| Ministry of Health and Social Affairs | 30.11.1999 |
AN ACTION PROGRAMME ON DISABILITY POLICY 2
I IntroductionThis action programme on disability policy is directed to politicians, authorities in the state, municipal and other institutions, to citizen and disability organizations, to persons with disabilities themselves and to all Finns. The action programme is based on the United Nations Standard Rules on the Equalization of Opportunities for Persons with Disabilities, which were adopted in 1993. Finland has committed herself to the realization of these Standard Rules. From Finland's commitment, persons with disabilities are entitled to expect that the Finnish government take active and concrete measures following the Standard Rules. 1. GoalsThe goal of the action programme is to create prerequisites for the empowerment of persons with disabilities in Finnish society. Empowerment means that persons with disabilities empower themselves. No other parties will arbitrarily direct their lives. To reach the goal of empowerment, this action programme sets its goal the equalization of opportunities for persons with disabilities following the UN Standard Rules. Through empowerment every person with a disability has the possibilities to a good and meaningful life starting from his or her own abilities and personal goals. Empowerment also includes the possibility to independent living, to equality in human relationships and to full participation. Further, it requires the necessities to a reasonable degree. For persons with disabilities, equal possibilities to a good and meaningful life are realized only if the fundamental human rights of persons with disabilities are identified and recognized. The empowerment and encouragement of persons with disabilities and their organizations to become involved in all activities within society will bring the needs and interests of persons with disabilities to the fore. Then the parties concerned may themselves influence the way these are realized. Persons with disabilities themselves know what is best for them. As the best experts of their own lives, they can define both their own needs and what is a good and meaningful life. For those with disabilities who are incapable of expressing their needs, the family or other community may act as their representative. Society for all The empowerment of persons with disabilities and full equality with other citizens requires that society and environment are to be made as accessible as possible. This means the elimination of physical, attitudinal and communication obstacles. When we have removed these obstacles, we have also removed the effect of disability as an essential factor in the definition of a person. The goal of this action programme is to promote practical realization of the idea society for all . The goal is a society that takes the needs of all its members into equal consideration. This society will aim at adapting its functions, structures and systems to meet those needs. The factors requiring the society to adapt can be related to the people s age, sex, cultural background, disability or nondisability. It is only by taking these factors fully into account that society can advance towards sustainable social development. In the beginning of August 1995, the reform of the Constitution Act of Finland (969/95) entered into force. The existing general clause in the Constitution Act was complemented by a new provision. This general anti-discrimination clause in paragraph 5, subparagraph 2 rules that without acceptable grounds, no one shall be placed in a different position because of, e.g., state of health and disability. According to the grounding statement, this prohibition covers both direct and indirect discrimination. Essential human rights agreements have been promulgated into national law. In theory, the antidiscrimination provision covers all branches of law, but the absence of sanctions has reduced its actual scope of application. The II part of the reform of Finnish Penal Code includes an extension of this scope. Entering into force in September 1995, Chapter 11, Section 9 includes a clause, under which for discrimination shall be sentenced whosoever who, within economic activity, professional activity, public service, civil service or other public duty or in organization of a public amusement or a public meeting, lacking acceptable cause does not serve someone in accordance with generally followed conditions; refuses someone seeking entrance the admittance to the amusement or meeting or removes him or her from there; or places someone in a manifestly different or weaker position because of, e.g., his or her state of health. Besides these national laws, Finland has joined ca. 40 international human rights agreements, drafted mainly in the UN, the CE and the ILO. Complying with these instruments, Finland can secure the realization of equality of persons with disabilities in our society. In a period of diminishing resources, it is not possible to guarantee such a sustainable development as would safeguard the rights of persons with disabilities solely by way of special arrangements directed towards this group. Therefore, we must seek to achieve our goals through integrating disability issues into the mainstream of social planning and activities. The action programme on disability policies will help this development. 