State Report (2015)
40. The principle of equality and non-discrimination is sanctioned in Article 18 of the Constitution. According to this article, everyone is equal before the law, and no one may be unjustly discriminated for reasons such as gender, race, religion, ethnicity, political, religious or philosophical beliefs, economic status, education, social status or parentage. Nobody may be discriminated if there is no legitimate or objective ground. Even though the Constitution does not specifically refer to the disability as cause for discrimination, in the list of the causes of discrimination, non-discrimination is formulated in the form of general prohibitions and the list of causes is for illustration purposes, and therefore not comprehensive. The term “no one “shall include persons with disabilities.
41. The Anti-Discrimination Law provides for the implementation and respect of the principle of equality related to a non-comprehensive list of causes, inter alia, and specifically due to disability. The Law establishes that any disability-related difference, exclusion, restriction or preference, which is meant or leads to prevent or circumscribe the exercise of fundamental human rights and freedoms provided for by the Constitution of the Republic Albania, international acts ratified by the Republic of Albania, and the national legislation in effect shall be considered to constitute discrimination. The Law provides for several forms of discrimination such as: direct discrimination, indirect discrimination, discrimination by association, instruction for discrimination, victimization and denial of reasonable accommodation.
42. The principle of non-discrimination makes part as well in the principles of the Law On inclusion of and Accessibility for Persons with Disabilities. The Law defines discrimination of persons with disabilities as any difference, exclusion, restriction/limitation or preference due to the disability, which is meant to prevent or render impossible exercise on equal footing with the rest of the society of the main fundamental freedoms and rights as recognized by the Constitution, international acts ratified by the Republic of Albania and the national legislation in effect.
43. The Labor Code prohibits any form of discrimination in the area of employment and occupation. The draft law “On some amendments and changes to the Labor Code” provides the following: 1) prohibition of any form of discrimination in the area of employment and occupation. 2) The term “discrimination” shall refer to any difference, exclusion, restriction or preference, on the basis of gender, race, color, ethnicity, language, gender identity, sexual orientation, political, religious or philosophical beliefs, economic, education or social status, pregnancy, parentage, age, family status, marital status, civil status, residence, health status, genetic predisposition, disability living with HIV/AIDS, belonging to a specific group, or any other cause that is meant or which renders impossible exercise like the rest of the society of the right for employment and occupation. 3) All forms of discrimination, in the meaning of point 2, of this article, shall refer to all forms that are established by the specific law on anti- discrimination. 4) Prohibition of discrimination, as defined in this law shall not apply if there is no legitimate or objective argument. 5) Differences, restrictions, exclusion or preference which are based on a characteristic related to one of the causes mentioned in point 2 of this Article shall not be cause for discrimination when due to the nature of professional activities or conditions under which a profession or activity are exercised these characteristics represent a true and indispensable demand, provided that the purpose of the difference in treatment is legitimate and the request should not go beyond what is necessary for its implementation.
Implementing and monitoring instruments for the principles of non-discrimination and equality
44. The mechanisms for monitoring and enforcing the principles of equality and non-discrimination are the following: • The Anti- Discrimination Commissioner (ADC) is an independent institution, which is in charge of reviewing and deciding upon individual claims/complaints related to discrimination. ADC is in charge of making surveys, publishing reports and delivering recommendations, including legislative recommendations, carries out awareness raising campaigns about the principle of equality and non-discrimination. In addition, the Commissioner may be involved in ex officio investigations in case it receives information about discriminatory conduct or actions towards persons accommodated in institutions. In case of violations, the Commissioner, may also put penalties . • Courts. The Law provides for the right to complain to court for cases of discrimination due to a disability, including “denial of reasonable accommodation”, as a form of discrimination provided for by the law. An individual who deems to be in a situation of discrimination may address the court for compensation. • The Ombudsman is an independent institution, which inter alia carries out inspections in the social care institutions, in order to monitor and evaluate enforcement of legal rights of the individuals that are accommodated in these institutions. Further on, the Ombudsman’s office drafts recommendations that it forwards to line state institutions (both central and local). One of the Commissioners of the Ombudsman’s is a person with disabilities. • The Inspectorate of Social Services makes part of the MoSWY. Its duties consists in periodical inspections, to check if the basic conditions for living in line with Social Service Standards, and Social Care Service Standards for persons with disabilities are met . • Monitoring Directorate at the State Social Service is in charge of monitoring social service standards for persons with disabilities.
