persons; to govern the basis for the establishment of disability, for the determination, meeting and financing of the individual assistance needs of persons with disabilities, taking into account the provisions of the Constitution of the Republic of Lithuania, the United Nations Convention on the Rights of Persons with Disabilities, and other norms and principles of international law, as well as to establish the institutions within the system for the protection of the rights of persons with disabilities, the legal basis for the activities of these institutions, their functions, rights and obligations in the field of protection of the rights of persons with disabilities.

2. This Law shall apply to the following:

1) citizens of the Republic of Lithuania;

2) citizens of any other Member States of the European Union or a country of the European Free Trade Association that is a member of the European Economic Area, and their family members, who have been issued documents certifying or granting the right of residence in the Republic of Lithuania;

3) persons who are subject to the legislation of the Republic of Lithuania in accordance with the Regulations on the coordination of social security systems of the European Union;

4) foreigners holding long-term residence permits of the Republic of Lithuania to reside in the European Union;

5) foreigners who have been granted asylum or temporary protection in the Republic of Lithuania;

6) citizens of Australia, Japan, the United States of America, Canada, New Zealand, and South Korea, who have been issued temporary residence permits in the Republic of Lithuania, and their family members as defined in the Law of the Republic of Lithuania on the Legal Status of Foreigners, who have been issued temporary residence permits in the Republic of Lithuania;

7) citizens of the United Kingdom of Great Britain and Northern Ireland, who have been issued temporary residence permits to reside in the Republic of Lithuania, and their family members, as defined in the Law of the Republic of Lithuania on the Legal Status of Foreigners, who have been issued documents conferring the right of residence in the Republic of Lithuania;

8) persons who have been granted the status of a person to be resettled.

3. Articles 18 and 19 of this Law shall also apply to foreigners residing in the Republic of Lithuania who have been issued temporary residence permits for the purpose of highly qualified employment in the Republic of Lithuania.

4. This Law shall implement the legal acts of the European Union listed in the Annex to this Law.

Article 2. Definitions

1. ‘Environmental factor’ means an external cause and/or circumstance that helps or hinders the independent life and activities of persons with disabilities.

2. ‘Carer’ means a natural person appointed to provide temporary care for adults with disabilities who require care or supervision at home and who, before reaching the age of majority, have been determined eligible for reimbursement of costs of individual assistance on the grounds of their mental and/or behavioural disorders and who, as a result of their disability, are unable to take care of themselves and/or authorise another person to act on their behalf.

3. ‘Personal assistance’ means assistance provided by a personal assistant on an individual basis to help persons with disabilities in carrying out the tasks and activities that they are unable to perform independently because of their disability, and that are necessary for them to live independently and participate fully in all aspects of life.

4. ‘Personal assistant’ means a natural person providing personal assistance to persons with disabilities to whom he/she is not related by blood (neither being the father/adoptive father or mother/adoptive mother, child/adopted child, grandparent, grandchild, sibling), by marriage (neither being the spouse of the person with disabilities nor a person with whom the person with disabilities lives and shares a household without having registered their union as a marriage), nor is he/she the guardian or curator of the person with disabilities.

5. ‘Person with disabilities’ means a person in respect of whom a level of disability or a level of participation of 55 % or less has been determined in accordance with the procedure laid down in this Law.

6. ‘Braille’ means a system of raised dots for writing and reading information, which is adapted to the Lithuanian language.

7. ‘Adapting housing for people with disabilities’ means transforming the housing and/or its environment by altering premises or parts thereof by means of the installation/use of special equipment and/or repairs tailored to the individual needs of persons with disabilities.

8. ‘Level of participation’ means a person’s ability and capacity to participate fully and effectively in the life of society, as comprehensively assessed and determined by taking into account the adult’s disability and environmental factors.

9. ‘Financial assistance instruments’ means cash social assistance, targeted compensation, pensions, benefits and allowances intended to meet the individual assistance needs of persons with disabilities and to guarantee their material well-being and equal opportunities.

10. ‘Individual assistance needs’ means the needs of persons with disabilities resulting from their disability and/or environmental factors that prevent them from being independent in their daily activities.

11. ‘Easy-to-read language’ means simple and clearly structured language, including symbols and signs, that conveys information to members of society, including people with reading and comprehension difficulties, people with intellectual disabilities, children and the elderly.

12. ‘Lithuanian Sign Language’ means the mother tongue of deaf people and people with hearing impairment, which is equivalent to other languages in Lithuania and which ensures their cultural and linguistic identity.

13. ‘Disability’ means a long-term functional impairment in a person’s body (person’s congenital and/or acquired conditions) which, as a result of environmental factors, prevents the person from participating fully and effectively in the life of society on an equal footing with others.

14. ‘Severity level of disability’ means a person’s ability to fully develop and participate effectively in the life of society, as comprehensively assessed and determined by taking into account the minor’s disability and environmental factors.

15. ‘Coordination of assistance’ means the drawing up of an assistance plan, which determines the extent of the individual assistance needs of persons with disabilities, the coordination of the individual assistance needs by bringing together responsible institutions, and the monitoring of the implementation of the assistance plan at the Agency for the Protection of the Rights of Persons with Disabilities under the Ministry of Social Security and Labour of the Republic of Lithuania.

16. ‘Accessible environment’ means physical and informational environments (public space, public and/or residential buildings, transport facilities, cyberspace) in which persons with disabilities can stay unhindered, move freely, receive services and/or goods, and receive and/or communicate information on an equal footing with others.

17. ‘Accessible means of communication’ means the transmission and/or receipt of spoken, written, audio and/or visual information through the use of Braille, audio and visual means, easy-to-read language and accessible information environment.

18. ‘Vocational rehabilitation’ means restoring or improving the professional competence and/or capacity of persons with disabilities for their participation in the labour market.

19. ‘Assistive technology’ means standard or custom-made products (including devices, equipment, and software) designed to compensate for, reduce or avoid impairments in the bodily functions, or activity limitations or participation in public life.

20. Other concepts used in this Law shall be interpreted as they are defined in the Civil Code of the Republic of Lithuania; the Law of the Republic of Lithuania on Social Services; the Law of the Republic of Lithuania on Territorial Planning; the Law of the Republic of Lithuania on Construction; the Law of the Republic of Lithuania on the Legal Status of Foreigners; the Law of the Republic of Lithuania on Resettlement of Persons to the Republic of Lithuania; the Law of the Republic of Lithuania on the Principles of Transport Activities; the Law of the Republic of Lithuania on Fundamentals of Protection of the Rights of the Child; the Law of the Republic of Lithuania on Equal Treatment; the Law of the Republic of Lithuania on Education; the Law of the Republic of Lithuania on the Provision of Information to the Public; the Law of the Republic of Lithuania on Employment; and the Law of the Republic of Lithuania on Health Care Institutions.

