Supported and training housing for people with disabilities. The Commissioner for Human Rights comments on legislative amendments
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The Commissioner for Human Rights (CHR) submitted his opinion on the draft amendments to the Social Assistance Act and other acts to the Marshal of the Senate. In the document, the CHR welcomed the amendment initiative, especially in relation to the standardisation of sheltered housing. This is a positive step, in particular in response to the demands of persons with disabilities and their organisations for a differentiation between sheltered and supported housing, adapted to the needs of different groups of addressees.
Nevertheless, the Commissioner stressed the need for an in-depth analysis of the proposed solutions and their possible modification. In particular, he raised the issue of the exclusion of persons requiring 24-hour care services from the group of persons entitled to assisted and supported housing. He pointed out that such a list could be questionable, especially in the context of equal treatment of disabled persons with different types of limitations.
In this context, the CHR pointed out possible contradictions with the "Strategy for Persons with Disabilities 2021-2030", which states that sheltered housing should be primarily targeted at persons who need intensive, round-the-clock support. The question also arises as to who will be responsible for assessing whether or not a person already requires the services of a 24-hour care unit.
The Commissioner’s opinion also focused on the nature of supported and training housing as a form of meeting housing needs. He drew attention to the discrepancy between the intended and actual rules, which introduce fixed-term contracts. This can affect residents' sense of stability and the perception of these homes as an institutional form.
The right to choose where to live, which the CHR considers to be in line with Convention standards, is also an extremely important issue. He emphasised that sheltered and training housing should not restrict this right and should allow persons with disabilities to choose their partners and living arrangements.
The separation of the rules governing the operation of sheltered and residential accommodation by different bodies also raises concerns. The CHR suggests avoiding dualism and developing a funding mechanism that would encourage local authorities to be proactive in this area.
The last remark concerns the systemic regulation of neighbourhood services, which are an important element of the project. The Commissioner emphasises that although neighbourly assistance is a valuable initiative, its regulation should be strictly related to the principles of social coexistence and the applicable law in order to avoid unforeseen consequences.
These comments by the CHR underline the importance of equal treatment, the right of choice, stability of residence, and other aspects that are crucial for persons with disabilities.
