MÓŁKA v. POLAND DECISION 9 It further provides that in each municipality there must be at least one local electoral commission with premises adapted to the needs of disabled persons. (c) Presidential elections Section 54 of the Law of 27 September 1990 on Elections of the President of the Republic of Poland (ustawa o wyborze Prezydenta Rzeczypospolitej Polskiej) contains a similar provision to section 46 of the Local Elections Act (see above). 6. Construction Act Section 5 of the Construction Act (Prawo budowlane) of 7 July 1994, which entered into force on 1 January 1995, requires, inter alia, that public buildings and blocks of flats constructed henceforth must secure the necessary conditions for their use by people with disabilities, in particular those in wheelchairs. 7. Council of Europe texts (a) Recommendation No. R (92) 6 of the Committee of Ministers, of 9 April 1992, on a coherent policy for people with disabilities urges Member States of the Council of Europe to “guarantee the right of people with disabilities to an independent life and full integration into society, and recognise society’s duty to make this possible” so as to ensure “equality of opportunity” for people with disabilities. The public authorities should aim, inter alia, to enable people with disabilities “to have as much mobility as possible, and access to buildings and means of transport” and “to play a full role in society and take part in economic, social, leisure, recreational and cultural activities”. As regards social integration in particular, Recommendation No. R (92) 6 states: “Legislation should take account of the rights of people with disabilities and contribute, as far as possible, to their participation in civil life. When people with disabilities are not able to exercise their citizens’ rights fully, they should be helped to participate as far as possible in civil life, by means of appropriate assistance and measures.” (b) Recommendation 1185 (1992), adopted by the Parliamentary Assembly of the Council of Europe on 7 May 1992, on rehabilitation policies for the disabled, emphasises: “Society has a duty to adapt its standards to the specific needs of disabled people in order to ensure that they can lead independent lives.” In furtherance of that aim, it calls on the governments and agencies concerned “to strive for and encourage genuine active participation by disabled people ... in the community and society” and, to that end, “to guarantee ease of access to buildings”.

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