REPUBLIC OF LITHUANIA
LAW
ON THE SOCIAL INTEGRATION OF THE DISABLED
both the Basic Provisional Law of the Republic of Lithuania and
the principles of humanism and justice, seeking to implement the
rights of the disabled as guaranteed in international documents,
and recognizing that integration of the disabled into social and
State life is an indicator of civilization, adopts this Law.
Chapter 1
GENERAL PROVISIONS
Article 1. Objectives of the Law
1. The Law on the Social Integration of the Disabled shall
regulate the establishment of disability, medical, vocational and
social rehabilitation for disabled persons, the adjustment of
conditions for the disabled, as well as the development and
education of the disabled, and shall establish legal, economic
and organizational guarantees for the occupational, vocational
and social rehabilitation of the disabled.
2. This Law shall apply to disabled persons who permanently
reside in the Republic of Lithuania and have been recognized as
disabled in accordance with the regulations set forth in Chapter
2 therein.
Article 2. Principles of Social Integration of the Disabled
1. In the Republic of Lithuania, the disabled, regardless of
the cause, character and degree of the manifestation of their
disability, shall be entitled to the same rights as other
residents of the Republic of Lithuania. The state shall provide
additional assistance and guarantees to disabled persons who
cannot exercise their rights independently.
2. Public and State structures shall be open to the
disabled. Disabled persons shall participate in deliberation of
all questions connected with their life and activities.
3. Disabled persons shall be protected from all types of
exploitation, discrimination and abusive or scornful behaviour.
4. Disabled persons shall live in families or in
environments which compensate them, and may not be put into
special medical institutions or institutions of care and welfare
without their consent or without the consent of their parents or
guardians.
5. Disabled persons shall receive medical, functional,
psychological and pedagogical assistance in their place of
residence, with the exception of cases which necessitate the
provision of assistance in special institutions.
6. Disabled persons shall be developed and educated; they
shall gain a profession, shall work and engage in useful
activities according to their ability, interests and
opportunities.
7. During the preparation of Governmental and other national
programmes, specific needs of the disabled shall be taken into
consideration.
8. The disabled, their parents and guardians, as well as
public organizations of disabled persons shall be provided with
information and skilled consultation concerning their rights and
legitimate interests.
9. Disabled persons shall perform their duties according to
their ability, skills and knowledge. Disability does not exempt
an individual from liability for his or her actions, with the
exception of cases provided for in laws.
10. The Republic of Lithuania shall develop and promote
international cooperation for the solution of disability
problems.
Chapter 2
ESTABLISHMENT OF DISABILITY. DISABILITY STATISTICS
Article 3. Disability
1. Disability is the condition of an individual, as
established by competent institutions, which due to a congenital
or acquired physical or mental defect, totally or partially
incapacitates the individual from taking care of his private or
social life, from enjoying his rights and from fulfilling his
duties.
2. According to the degree of manifestation, disability
shall be divided into three groups (I, II and III). The loss of
general or vocational capability to work shall be expressed in
percentage.
3. Medical and social criteria of disability shall be
regulated by the Ministry of Health and the Ministry of Social
Security of the Republic of Lithuania.
Article 4. Establishment of Disability
1. Disability shall be established :
a) for children who are under 16 years of age - by
commissions of medical and social experts from State institutions
of treatment and prevention as well as from specialized
institutions whose bylaws shall be approved by the Ministry of
Health of the Republic of Lithuania; and
b) for individuals who are 16 years of age and older - by
state commissions of medical and social expertise whose bylaws
shall be approved by the Government of the Republic of Lithuania.
Hereinafter, the commissions indicated in subparagraphs a) and b)
shall be referred to as commissions establishing disability.