Article 3. Basic principles governing the protection of the rights of persons with disabilities

State and municipal institutions and agencies, non-governmental organisations, and other legal and natural persons shall be guided by the following principles when ensuring and/or implementing the rights of persons with disabilities:

1) the principle of recognition of respect for the inherent dignity, autonomy, including freedom of choice, and independence of persons with disabilities which respects the differences of persons with disabilities and recognises their dignity, worth, equal and inalienable rights as a part of the diversity of human beings and as a part of humankind, as well as a foundation of freedom and justice;

2) the principle of equal treatment which ensures that people with disabilities, irrespective of their gender, race, nationality, citizenship, language, origin, social status, belief, convictions or views, age, sexual orientation, disability, ethnicity, religion or any other characteristic (hereinafter referred to collectively as ‘characteristics’), enjoy the same rights and conditions and/or have the same access to the same opportunities for education, work, leisure, participation in social, political and community life as other members of society. Only in cases where the same conditions and/or opportunities afforded to persons with disabilities as to other members of society are ineffective, shall persons with disabilities be provided with more favourable conditions and/or opportunities than other individuals for full and effective participation in the life of society;

3) the principle of non-discrimination which prohibits any form of discrimination and/or exploitation of persons with disabilities;

4) the principle of full involvement and cooperation which requires that all aspects of the life of persons with disabilities are addressed together with them and/or their legal representatives and/or in cooperation with non-governmental organisations representing the rights and interests of persons with disabilities;

5) the principle of personalisation and accessibility which requires that individual assistance needs are met by planning and/or implementing the measures intended for persons with disabilities, taking into account the needs and personal characteristics of persons with disabilities, including their capabilities, age, maturity, gender, mental and physical qualities, disability, social environment and other characteristics, and emotional and social relationships, as close as possible to the place of residence of the persons with disabilities;

6) the principle of destigmatisation which requires raising public awareness with a view to eliminating negative attitudes and/or stereotypes associated with disability;

7) the principle of complexity which requires that actions geared towards meeting individual assistance needs are organised in such a way that persons with disabilities receive all the necessary assistance and their basic needs for individual assistance are met;

8) the principle of compensation for disability which entails that individual assistance needs of persons with disabilities arising from their disability are compensated for by the financial assistance instruments and other forms of assistance and/or support provided for in legislation, taking into account the extent of the persons’ need for individual assistance that promotes participation;

9) the principle of respect for the evolving capacities of children with disabilities and their right to preserve their identity, which requires to respect the differences of children with disabilities and to recognise their equal and inalienable rights as the basis for freedom and justice;

10) the principle of inclusion of the family or relatives of persons with disabilities which entails that the persons with disabilities are perceived as an integral part of the family or of a group of other persons who are important to them. The right to psychological, crisis management and psychosocial support is respected and guaranteed not only for persons with disabilities but also for their parents, spouses, children or other closely related persons;

11) the principle of appropriate adaptation of accessibility which requires necessary and reasonable changes and adjustments that impose no disproportionate or unreasonable burden and that are necessary in a particular case to ensure that persons with disabilities are able to exercise all human rights and fundamental freedoms on an equal footing with other persons.

CHAPTER II

BASIC RIGHTS OF PERSONS WITH DISABILITIES AND THEIR IMPLEMENTATION

Article 4. Right of persons with disabilities to freedom of expression and to information, and the implementation thereof

1. Persons with disabilities shall have the right to freedom of expression, including freedom to express their opinion, and the right to seek, receive and/or impart information and/or ideas in accessible means of communication of their choice, including in Lithuanian Sign Language.

2. In ensuring the rights of persons with disabilities referred to in paragraph 1 of this Article, state and municipal institutions and agencies shall, within their remit, undertake the following:

1) recognise the means of communication accessible to and chosen by persons with disabilities and communication in Lithuanian Sign Language, and facilitate their use by persons with disabilities in public relations;

2) provide public information to persons with disabilities free of charge by means of at least one accessible mean of communication of their choice or in Lithuanian Sign Language on an equal footing with other persons;

3) encourage managers of the information society media to create conditions for persons with disabilities to obtain information through the information society media (including websites) by accessible means of communication of their choice;

4) encourage public and private legal persons providing the public with services, including those online, to ensure that they provide information about their services to persons with disabilities by accessible means of communication of their choice or in Lithuanian Sign Language.

3. The Minister of Social Security and Labour shall approve the recommendations for the provision of information to persons with disabilities by means of an accessible form of communication of their choice.

Article 5. Right of persons with disabilities to an accessible environment and the implementation thereof

1. Persons with disabilities shall have the right to an accessible environment throughout the territory of the Republic of Lithuania.

2. When ensuring the right referred to in paragraph 1 of this Article, state and municipal institutions and agencies shall, within their remit, undertake the following:

1) co-coordinate the development of an accessible environment throughout the territory of the Republic of Lithuania;

2) develop and approve standards and/or guidelines for an accessible environment, and supervise and control compliance therewith;

3) educate the public and provide training on matters related to ensuring an accessible environment.

3. The provisions of paragraph 2 of this Article shall be implemented through territorial planning and building design as well as adapting the physical and information environments to the needs of person with disabilities.

4. The following entities shall be responsible for the implementation of the right of persons with disabilities to an accessible environment:

1) the Ministry of Environment of the Republic of Lithuania shall be in charge of drafting, approving and supervising the implementation of technical construction regulations for the adaptation of physical environments to the needs of persons with disabilities;

2) the Ministry of Environment; the Ministry of Transport and Communications of the Republic of Lithuania; the Lithuanian Transport Safety Administration, and other state and municipal institutions and agencies, shall, within their remit, be in charge of drafting, approving and supervising the implementation of technical construction regulations for the adaptation of transport objects for the needs of persons with disabilities;

3) users of construction works shall be responsible for the adaptation of construction works to the needs of persons with disabilities;

4) the Ministry of Social Security and Labour of the Republic of Lithuania in cooperation with the Ministry of the Economy and Innovation of the Republic of Lithuania, the Ministry of the Interior of the Republic of Lithuania and the Ministry of Transport and Communications shall, within their remit, be in charge of drafting, approving and supervising the implementation of the legal acts governing access to the information environment.

Article 6. Right of deaf persons and persons with hearing impairment to communicate and receive information in Lithuanian sign language

1. Deaf persons and persons with hearing impairment shall have the inherent right to a language and the right to communicate, provide and receive information and/or services in Lithuanian sign language.

2. Lithuanian sign language interpretation services shall be provided free of charge to deaf persons and persons with hearing impairment, taking into consideration their individual assistance needs.

3. The Lithuanian Sign Language Interpretation Centre shall ensure the provision of Lithuanian sign language interpretation services in accordance with the procedure established by the Director of the Agency for the Protection of the Rights of Persons with Disabilities under the Ministry of Social Security and Labour of the Republic of Lithuania (hereinafter: the ‘Agency’).

4. When ensuring the rights referred to in paragraph 1 of this Article, state and municipal institutions and agencies shall, within their remit, undertake the following:

1) create conditions and opportunities for learning Lithuanian Sign Language;

2) ensure that deaf persons and persons with hearing impairment have access to information and/or services in Lithuanian Sign Language.

Article 7. Right of persons with disabilities to health care

1. Persons with disabilities shall have the right to personal health care, public health care, additional and alternative health care and other health promotion (hereinafter: ‘health care’) on an equal footing with other persons.

2. Persons with disabilities eligible for reimbursement of costs of individual assistance shall have the right to be accompanied at the time of the provision of health care services by, or, in the case of inpatient health care services, to stay with, or to be visited by, their close relative or another person of their choice, provided that this does not interfere with the patient’s treatment, in accordance with the procedure laid down by the head of the respective health care institution. This right of persons with disabilities shall also apply in the event of a state of emergency or a lockdown.

