Ред и условия за включване в механизма „лична помощ“ – особености на административното производство
Procedure and Conditions for Inclusion in the Personal Assistance Mechanism – Specifics of the Administrative Procedure

Summary/Abstract: The UN Convention on the Rights of Persons with Disabilities in Article 19 recognizes „the equal right of all persons with disabilities to live in the community, with choices equal to others“, which envisions a fundamental change in the support for persons with disabilities. The proclaimed right envisions a form of life alternative to the institutional environment, such as homes for the elderly and persons with disabilities or psychiatric hospitals. Personal assistance is provided as an instrument in the Personal Assistance Act, aimed at supporting users of personal assistance in exercising their fundamental rights, having opportunities for choice, independent living, active inclusion and participation in society, and access to services and activities. It is a support mechanism for full participation in society, for carrying out activities corresponding to individual needs of a personal, domestic, or social nature, and for overcoming the barriers of functional limitations. Through the provision of personal assistance, users of personal assistance are supported in exercising their fundamental rights, having opportunities for choice, independent living, active inclusion and participation in society, and access to services and activities. The present article examines the conditions and the procedure for inclusion in the personal assistance mechanism as administrative procedural actions of interested parties. Conclusions and recommendations are made for improving the support mechanism for persons with disabilities.

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