2. Commissions establishing disability shall adopt decisions
concerning the following questions:
a) the fact of disability, its character, cause, time of
origin, group, term, and degree of the person's loss of general
or vocational capacity to work;
3. The decisions of commissions establishing disability
shall be obligatory for institutions (boarding homes), services
of social security of local governments, employers, institutions
of development, training, and special institutions of medical,
vocational and social rehabilitation of the disabled, the
disabled themselves, and their parents and guardians.
Article 5. Participation of Concerned Persons during the
Establishment of Disability
During the establishment of disability, the following
individuals may participate with the right of a consultant:
the physician treating the individual, the representatives of
employers, institutions of development and training, institutions
of social care and welfare (boarding homes), services of social
security of local governments and public organizations of the
disabled. The procedure for their participation shall be
regulated by the bylaws of the commissions establishing
disability.
Article 6. Certificates of Disability
1. The certificate of disability shall be the document
confirming disability and providing the possibility to enjoy the
rights, guarantees and privileges secured in this Law, other laws
and executive acts.
2. The form of a disability certificate and the procedure
for its issuance or confiscation shall be regulated by the
Ministry of Social Security of the Republic of Lithuania.
Article 7. Disability Statistics
1. Disability statistics shall be compiled regularly. The
forms and procedure of statistical computation shall be approved
by the Department of Statistics under the Government of the
Republic of Lithuania on the recommendation of the Ministry of
Social Security.
2. Public organizations of disabled persons may conduct a
public calculation of disablement. They shall have the right to
receive information according to the procedure established by law
from state statistical institutions as well as from other
services.
3. Statistics of disablement shall be made public if the
laws do not provide otherwise.
Chapter 3
MEDICAL, VOCATIONAL AND SOCIAL REHABILITATION FOR DISABLED
PERSONS AND THEIR MEDICAL, SOCIAL
AND TECHNICAL SERVICES
Article 8. The Objective and Means of Medical, Vocational
and Social Rehabilitation for Disabled Persons
1. The objective of medical, professional and social
rehabilitation for disabled persons is the removal, alleviation,
or stabilization of disability, the development of their physical
and mental abilities, their integration into work, professional
and public life.
2. Medical means of rehabilitation for the disabled shall
include: medical care, treatment at hospitals, sanatoriums,
special institutions and at home, the supply of medication,
recreational therapy of motion, speech, and hearing, as well as
occupational and other kinds of therapy.
3. Vocational and social means of rehabilitation for the
disabled shall include: assistance in acquiring profession,
speciality and trade, the creation and protection of a work
place, retraining, qualification improvement, prosthetic aid,
provision of orthopaedical means and deaf-mute and blind
facilities as well as other compensational facilities, aid for
the disabled to adapt to life, as well as psychological and other
aid, and adaptation of conditions for both specific and
additional needs of disabled persons.
Article 9. Implementation of Medical, Vocational and Social
Rehabilitation for the Disabled
1. The implementation of medical, vocational and social
rehabilitation for the disabled shall be carried out by: medical
institutions, social security services of local governments,
institutions of social care and welfare (boarding homes),
institutions of development and education, the Labour Exchange,
employers, public organizations of disabled persons and
enterprises belonging to them, special institutions of medical,
professional and social rehabilitation of the disabled, as well
as other institutions and organizations.
2. Individuals who carry out medical, professional and
social rehabilitation of the disabled shall collaborate in the
organization and implementation of an individual program for the
rehabilitation of the disabled, shall inform the public as well
as disabled persons themselves about the means which aid in the
integration of the disabled into work, professional, and public
life, and shall effectively use the experiences of other
countries and engage in international cooperation.
3. The activities of medical, professional and social
rehabilitation of disabled persons shall be organized and
coordinated by the physician treating the disabled
(rehabilitation specialist) as well as by social security
services of local governments.
Article 10. Provision of Medical and Social Services to the
Disabled
1. Medical and social aid for the disabled shall be provided
in general and special treatment institutions, institutions of
development, education, social care and welfare (boarding homes),
as well as at home.