3. When ensuring the right referred to in paragraph 1 of this Article, state and municipal institutions and agencies shall, within their remit, undertake the following:

1) allow people with disabilities to receive health care services as close as possible to their place of residence;

2) apply preventive measures to help persons with disabilities avoid aggravation in the impairments in their bodily functions affecting the severity level of disability or level of participation.

4. Health care services for persons with disabilities shall be organised in compliance with the Law of the Republic of Lithuania on the Health System.

Article 8. Right of persons with disabilities to education

1. Persons with disabilities shall have the right to education, including life-long learning, on an equal footing with other persons.

2. Persons with disabilities shall be guaranteed public-funded education at state and municipal pre-school education institutions, schools offering formal and non-formal education programmes, as well as the possibility to study, at state expense, under vocational training programmes in accordance with the procedure laid down by the Law of the Republic of Lithuania on Vocational Education.

3. Persons with disabilities shall be guaranteed access to health care services at education and training institutions, where such services are necessary due to the persons’ disability. These services shall be provided at education and training institutions in accordance with the procedure laid down by the Minister of Health, in agreement with the Minister of Education, Science and Sport. The institution exercising the rights and obligations of the owner of the educational or training institution (the meeting of participants) shall be responsible for the provision of the premises required for the provision of health care services in the educational and training institutions.

4. The Ministry of Education, Science and Sport of the Republic of Lithuania, education providers and institutions exercising the rights and obligations of the owner (the meeting of the participants), owners of non-state schools and educational institutions shall be responsible for organising education and ensuring access to education for persons with disabilities.

Article 9. Right of persons with disabilities to leisure, sport and cultural activities

1. Persons with disabilities shall have the right to leisure, sport and cultural activities appropriate to their age and individual assistance needs.

2. In ensuring the right referred to in paragraph 1 of this Article, state and municipal institutions and agencies shall, within their remit, create the conditions and ensure equal opportunities for the participation of persons with disabilities in leisure, sport and cultural activities.

3. The following institutions shall, within their remit, be responsible for ensuring the right of persons with disabilities to leisure, sport and cultural activities:

1) the Ministry of the Economy and Innovation which shall shape the policy of accessible tourism for all;

2) the Ministry of Culture of the Republic of Lithuania which shall shape the policy on improving information accessibility for persons with disabilities and increasing their participation in cultural activities;

3) the Ministry of Education, Science and Sport which shall shape the policy of accessibility of sport activities and events for persons with disabilities.

4. Municipal institutions and agencies shall, within their remit, arrange for the implementation of the right referred to in paragraph 1 of this Article in municipalities.

Article 10. Right of persons with disabilities to employment and vocational rehabilitation

1. Persons with disabilities shall have the right to employment and vocational rehabilitation on an equal footing with other persons.

2. When ensuring the right referred to in paragraph 1 of this Article, state and municipal institutions and agencies shall, within their remit, undertake the following:

1) provide persons with disabilities with the same favourable employment and working conditions as other members of society;

2) in accordance with the procedure laid down in the Law on Employment, support employers recruiting persons with disabilities;

3) provide persons with disabilities with labour market services and employment support measures as specified in the Law on Employment and arrange for vocational rehabilitation of persons with disabilities;

4) ensure that from 1 January 2024 onwards the number of persons with disabilities employed by state and municipal institutions, enterprises, and public limited liability companies, in which the state or a municipality is a shareholder, and in public institutions, in which the state or a municipality is a founder or shareholder, and in which the share of the capital belonging to the state or a municipality by the right of ownership confers a 1/2 or more votes, represents at least 5 per cent of the total number of employees, provided that there are 25 or more employees in such organisations. The State Social Insurance Fund Board under the Ministry of Social Security and Labour of the Republic of Lithuania shall monitor compliance with this provision in accordance with the procedure laid down by the Minister of Social Security and Labour. In the absence of a suitably qualified employee, the organisation, together with the Employment Service under the Ministry of Social Security and Labour of the Republic of Lithuania, shall organise the retraining or training of the employee in accordance with the Law on Employment.

Note from the Register of Legal Acts. Article 10(2)(4) shall remain in force until 1 January 2028.

3. The Ministry of Social Security and Labour shall be responsible for shaping the employment policy of persons with disabilities.

Article 11. Right of persons with disabilities to an independent life

1. Persons with disabilities shall have the right to an independent life, the right to receive support to acquire or rent housing and state-guaranteed assistance to live independently regardless of their disability.

2. Ministries and other state and municipal institutions and agencies shall be responsible, within their remit, for the implementation of the right of persons with disabilities to an independent life.

CHAPTER III

MANAGING THE POLICY ON THE PROTECTION OF

THE RIGHTS OF PERSONS WITH DISABILITIES.

FUNCTIONS OF RESPONSIBLE INSTITUTIONS

Article 12. Managing the policy on the protection of the rights of persons with disabilities

1. Managing the policy on the protection of the rights of persons with disabilities refers to the setting of strategic objectives and/or progress targets of the policy on the protection of the rights of persons with disabilities; to the planning, administration, and organisation of measures and projects; as well as to the delegation and monitoring of powers and responsibilities.

2. The following shall be the main institutions responsible for managing the policy on the protection of the rights of persons with disabilities:

1) the Government of the Republic of Lithuania;

2) the Ministry of Social Security and Labour, other ministries within the areas of governance assigned to ministers;

3) the Council for the Welfare of Persons with Disabilities (hereinafter: the ‘Council’);

4) the Agency;

5) municipal institutions and agencies;

6) non-governmental organisations.

3. The institutions, agencies and non-governmental organisations referred to in paragraph 2 of this Article shall communicate and cooperate in shaping and/or implementing the policy on the protection of the rights of persons with disabilities.

4. State and municipal institutions and agencies shall promote and support the activities of non-governmental organisations in the field of the protection of the rights of persons with disabilities by funding various programmes, measures, projects and other initiatives implemented by non-governmental organisations.

Article 13. Remit of the Government and the Ministry of Social Security and Labour in the field of managing the policy on the protection of the rights of persons with disabilities

1. The Government shall undertake the following:

1) submit to the Seimas of the Republic of Lithuania draft laws governing the formulation and implementation of the policy on the protection of the rights of persons with disabilities;

2) approve the National Progress Plan setting strategic goals and/or objectives of the policy on the protection of the rights of persons with disabilities, and development programmes for their implementation, which set out the measures for progress;

3) coordinate the activities of ministries, other state institutions and agencies to ensure the implementation of the policy on the protection of the rights of persons with disabilities.

2. The Ministry of Social Security and Labour shall undertake the following:

1) formulate the policy on the protection of the rights of persons with disabilities, as well as organise, coordinate and control its implementation;

2) analyse information provided by state and municipal institutions and agencies and non-governmental organisations in the field of the protection of the rights of persons with disabilities, and assess the state of protection of the rights of persons with disabilities in the Republic of Lithuania;

3) submit proposals to the Government on improving the management of the policy on the protection of the rights of persons with disabilities and on ensuring the protection of the rights of persons with disabilities and funding thereof;

4) participate in the drafting of the National Progress Plan setting strategic goals and/or objectives of the policy on the protection of the rights of persons with disabilities; draw up and submit to the Government for approval the national development programmes implementing the progress objectives of this policy, and provide for measures to achieve these objectives, as well as organise, coordinate and control their implementation.

