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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