Laws

The basic laws regulating the issues of the social welfare of the disabled people are the Law on the social protection of the disabled in the Republic of Armenia (adopted in 1993, amended in 1997, 1998, 2000 and 2002) and the Law on the public/state provision of pensions of the citizens of RA (adopted in 1995, amended in 1997 and 1998). The amount of pensions, including those for the disabled, is determined by the government regulations. Currently, the government regulation ‘162 of March 18, 1999 on “The determination of the amount of the basic pension”. In accordance with this regulation the amount of the basic pension makes up 3000 drams per month. The people with disability group 2 get this pension. The amount of pension makes up 120 % for the disabled children under 16 and the people with disability group 1, and 80 % from the basic pension for the people with disability group 3.

The Law on the social protection of the disabled in RA, adopted in 1993, was a kind of the heritage of the Soviet system and it granted good mechanisms of social welfare. In particular, people with disabilities enjoyed the benefits when paying pulblic utilities and using public transportation. In accordance with the regulation, which was an important clause of the Law, the enterprises of NGOs of the disabled people – at least 50 % of the employees were people with disabilities there – enjoyed considerable tax remissions. Afterwards, this Law was repeatedly amended, and most of these amendments (1997, 1998, 2000) made the actual social status of the disabled worse. As a result, people were deprived of lmost all the benefits.
At present, two benefits are available for disabled people:
1) the people with disability group 1 and 2 have the right of free pass in the city electron transport
2) the treatment of the disabled must be free and provided by the state. Regrettably, this regulation is violated everywhere.
In 2001-2002 a coalition of NGOs prepared a packet of legislative proposals and submitted it to the National Assembly of Armenia. As a result of the intensive campaign and lobbying, the Law on amending “The Law on Social Security of the Disabled People of Armenia” was adopted in December 2002.
Some of the innovations into Law are worth mentioning.
• The concept of Annual program of actions aimed at disability was introduced for the first time. Financing of the activities within the Annual program should be registered in the expense section of a given year’s state budget. Along with the Annual program the government of RA introduces bills in the National Assembly, which are necessary for the implementation of the Annual program. The report on the implementation of the Annual program is included in the report on the state budget realization. Thus, Annual program provides for the mechanisms of implementing specific activities, and it also makes the procedure of investments transparent and controlled.
• The process of determining types of disability is made simpler. Thus, instead of 2-years term a life term of disability is set in case of irreversible physical conditions.
• The phrase “disabled person from birth/childhood” is substituted by the phrase “disabled children/children with disabilities”. In case of irreversible physical conditions, this status is confirmed for a period before 18 years old, which makes it possible for such children to enjoy the benefits when entering universities/colleges.