Article 14. Remit of the Council in the field of managing the policy on the protection of the rights of persons with disabilities

1. The Council shall be a collegial body functioning under the Government and composed of representatives appointed by ministries, other state and municipal institutions, as well as representatives delegated by the academic community and non-governmental organisations representing persons with disabilities. The Council shall aim at improving the coordination of the activities of state and municipal institutions and agencies, their communication and cooperation with non-governmental organisations, and the implementation of legislation in the field of the protection of the rights of persons with disabilities. The Government shall lay down the procedure for the establishment of the Council and approve its Regulations.

2. The Council shall undertake the following:

1) analyse the state of protection of the rights of persons with disabilities and their well-being in the Republic of Lithuania and submit proposals to the Seimas, the Government, ministers within their respective spheres of governance, and municipal institutions and agencies on the policy they formulate and/or the improvement of its implementation;

2) analyse legal acts related to the protection of the rights of persons with disabilities and assess compliance of the legal acts or actions/omissions by public administration or economic entities with the basic principles of the implementation of the protection of the rights of persons with disabilities as stipulated in this Law;

3) examine reports on activities of municipal councils for the welfare of persons with disabilities and the statistics collected by municipalities;

4) perform other functions laid down in the Regulations of the Council.

Article 15. Remit and rights of the Agency in the field of managing the policy on the protection of the rights of persons with disabilities

1. When participating in the formulation and implementation of the policy on the protection of the rights of persons with disabilities, the Agency and/or its structural units shall undertake the following:

1) organise the protection of the rights of persons with disabilities;

2) coordinate the implementation of the policy on the protection of the rights of persons with disabilities and its implementing measures and/or projects;

3) organise the monitoring of the policy on the protection of the rights of persons with disabilities and measures for its implementation in the Republic of Lithuania and participate in the drafting of reports on the monitoring of the implementation of the United Nations Convention on the Rights of Persons with Disabilities;

4) submit proposals to the ministers within their respective spheres of governance on improving legal regulation on the protection of the rights of persons with disabilities;

5) provide methodological assistance to state and municipal institutions and agencies as well as non-governmental organisations on the protection of the rights of persons with disabilities;

6) in accordance with the procedure and within the time limits laid down in the Law of the Republic of Lithuania on Public Administration, take decisions in respect of persons with disabilities regarding the following matters:

a) the severity level of disability, the time the level of disability was determined and the duration thereof;

b) the level of participation, its cause, the time the level of participation was determined, and the duration thereof; percentage of lost participation (the difference between 100 per cent of the level of participation and the percentage of the level of participation established for the person);

c) eligibility for vocational rehabilitation;

d) the nature and conditions of work;

e) eligibility for reimbursement of costs of individual assistance and the award period thereof;

f) eligibility for reimbursement of costs of the passenger car or its technical adaptation and the award period thereof;

g) eligibility for assistive technology;

h) eligibility for a parking card for persons with disabilities and the award period thereof;

i) the need for coordination of assistance;

j) appointment of a carer;

k) the need for a workplace assistant and the award period thereof;

7) draw up and approve a description of the procedure for issuing and replacing a disability certificate for persons with disabilities and its form, as well as arrange for the production and issuance of the said certificate;

8) draw up and approve the form of a parking card for persons with disabilities, arrange for the production and issuance of the said card;

9) organise the drawing up of an assistance plan establishing individual assistance needs of persons with disabilities (hereinafter: an ‘assistance plan’) by involving the persons with disabilities and providers responsible for meeting individual assistance needs, as well as arrange for the monitoring of the implementation of the assistance plan;

10) organise the provision of assistive technology;

11) organise and carry out public education on matters related to the protection of the rights of persons with disabilities;

12) perform other functions provided for in this Law and other legal acts governing the activities of the Agency.

2. For the purpose of implementation of the policy on the protection of the rights of persons with disabilities, the Agency shall have the right to obtain, free of charge, the information, data, and personal data of special categories related to the adoption of decisions referred to in point 6 of paragraph 1 of this Article from state and municipal institutions and enterprises, other enterprises and organisations, state and public registers as well as state and municipal information systems.

3. Decisions taken by the Agency shall be binding and may be appealed in a mandatory pre-trial procedure in accordance with the procedure laid down in the Law of the Republic of Lithuania on the Procedure for the Pre-trial Settlement of Administrative Disputes and/or the Law on Administrative Proceedings of the Republic of Lithuania.

Article 16. Remit of municipal institutions and agencies in the field of managing the policy on the protection of the rights of persons with disabilities

1. Municipal institutions and agencies shall undertake the following:

1) organise the implementation of measures and/or services ensuring the protection of the rights of persons with disabilities in the territory of their municipality through non-governmental organisations;

2) facilitate access to the services and/or assistance required by persons with disabilities and/or their legal representatives as close as possible to their place of residence, giving priority to the provision of services and/or assistance to persons with disabilities within the community;

3) analyse the state of the protection of the rights of persons with disabilities in the municipality, provide for measures to protect the rights of persons with disabilities in municipal planning documents and ensure their implementation;

4) assess the level of independence of persons with disabilities in daily life activities as well as their need for social services, complex assistance and individual assistance;

5) organise the provision of social services, housing adaptations and individual assistance for persons with disabilities through non-governmental organisations, as well as transfer the ownership of the assistive technology and/or provide the assistive technology to natural persons on a loan-for-use basis free of charge for temporary possession and use;

6) cooperate with non-governmental organisations representing the rights and interests of persons with disabilities and, within their remit, contribute to the implementation of these activities;

7) participate, within their remit, in the drawing up and implementation of an assistance plan by:

a) discussing, at a meeting with persons with disabilities, their individual assistance needs;

b) organising and ensuring that the individual assistance needs provided for in the assistance plan are met as well as informing the Agency thereof;

c) notifying the Agency in writing if persons with disabilities refuse to make use of the measures provided for in the assistance plan;

d) initiating, in cooperation with the Agency, a review and/or an amendment of the assistance plan if new circumstances arise during the implementation of the assistance plan and/or during the monitoring of its implementation, or if the circumstances on the basis of which the persons with disabilities were subject to the coordination of assistance are no longer present;

8) perform other functions provided for in the Law of the Republic of Lithuania on Local Self-Government, which are related to creating conditions for persons with disabilities living in the territory of the municipality to be independent in the community;

9) establish councils for the welfare of persons with disabilities in municipalities.

2. A municipal administration shall perform the function of coordinating the affairs of persons with disabilities, which is aimed to coordinate the implementation of the policy on social integration of persons with disabilities and the implementation of the rights of persons with disabilities established in international documents ratified or otherwise acceded to by the Republic of Lithuania and in the legal acts of the European Union and the Republic of Lithuania on the territory of the municipality, and to strengthen the cooperation of state and municipal institutions and agencies working in the field of the policy of social integration of persons with disabilities. The performance of the function of coordinating the affairs of persons with disabilities shall be financed from funds of the municipal budget and from grants from the state budget to municipal budgets. The Minister of Social Security and Labour shall establish the procedure for granting state budget grants to finance the performance of the function of coordinating the affairs of persons with disabilities.

