Disability watch dog – Modification of the Decree about Personal Assistance
Issue that was addressed
Presentation of the new Decree on Personal Assistance in Valencia (Spain), ENIL reacted presenting the Valencian Government a draft of the decree when it was about to be presented to public debate.
The Valencian Government announced that in January 2011, it will be implemented a new Decree about Personal Assistance, which will be included in the Spanish Law of Disability.
ENIL contacted with the administration and appointed a meeting with the Social Welfare Conseller, Ms. Angélica Such, in order to know all the details about the new decree. The Decree was sent to ENIL and it was studied and compared to the Convention. It was created a document with the appropriate modifications that had to be included in the decree as making it according to the UN Convention on the rights of the disabled people.
On November 22nd, ENIL was invited to a meeting with the Conseller who presented the definite Decree in which they were supposed to consider all our suggestions.
The Decree has been improved, but is not according to the Convention yet, it includes statements such as:
– Personal Assistance will only be available for those disabled people who are evaluated as a Grade III of dependency. (The law establishes three grades of dependence: Grade I: medium dependence, Grade II: severe dependence and Grade III: high dependence)
– The provision for Personal Assistance will be 1.300 € a month. The Personal Assistant will receive 12 payments a year.
– The Personal Assistant must be Qualified in the social-sanitary Area.
ENIL denounced during the meeting the violation of Human Rights that this Decree represents. The Valencian Government affirms that if they consider all our suggestions, it would result in a conflict with the national disability law (LEPA), so the Conseller encouraged us to denounce the National law in Madrid.
ENIL considered this as a total lack of responsibility and an attempt to use our action as a weapon against the National Government, which is formed by the contrary political party.
ENIL announced them that we would appeal both laws in the trial.
Results of the action/ follow up:
On December 2011, ENIL and the Independent Living Forum (Foro Vida Independiente y Divertad) will arrive at the Health Minister in Madrid and Mamen Nájera, Spainsh Enil Coordinator will hand a letter to the Ministry denouncing the violation of Human Rights that the current Spanish Disability Law represents. Many disabled people form different parts of the country have confirmed their attendance and will meet at the Minister door and claim for their rights.
Other demanding and legal actions will be carried out until the Spanish disability law would be modified and adequate to the UN Convention.