The Public Defender of Georgia addressed the Ministry of Labour, Health and Social Affairs of Georgia with the recommendation to provide appropriate amendments to the decree No.74 of the Government of Georgia “On approval of the state program of social rehabilitation and child care of 2013”, dated March 28, 2013, which takes into consideration the objective reality and promotes equal access to the state programs for the persons with disabilities.

On April 23, 2013, the legal representatives of the persons with disabilities, the members of “Association for People in Need of Special Care” addressed the Public Defender with open letter.

According to the explanation of the citizens, their children are the persons with mental retardation and were the beneficiaries of the social therapy house (day center) existing within the above mentioned organization. The therapy house is funded by the donor organizations. Since 2005 the day center has also been funded within the scope of the state program.

According to the information of the applicants, based on the decree No.74 of the Government of Georgia “On approval of the state program of social rehabilitation and child care of 2013”, dated March 28, 2013, the number of the day center service vouchers has been decreased for the adult beneficiaries with disabilities, accordingly - 37 persons remained without service.

The authors of the open letter note that as the result of the amendment made to the decree, the families of the persons with disabilities and their legal representatives faced serious problems, therefore the economic condition of the families deteriorated and social package can become the only source of income for the persons with disabilities.

The individuals with mental retardation require constant supervision, their isolation is dangerous. The day center service represents essential and necessary alternative for care and supervision of these persons. Especially in the cases when the family member of the person with disability and / or the legal representative is employed.

The parents of the children with disabilities addressed the Public Defender on the shortcomings occurred during implementation of the children’s rehabilitation subprogram stipulated by the same decree.

The examination of the above application revealed that the length of rehabilitation course set by the subprogram is not sufficient for specific rehabilitation, improvement of physical health, strengthening of adaptive capacities and promotion of social integration of children. In addition, parents will not accept the rule of funding prescribed by the subprogram, according to which the part of the beneficiaries, who are not the children of the families registered in the unified database of the vulnerable families, whose rating score does not exceed 100 000 by the moment of inclusion in the subprogram, the voucher will be financed by 75% of the appropriate limit. Due to hard economic conditions, the applicants request for modification of rule of co-funding and issuance of the voucher not according to the poverty level, but based on the status of person with disability.

The Public Defender considers that the requirements of international and national legislation are neglected towards certain groups of people with disabilities in the above-mentioned cases