Special measures
45. The Albanian authorities have taken special measures to address inequalities for persons with disabilities. These measures are part of the following: (i) Law on Inclusion and Accessibility for persons with disabilities, (ii) legislation that regulates the special status for different groups of persons with disabilities, such as the blind, tetraplegics, paraplegics; (iii) policies for promotion of employment of persons with disabilities.
46. The Anti-discrimination Law (in its article 11) provides that temporary special measures that aim at expediting the real introduction and establishment of equality, when the absence of the latter is due to discrimination for any reason defended by the law, including the disability shall be considered as positive action and shall not constitute discrimination. This measure should be suspended once the objectives for the treatment and delivery of equal opportunities has been reached.
Specific measures in the social protection area
47. The social protection program includes social assistance for the households and individuals in need, disability benefit, and social services for children and youth until 25 years old, the elderly, persons with disabilities, women and girls at risk, and individuals at risk who are part of the groups in need. The number of beneficiaries (persons with disabilities and caretakers) from the social protection program is 162.350, classified as follows : Blind 12,248 persons; Paraplegics & tetraplegics 6,350 persons; Persons with mental and physical disabilities 50,545; persons Labor invalids 74,373; persons Number of caretakers 18,834 persons.
48. According to the statistical data of the State Social Service there are 6,553 households that receive social assistance, who have as part of their households, members with disabilities, whose disability benefit is not taken into account due to the eligibility for access to social assistance.
49. Persons with disabilities, in addition to the benefits to which they are eligible for in line with the law “On social assistance and social services”, (disability benefit and social care services) are also eligible for other rights in line with their disability’s status according to: a) Law On the status of the blind ; b) Law On the status of the paraplegic and tetraplegic individuals; c) On the status of the Labor Invalids. Following are the benefits for these categories:
Blind persons are eligible for: a) An allowance for 11,250 Lek/monthly and the same allowance/benefit for the caretakers. b) Blind persons who get education receive an additional allowance: i) during the time they attend secondary education or training courses, they are eligible for 200% of the allowance; ii) during the time they attend University or post-university studies they are eligible for 300% of the disability benefit; iii) blind persons with scientific or other degrees are eligible for 300% of the allowance throughout their life. c) Those that have lost their job for different reasons, after January 1, 1991, are eligible for 150% of the allowance until they find a job. d) Financial compensation for the electricity bill up to 2000 Lek/month for the blind persons in need of caretakers and 1400 Lek/month for the blind who do not need a caretakers. While compensation for fixed line telephone bills is set at 1000 Lek/month for all blind persons. The compensation for the indifference in price of the electricity, due to removal of the consumption index up to 300 KwH/month is set at 648 Lek/month . e) The right for reimbursement of drugs, free health insurance; f) Employment in line with the law “On employment promotion” and urging the business community to hire blind persons; g) Housing in line with the law on housing; etc.
