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Lithuania. Law on Social Integration of the Disabled, 1991

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LITHUANIA

LAW ON THE SOCIAL INTEGRATION OF THE DISABLED

No. I-2044  

28 November, 1991

(Unofficial translation)


INDEX

CHAPTER 1- GENERAL PROVISIONS

CHAPTER 2- ESTABLISHMENT OF DISABILITY; DISABILITY STATISTICS 

CHAPTER 3- MEDICAL, VOCATIONAL AND SOCIAL REHABILITATION FOR DISABLED PERSONS AND THEIR MEDICAL, SOCIAL AND TECHNICAL SERVICES 

CHAPTER 4- DEVELOPMENT, EDUCATION AND VOCATIONAL GUIDANCE FOR THE DISABLED, THEIR CULTURAL AND SPORTS ACTIVITIES 

CHAPTER 5- INTEGRATION OF THE DISABLED INTO WORK 

CHAPTER 6- MATERIAL GUARANTEES FOR THE DISABLED 

CHAPTER 7- ORGANIZATIONAL GUARANTEES FOR THE SOCIAL INTEGRATION OF THE DISABLED, FINANCING OF SOCIAL SECURITY FOR THE DISABLED, THE INVALID FUND

CHAPTER 8- CONTROL OF THE IMPLEMENTATION OF THIS LAW; SETTLEMENT OF DISPUTES OF DISABLED PERSONS; LIABILITY FOR THE VIOLATIONS OF THIS LAW 

RESOLUTION ON THE PROCEDURE OF ENFORCEMENT OF THE LAW OF THE REPUBLIC OF LITHUANIA ON THE SOCIAL INTEGRATION OF THE DISABLED (No. I-2-2045)


The Supreme Council of the Republic of Lithuania, following both the Basic Provisional Law of the Republic of Lithuania and the principles of humanism and justice, seeking to implement the rights of the disabled as guaranteed in international documents, and recognising that integration of the disabled into social and state life is an indicator of civilisation, adopts this Law.

CHAPTER 1- GENERAL PROVISIONS

Section 1- Objectives of the Law 

1. The Law on the Social Integration of the Disabled shall regulate the establishment of disability, medical, vocational and social rehabilitation for disabled persons, the adjustment of conditions for the disabled, as well as the development and education of the disabled, and shall establish legal, economic and organisational guarantees for the occupational, vocational and social rehabilitation of the disabled. 

2. This Law shall apply to disabled persons who permanently reside in the Republic of Lithuania and have been recognised as disabled in accordance with the regulations set forth in Chapter 2 therein. 

Section 2- Principles of Social Integration of the Disabled 

1. In the Republic of Lithuania, the disabled, regardless of the cause, character and degree of the manifestation of their disability, shall be entitled to the same rights as other residents of the Republic of Lithuania. The state shall provide additional assistance and guarantees to disabled persons who cannot exercise their rights independently. 

2. Public and State structures shall be open to the disabled. Disabled persons shall participate in deliberation of all questions connected with their life and activities. 

3. Disabled persons shall be protected from all types of exploitation, discrimination and abusive or scornful behaviour. 

4. Disabled persons shall live in families or in environments which compensate them, and may not be put into special medical institutions or institutions of care and welfare without their consent or without the consent of their parents or guardians. 

5. Disabled persons shall receive medical, functional, psychological and pedagogical assistance in their place of residence, with the exception of cases, which necessitate the provision of assistance in special institutions. 

6. Disabled persons shall be developed and educated; they shall gain a profession, shall work and engage in useful activities according to their ability, interests and opportunities. 

7. During the preparation of Governmental and other national programmes, specific needs of the disabled shall be taken into consideration. 

8. The disabled, their parents and guardians, as well as public organisations of disabled persons shall be provided with information and skilled consultation concerning their rights and legitimate interests. 

9. Disabled persons shall perform their duties according to their ability, skills and knowledge. Disability does not exempt an individual from liability for his or her actions, with the exception of cases provided for in laws. 

10. The Republic of Lithuania shall develop and promote international co-operation for the solution of disability problems. 

CHAPTER 2- ESTABLISHMENT OF DISABILITY; DISABILITY STATISTICS 

Section 3- Disability 

1. Disability is the condition of an individual, as established by competent institutions, which due to a congenital or acquired physical or mental defect, totally or partially incapacitates the individual from taking care of his private or social life, from enjoying his rights and from fulfilling his duties. 