2. The UN definitionsDisability and handicap The term "disability" summarizes a great number of different functional limitations occurring in any population in any country of the world. People may be disabled by physical, intellectual or sensory impairment, medical conditions or mental illness. Such impairments, conditions or illnesses may be permanent or transitory in nature. The term "handicap means the loss or limitation of opportunities to take part in the life of the community on an equal level with others. it describes the encounter between the person with a disability and the environment. The purpose of this term is to emphasize the focus on the shortcomings in the environment and in many organized activities in society, for example, information, communication and education, which prevent persons with disabilities from participating on equal terms. Prevention The term "prevention" means action aimed at preventing the occurrence of physical, intellectual, psychiatric or sensory impairments (primary prevention) or at preventing impairments from causing a permanent functional limitation or disability (secondary prevention). Prevention may include many different types of action, such as primary health care, prenatal and postnatal care, education in nutrition, immunization campaigns against communicable diseases, measures to control endemic diseases, safety regulations, programmes for the prevention of accidents in different environments, including adaptation of workplaces to prevent occupational disabilities and diseases, and prevention of disability resulting from pollution of the environment or armed conflict. Rehabilitation The term "rehabilitation" refers to a process aimed at enabling persons with disabilities to reach and maintain their optimal physical, sensory, intellectual, psychiatric and/or social functional levels, thus providing them with the tools to change their lives towards a higher level of independence. Rehabilitation may include measures to provide and/or restore functions, or compensate for the loss or absence of a function or for a functional limitation. The rehabilitation process does not involve initial medical care. It includes a wide range of measures and activities from mere basic and general rehabilitation to goal-oriented activities, for instance vocational rehabilitation. Equalization of opportunities The term "equalization of opportunities" means the process through which the various systems of society and the environment, such as services, activities, information and documentation, are made available to all, particularly to persons with disabilities. The principle of equal rights implies that the needs of each and every individual are of equal importance, that these needs must be made the basis for the planning of societies and that all resources must be employed in such a way as to ensure that every individual has equal opportunity for participation. 3. The reforming idea of manMan - an active performer According to the idea of man, mental activity is essential to the basic human character. Man aims at making his unique life a meaningful one in a way he defines it. One wishes to control and direct one's life according to the goals one has chosen for oneself. Right to self-determination, freedom with the responsibility it entails, and risks involved in the choices one makes are an essential part of human life and individual growth. If all risks and responsibilities are removed from an individual's life, then one cannot have any freedom either. Often, persons with disabilities meet an environment which is either too caring or too overlooking, thus limiting their right to self-determination. On the other hand, assistive devices and personal assistance that would secure the independence of persons with disabilities are not nearly always available. Man - with physical needs Man is a physical being, whose survival depends on the fulfilment of certain physiological needs. To be able to fulfill those physiological needs, many disabled persons need to have their living environment adapted, need assistive devices or personal assistance. Yet, it is a basic human need to lead a meaningful life and not merely to survive. Man - socially oriented Socialness is a part of man's character, rendering one willing to participate as an equal to the activities of their community and society. Persons with disabilities have a variety of resources that they could offer for society. Only their use is restricted through the many kinds of obstacles set up by the living environment. In "a society not open to all", people with disabilities spend a large part of their resources in managing everyday routines. When obstacles are removed - political, economic, social, physical, cultural and those related to communication - we can take the resources of persons with disabilities into full use. Each individual has the right to life and the right to a meaningful life. The ideas of well-being and meaningful life cannot be defined or given from the outside to any individual. The individual himself or herself creates these as he or she brings his or her own unique abilities and qualities to a contact with the cultural, social and physical environment. Well-being Self-determination, independency, equality and full participation are prerequisites for well-being, for a good and meaningful life. These must befall everyone in the society. In Finnish society, municipalities have the obligation to secure the availability of these minimum requirements for well-being to all residents as a self-evident part of the realization of human rights. However, the state bears the ultimate responsibility that there exist no inequalities between citizens and everyone can enjoy their human rights equally with others whatever is their municipality of residence. The monitoring of how persons with disabilities can exercise their human rights is best done by persons with disabilities themselves or their organizations. In a modern European society, the justification of the state is increasingly based on its ability to guarantee human security within the state to all citizens. 4. Prerequisities for independent livingEveryone aims at "controlling" one's own life to attain goals that are important for just him or her. For a disabled person to be able to control his or her life, and thus create his or her well-being equally with others, his or her special abilities and needs must be taken into account. To prevent or minimize the impairment that is potentially linked to disability, the following are minimum requirements:
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