3. Upon the wish of disabled persons, their parents or
guardians, medical and social aid shall be provided in special
public social care and welfare institutions (boarding homes) or
in private institutions of social care and welfare (boarding
homes) belonging to religious and other public organizations.
4. Disabled persons for whom the necessity of permanent
nursing has been established shall be provided medical and social
aid at home, with the exception of cases when it is necessary to
provide such aid in special institutions.
5. Provision of medical and social aid for the disabled
shall be organized by the physician treating the disabled and by
social security services of local governments.
Article 11. Prosthetic Aid for the Disabled, their Provision
with Orthopaedical Means, and Deaf-mute, Blind,
and other Compensational Facilities
1. The procedure and terms for the provision of prosthetic
aid and the supply of orthopaedical means, deaf-mute and blind
facilities and other compensational facilities to the disabled
shall be established by the Government of the Republic of
Lithuania.
2. The Ministry of Social Security shall organize prosthetic
aid, provision of orthopaedical means, deaf-mute and blind
facilities, as well as other compensational facilities for the
disabled.
Article 12. Requirements for the Planning, Construction and
Reconstruction of Towns, Settlements, Public
Buildings and Dwelling Houses
1. Upon the planning, construction, and reconstruction of
streets, squares, parks, parking lots, lines of communication,
public buildings, institutions of treatment, dwelling houses, and
cultural or sporting facilities situated in towns or settlements,
it is necessary to adapt them for the specific needs of the
disabled. Such requirements shall be established by the
Government of the Republic of Lithuania.
2. The aforementioned objects which have been built,
reconstructed or expanded shall be adopted for exploitation only
upon the fulfillment of adaptation requirements for the specific
needs of the disabled.
3. The Government of the Republic of Lithuania as well as
local governments shall ensure the implementation of the
aforementioned requirements.
Article 13. Programs for the Medical, Vocational and Social
Rehabilitation of the Disabled Incentive for
Providing the Disabled with Compensational
Facilities
1. The Government of the Republic of Lithuania shall prepare
and implement the governmental programs and local governments
shall prepare and implement territorial programs for the medical,
vocational and social rehabilitation of the disabled.
2. Privileges prescribed by laws and acts of the Government
of the Republic of Lithuania and local governments shall be
applicable for enterprises which produce compensational
facilities for the disabled.
Chapter 4
DEVELOPMENT, EDUCATION AND VOCATIONAL GUIDANCE FOR THE DISABLED,
THEIR CULTURAL AND SPORTS ACTIVITIES
Article 14. Development, Education and Vocational Guidance
for the Disabled
1. Disabled persons shall be developed and educated in
institutions of development and education situated in their place
of residence, at home, or in special institutions taking their
abilities, interests, and physical and mental conditions into
consideration.
2. If the commissions establishing disability do not hold
otherwise, institutions of development and education may not
refuse to accept a disabled person on the basis of that person's
disability.
3. In accordance with the procedure established by the
Ministry of Culture and Education of the Republic of Lithuania,
disabled persons shall be provided with special means of
development and education; they shall have places designated for
studying adapted to them.
4. Disabled persons shall be developed and educated in
special institutions pursuant to the findings of special
commissions as well as commissions establishing disability, by
the consent of their parents or guardians.
5. By the consent of their parents or guardians, disabled
persons shall be developed and educated at home in the event that
their development and education in special institutions is not
possible.
6. Disabled persons shall be advised in the selection and
acquisition of a profession in general and special institutions
of development and training in accordance with the program
prepared by the Ministry of Culture and Education of the Republic
of Lithuania and taking into consideration the capability,
interests, and physical and mental condition of the disabled
person.
Article 15. Promotion of the Development, Education and
Vocational Guidance for the Disabled
1. In accordance with the procedure established by the
Government of the Republic of Lithuania and local governments,
specialists who work with the disabled shall be granted material
incentives.