2. According to the degree of manifestation, disability shall be divided into three groups (I, II and III). The loss of general or vocational capability to work shall be expressed in percentage. 

3. Medical and social criteria of disability shall be regulated by the Ministry of Health and the Ministry of Social Security of the Republic of Lithuania. 

Section 4- Establishment of Disability 

1. Disability shall be established 

2. Commissions establishing disability shall adopt decisions concerning the following questions: 

3. The decisions of commissions establishing disability shall be obligatory for institutions (boarding homes), services of social security of local governments, employers, institutions of development, training, and special institutions of medical, vocational and social rehabilitation of the disabled, the disabled themselves, and their parents and guardians. 

Section 5- Participation of Concerned Persons during the Establishment of Disability 

During the establishment of disability, the following individuals may participate with the right of a consultant: the physician treating the individual, the representatives of employers, institutions of development and training, institutions of social care and welfare (boarding homes), services of social security of local governments and public organisations of the disabled. The procedure for their participation shall be regulated by the bylaws of the commissions establishing disability. 

Section 6- Certificates of Disability 

1. The certificate of disability shall be the document confirming disability and providing the possibility to enjoy the rights, guarantees and privileges secured in this Law, other laws and executive acts. 

2. The form of a disability certificate and the procedure for its issuance or confiscation shall be regulated by the Ministry of Social Security of the Republic of Lithuania. 

Section 7- Disability Statistics 

1. Disability statistics shall be compiled regularly. The forms and procedure of statistical computation shall be approved by the Department of Statistics under the Government of the Republic of Lithuania on the recommendation of the Ministry of Social Security. 

2. Public organisations of disabled persons may conduct a public calculation of disablement. They shall have the right to receive information according to the procedure established by law from state statistical institutions as well as from other services. 

3. Statistics of disablement shall be made public if the laws do not provide otherwise. 

CHAPTER 3- MEDICAL, VOCATIONAL AND SOCIAL REHABILITATION FOR DISABLED PERSONS AND THEIR MEDICAL, SOCIAL AND TECHNICAL SERVICES 

Section 8- The Objective and Means of Medical, Vocational and Social Rehabilitation for Disabled Persons 

1. The objective of medical, professional and social rehabilitation for disabled persons is the removal, alleviation, or stabilisation of disability, the development of their physical and mental abilities, their integration into work, professional and public life. 

2. Medical means of rehabilitation for the disabled shall medical care, treatment at hospitals, sanatoriums, special institutions and at home, the supply of medication, recreational therapy of motion, speech, and hearing, as well as occupational and other kinds of therapy. 

3. Vocational and social means of rehabilitation for the disabled shall include: assistance in acquiring profession, speciality and trade, the creation and protection of a work place, retraining, qualification improvement, prosthetic aid, provision of orthopaedic means and deaf-mute and blind facilities as well as other compensation facilities, aid for the disabled to adapt to life, as well as psychological and other aid, and adaptation of conditions for both specific and additional needs of disabled persons. 

Section 9- Implementation of Medical, Vocational and Social Rehabilitation for the Disabled 

1. The implementation of medical, vocational and social rehabilitation for the disabled shall be carried out by: medical institutions, social security services of local governments, institutions of social care and welfare (boarding homes), institutions of development and education, the Labour Exchange, employers, public organisations of disabled persons and enterprises belonging to them, special institutions of medical, professional and social rehabilitation of the disabled, as well as other institutions and organisations. 

2. Individuals who carry out medical, professional and social rehabilitation of the disabled shall collaborate in the organisation and implementation of an individual program for the rehabilitation of the disabled, shall inform the public as well as disabled persons themselves about the means which aid in the integration of the disabled into work, professional, and public life, and shall effectively use the experiences of other countries and engage in international co-operation. 

3. The activities of medical, professional and social rehabilitation of disabled persons shall be organised and co-ordinated by the physician treating the disabled (rehabilitation specialist) as well as by social security services of local governments. 

Section 10- Provision of Medical and Social Services to the Disabled 

1. Medical and social aid for the disabled shall be provided in general and special treatment institutions, institutions of development, education, social care and welfare (boarding homes), as well as at home. 

