Ombudsmen.gov.ba - Transport remuneration to work in Canton Sarajevo in relation to the protection of the rights of persons with disabilities

Press statement | 05.10.2018

Transport remuneration to work in Canton Sarajevo in relation to the protection of the rights of persons with disabilities

Disabilities, Illustration

Ombudsmen for Human Rights of Bosnia and Herzegovina (hereinafter: Ombudsmen) received an appeal (Ž-SA-02-386/18) N.N. (hereinafter: the appellant), which relates to the exercise of the right to remuneration for transport to work and from the work of employees in public institutions, public institutions, funds and enterprises founded and co-founded by Canton Sarajevo, or the Decree on the method of exercising rights on compensation for transport to work and from the work of employees in public institutions, public institutions, funds and enterprises founded and co-founded by Sarajevo Canton ("Official Gazette of Sarajevo Canton" No. 44/17), hereinafter referred to as: (Regulation).

The specific case of the applicant is considered from the aspect of the protection of the rights of persons with disabilities in the light of the UN Convention on the Rights of Persons with Disabilities (House of Representatives of the Parliamentary Assembly of BiH at its 65th session, held on December 7, 2009, gave its consent to the ratification of the UN Convention on the Rights of Persons Disability and Optional Protocol). The complainant, as a person with a disability, is a difficult movement, which can not be expected to come to work on foot. The realization of the rights guaranteed by the UN Convention on the Rights of Persons with Disabilities implies a duty of the State to do everything to facilitate the lives of people with disabilities and to enable full participation in all aspects of life, work and community involvement. In order to enable people with disabilities to have independent life and full participation in all areas of life, appropriate measures must be taken to ensure that they have access to an equal basis with other persons, including jobs.

Ombudsmen are of the opinion that given the sensitivity of the population of people with disabilities, which, even in the circumstances when employed, encounter many obstacles in accessing the workplace, additional attention should be paid to regulating this topic. The Ombudsman's opinion is based on complaints received by persons with disabilities regarding the employment problems of this category and the inability to adequately control the legal obligation of all employers to pay a certain fee to the Vocational Rehabilitation and Employment of Persons with Disabilities Fund of the Federation of Bosnia and Herzegovina in the event of non-employment of the disabled person Herzegovina. Bearing in mind the above, and taking into account the fact that the Ombudsperson Institution-related regulation has issued a recommendation (Ž-SA-04-1121/17; P-71/18), the issue of travel allowance for persons with disabilities should be addressed in particular.

On 04/11/2018. Recommendation P-88/18 was sent to the Government of the Canton Sarajevo, whereby, when regulating the issue of transport compensation for employees in public institutions, public institutions, funds and enterprises, founded and co-founded by Sarajevo Canton, takes into account the needs of persons with disabilities and allow disabled people the appropriate transport allowance, regardless of the distance from the place of work from the place of residence. From the available information available on the website of the Canton Government of Sarajevo, it is evident that the Government of the Canton Sarajevo at the 124th Session held on 03.05.2018. The Law on the Application of the Decree on the Method of Reimbursement of the Right to Transfer to Work and the Work of Employees in Public Institutions, Funds and Enterprises Co-founded by Canton Sarajevo No. 02-05-20869-7/17 of 03.05.2018.

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