Article 17. Remit of non-governmental organisations in the field of managing the policy on the protection of the rights of persons with disabilities

Non-governmental organisations shall undertake the following:

1) submit proposals to the Government, state and municipal institutions and agencies on formulating the policy on the protection of the rights of persons with disabilities and on improving its implementation;

2) in representing the rights and interests of persons with disabilities, implement measures and/or projects to ensure the protection of the rights of persons with disabilities through the use of the state budget, municipal budgets, EU structural funds and other funds;

3) participate in the monitoring of the policy on the protection of the rights of persons with disabilities and measures for its implementation in the Republic of Lithuania, and in the drawing up of reports on the monitoring of the implementation of the United Nations Convention on the Rights of Persons with Disabilities;

4) organise and carry out public education on matters related to the protection of the rights of persons with disabilities;

5) nominate candidates for members of the Council.

CHAPTER IV

DETERMINING THE SEVERITY LEVEL OF DISABILITY,

THE LEVEL OF PARTICIPATION, ELIGIBILITY FOR REIMBURSEMENTS OF

COSTS OF INDIVIDUAL ASSISTANCE, ELIGIBILITY FOR REIMBURSEMENT OF COSTS OF THE PASSENGER CAR OR ITS TECHNICAL ADAPTATION.

PARKING CARD FOR PERSONS WITH DISABILITIES AND

THE AWARD PERIOD THEREOF. VOCATIONAL REHABILITATION

Article 18. Determining the severity level of disability and the duration thereof

1. The severity level of disability shall be determined for persons under the age of majority, with the exception of the persons who are/were covered by state social insurance.

2. The following severity levels of disability may be determined:

1) severe disability referring to a person’s condition resulting from an illness, trauma, injury, congenital or acquired childhood health disorders, or from the adverse effects of environmental factors, which completely prevents the person from developing age-appropriate independence, and which significantly reduces the opportunities for education;

2) moderate disability referring to a person’s condition resulting from an illness, trauma, injury, congenital or acquired childhood health disorders, or from the adverse effects of environmental factors, which partially prevents the person from developing age-appropriate independence and reduces the opportunities for education;

3) mild disability referring to a person’s condition resulting from an illness, trauma, injury, congenital or acquired childhood health disorders, or from the adverse effects of environmental factors, which slightly reduces the person’s independence and opportunities for education.

3. The severity level of disability shall be determined following a comprehensive assessment of the impact of environmental factors on the person’s independence, opportunities for education and impairments in the person’s bodily functions, after all possible medical measures have been exhausted, and taking into account the extent of the person’s need for individual assistance.

4. The severity level of disability may be awarded for the following duration:

1) 6 months, where it is expected that there will be changes in the impact of environmental factors and/or impairments in the person’s bodily functions that may affect the person’s severity level of disability in the next 6 months;

2) 12 months, where it is expected that there will be changes in the impact of environmental factors and/or impairments in the person’s bodily functions that may affect the person’s severity level of disability in the next 12 months;

3) 24 months, where it is expected that there will be changes in the impact of environmental factors and/or impairments in the person’s bodily functions that may affect the person’s severity level of disability in the next 24 months;

4) until the person reaches the age of majority, where it is expected that there will be no changes in the impact of the environmental factors and/or in the impairments in the person’s bodily functions that may affect the change in the person’s severity level of disability and/or where the impairments in the person’s bodily functions are of a permanent and unchangeable nature.

5. The Minister of Social Security and Labour, in cooperation with the Minister of Health and the Minister of Education, Science and Sport, shall establish the criteria and procedure for determining the severity level of disability. Non-governmental organisations shall be involved in laying down the criteria for establishing the severity level of disability and drawing up the description of the procedure for establishing the severity level of disability.

Article 19. Determining the level of participation and the duration thereof

1. The level of participation shall be determined for the following:

1) persons under the age of majority if they are/were covered by state social insurance;

2) persons of full age.

2. The level of participation due to an accident at work/service, an accident on the way to/from work/service or an occupational disease shall be determined regardless of the age of the individual.

3. The level of participation shall be determined following a comprehensive assessment of the impact of environmental factors on the person’s independence, opportunities for effective participation in society and impairments in the person’s bodily functions, after all possible medical measures have been exhausted, and taking into account the extent of the person’s need for individual assistance.

4. Participation shall be measured as a percentage and the level of participation shall be determined in intervals of 5 percentage points.

5. A person who, at the time of reaching adulthood, has been diagnosed with severe disability based on the codes F72 and F73 of the International Statistical Classification of Diseases and Related Health Problems, Tenth Revision, ‘Tabular List of Diseases’ (Australian Modification, ICD-10-AM), shall be assigned the severity level of disability equivalent to the level of participation in accordance with the criteria used for determining the level of participation.

6. The level of participation may be determined for the following duration:

1) 6 months, where it is expected that there will be changes in the impact of environmental factors and/or impairments in the person’s bodily functions that may affect the person’s level of participation in the next 6 months;

2) 12 months, where it is expected that there will be changes in the impact of environmental factors and/or impairments in the person’s bodily functions that may affect the person’s level of participation in the next 12 months;

3) 24 months, where it is expected that there will be changes in the impact of environmental factors and/or impairments in the person’s bodily functions that may affect the person’s level of participation in the next 24 months;

4) indefinitely, where no changes are expected in the impact of the environmental factors and/or in the impairments in the person’s bodily functions that may affect the person’s level of participation and/or where the impairments in the person’s bodily functions are of a permanent and unchangeable nature.

7. The Minister of Social Security and Labour, in cooperation with the Minister of Health, shall establish the criteria and procedure for determining the level of participation. Non-governmental organisations shall be involved in laying down the criteria for determining the level of participation and the description of the procedure for determining the level of participation.

Article 20. Determining eligibility for reimbursement of costs of individual assistance and the award period thereof

1. Persons requiring assistance and/or care from another person due to their limited independence may be deemed eligible for reimbursement of costs of individual assistance.

2. The levels of eligibility for reimbursement of costs of individual assistance may be as follows:

1) Level 1 shall be awarded to individuals who develop a disability as a result of a long-term and/or irreversible impairment in their bodily functions, which results in complete lack of independence, orientation and/or mobility, and who require constant assistance and/or care from another person;

2) Level 2 shall be awarded to individuals who develop a disability as a result of a long-term and/or irreversible impairment in their bodily functions, which results in serious difficulties with independence, orientation and/or mobility, and who require assistance and/or care from another person for 6 to 10 hours a day;

3) Level 3 shall be awarded to individuals who develop a disability as a result of a long-term and/or irreversible impairment in their bodily functions, which results in moderate difficulties with independence and participation in social life, and who require assistance from another person for 4 to 6 hours a day;

4) Level 4 shall be awarded to individuals who develop a disability as a result of a long-term and/or irreversible impairment in their bodily functions, which results in minor difficulties with independence and participation in social life, and who require assistance from another person for a maximum of 4 hours a day.

3. Persons with disabilities shall be eligible for reimbursement of costs of individual assistance for the following duration:

1) 6 months, where it is expected that there will be changes in impairments in the person’s bodily functions and/or independence in daily life activities in the next 6 months;

2) 12 months, where it is expected that there will be changes in impairments in the person’s bodily functions and/or independence in daily life activities in the next 12 months;

3) 24 months, where it is expected that there will be changes in impairments in the person’s bodily functions and/or independence in daily life activities in the next 24 months;

4) until the date of reaching the age of majority, where eligibility for reimbursement of costs of individual assistance is determined for persons until their majority age and where no changes are expected in impairments in the person’s bodily functions and/or independence in daily life activities until the persons reach the age of majority;

5) indefinitely, where no changes are expected in the impairments in the person’s bodily functions and/or independence in daily life activities and/or where the impairments in the person’s bodily functions are of a permanent and unchangeable nature.