2. Health institutions shall provide aid to the disabled on a priority basis. 

3. Upon the wish of disabled persons, their parents or guardians, medical and social aid shall be provided in special public social care and welfare institutions (boarding homes) or in private institutions of social care and welfare (boarding homes) belonging to religious and other public organisations. 

4. Disabled persons for whom the necessity of permanent nursing has been established shall be provided medical and social aid at home, with the exception of cases when it is necessary to provide such aid in special institutions. 

5. Provision of medical and social aid for the disabled shall be organised by the physician treating the disabled and by social security services of local governments. 

Section 11- Prosthetic Aid for the Disabled, their Provision with Orthopaedic Means, and Deaf-mute, Blind, and other Compensation Facilities 

1. The procedure and terms for the provision of prosthetic aid and the supply of orthopaedic means, deaf-mute and blind facilities and other compensation facilities to the disabled shall be established by the Government of the Republic of Lithuania. 

2. The Ministry of Social Security shall organise prosthetic aid, provision of orthopaedic means, deaf-mute and blind facilities, as well as other compensation facilities for the disabled. 

Section 12- Requirements for the Planning, Construction and Reconstruction of Towns, Settlements, Public Buildings and Dwelling Houses 

1. Upon the planning, construction, and reconstruction of streets, squares, parks, parking lots, lines of communication, public buildings, institutions of treatment, dwelling houses, and cultural or sporting facilities situated in towns or settlements, it is necessary to adapt them for the specific needs of the disabled. Such requirements shall be established by the Government of the Republic of Lithuania. 

2. The aforementioned objects, which have been built, reconstructed or expanded, shall be adopted for exploitation only upon the fulfilment of adaptation requirements for the specific needs of the disabled. 

3. The Government of the Republic of Lithuania as well as local governments shall ensure the implementation of the aforementioned requirements. 

Section 13- Programs for the Medical, Vocational and Social Rehabilitation of the Disabled Incentive for Providing the Disabled with Compensation Facilities 

1. The Government of the Republic of Lithuania shall prepare and implement the governmental programs and local governments shall prepare and implement territorial programs for the medical, vocational and social rehabilitation of the disabled. 

2. Privileges prescribed by laws and acts of the Government of the Republic of Lithuania and local governments shall be applicable for enterprises, which produce compensation facilities for the disabled. 

CHAPTER 4- DEVELOPMENT, EDUCATION AND VOCATIONAL GUIDANCE FOR THE DISABLED, THEIR CULTURAL AND SPORTS ACTIVITIES 

Section 14- Development, Education and Vocational Guidance for the Disabled 

1. Disabled persons shall be developed and educated in institutions of development and education situated in their place of residence, at home, or in special institutions taking their abilities, interests, and physical and mental conditions into consideration. 

2. If the commissions establishing disability do not hold otherwise, institutions of development and education may not refuse to accept a disabled person on the basis of that person's disability. 

3. In accordance with the procedure established by the Ministry of Culture and Education of the Republic of Lithuania, disabled persons shall be provided with special means of development and education; they shall have places designated for studying adapted to them. 

4. Disabled persons shall be developed and educated in special institutions pursuant to the findings of special commissions as well as commissions establishing disability, by the consent of their parents or guardians. 

5. By the consent of their parents or guardians disabled persons shall be developed and educated at home in the event that their development and education in special institutions is not possible. 

6. Disabled persons shall be advised in the election and acquisition of a profession in general and special institutions of development and training in accordance with the program prepared by the Ministry of Culture and Education of the Republic of Lithuania and taking into consideration the capability, interests, and no physical and mental condition of the disabled person. 

Section 15- Promotion of the Development, Education and Vocational Guidance for the Disabled 

1. In accordance with the procedure established by the Government of the Republic of Lithuania and local governments, specialists who work with the disabled shall be granted material incentives. 

2. Allocations shall be paid from the State Budget of the Republic of Lithuania for the preparation of special means of development and education textbooks for the disabled, special programs of development, educational and vocational guidance, as well as for the training of specialists. 

3. In cases when admission to colleges and institutions of higher education is based on equal conditions, the disabled shall be admitted on a priority basis. Colleges, institutions of higher education and public organisations of disabled persons may establish additional favourable terms and procedures for the admission of disabled persons to their respective institutions. 