2. Allocations shall be paid from the State Budget of the
Republic of Lithuania for the preparation of special means of
development and education, text-books for the disabled, special
programs of development, educational and vocational guidance, as
well as for the training of specialists.
3. In cases when admission to colleges and institutions of
higher education is based on equal conditions, the disabled shall
be admitted on a priority basis. Colleges, institutions of higher
education, and public organizations of disabled persons may
establish additional favourable terms and procedures for the
admission of disabled persons to their respective institutions.
Article 16. Cultural Activities, Sports and Recreation for
Invalids
1. National and international sports, cultural and
recreational events for the disabled shall be organized by the
Ministry of Culture and Education, the Department of Physical
Training and Sports under the Government of the Republic of
Lithuania, and other institutions and organizations, together
with public organizations of disabled persons.
2. Local sports, cultural, and recreational events for the
disabled shall be organized by local governments together with
public and other organizations.
3. Organizers of sports, cultural and recreational
programmes and events must adapt them for the specific needs of
the disabled, taking into consideration economic and technical
capacities.
4. Medical requirements for sports for the disabled shall be
established by the Ministry of Health of the Republic of
Lithuania. Recommendations concerning sporting methods for the
disabled shall be prepared by the Department of Physical Training
and Sports under the Government of the Republic of Lithuania.
5. Profit (income) tax reliefs provided for in laws shall be
applicable to enterprises having the status of a legal person
which allocate part of their profit (income) for the social and
medical rehabilitation of the disabled, for the design and
manufacturing of technical means provided to the disabled free of
charge, or for the satisfaction of their cultural and sporting
needs.
Chapter 5
INTEGRATION OF THE DISABLED INTO WORK
Article 17. Employment of the Disabled
1. Disabled persons shall choose jobs taking their physical
and mental condition, professional skills and interests into
account, or shall take up other activities which are not
prohibited by laws. If a disabled person has the necessary
qualifications, an employer may not refuse to employ him or her
or discriminate against him or her in any other way for the sole
reason of invalidity.
2. Competent governmental services, taking into
consideration the findings of commissions establishing disability
concerning the conditions and character of work for disabled
persons, shall issue permits (licenses) on a priority basis
enabling them to engage in economic-commercial activities or
other types of activities and business which is not prohibited by
law, in cases when such permits (licenses) are necessary. In
accordance with the procedure established by the Government of
the Republic of Lithuania, disabled persons may be provided
credits on favourable terms for engagement in the aforementioned
activities or organization of business.
Article 18. Hiring Disabled Persons
1. Disabled persons shall either be employed in ordinary
working places or in working places furnished specially for them.
Requirements for the working places of disabled persons shall be
established by the Ministry of Health and the Ministry of Social
Security of the Republic of Lithuania.
2. For the employment of the disabled and on the
recommendation of the Labour exchange, local governments shall,
on a yearly basis, establish for employers quotas for the
employment of the disabled or for the establishment of additional
working places which shall comprise no less than 2 percent of the
total number of employees if the latter is not less than 50.
3. The Labour exchange may equate the employment of one
disabled person whose integration into work requires particular
efforts of the employer with the employment of no more than three
disabled persons.
4. Employers who do not fulfil the quotas for the employment
of the disabled or for the establishment of additional working
places for the disabled shall pay additional contributions to the
Employment Fund in the manner prescribed by the Law of the
Republic of Lithuania on the Employment of Residents. The payment
of additional contributions shall not exempt employers from the
obligation to employ disabled persons.
5. If the Labour Exchange or disabled persons have not
applied for employment, employers may employ other persons in
working places reserved for disabled persons under fixed period
employment contracts which shall be terminated when the need to
employ a disabled person turns up.
6. Employers who fill the quotas for the employment of the
disabled or for the establishment of additional working places
may receive subsidies from the Employment Fund for the
establishment, furnishing and adaptation of working places for
disabled persons.