4. A person determined as eligible for reimbursement of costs of individual assistance shall have the right to receive reimbursement of costs of individual assistance in the amount specified in the Law of the Republic of Lithuania on Target Compensation.

5. The Minister of Social Security and Labour, in cooperation with the Minister of Health, shall establish the criteria and procedure for establishing eligibility for reimbursement of costs of individual assistance. Non-governmental organisations shall be involved in laying down the criteria for determining eligibility for reimbursement of costs of individual assistance and drawing up the description of the procedure for determining eligibility for reimbursement of costs of individual assistance.

Article 21. Eligibility for reimbursement of costs of a passenger car or its technical adaptation and the award period thereof

1. Persons with a long-term and/or irreversible mobility impairment may be determined as eligible for reimbursement of costs of a passenger car or its technical adaptation.

2. Eligibility for reimbursement of costs of a passenger car or its technical adaptation shall be awarded for the following periods:

1) 72 months, where it is expected that there will be changes in mobility impairment in the next 72 months;

2) indefinitely, where no changes are expected in mobility impairment and/or where the mobility impairment is of a permanent and unchangeable nature.

3. The Minister of Social Security and Labour, in cooperation with the Minister of Health, shall establish the criteria and procedure for determining eligibility for reimbursement of costs of a passenger car or its technical adaptation.

4. Persons determined as eligible for reimbursement of costs of a passenger car or its technical adaptation shall have the right to receive reimbursement of costs of a passenger car and/or its technical adaptation in the amount specified in the Law on Targeted Compensation.

Article 22. Parking card for persons with disabilities and the award period thereof

1. The following persons shall be entitled to a parking card for persons with disabilities:

1) persons determined as eligible for reimbursement of costs of a passenger car or its technical adaptation;

2) persons determined to have a severe or moderate disability;

3) persons with the level of participation below 25 %;

4) persons with the level of participation ranging from 30 % to 55 % who have a valid document certifying their right to drive a car and who, due to disability resulting from an illness, make regular use of assistive mobility technology, such as a wheelchair for persons with disabilities or walking aids, such as walking sticks, crutches, walkers or other assistive walking devices.

2. The award period of a parking card for persons with disabilities shall run until the following date:

1) the end of the period of eligibility for reimbursement of costs of a passenger car or its technical adaptation;

2) the end of the duration of a severe or moderate disability;

3) the end of the duration of the level of participation.

3. The Minister of Social Security and Labour or the head of an institution authorised by him/her shall lay down the procedure for issuing a parking card for persons with disabilities.

Article 23. Vocational rehabilitation

1. The Minister of Social Security and Labour shall establish the criteria for determining eligibility for vocational rehabilitation and the procedure for providing and financing vocational rehabilitation services.

2. The provision of vocational rehabilitation shall be financed from the state budget and the European Union structural funds.

3. Where persons participating in the vocational rehabilitation programme are covered by all types of state social insurance, they shall be entitled to a vocational rehabilitation benefit from the budget of the State Social Insurance Fund in compliance with the Law of the Republic of Lithuania on Sickness and Maternity Social Insurance.

4. Where persons participating in the vocational rehabilitation programme are not covered by state social insurance or are covered only by state social pension insurance, they shall, in accordance with the procedure laid down by the Government, be entitled to a vocational rehabilitation benefit in the amount of 2 state social insurance basic pensions from the state budget. The Employment Service under the Ministry of Social Security and Labour of the Republic of Lithuania (hereinafter: the ‘Employment Service’) shall take a decision on the granting and payment of a vocational rehabilitation benefit.

5. The vocational rehabilitation benefit referred to in paragraph 4 of this Article shall be granted to persons from the first day of their participation in the vocational rehabilitation programme and shall be paid on a monthly basis for a maximum of 180 calendar days. This period shall exclude the time when the vocational rehabilitation programme in which the person participated is suspended due to a government-declared state of emergency and/or a lockdown. The benefit shall be granted and paid regardless of any other income the person may receive, including during the time when the vocational rehabilitation programme in which the person participated is suspended due to a government-declared state of emergency or a lockdown.

CHAPTER V

TYPES OF INDIVIDUAL ASSISTANCE NEEDS OF PERSONS WITH DISABILITIES; DETERMINING INDIVIDUAL ASSISTANCE NEEDS,

MEETING AND FINANCING THEREOF

Article 24. Types of individual assistance needs of persons with disabilities and financing to meet the needs

1. Individual assistance needs of persons with disabilities shall be met regardless of persons’ age, severity level of disability or level of participation.

2. Persons with disabilities may have the following individual assistance needs:

1) housing adaptations;

2) assistive technology;

3) personal assistance;

4) social services;

5) financial assistance instruments;

6) an assistance dog;

7) a carer;

8) educational assistance;

9) health care;

10) other individual assistance needs of persons with disabilities, where such needs are governed by other laws.

3. Funds from the state budget, municipal budgets, the European Union structural funds, the Compulsory Health Insurance Fund, assistance funds, and personal funds shall be used to meet individual assistance needs of persons with disabilities.

Article 25. Determining the need for housing adaptations for persons with disabilities, award period and financing thereof

1. The need for housing adaptations for persons with disabilities shall be determined for persons with disabilities who have long-term and permanent mobility impairment and/or who have been determined eligible for reimbursement of costs of individual assistance due to a mental and/or behavioural or visual impairment.

2. The decision on housing adaptations for persons with disabilities shall be taken by the Housing Adaptation Commission established by the director of a municipal administration in accordance with the procedure laid down by the Minister of Social Security and Labour.

3. The decision to adapt the common-use facilities of a multi-apartment dwelling to the needs of persons with disabilities shall be taken by the owners of the apartments and other premises in accordance with the procedure laid down in Article 4.85 of the Civil Code. Where the decision to adapt the common-use objects of a multi-apartment dwelling to the needs of persons with disabilities is not taken at the meeting of the owners of apartments and other premises, the decision on whether or not to adapt the common-use objects of a multi-apartment dwelling to the needs of persons with disabilities, where such adaptations are financed from funds other than those of the owners of common-use objects, shall be taken by the mayor of the municipality or the director of the municipal administration authorised by him/her, upon receipt of a request from the owner of the apartment and other premises for the adaptation of the housing and the environment, in accordance with the procedure for housing adaptations laid down by the Minister for Social Security and Labour. Upon taking the decision to adapt the common-use objects of a multi-apartment dwelling to the needs of persons with disabilities, where such adaptations are financed from the funds other than those of the owners of the common-use objects, the mayor of the municipality or the director of the municipal administration authorised by the mayor of the municipality shall ensure that adaptations of the common-use objects of the multi-apartment dwelling to the needs of persons with disabilities are carried out without compromising the value of the immovable assets of the other owners of the apartments and other premises of the multi-apartment dwelling. The mayor of the municipality or the director of the municipal administration authorised by him/her shall be responsible for adapting the common-use objects of a multi-apartment dwelling to the needs of persons with disabilities, where such adaptations are financed from funds other than those of the owners of the common-use objects.

4. Where persons with disabilities live in a multi-apartment dwelling with an elevator, the elevator must be made accessible on all floors of the multi-apartment dwelling without requiring the consent of other owners of the apartments and other premises in the building. A person shall exercise this right by contacting the manager of the common-use objects of the multi-apartment dwelling, who arranges for work to be carried out to make the elevator available on all floors of the multi-apartment dwelling.