Section 16- Cultural Activities, Sports and Recreation for Invalids 

1. National and international sports, cultural and recreational events for the disabled shall be organised by the Ministry of Culture and Education, the Department of Physical Training and Sports under the Government of the Republic of Lithuania, and other institutions and organisations, together with public organisations of disabled persons. 

2. Local sports, cultural, and recreational events for the disabled shall be organised by local governments together with public and other organisations. 

3. Organisers of sports, cultural and recreation programmes and events must adapt them for the specific needs of the disabled, taking into consideration economic and technical capacities. 

4. Medical requirements for sports for the disabled shall be established by the Ministry of Health of the Republic of Lithuania. Recommendations concerning sporting methods for the disabled shall be prepared by the Department of Physical and Training and Sports under the Government of the Republic of Lithuania. 

5. Profit (income) tax reliefs provided for in laws shall be applicable to enterprises having the status of a legal person which allocate part of their profit (income) for the social and medical rehabilitation of the disabled, for the design and manufacturing of technical means provided to the disabled free of charge, or for the satisfaction of their cultural and sporting needs. 

CHAPTER 5- INTEGRATION OF THE DISABLED INTO WORK 

Section 17- Employment of the Disabled 

1. Disabled persons shall choose jobs taking their physical and mental condition, of the professional skills and interests into account, or shall take up other activities, which are and not prohibited by laws. If a disabled person has the necessary qualifications, an employer may not refuse to employ him or her or discriminate against him or her in any other way for the sole reason of invalidity. 

2. Competent governmental services, taking into consideration the findings of the commissions establishing disability concerning the conditions and character of work for disabled persons, shall issue permits (licenses) on a priority basis enabling them to engage in economic-commercial activities or other types of activities and business, which is not prohibited by law, in cases when such permits (licenses) are necessary. In accordance with the procedure established by the Government of the Republic of Lithuania, disabled persons may be provided credits on favourable terms for engagement in the aforementioned activities or organisation of business. 

Section 18- Hiring Disabled Persons 

1. Disabled persons shall either be employed in ordinary working places or in working places furnished specially for them. Requirements for the working places of disabled persons shall be established by the Ministry of Health and the Ministry of Social Security of the Republic of Lithuania. 

2. For the employment of the disabled and on the recommendation of the Labour Exchange, local governments shall, on a yearly basis, establish for employers quotas for the employment of the disabled or for the establishment of additional working places which shall comprise no less than 2 percent of the total number of employees if the latter is not less than 50. 

3. The Labour Exchange may equate the employment of one disabled person whose integration into work requires particular efforts of the employer with the employment of no more than three disabled persons. 

4. Employers who do not fulfil the quotas for the employment of the disabled or for the establishment of additional working places for the disabled shall pay additional contributions to the Employment Fund in the manner prescribed by the Law of the Republic of Lithuania on the Employment of Residents. The payment of additional contributions shall not exempt employers from the obligation to employ disabled persons. 

5. If the Labour Exchange or disabled persons have not applied for employment, employers may employ other persons in working places reserved for disabled persons under fixed period employment contracts which shall be terminated when the need to employ disabled person turns up. 

6. Employers who fill the quotas for the employment of the disabled or for the establishment of additional working places may receive subsidies from the Employment Fund for the establishment, furnishing and adaptation of working places for disabled persons. 

7. Pursuant to the decision of commissions establishing disability, employers must either hire persons who become disabled due to occupational injury or vocational disease while working in the enterprise, institution, or organisation of said employers, or transfer such persons to another job which corresponds to the condition of their health. 

Section 19- Restrictions on Dismissing Disabled Persons from Work  

Employers may only dismiss incapable disabled employees on their own initiative upon receiving consent from the local government social security service and sending the disabled employee a 4-month written notice of the anticipated dismissal. Consent from the local government social maintenance service is not necessary if the enterprise is being liquidated by the will of the employer. 

Section 20- Working Conditions, Work Time and Vacation Time for the Disabled 

1. Working conditions shall be created for disabled persons pursuant to the findings of the commissions establishing disability. 

2. If the findings of the commissions establishing disability do not provide otherwise, disabled persons may, on their own wish, be exempt from working overtime, on holidays, rest days and at night. 

