ПОЛОЖАЈ ОСОБА СА ИНВАЛИДИТЕТОМ У МЕЂУНАРОДНИМ ДОКУМЕНТИМА И ДОМАЋЕМ ЗАКОНОДАВСТВУ
THE STATUS OF PERSONS WITH DISABILITIES IN INTERNATIONAL DOCUMENTS AND IN NATIONAL LEGISLATION

Summary/Abstract: Keeping in mind that individuals with disabilities make up more than 10% of the world’s population, it has become more apparent that the efforts of the international community to adopt adequate legal documents has influenced national lawmakers to create a better legal framework for the protection of the status of this marginalized group. Furthermore, the dilemma remains who can be recognized as an individual with disabilities and how the government should recognize them, in order to ensure they are provided adequate help. Within our legal system there were many laws and other acts which protect individuals with disabilities. It is indisputable that the Act on professional rehabilitation and employment of individuals with disabilities has brought on numerous and perhaps even revolutionary developments in this sphere even though the results of the application of this Act will be more apparent in the decades to come considering that it has produced significant results even at present. Primarily, the public attention focuses on persons with disabilities in regard to their employment, education, professional rehabilitation, and other positive and beneficial activities. In this sense, it is the obligation of the employer to employ a certain number of individuals with disabilities. This obligation can only be replaced by a different obligation, i.e. the obligation to pay fees – as per a stated amount (penalty fees) to a specially formed fund, which is then used to help individuals with disabilities. The future of this law and some others concerning assistance to individuals with disabilities is laid out in the need to further develop and broaden the ability and capacity of the law to provide for their right to employment and for further social affirmation and engagement of this inadequately protected group.

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