Paraplegics and tetraplegics are eligible for: a) Disability benefit at 9.900 Lek/month and for the caretaker 10.400 Lek/ month . b) The period of caretaking service, for paraplegic and tetraplegic individuals who are not economically active, and who are not eligible for benefits from the mandatory social insurance scheme shall be considered as insurance period for the purpose of pension eligibility, maternity leave, occupational accidents, occupational diseases, and health insurance . c) Additional allowance for individuals attending secondary education or training courses at 200% of the disability benefit in line with point (a) above mentioned; during the time they attend University or post-university studies they are eligible for 300% of the disability benefit; tetraplegic and paraplegic persons with scientific or other degrees are eligible for 300% of the benefit for life. d) reimbursement of drugs, free health insurance; e) priority housing, and in line with the quota of the law On housing; f) Employment according to the law “On employment promotion” and amenities for business that would hire persons who are tetraplegics and paraplegics; g) Exemption from direct taxation; h) Exemption from customs duties for personal vehicles of Paraplegics and tetraplegics; i) Free of charge wheelchairs, crutches etc. j) Compensation for the electricity bill at 2000 Lek/month for those in need of caretakers and 1400 Lek/ month for those who do not need caretakers. While compensation for fixed line telephone bills is set at 1000 Lek/month. The compensation for the indifference in price of the electricity, due to removal of the consumption index up to 300 KwH/month is set at 648 Lek/month. k) Allowance for purchase of hygiene and sanitation package at 16.000 Lek month; l) Fuel allowance for the vehicles used by paraplegics, tetraplegics and labor invalids at 7.000 Lek/ month.
Labor invalids are eligible for: a) compensation for the increase in price of the electricity (350 Lek/ month from the social insurance scheme or 700 Lek/month when they live alone and 640 Lek/month from the social protection scheme), and compensation for the difference in the price of electricity due to removal of the free consumption of electricity up 300 KwH/month at 648 Lek/ month. b) Invalids receive 7.000 Lek month for fuel reimbursement for their vehicles; c) 100 % reimbursement for the medical treatment of invalids with invalidity and 50% for invalids with partial invalidity; d) Exemption from direct taxation and customs duties for different rehabilitation equipments, including vehicles etc. e) In addition to the invalidity pension or old age pension, labor invalids are eligible for a disability benefit which differs in line with the severity of the invalidity. Persons eligible for full invalidity pension and suffer from generic diseases receive an additional allowance of 3.300 Lek/month. Persons who are eligible for partial invalidity pension, and who suffer from general diseases receive an additional benefit of 2.200 Lek/ month; f) Persons eligible for full invalidity pension from accidents at work, occupational diseases receive an additional allowance of 4.000 Lek/month; g) Persons eligible for partial invalidity pension due to occupational accidents and occupational diseases receive an additional benefit of 2.700 Lek/ month.
Persons with mental and physical disabilities are eligible for: • An allowance of 9.900 Lek/ month and the same goes for their caretakers. The benefit gets indexed annually based on the consumer price index (CPI). • additional allowance during the time they attend secondary education or training courses, which is 200% of their current allowance; during the time they attend higher education and post-university training, they are eligible for 300% of their allowance; if they have scientific titles they are eligible for 300% of their current allowance for life. • Compensation for the electricity at the extent of 640 Lek/ month, and compensation for the difference of the electricity price as a result of the removal of the consumption tier up to 300 KwH/ month at 648 Lek/month. The Disability benefit is not calculated as part of the general household income for the sake of eligibility from the social assistance scheme. Even in the areas where the new social assistance scheme is being piloted (Tirana, Durrës, Elbasan), households in need whose Head of Household is a person with disabilities, mental or physical disabilities, blind, paraplegic/tetraplegic or labor invalid and the other members of the household are children or persons past working age, who are not eligible for pension are excluded from the calculation of income (evaluation of the income coefficient).
50. The new piloted social assistance scheme is easier in terms of use for the following reasons: • Simpler documentation requirements (documents for the family composition/assets in possession); • Introduction of real time e-register that connects on real time the social administrator, the secretary of the local government unit councils and the state social service; • Cross checking of information by the State Social Service (SSS) with the General Directorate of Civil Status Registration, general tax Department, National Employment Service, State Labor Inspectorate and Social Services, General Directorate of Road Transport Services, National Registration Center, office for the Registration of Immovable Properties, courts etc. • Appearing before the social administrator on quarterly basis (instead of monthly which was the case before).
Specific measures related to employment
51. The promotion of employment of persons with disabilities provides that persons that are employed may also be eligible to the disability benefit, out of the state budget, in addition to the salary, up to 24 months of employment, at which time the individual is no longer eligible for the disability benefit . Despite all these measures, currently, persons with hearing impairment cannot be equipped with driving license, and they do not get interpretation service in sign language during theory.