7. Pursuant to the decision of commissions establishing
disability, employers must either hire persons who become
disabled due to occupational injury or vocational disease while
working in the enterprise, institution, or organization of said
employers, or transfer such persons to another job which
corresponds to the condition of their health.
Article 19. Restrictions on Dismissing Disabled Persons from
Work
Employers may only dismiss inculpable disabled employees on
their own initiative upon receiving consent from the local
government social security service and sending the disabled
employee a 4-month written notice of the anticipated dismissal.
Consent from the local government social maintenance service is
not necessary if the enterprise is being liquidated by the will
of the employer.
Article 20. Working Conditions, Work Time and Vacation Time
for the Disabled
1. Working conditions shall be created for disabled persons
pursuant to the findings of the commissions establishing
disability.
2. If the findings of the commissions establishing
disability do not provide otherwise, disabled persons may, on
their own wish, be exempt from working overtime, on holidays,
rest days and at night.
3. Disabled persons shall be granted 35 calendar days of
annual vacation. Disabled persons, parents of disabled persons,
and guardians caring for disabled persons who have been
determined to be in need of permanent nursing shall be granted 30
calendar days of unpaid vacation at any desirable time.
4. If the parents or guardians caring for disabled persons
who have been determined to be in need of permanent nursing so
wish, they shall be provided by employers with work at home, work
according to a flexible schedule, or short working days (weeks).
Article 21. Incentive for Enterprises Belonging to Public
Organizations of Disabled Persons
1. Tax reliefs as well as privileges prescribed by other
laws shall be applicable to enterprises belonging to public
organizations of disabled persons.
2. Privileges and preference rendered in State orders shall
be applied to enterprises belonging to public organizations of
disabled persons.
3. The Government of the Republic of Lithuania may grant
enterprises belonging to public organizations of disabled persons
the exclusive right to produce certain types of production.
Chapter 6
MATERIAL GUARANTEES FOR THE DISABLED
Article 22. Pensions, Benefits and other Payments for the
Disabled and their Parents and Guardians
1. The amount of pensions and benefits, the procedure for
their payment, and other terms shall be established by the Laws
of the Republic of Lithuania on the Improvement of the Provision
of Pensions to Residents, on State Social Insurance, and on
Income Security of Residents, as well as by other laws.
2. Local governments, enterprises, institutions,
organizations and public organizations of disabled persons may
pay disabled individuals, as well as their parents or guardians,
supplementary regular or lump-sum benefits as well as other
allocations.
Article 23. Housing Provisions for Disabled Persons
1. The Government shall assist families in which there are
Group I or Group II invalids, as well as disabled children who
have been determined to be in need of permanent nursing, in the
provision of housing on favourable terms and pursuant to the
procedure established by law.
2. Requirements for the design and construction of invalid
housing shall be established by the Government of the Republic of
Lithuania.
Article 24. Privileges for the Disabled and their Parents
and Guardians
1. Disabled persons who have been recognized by the
commissions establishing disability as incapable of work and
whose family members are also incapable of work shall be
compensated for public utilities as well as usage of fuel,
electric power and telephone in the amount and procedure
established by the Government of the Republic of Lithuania.
2. Laws, directives of the Government of the Republic of
Lithuania, and decisions of local governments shall establish
transportation, trade, service, and other privileges for disabled
persons and their parents and guardians.
3. Disabled children, Group I invalids, and persons (one
person) accompanying them, as well as persons who became disabled
due to the aggression which took place on January 11-13, 1991 or
the events which followed, shall use all types of government
municipal (regional) local transport, with the exception of
taxis, free of charge. They shall receive a 50% discount on
intercity transport, with the exception of taxis.
Chapter 7
ORGANIZATIONAL GUARANTEES FOR THE SOCIAL INTEGRATION OF THE
DISABLED. FINANCING OF SOCIAL SECURITY FOR THE DISABLED. THE
INVALID FUND
Article 25. Public Organizations of Disabled Persons
1. The main goal of public organizations of disabled persons
shall be to represent and defend the rights and legitimate
interests of the disabled, their parents and guardians, and to
integrate disabled persons into work and public life.