5. The Minister of Social Security and Labour shall establish the procedure for determining eligibility for, the procedure for and financing of housing adaptations for persons with disabilities.

6. The municipal institutions and/or persons with disabilities or their legal representatives shall be responsible for arranging for housing adaptations for persons with disabilities and ensuring the quality thereof.

Article 26. Types of assistive technology; determining eligibility for assistive technology; ways, procedures and funding for the provision of assistive technology

1. The categories of assistive technology shall include the following:

1) mobility;

2) vision;

3) hearing;

4) communication and sensory.

2. The following persons may be eligible for assistive technology:

1) persons with disabilities;

2) persons recovering from an acute injury and/or illness and/or with motor development disorders whose severity level of disability or level of participation have not yet been determined;

3) persons of retirement age.

3. The Agency shall determine eligibility for assistive technology for persons referred to in point 1 of paragraph 2 of this Article; a doctor of the health care institution who is treating the person shall determine eligibility for assistive technology for persons referred to in points 2 and 3 of paragraph 2 of this Article.

4. The Agency or the institution authorised by it shall arrange for the provision of assistive technology to the persons referred to in paragraph 2 of this Article in the following ways:

1) by transferring the ownership of assistive technology required by the persons and/or providing assistive technology to them under loan for use free of charge for temporary possession and use;

2) by reimbursing the costs related to the acquisition of assistive technology required by the persons;

3) by transferring assistive technology to municipal administrations for them to transfer the ownership of assistive technology and/or provide them under loan for use free of charge for temporary possession and use to the persons referred to in paragraph 2 of this Article.

5. The Minister of Social Security and Labour shall lay down the procedure for determining eligibility for assistive technology and the procedure for the provision of assistive technology and financing thereof.

Article 27. Determining personal assistance needs; providing, paying for and funding personal assistance

1. Social workers shall determine personal assistance needs at the request of persons with disabilities wishing to receive personal assistance or that of their legal representatives. The Minister of Social Security and Labour shall lay down the procedure for determining personal assistance needs and for the provision thereof. Non-governmental organisations shall be involved in the drafting of the description of the procedure for determining personal assistance needs and for the provision thereof. A decision on the granting, suspension, renewal, extension, and termination of personal assistance as well as the award period of personal assistance shall be taken by the municipal administration on the basis of a recommendation from the social worker who has determined personal assistance needs.

2. Before starting to provide personal assistant services, personal assistants must have received 40 academic hours of initial training, unless they have the education required to qualify as a social worker under the Law on Social Services, or have obtained a qualification as social work assistants, home care workers or individual care workers under a vocational training programme for social worker assistants or home care workers or individual care workers. The initial training shall be carried out under programmes for the development of the professional competence of the individual care worker in accordance with the procedure laid down by the Minister of Social Security and Labour.

3. A personal assistant accompanying persons with disabilities to cultural institutions (museums, galleries, etc.), places of interest, cultural, entertainment or sporting events shall be entitled to a ticket with a 100 % discount.

4. Municipal institutions shall be responsible for organising the provision of personal assistance and ensuring its quality.

5. The amount of the payment for personal assistance for persons with disabilities may not exceed 20 % of the cost of personal assistance and may not exceed the amount of reimbursement of costs of individual assistance received by the person with disabilities. Where persons with disabilities are not eligible for and receive no reimbursement of costs for personal assistance, the amount of the payment for personal assistance shall be determined in accordance with the procedure laid down in the Law on Social Services and may not exceed 20 % of costs for personal assistance. Personal assistance shall be provided free of charge to persons with disabilities whose income is less than 2 times the amount of state-supported income. The amount of payment for personal assistance shall be determined by the municipal administration in accordance with the procedure laid down by the Government or an institution authorised by it.

6. The Minister of Social Security and Labour shall determine the procedure for the allocation, transfer, use, settlement and control of the state budget funds for personal assistance.

Article 28. Social services

1. Persons with disabilities shall have the right to social services appropriate to their individual assistance needs, on an equal footing with other persons.

2. State and municipal institutions and agencies shall be responsible for the organisation and accessibility of social services.

3. Social services for persons with disabilities shall be organised and provided in accordance with the Law on Social Services.

Article 29. Financial assistance instruments

1. Persons with disabilities may, in accordance with the procedure laid down by law, be eligible for the following financial assistance instruments:

1) social cash assistance that is granted to guarantee their material well-being;

2) targeted compensation and/or pensions and/or benefits that are granted to compensate for the loss of income due to the disability and to reimburse persons with disabilities for the costs of individual assistance needs;

3) allowances that are granted to ensure that individual assistance needs of persons with disabilities are met in cases where other means of assistance are unavailable.

2. Employment of persons with disabilities shall not result in the loss of the targeted compensation and/or social insurance pension of lost participation.

Article 30. Relying on an assistance dog

1. In order to reduce or alleviate the effects of impaired bodily functions on independence and mobility of persons with disabilities, persons with disabilities may be assisted by an assistance dog holding a certificate of accreditation of an assistance dog (hereinafter: an ‘assistance dog’).

2. A certificate of accreditation of an assistance dog shall be issued by natural persons residing in the Republic of Lithuania or in another State or by legal persons (branches thereof) established in the Republic of Lithuania or in another State who have been accredited by the international organisations bringing together natural persons and/or legal persons providing training for assistance dogs, and who have trained an assistance dog in accordance with the specific assistance dog training programme(s) approved by these organisations.

3. Persons with disabilities accompanied by an assistance dog shall have the following rights:

1) to access and be present in public spaces, public and other buildings or construction works;

2) to access and make use of public transport facilities and the privileges provided for in the Law of the Republic of Lithuania on Transport Privileges.

4. Where, in exercising the right of persons with disabilities provided for in point 1 of paragraph 3 of this Article, the presence of an assistance dog accompanying persons with disabilities may endanger the health and/or life of other persons, endanger wild animals kept in public or other buildings or construction works, or may give rise to unfavourable conditions for the holding of events in the public space, public or other buildings or construction works, the measures for the assistance of persons with disabilities set out in the rules on access to public and other buildings or construction works and/or the rules on the organisation of events shall apply where persons with disabilities are prevented from relying on the assistance of an assistance dog in a public space, a public and other building or construction works, and/or at an event; equally shall also apply the measures to ensure the safety and well-being of the assistance dog while the person with disabilities is present in a public space, a public and other building or constructions works, and/or at an event.

5. When exercising the rights provided for in paragraph 3 of this Article, persons with disabilities, at the request of the responsible employee of the undertaking, institution or organisation or of the organiser of the event or the responsible person appointed by him/her, shall produce a disability certificate and a certificate of accreditation of an assistance dog (or copies thereof).

Article 31. Appointing carers; their rights and obligations

1. A natural person shall be appointed as a carer of a person with disabilities who requires care and supervision at home and who, before reaching the age of majority, has been determined eligible for reimbursement of costs of individual assistance on the grounds of a mental and/or behavioural disorder, and who, as a result of his/her disability, is unable to take care of himself/herself and/or to authorise another person to act on his/her behalf (hereinafter: the ‘person who requires care or supervision’), for a period of 36 months starting from the date on which the person who requires care or supervision reaches the age of majority.

