Article 9 Accessibility
106. The fifth objective of SIPPD is to ensure access for PWDs to built environment, transportation, information and communications, and public-oriented services.
Built environment
107. The Law on Road Traffic Safety 28 prescribes rules that provide access for persons with disabilities, on equal terms with others, to the built environment.
- Note #28
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Official Gazette of RS
No. 41/2009 and 53/2010 - Return
Road traffic includes installation of equipment for blind and visually impaired persons, which shall serve to mark the space in public transportation and pedestrian areas, entrances to facilities, to enable movement in buildings for public use, as well as installation of special signalling devices which shall ensure undisturbed and oriented movement of blind and visually impaired persons.
108. Equipment used for marking roads for the movement of the blind and visually impaired is the following:
- Tactile strips with clearly marked path ends;
- Tactile pedestrian push-buttons on traffic light poles;
- Audible signals for guiding;
- Audible crossing signals, and
- Other technical means of similar purpose.
111. Apart from the equipment enabling movement of the blind and visually impaired, additional aids may be installed like handrails, tactile guidance and other similar tools that will enable blind and visually impaired persons to move and orient themselves better and more easily in public areas or in public facilities. 29
- Note #29
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Art.100 to 102 of the Rulebook on Traffic Signalisation
Official Gazette of RS
No. 26/2010 - Return
112. According to the Law on Air Transportation 30 from 2010, the Rulebook on Persons with Disabilities and Persons with Reduced Mobility in Air Transportation 31 was adopted, which contains the Regulation (ЕC) No. 1107/2006 of the European Parliament and Council of 5 July 2006, concerning rights of persons with disabilities and persons with reduced mobility when travelling by air.
- Note #30
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Official Gazette of RS
No. 73/2010 and 57/11 - Return
- Note #31
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Official Gazette of RS
No. 02/2011 - Return
113. In several cities, individuals and PWD local organisations used LPDPD provisions to file claims against competent authorities which failed to enable accessibility. LPDPD prohibits discrimination in public transportation on the basis of disability. Discrimination is considered to be the following:
- Refusal to carry the passenger with a disability;
- Refusal of providers of public transport to provide physical assistance to the passenger with a disability, if without such assistance the disabled cannot use the transportation service, and if the provision of service does not jeopardise transport safety;
- Determining unfavourable transport conditions for passengers with disabilities, in particular payment terms, except to the extent such conditions are reasonable due to technical requirements or necessary increased costs for passengers with disabilities.
114. Court proceedings involving discrimination on the grounds of disability are lead against a national airline company on the basis of a claim filed by a women passenger with a disability. Preparations for amendments to the rulebook on the provision of services to passengers with disabilities when travelling by air are under way.
115. Amendments to the Law on Spatial Planning and Construction (LSPC), which were, together with PWD organisations, initiated by MLSP in April 2006, prescribe an obligation for investors to adhere to the standards of accessibility in construction of new facilities. A fine is prescribed for offenders.
116. When adopting the new Law on Spatial Planning and Construction 32, a care was taken of these positive achievements. LSPC prescribes that public and business facilities, residential and combined residential and office buildings with ten or more apartments must be designed and constructed in the manner that persons with disabilities, children and elderly persons can freely access, move, stay and work in them (Article 5).
- Note #32
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Official Gazette of RS
No. 72/2009 - Return
117. Works related to elimination of barriers for persons with disabilities are executed on the basis of a decision approving execution of these works which is issued by the authority competent for granting the building permit. A request for initiating offence proceedings is submitted by the competent planning inspector.
118. Accessibility and a universal design have been introduced to the curriculum of the Faculty of Technical Sciences at the University in Novi Sad and at the Faculty of Architecture, University of Belgrade.
119. The by-law 33 further develops planning and technical conditions (for planning of public transportation and pedestrian areas, entrances to facilities and design of buildings (residential, facilities for public use, etc.)), and special devices within those buildings, which shall enable free movement of children, elderly, physically challenged and persons with disabilities.
- Note #33
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Rulebook on conditions for planning and design of facilities related to free movement of children, elderly, physically challenged and persons with disabilities. Published in
Official Gazette of RS
No - Return
120. LSPC prescribes a fine in the amount of RSD 300,000 for an offence, i.e. violation of the standards of accessibility by a company or other legal entity which is an investor. A responsible person in the company or other legal entity shall be punished for this offense with a fine in the amount of RSD 10,000 to 50,000. There are no special provisions prescribing that collected fines be specifically aimed at removing barriers.
Education
121. LFES regulates the right to education for all, by defining general principles and objectives of education in the Republic of Serbia (Art. 2 to 4).
122. Since LFES prescribes an equal right and access to education without discrimination, it also prescribes penalties in case of violation of the right. In accordance with the concept of the educational system, local self-government shall be obliged to ensure access to all facilities in its territory for any child and/or student. The right to accessibility can also be ensured by referring the child/student to IC to be able to exercise the right.