3. Disabled persons shall be granted 35 calendar days of annual vacation. Disabled persons, parents of disabled persons, and guardians caring for disabled persons who have been determined to be in need of permanent nursing shall be granted 30 calendar days of unpaid vacation at any desirable time. 

4. If the parents or guardians caring for disabled persons who have been determined to be in need of permanent nursing so wish, they shall be provided by employers with work at home, work according to a flexible schedule, or short working days (weeks). 

Section 21- Incentive for Enterprises Belonging to Public Organisations of Disabled Persons 

1. Tax reliefs as well as privileges prescribed by other laws shall he applicable to enterprises belonging to public organisations of disabled persons. 

2. Privileges and preference rendered in State orders shall be applied to enterprises belonging to public organisations of disabled persons. 

3. The Government of the Republic of Lithuania may grant enterprises belonging to public organisations of disabled persons the exclusive right to produce certain types of production. 

CHAPTER 6- MATERIAL GUARANTEES FOR THE DISABLED 

Section 22- Pensions, Benefits and other Payments for the Disabled and their Parents and Guardians 

1. The amount of pensions and benefits, the procedure for their payment, and other terms shall be established by the Laws of the Republic of Lithuania on the improvement of the Provision of Pensions to Residents, on State Social Insurance, and on Income Security of Residents, as well as by other laws. 

2. Local governments, enterprises, institutions, organisations and public organisations of disabled persons may pay disabled individuals, as well as their parents or guardians, supplementary regular or lump sum benefits as well as other allocations. 

Section 23- Housing Provisions for Disabled Persons 

1. The Government shall assist families in which there are Group I or Group II invalids, as well as disabled children who have been determined to be in need of permanent nursing, in the provision of housing on favourable terms and pursuant to the procedure established by law. 

2. Requirements for the design and construction of invalid housing shall be established by the Government of the Republic of Lithuania. 

Section 24- Privileges for the Disabled and their Parents and Guardians 

1. Disabled persons who have been recognised by the commissions establishing disability as incapable of work and whose family members are also incapable of work shall be compensated for public utilities as well as usage of fuel, electric power and telephone in the amount and procedure established by the Government of the Republic of Lithuania. 

2. Laws, directives of the Government of the Republic of Lithuania, and decisions of local governments shall establish transportation, trade, service, and other privileges for disabled persons and their parents and guardians. 

3. Disabled children, Group I invalids, and persons (one person) accompanying them, as well as persons who became disabled due to the aggression which took place on January 11 - 13, 1991 or the events which followed, shall use all types of government municipal (regional) local transport, with the exception of taxis, frees of charge. They shall receive a 50% discount on intercity transport, with the exception of taxis. 

CHAPTER 7- ORGANIZATIONAL GUARANTEES FOR THE SOCIAL INTEGRATION OF THE DISABLED, FINANCING OF SOCIAL SECURITY FOR THE DISABLED, THE INVALID FUND

Section 25- Public Organisations of Disabled Persons 

1. The main goal of public organisations of disabled persons shall be to represent and defend the rights and legitimate interests of the disabled, their parents and guardians, and to integrate disabled persons into work and public life. 

2. Public organisations of disabled persons shall have the rights of a legal person as well as the right of legislative initiative in the person of their national bodies. 

3. Public organisations of disabled persons shall: 

Section 26- The Lithuanian Council of Invalid Affairs 

1. The Lithuanian Council of Invalid Affairs, functioning under the Government of the Republic of Lithuania, shall strive to provide assistance in the implementation of this Law and other laws, which regulate public relations of the disabled, and to secure the participation of disabled persons during consideration of all issues related to their lives and activities. The bylaws of the Lithuanian Council of Invalid Affairs shall be comprise approved by the Government of the Republic of Lithuania.  

2. The Lithuanian Council of Invalid Affairs shall assist the Government of the Republic of Lithuania in the preparation of the government programme for medical, vocational and social rehabilitation of the disabled, shall control its implementation, shall assist in drafting laws and other standard acts related to the life and activities of the disabled, shall dispose of the Disabled Fund, shall organise international co-operation and shall solve other issues.  