2. Natural persons may be appointed as carers if they meet one of the following conditions:

1) they are the father (adoptive father) or mother (adoptive mother) of the person who requires care or supervision, with the exception of the case when the parental authority of the father (adoptive father) or mother (adoptive mother) is temporarily or indefinitely restricted by a court decision; they are a grandparent or an adult sibling of the person who requires care or supervision;

2) they have been appointed by a court decision as a guardian or curator of the person who requires care or supervision until the person who requires care or supervision reaches the age of majority.

3. A carer shall be appointed by a decision of the Director of the Agency or a person authorised by him/her within 20 working days from the date of receipt by the Agency of a written application from a natural person to be appointed as a carer and of the documents or their copies certifying that one of the conditions laid down in paragraph 2 of this Article are met.

4. One carer only may be appointed at a time to a person who requires care or supervision.

5. A decision on the appointment of a carer shall be repealed by the Director of the Agency or a person authorised by him/her in the following cases:

1) the carer refuses in writing to be the carer of the person who requires care or supervision;

2) there is a change in the state of health of the person who requires care or supervision and the person who requires care or supervision expresses his/her own will (verbally, in writing, by an act or any other form of expression of will) to refuse the appointed carer;

3) the Agency receives written information from the municipal administration, other agencies, institutions, organisations or natural persons which proves that the appointed carer fails to provide care for him/her or violates the rights and legitimate interests of the person with disabilities, and establishes the validity of this information in accordance with the procedure laid down by the Director of the Agency.

6. The Director of the Agency or a person authorised by him/her shall repeal the decision on the appointment of a carer within 5 working days from the date of receipt by the Agency of the documents, or copies thereof, and/or the information referred to in paragraph 5 of this Article.

7. A decision on the appointment of a carer shall be repealed by the Director of the Agency or a person authorised by him/her in the following cases:

1) in case the court appoints a guardian or curator for the person who requires care or supervision;

2) in case of the death of the carer;

3) in case of the death of the person who requires care or supervision.

8. Upon repealing the decision by the Director of the Agency or a person authorised by him/her on the appointment of a carer on the grounds referred to in paragraph 5 and point 2 of paragraph 7 of this Article, another carer may be appointed to the person who requires care or supervision in accordance with the procedure laid down in paragraphs 1, 2 and 3 of this Article. The carer shall be appointed for the period until the date on which 36 months have elapsed after the person who requires care or supervision has reached the age of majority. The decision by the Director of the Agency or a person authorised by him/her on the appointment of a carer shall enter into force from the date of receipt by the Agency of the written application from a natural person to be appointed as a carer and of the documents or copies thereof.

9. The procedure for appointing carers and supervising their activities shall be laid down by the Director of the Agency.

10. A carer shall have the following rights:

1) the right to apply to public administration entities concerning meeting the individual assistance needs of the person who requires care or supervision;

2) the right to receive, manage and use targeted compensation, social assistance and other benefits, as well as social insurance pensions granted and paid to the person who requires care or supervision;

3) the right to receive information on the severity level of disability, the level of participation, and individual assistance needs determined for a person who requires care or supervision as well as the recommended assistance measures.

11. A carer shall have the following obligations:

1) provide for the persons who require care or supervision (take care of them and meet their basic individual assistance needs);

2) use the targeted compensation, social assistance and other benefits, as well as social insurance pensions received and administered on behalf of the persons who require care or supervision exclusively for the purpose of providing for the persons who require care or supervision.

CHAPTER VI

ASSIGNING, ORGANISING AND EXECUTING COORDINATION OF ASSISTANCE

Article 32. Assigning, organising and executing coordination of assistance

1. Coordination of assistance shall be assigned to persons who apply to the Agency for a disability assessment and consent to the provision of coordination of assistance. Where a person does not consent to the provision of coordination of assistance, the Agency shall only organise a disability assessment. The Minister of Social Security and Labour or the head of the institution authorised by him/her shall lay down the procedure for assigning, organising and executing the coordination of assistance to persons with disabilities.

2. Coordination of assistance to persons with disabilities shall be assigned, extended and terminated by a decision of the Director of the Agency or a person authorised by him/her.

3. Coordination of assistance within the Agency shall cover the following:

1) providing information to persons with disabilities and/or their legal representatives about the conditions for and award periods of the determination of disability; meeting of individual assistance needs; as well as providing persons with disabilities with other relevant information;

2) appointing an assistance manager;

3) drawing up of an assistance plan. An assistance plan, based on an assessment of individual assistance needs, shall be drawn up by the assistance manager, with the participation of the persons with disabilities and providers responsible for meeting the individual assistance needs;

4) monitoring of the implementation of the assistance plan. Taking into account the individual assistance needs provided for in the assistance plan, the assistance plan shall be implemented by providers responsible for meeting the individual assistance needs of persons with disabilities. An assistance manager shall monitor the implementation of the assistance plan;

5) monitoring of an assistance plan. Where new circumstances arise during the implementation of the assistance plan and/or during the monitoring of its implementation, or where the previous circumstances, which led to the person with disabilities receiving coordination of assistance, cease to exist, the assistance manager shall initiate a review and/or modification of the assistance plan, by involving the providers responsible for meeting the individual assistance needs, and/or the termination of coordination of assistance.

4. Taking into account the individual assistance needs provided for in the assistance plan, the assistance plan and information about persons with disabilities and/or their legal representatives shall be communicated in writing or by means of electronic communications to the following institutions for execution within their remit:

1) the municipal administration according to the place of residence of persons with disabilities concerning organising and ensuring that the individual assistance needs of persons with disabilities are met, and/or

2) the Employment Service concerning the provision of vocational rehabilitation, employment support measures and/or labour market services to persons with disabilities, and/or

3) an institution authorised by the Agency concerning the provision of assistive technology to persons with disabilities, and/or

4) where appropriate, to other bodies within their remit.

CHAPTER VII

FINAL PROVISIONS

Article 33. Protection of personal data

The personal data referred to in this Law shall be processed in accordance with Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (General Data Protection Regulation), as well as in accordance with the Law of the Republic of Lithuania on Legal Protection of Personal Data.

President of the Supreme Council of the Republic of Lithuania                          Vytautas Landsbergis

Vilnius, 28 November 1991

No I-2044

(As last amended on 28 March 2023 – No XIV-1854)

Annex to

the Republic of Lithuania

Law on the Fundamentals of

Protection of the Rights of Persons with Disabilities

LEGAL ACTS OF THE EUROPEAN UNION IMPLEMENTED BY THIS LAW

1. 98/376/EC: Council Recommendation of 4 June 1998 on a parking card for people with disabilities.

2. Council Directive 2001/55/EC of 20 July 2001 on minimum standards for giving temporary protection in the event of a mass influx of displaced persons and on measures promoting a balance of efforts between Member States in receiving such persons and bearing the consequences thereof.

3. Directive 2011/98/EU of the European Parliament and of the Council of 13 December 2011 on a single application procedure for a single permit for third-country nationals to reside and work in the territory of a Member State and on a common set of rights for third-country workers legally residing in a Member State.

4. Directive 2014/54/EU of the European Parliament and of the Council of 16 April 2014 on measures facilitating the exercise of rights conferred on workers in the context of freedom of movement for workers.

5. Directive (EU) 2021/1883 of the European Parliament and of the Council of 20 October 2021 on the conditions of entry and residence of third-country nationals for the purpose of highly qualified employment, and repealing Council Directive 2009/50/EC.