Culture and provision of information
123. The Law on Public Information 34 prescribes an obligation to make public information available to persons with disabilities.
- Note #34
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Official Gazette of RS
No. 43/03, 61/2005,71/09,89/10 - amended by the Constitution of Serbia and 41/11- amended by the Constitution of Serbia. - Return
124. On 27 February 2007, MCMIS adopted Guidelines for the implementation of activities ensuring conditions for the free use of cultural institutions' facilities and programs by PWDs, on the basis of Article 38 of LPDPD.
125. In accordance with adopted guidelines, MCMIS regularly co-finances work and activities of the Union of the Blind of Serbia in the field of cultural heritage.
126. In accordance with the E-Government Strategy in the Republic of Serbia for the period 2009-2013, electronic public services are provided in the manner that fully ensures simple, understandable and free access for all users, including persons with disabilities.
127. In early December 2010, the National Information Technology and Internet Agency of Serbia developed Guidelines for web presentation of state administration authorities v.3.0
which recommend conformity of state administration web sites to the World Wide Web Consortium Web Content Accessibility Guidelines (WCAG) 2.0.
128. Conclusion of the Government of 23 December 2010, states that state administration authorities shall be responsible for conforming their web sites to the Guidelines for web presentation of state administration authorities
within 6 months from the date of its adoption. The Conclusion also assigns to the National Information Technology and Internet Agency of Serbia a responsibility to assess conformity of state administration web sites with the Guidelines within 2 months from the deadline for conducting the conformity, and to inform the Government on this.
129. National e-Government Portal, which represents a unique outlet for e-services of all state authorities, is conformed with (WCAG) 2.0. guidelines, and Portal upgrading includes implementation of text-to-speech software for the entire Portal contents, as well as optimisation of the overview of Portal contents by screen readers, i.e. optimisation of navigation and introduction of shortcuts for parts of contents.
130. The Law on Public Procurement from 2008 envisages an obligation of a bidder for granting funds from public procurements to support project documentation with evidence of compliance with technical standards of accessibility of goods and services to persons with disabilities.
Employment
131. PWDs are employed under general and under special conditions. Employment under general conditions is considered to be employment with an employer without adjusted job(s) and workplace.
132. Employment under special conditions is considered to be employment with an employer with adjusted job(s) and workplace.
133. An employer hiring a PWD under special conditions may exercise the right to reimbursement of temporary costs.
134. The Rulebook on detailed conditions, criteria and standards for conducting measures and activities of professional rehabilitation prescribes that the measures and activities of professional rehabilitation related to vocational training, additional training, retraining and programs for acquiring, maintaining and improving work, and combined work and social skills and abilities of persons with disabilities; education and training seminars for employers, experts in training and professional rehabilitation of persons with disabilities and other persons; recommendations and training in the application of adequate technical and technological solutions to improve efficiency of persons with disabilities in learning and work, as well as to support services, are carried out by providers of professional rehabilitation, if the following are met:
- Construction and technical standards ﴾in terms of infrastructure, in terms of functionality and other conditions prescribed by planning, construction, technical, sanitary, fire escape and regulations on environmental protection and safety and health at work);
- Standards in terms of skilled workers;
- Standards in terms of equipment (they imply that training facilities, depending on their purpose and work capacity of persons with disabilities, have equipment that matches the type of training conducted, and that can be easily maintained; they imply appropriate furniture, machines and tools, computers, devices and materials for practical training, in compliance with the number of participants and type of disability);
- Standards in terms of contents of a training program.
135. The largest number of today's jobs is not accessible, because their designing did not include the design for all
concept. It should also be noted that adjustment is not always necessary nor an argument is sufficient or circumstances that cannot be overcome when hiring persons with disabilities.
136. Unemployed PWDs registered in NEA records have the same accessibility and can equally use services as any other unemployed person.
Health care
137. In addition to the aforementioned principle of fairness in health care, LHC is based on the principle of accessibility, principle of comprehensiveness and principle of continuity. The principle of accessibility of health care is achieved by providing adequate health care to citizens of the Republic of Serbia which is physically, geographically and economically accessible, i.e. culturally acceptable, particularly at the primary health care level. The principle of comprehensiveness of health care is achieved by including all citizens of the Republic of Serbia to the health care system by implementing integrated health care measures and procedures which include health promotion, disease prevention at all levels, early diagnosis, treatment and rehabilitation.
138. The principle of continuity of health care is achieved through total organisation of the health care system which has to be functionally linked and coordinated across levels, ranging from the primary through secondary to tertiary health care levels, and which provides continuous health care to all citizens of the Republic of Serbia of all ages. All the above mentioned principles also apply to persons with disabilities.
139. The Ministry of Health has a budget line for funding associations' projects for health promotion. In 2008, the Ministry of Health funded six projects of various associations of persons with disabilities, and in 2009, it supported Iz Kruga
organisation in the amount of RSD 220,000.00. Most health care institutions, including institutions at the primary health care level (health care centers), have removed physical barriers with the construction of ramps for persons with disabilities.