3. Territorial councils of invalid affairs may be established in towns and regions. 

Section 27- Financing of Social Security for the Disabled 

1. The main sources of social security for the disabled shall be the State social insurance funds, the State Budget of the Republic of Lithuania, and local government budgets. 

2. In order to finance social security for the disabled, finds of public organisations of disabled persons, the Disabled Fund, employers, the Employment Fund, charitable organisations, individual persons and other funds may be used. 

Section 28- The Invalid Fund 

The Invalid Fund shall be an additional source for the financing of social security for the disabled which shall be founded and managed by the Lithuanian Council of Invalid Affairs. The procedure for the founding and use of the Invalid Fund shall be established by the Lithuanian Council of Invalid Affairs. In order to supplement the Invalid Fund, the Lithuanian Council of Invalid Affairs may organise lotteries and auctions in accordance with the established procedure. It shall be prohibited to use the capital of the Invalid Fund for purposes, which are not related to social security of the disabled. 

CHAPTER 8- CONTROL OF THE IMPLEMENTATION OF THIS LAW; SETTLEMENT OF DISPUTES OF DISABLED PERSONS; LIABILITY FOR THE VIOLATIONS OF THIS LAW 

Section 29- Control of the Implementation of this Law 

According to their competence, the implementation of this Law shall be controlled by the ministries and departments of the Republic of Lithuania, as well as by local governments and public organisations of disabled persons. 

Section 30- Settlement of Disputes of Disabled Persons

1. Disputes which arise between disabled persons, their parents and guardians and employers, local government social security services, and other institutions and organisations shall be settled in court if laws do not provide otherwise. 

2. Disputes which arise between disabled persons and commissions of medical and social expertise shall be settled by the Conflict Commission under the chief expert of the medical and social examination of the Republic of Lithuania, which shall be comprised of highly qualified expert-physicians, other specialists, and representatives of public organisations of disabled persons. The activities of the Conflict Commission shall be regulated by the bylaws of state commissions of the State Medical and Social Examination. 

Section 31- Liability for Violations of the Law on the Social Integration of the Disabled 

Enterprises and institutions and their officials, as well as citizens and other persons who have violated the provisions of the Law on the Social Integration of the Disabled shall be subject to administrative, criminal, disciplinary or material liability under the laws applicable in the Republic of Lithuania. 

RESOLUTION ON THE PROCEDURE OF ENFORCEMENT OF THE LAW OF THE REPUBLIC OF LITHUANIA ON THE SOCIAL INTEGRATION OF THE DISABLED

No. I-2-2045

28 November, 1991  

The Supreme Council of the Republic of Lithuania resolves: 

1. To establish that the Law of the Republic of Lithuania on the Social Integration of the Disabled shall enter into force on December 15, 1991, with the exception of section 12 of this Law, which shall enter into force on January 1, 1995 and section 14 thereof, which shall enter into force on September 1, 1992. 

2. To commission the Government of the Republic of Lithuania: 

- submit draft amendments and law supplements necessary for the implementation of the Law on the Social Integration of the Disabled to the Supreme Council of the Republic of Lithuania; 

- co-ordinate the acts of the Government of the Republic of Lithuania, ministries and other governmental institutions with the Law on the Social Integration of the Disabled; 

- approve the bylaws of the State Commissions of medical and social examination;

 -establish the procedure and conditions for the provision of prosthetic aid for the disabled, orthopedical means and facilities for the deaf-mute and the blind, as well as other compensatory equipment, and to establish a mechanism for the promotion of the production of said equipment; 

- establish additional material guarantees and privileges for disabled persons, their parents and guardians; and 

- establish the procedure of incentive for specialists who work with disabled persons; 

3. To commission the Ministry of Social Security and the Ministry of Health, prior to December 15, 1991, to establish: 

4. To commission the Ministry of Social Security to establish the form of disability certificates, as well as the procedure for issuing and confiscating them, prior to December 15, 1991. 

5. To commission the Ministry of Health to, prior to December 15, 1991: 

6. To commission the Ministry of Culture and Education to, prior to September 1, 1992: 

7. To establish that local governments, according to their competence, shall ensure the implementation of the Law on the Social Integration of the Disabled on their respective territories. 

8. To inform all citizens of the Republic of Lithuania of the provisions of the Law of the Republic of Lithuania on the Social Integration of the Disabled through the press, radio, television and other mass media.  


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