Author: Małgorzata Poszwa
Translator: Urszula Lis
The rights of persons with disabilities are primarily guaranteed in the Constitution of the Republic of Poland. Article 32, paragraph 2 of the fundamental law states that no one can be discriminated against in political, social, or economic life for any reason. Due to the specific situation of persons with disabilities, the Constitution imposes certain obligations on public authorities, requiring them to ensure special healthcare (Article 68) and assistance in securing livelihoods, vocational training, and social communication (Article 69) for this social group.
However, the Constitution is not the only legal document containing regulations regarding persons with disabilities. It’s essential to note that the Polish Parliament passed the Charter of Rights of Persons with Disabilities on August 1, 1997. This charter includes a catalogue of ten crucial rights for persons with disabilities. Additionally, on August 27, 1997, the Act on Vocational and Social Rehabilitation and Employment of Disabled Persons was enacted. Both of these legal acts are currently in force. Regulations concerning persons with disabilities can also be found in international law, specifically in the UN Convention on the Rights of Persons with Disabilities, adopted in New York on December 13, 2006.
Discussions on the rights of persons with disabilities should begin by defining what “disability” truly means. The legal definition can be found in the Act of August 27, 1997, on Vocational and Social Rehabilitation and Employment of Disabled Persons. According to the legislator, disability means a permanent or temporary inability to fulfil social roles due to a constant or long-term impairment of bodily functions, particularly causing the inability to work. That implies that a person is considered disabled when incapable of effectively performing social roles and facing difficulties in daily activities due to impaired bodily functions.
Recognizing someone as a person with a disability or determining their degree of disability is conducted through adjudicative proceedings carried out by county/municipal teams for disability assessment in the first instance and by voivodship teams for disability assessment in the second instance.
The law provides for three degrees of disability:
- Considerable – a person with impaired bodily functions incapable of work or able to work only in sheltered conditions, requiring constant or long-term care and assistance from others due to the inability to live independently.
- Moderate – individuals with impaired bodily functions unable to work or able to work only in sheltered conditions, requiring temporary or partial assistance from others to fulfil social roles.
- Slight – includes individuals with impaired bodily functions significantly reducing the ability to work compared to a person with full mental and physical capacity or having limitations in fulfilling social roles that can be compensated with orthopaedic devices, auxiliary aids, or technical means.
It is important to note that confirmation of a person’s disability is evidenced by the disabled person’s ID card.
The rights of persons with disabilities arise from various legal provisions, and their dispersion may make it challenging for individuals to know the exact entitlements they can benefit from.
- Higher Education
Persons with disabilities are entitled to support from the universities they attend. They can apply for scholarships for disabled persons, which can be granted to students with a disability certificate, a disability degree certificate, or a certificate from a ZUS medical assessor indicating total incapacity for work, incapacity for independent existence, or partial incapacity for work. Students with disabilities also have the right to apply for adjustments in studies, alternative forms of grading and examinations, assistance from an assistant, etc., depending on the internal regulations of the respective university.
- Travel
Persons with disabilities have the right to use discounts when travelling by public collective railway and bus transport. The discount depends on the type of transportation and the degree of disability, ranging from a minimum of 37% to a maximum of 95%.
- Parking Cards
While public transportation is becoming more comfortable for persons with disabilities, it may not be suitable for their needs. When driving a car, having a parking card is essential. A person with a disability who holds such a card, according to the Traffic Law Act of June 20, 1997, may not comply with certain road signs related to traffic prohibition or parking. Importantly, with the mentioned parking card, one can park in spaces designated for persons with disabilities. The parking card is issued to a significantly or moderately disabled person with considerably limited independent mobility capabilities or to a person with a disability under 16 years of age with considerably limited independent mobility capabilities.
- Taxes
Entering adult life involves familiarizing oneself with tax regulations. Some of them directly concern the situation of persons with disabilities, precisely a tax relief called rehabilitation, aimed at this social group. Persons with disabilities who incurred expenses for rehabilitation or expenses related to facilitating daily activities can deduct various costs, such as adapting motor vehicles, housing equipment, rehabilitation or medical-rehabilitation treatments, purchasing certain medications, or maintaining an assisting dog.
Despite increasing social awareness regarding the situation of persons with disabilities and their rights, there may be situations where these rights are violated. It is crucial to know what to do in such cases.
As a student, you can seek assistance from the student government of your university or the Student Rights Ombudsman of the Polish Student Parliament. You can contact the Ombudsman through the website: helpdesk.psrp.org.pl.
If the issue pertains to non-academic matters, you can contact the Government Plenipotentiary for Disabled Persons or the Ombudsman for Civil Rights.
Sources:
- Constitution of the Republic of Poland
- Act of August 27, 1997, on Vocational and Social Rehabilitation and Employment of Disabled Persons (consolidated text Dz.U. 2023 item 100)
- Act of June 20, 1992, on entitlements to reduced fares for public collective transport (consolidated text Dz.U. 2018 item 295)
- Traffic Law Act of June 20, 1997 (consolidated text Dz.U. 2023 item 1047)
- Personal Income Tax Act of July 26, 1991 (consolidated text Dz.U. 2022 item 2647)
- https://niepelnosprawni.gov.pl/art,13,instytucje-orzekajace-procedury-orzekania-tryb-i-zasady (accessed October 2023)
- https://niepelnosprawni.gov.pl/p,94,uprawnienia-osob-niepelnosprawnych (accessed October 2023)