People with a severe disability can retire five years before the legal age

The new law guaranteeing people’s rights with functional diversity foresees that those affected with a more serious disability or associated pathologies can advance the retirement age by five years for aging reason premature with respect to the established legal age. It was announced by Minister of Social Affairs, Trini Marínin the presentation of a project that updates the content of the law actsreinforces the rights of this group.

The new type of retirement can be requested by the same interested persons and will allow them to maintain the full provision financed by the CASS. It is also planned the possibility to offer supports and benefits for people who, without reaching the legally recognized minimum degree of disability, have specific needs for support. At the same time, the minimum legal degree of disability is recognized for persons receiving a disability pension from the Group 2 CASSas well as those individuals with a minimum degree of dependency 3 accredited by the socio-health evaluation commission (Covass).

Another relevant development is the establishment of a new regulation which will stipulate the penalties for discrimination against people with disabilities. In the cases of the most serious conduct, such as harassment of individuals, the fine can climb up to 100,000 euros and at least it will be of 25,000. The range of serious fines will range from 5,000 euros to the 25,000and that of the light fines will be ofbetween 300 and 5,000 euros. With regard to the violation of accessibility rights, the minister pointed out that depending on the complaint and each case, they may be included in one category or the other. In any case, Marin he remembered that the companies have the support of the public administration to implement accessibility plans. Ministry sources explained that the sanctioning regime has been drawn up based on a study of the rule of neighboring countries and that the amount of the fines is similar.

“Let’s leave behind an assistance model and focus on capacities and supports”
Trini Marín, Minister of Social Affairs

More rights

The Minister of Social Affairs, Trini Marínexplained that, beyond consolidating existing guarantees, the text introduces innovative measures aimed at strengthening rightspromote personal autonomy and ensure the full inclusion of people with disabilities in all areas of society. “We leave behind a care model and move towards a capability-based and support-based approach. We guarantee the dreal networks with concrete measures in educationin work, in justice and in discrimination”, he stressed Marin. In this sense, the project guarantees equal access to nursery schools for children with disabilities up to school age, and adapts the learning contract to take into account the specificities of this group and favor their employment. In addition, they will be able to enjoy free higher education, including university studies inUdA.

In addition, the activities are regulated with therapeutic purposea repeated demand from the collective and professionals. Access to these exercises will be allowed to all disabled people who need it, even in cases of high degree of disability.

the lawwhich is structured in 76 articles and is divided into an exposition of motives and four chapters, it has been prepared by means of a participatory process with the entities of the sector and people with functional diversity, with joint work with the members of the national disability council (Conads). The project incorporates the concepts and principles of the agreement on the rights of people with disabilities, drawn up in New York in December 2006.