Persons with disabilities
PERSONS with disabilities form a large and vulnerable group that has been historically excluded by the structure and functioning of society. This has resulted in the restriction of their fundamental rights and freedoms, preventing and hindering their personal development and the possibility of making use of the resources and services available to citizens, as well as restricting their possible contribution to the progress of society, irrespective of the abilities they may have had.
The Royal Decree, on the March 21, 2023, regulates the basic conditions of accessibility and non-discrimination of people with disabilities in the access and use of properties, premises and services available to the public, establishing a series of rules. Let us look in detail at some of the most relevant regulations.
■ Carers or other support persons will have the right to access personal care services, accompanying the person with a disability, when required, at no additional cost to the person with a disability.
■ Staff assigned to specific customer services shall provide guidance and personalised assistance to users and customers with disabilities, if they so request and whenever necessary to use the service. In any case, specific customer services shall be accessible and information about them shall also be provided in accessible media and formats.
■ Persons with disabilities who require intensive support or assistance shall be provided with preferential attention when accessing and using properties, premises, and services available to the public, if they so request, at no additional cost to them. This preference shall apply in particular to access to publicly available services involving waiting times. Preferential attention extends to personal carers or other support persons accompanying the person with a disability.
■ Assistance dogs, including guide dogs, and dog trainers may have access to all places, accommodations, establishments, premises, transport, and other public places. Buildings shall be provided with the necessary elements so that persons with disabilities who are users of guide dogs, assistance dogs or any other type of aid, can access and use them without being restricted in their use of the built space.
This regulation came into force on March 23, 2023, although with some exceptions, as the basic accessibility conditions will become mandatory and enforceable according to the following established timetable:
(a) For new publicly owned properties, premises and services, as from January 1, 2025
b) For new privately owned properties, premises and services contracted or provided by the public administration, as from January 1, 2025; for all other new privately owned properties, premises and services, as from January 1, 2029.
c) For existing properties, premises and services that are subject to reasonable adaptation, this shall be done before January 1, 2026 for publicly provided premises and services or for those privately provided premises and services that are contracted or provided by public authorities; and before January 1, 2030 for all other privately provided properties, premises and services.
Accessible parking spaces will be provided in the car parks of buildings.
Equal opportunities, legally defined as the absence of any direct or indirect discrimination on the grounds of disability, including any distinction, exclusion or restriction which has the purpose or effect of impairing or revoking the recognition, enjoyment or exercise by persons with disabilities, on equal terms, of all human rights and fundamental freedoms in the political, economic, social, labour, cultural, civil or any other field, are also pursued.
The protective function of the specific system of social and economic benefits for people with disabilities who are not included in the application of the Social Security System because they do not work, includes, among others, the benefits listed below:
a) Health care and pharmaceutical benefits.
b) Mobility allowance and compensation for transport costs.
c) Occupational rehabilitation.
d) Vocational rehabilitation and habilitation.
Without prejudice to the provisions of the law, the health care and pharmaceutical benefits provided for in paragraph a) of the previous paragraph shall have the scope, duration and conditions regulated.
Ultimately, it shall be noted that beneficiaries of the special system of welfare and economic provisions, provided for in this chapter, shall be exempt from contributing towards the cost of pharmaceutical products.