Act on the Rights of Persons with Disabilities (Disability Rights Act BL, BRG BL) - Purpose

1. This law aims to realize the rights of people with disabilities in all areas of life and thereby enable them to lead a self-determined and self-responsible life.

2. It specifically protects people with disabilities from being disadvantaged in the exercise of their fundamental and human rights, as enshrined in international law, the Federal Constitution, and the Cantonal Constitution, due to their disability.

1. This law contains the fundamental provisions regarding the rights of persons with disabilities and the procedure for their enforcement, as well as provisions for implementation.

2. It is supplemented and specified by the remaining cantonal legislation for the respective areas of life with specific provisions. These are to be interpreted in accordance with the present law.

3. The provisions of Sections 2 and 3 of this law apply directly when the remaining cantonal legislation provides a less extensive protection of persons with disabilities.

4. The municipalities specify the implementation of this law for their area of autonomy in a regulation.

1. "Persons with disabilities" within the meaning of this law are individuals who have long-term physical, mental, psychological, or sensory impairments which, in interaction with various barriers, may hinder their full, effective, and equal participation in society.

2. "Discrimination" means a legal or factual unequal treatment of a person on the basis of a disability or the omission of such, which leads to their disadvantage.

3. Discrimination can also occur if the necessary reasonable measures to prevent, eliminate, or reduce it are not taken.

1. The canton, the municipalities, the entities responsible for state tasks, and the providers of publicly accessible services may not disadvantage people due to their disability or due to the disability of a person with whom they have a close relationship.

2. They shall take appropriate measures to prevent, eliminate, or reduce the disadvantages faced by people with disabilities.

3. They shall take into account the particular risks of disadvantage to which children, elderly people, and those individuals with disabilities who belong to another group that is particularly protected under § 7 para. 2 of the Constitution of the Canton of Basel-Landschaft are exposed.

1. The canton and municipalities shall promote the equal participation of persons with disabilities in all areas of life, particularly in work, education, culture, housing, communication, mobility, health, and leisure.

2. Support measures for the benefit of persons with disabilities shall be designed in such a way that they are enabled to lead a life that is as self-determined and self-responsible as possible.

3. Persons with disabilities shall be involved in the design of support measures.

1. The canton, municipalities, public task bearers, and providers of publicly accessible services take appropriate measures to make their services accessible to people with disabilities, thereby preventing, eliminating, or reducing their disadvantage. They take into account the culture of the deaf.

2. They communicate with people with disabilities in a manner that is understandable to them.

3. Upon request from people with disabilities, the canton provides the necessary assistance for its services in the specific case, such as sign language interpretation, documents in simplified language, or oral explanations.

4. The canton typically publishes and communicates digital information and services for people with hearing or visual impairments, as well as cognitive or motor disabilities, in an accessible manner.

5. The government council regulates the standards.

1. Public and private interests that conflict with the rights enshrined in this law and in special legislation may justify their restriction to the extent that they outweigh the interests in the actual equality of persons with disabilities.

2. In assessing the proportionality of a restriction under paragraph 1, the following public interests, in particular, must be considered

a. environmental protection;

b. preservation of nature, homeland, and monuments;

c. traffic and operational safety.

3. On the part of the canton, the municipalities, the carriers of public responsibilities, and the providers of publicly accessible services, the following interests, in particular, must be considered

a. the economic effort, particularly the financial burden and reasonableness;

b. the effort for additional operational processes;

c. the impact on competitiveness.

4. On the part of persons with disabilities, the following interests, in particular, must be considered

a. the nature and significance of the claim in question;

b. the severity or duration of their impairment;

c. the availability of comparable alternative options;

d. the number of potentially affected persons with disabilities.

**1. Any individual who has been subject to discrimination by the canton, municipalities, public task bearers, or providers of publicly accessible services, or who represents an organization pursuant to § 10, may apply to the court or administrative authority to:**

a. prevent any imminent discrimination;

b. eliminate or reduce existing discrimination;

c. ascertain a discrimination.

**2. A claim against private providers of publicly accessible services exists only to the extent that the law imposes an obligation on them.**

**3. If the claim cannot be implemented with proportional measures, appropriate substitute measures shall be ordered. If such measures are not possible, the discrimination shall be ascertained.**

1. In proceedings under cantonal law, discrimination is presumed if it is credibly demonstrated by a party.

1. Organizations with a focus on self-help for the disabled that pursue an ideological objective and have been active in Switzerland for at least 5 years can independently assert legal claims under this law and the disability-related provisions of other cantonal legislation, provided that the alleged discrimination is significant.

2. The Government Council designates the organizations entitled to file lawsuits and complaints.

1. The legal recourse is governed by the general provisions concerning the administration of justice or by the applicable special procedural regulations.

1. The Government Council periodically sets the priorities for the Canton to realize the rights of persons with disabilities.

1. The Canton establishes a contact point for the rights of persons with disabilities. It may operate this contact point jointly with other Cantons on the basis of a state treaty.

2. The Government Council determines the administrative assignment of the contact point. It does not assign the contact point to any administrative unit that itself primarily and directly handles tasks closely related to persons with disabilities.

3. The Government Council appoints the head of the contact point.

1. The Office for the Rights of Persons with Disabilities has the following responsibilities

a. It serves as the point of contact within the cantonal administration for issues concerning disability equality.

b. It monitors and coordinates the implementation of this law and other disability rights provisions of the federal and cantonal governments and advises the relevant departments of the cantonal administration responsible for these matters.

c. It maintains communication with other public entities as well as with persons with disabilities and their organizations on issues related to the rights of persons with disabilities.

d. In collaboration with the relevant administrative units, it prepares the priorities of the canton for the realization of the rights of persons with disabilities for the attention of the government council. These are reflected in the long-term planning and the task and financial plan.

e. It promotes awareness of the rights of persons with disabilities within the state, economy, and society.

f. It periodically reports to the government council on its activities and submits its recommendations. The report is published.

1. The offices of the cantonal administration shall inform the contact point at an early stage about legislative projects and other administrative actions of significant importance for the rights of persons with disabilities.

2. The contact point may issue recommendations on these matters.

3. It is an addressee in the cantonal legislative procedures.

1. Municipalities shall inform the contact point at an early stage about legislative projects and other administrative actions of significant importance to the rights of persons with disabilities.

2. The contact point may, upon request, provide recommendations on these matters. Further consultations are subject to fees.