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

1. This Act aims to realize the rights of persons with disabilities in all areas of life with the objective of enabling them to lead a self-determined and autonomous life.

2. It specifically protects persons 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 of the cantonal legislation on the rights of persons with disabilities and the procedures for their enforcement, as well as provisions for implementation.

1. Persons with disabilities include individuals who have long-term physical, mental, intellectual, or sensory impairments which, when interacting with various barriers, may hinder their full, effective, and equal participation in society.

2. Discrimination means a legal or actual unequal treatment of an individual due to a disability, or the omission of actions with the aim or consequence of placing them at a disadvantage.

1. Persons must not be directly or indirectly disadvantaged on account of their disability.

2. The canton, municipalities, public task-bearers, and providers of publicly accessible services shall take appropriate measures to prevent, eliminate, or reduce disadvantages for persons with disabilities.

3. The entities mentioned in paragraph 2 shall take into account the specific risks of disadvantage that persons with disabilities are exposed to if they possess an additional characteristic according to § 8 paragraph 2 of the Cantonal Constitution.

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

**2. Measures in favor of people with disabilities must be designed in such a way that they enable a life as self-determined and self-responsible as possible.**

1. The entities referred to in § 4 paragraph 2 shall take appropriate measures to make their services accessible to persons with disabilities and thus prevent their disadvantage.

2. They shall communicate with persons with disabilities in a manner understandable to them.

3. Upon request from persons with disabilities, they shall ensure that the assistance required in the specific case, such as sign language interpreters, documents in an understandable language, or oral explanations, is made available.

4. The information and communication technologies, including the Internet, used by the entities as per § 4 paragraph 2 must be accessible to persons with speech, hearing, and visual impairments as well as motor disabilities.

1. Public and private interests that conflict with the rights enshrined in this law and in the 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, particular consideration shall be given to the following public interests

a) environmental protection;

b) conservation of nature, heritage, and monuments;

c) traffic and operational safety.

3. On the part of the entities referred to in § 4 paragraph 2, particular consideration shall be given to the following interests

a) the economic expenditure, particularly the financial burden and its reasonableness;

b) the expenditure for additional operational processes;

c) the impact on the competitiveness of the entity.

4. On the part of persons with disabilities, particular consideration shall be given to the following interests

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

b) the availability of comparable alternatives;

c) the number of affected persons with disabilities.

5. No measure shall be imposed whose economic expenditure for the entity referred to in § 4 paragraph 2 is unreasonable.

1. Any person affected by discrimination by an entity listed in § 4 paragraph 2, or an organization under § 10, may apply to the administrative authority or the court for

a) a prohibition of an impending discrimination;

b) the elimination of an existing discrimination;

c) a determination of discrimination.

2. If the claim cannot be implemented with proportionate measures, appropriate alternative solutions may be adopted.

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

1. Cantonal organizations that pursue an ideological objective and have been advocating for the concerns of persons with disabilities for at least five years may independently assert the legal claims under this law and the disability-related provisions of the special legislation, provided that the alleged discrimination could impact a large number of persons with disabilities.

2. The government council designates the disabled 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 establishes the key focuses of the canton for the realization of the rights of persons with disabilities, involving the departments, and reports once per legislative session.

1. The canton establishes an office under the name Office for the Rights of Persons with Disabilities. It may operate jointly with other cantons on the basis of an inter-cantonal agreement.

2. The Office for the Rights of Persons with Disabilities shall, in particular, perform the following tasks

a) It monitors and coordinates the implementation of this law and the disability-related provisions of federal and cantonal special legislation.

b) It advises the bodies listed in § 4 para. 2 on implementation.

c) It ensures the involvement of departments in the development of the rights of persons with disabilities within the canton.

d) It maintains exchanges with other communities as well as with persons with disabilities and their organizations concerning the rights of persons with disabilities.

e) It develops priorities for the attention of the government council.

f) It promotes awareness among the population and the economy about the rights of persons with disabilities.

g) It serves as a contact point for concerns of persons with disabilities.

h) It periodically reports to the government council on its activities.

1. The competent authority may issue recommendations to the bodies listed in § 4 paragraph 2.

2. The addressee of a recommendation shall declare to the competent authority whether and to what extent they will comply with the recommendation.

1. The units of the canton and the municipalities, as well as the organizations that perform public duties, shall inform the specialized agency at an early stage about legislative projects and other administrative actions of significant importance for the rights of persons with disabilities.

1. The Executive Council issues the necessary implementing provisions by way of ordinance.