Commissioner for Human Rights

The CHR, as the body that monitors the implementation of the provisions of the Convention on the Rights of Persons with Disabilities, was pleased to receive information about the opening of public consultations on the Government's draft law on personal assistance for persons with disabilities. At the same time, the Commissioner draws the attention of the Minister to the issues which appear to be crucial to the draft law and which require a broader analysis.

The assistance service will range from 30 to 240 hours monthly for persons over 18 years old, and from 30 to 80 hours for persons between 13 and 18 years old. It seems that this will be insufficient for some beneficiaries. This means an average of about 8.5 hours per day. Some people with disabilities may require 24-hour support.

It is also questionable to differentiate the situation of 13 to 18 year olds compared to adults. The granting of personal assistance to minors will be on the basis of a detailed disability certificate. Their eligibility for assistance is based on a system that does not allow for precise matching of assistance. The number of hours of assistance is clearly unsatisfactory: a person aged between 13 and 18 will be able to benefit from a maximum of 20 hours per week and less than three hours per day. 

The Commissioner highlights the need for a reform of the disability assessment system for benefits and non-benefit purposes. At present, there are seven different systems for assessing disability. To this day, efforts to unify the system have not been successfully implemented.

The restriction of personal assistance to people under 65 needs to be reconsidered. This is based on the stereotypical assumption that older people do not remain in employment or return to the labour market. The age limit should not be a caesura for the availability of personal assistance services. The age limit introduced should take into account other measures to support older people.

According to the draft, an assistant to a person with a disability will not have to demonstrate experience and will meet one of the requirements for assistants, who will also be recruited by implementers after six months of work.

The CHR is concerned about allowing people without ‘any particular experience’ to provide assistants. While confidence in the assistant is crucial, this must not completely overshadow the substantive preparation of the assistant to provide the service. If people who are completely untrained are admitted, it is impossible to foresee the scale and magnitude of the potential consequences, which may endanger health and life and distort the institution of personal assistance.

In addition, the draft law does not provide for the possibility for a person with a disability to submit an application in a non-digital form. Complaints to the CHR indicate that the inability to submit a paper application is a challenge for some persons with disabilities, especially given the need for digital literacy and authentication tools such as a trusted profile.

CHR Marcin Wiącek asks the Minister to take these comments into account in his work on the project. He also requests to be informed about further actions and decisions taken.

https://bip.brpo.gov.pl/pl/content/rpo-projekt-asystencji-osobistej-opinia-mrpips