2. Public organizations of disabled persons shall have the
rights of a legal person as well as the right of legislative
initiative in the person of their national bodies.
3. Public organizations of disabled persons shall:
a) carry out and support medical, vocational and social
rehabilitation, development and training, as well as medical and
social services for the disabled;
b) organize sports, tourism, recreational and cultural
activities, and international cooperation of the disabled;
c) control the implementation of this Law and other laws
which regulate public relations of disabled persons; and
1. The Lithuanian Council of Invalid Affairs, functioning
under the Government of the Republic of Lithuania, shall strive
to provide assistance in the implementation of this Law and other
laws which regulate public relations of the disabled, and to
secure the participation of disabled persons during consideration
of all issues related to their lives and activities. The bylaws
of the Lithuanian Council of Invalid Affairs shall be approved by
the Government of the Republic of Lithuania.
2. The Lithuanian Council of Invalid Affairs shall assist
the Government of the Republic of Lithuania in the preparation of
the government programme for medical, vocational and social
rehabilitation of the disabled, shall control its implementation,
shall assist in drafting laws and other standard acts related to
the life and activities of the disabled, shall dispose of the
Disabled Fund, shall organize international cooperation, and
shall solve other issues.
3. Territorial councils of invalid affairs may be
established in towns and regions.
Article 27. Financing of Social Security for the Disabled
1. The main sources of social security for the disabled
shall be the State social insurance funds, the State Budget of
the Republic of Lithuania, and local government budgets.
2. In order to finance social security for the disabled,
funds of public organizations of disabled persons, the Disabled
Fund, employers, the Employment Fund, charitable organizations,
individual persons and other funds may be used.
Article 28. The Invalid Fund
The Invalid Fund shall be an additional source for the
financing of social security for the disabled which shall be
founded and managed by the Lithuanian Council of Invalid Affairs.
The procedure for the founding and use of the Invalid Fund shall
be established by the Lithuanian Council of Invalid Affairs. In
order to supplement the Invalid Fund, the Lithuanian Council of
Invalid Affairs may organize lotteries and auctions in accordance
with the established procedure. It shall be prohibited to use the
capital of the Invalid Fund for purposes which are not related to
social security of the disabled.
CHAPTER 8
CONTROL OF THE IMPLEMENTATION OF THIS LAW. SETTLEMENT OF
DISPUTES OF DISABLED PERSONS. LIABILITY FOR THE VIOLATIONS OF
THIS LAW
Article 29. Control of the Implementation of this Law
According to their competence, the implementation of this
Law shall be controlled by the ministries and departments of the
Republic of Lithuania, as well as by local governments and public
organizations of disabled persons.
Article 30. Settlement of Disputes of Disabled Persons
1. Disputes which arise between disabled persons, their
parents and guardians and employers, local government social
security services, and other institutions and organizations shall
be settled in court if laws do not provide otherwise.
2. Disputes which arise between disabled persons and
commissions of medical and social expertise shall be settled by
the Conflict Commission under the chief expert of the medical and
social examination of the Republic of Lithuania, which shall be
comprised of highly qualified expert-physicians, other
specialists, and representatives of public organizations of
disabled persons. The activities of the Conflict Commission shall
be regulated by the bylaws of state commissions of the State
Medical and Social Examination.
Article 31. Liability for Violations of the Law on the
Social Integration of the Disabled
Enterprises and institutions and their officials, as well as
citizens and other persons who have violated the provisions of
the Law on the Social Integration of the Disabled shall be
subject to administrative, criminal, disciplinary or material
liability under the laws applicable in the Republic of Lithuania.
Vytautas Landsbergis
President
Supreme Council
Republic of Lithuania
Vilnius
28 November 1991
No.I-2044