may be disadvantaged because of his disability." According to the First Book of the Code of Social Law, people who are physically, mentally, or emotionally disabled or who are threatened by this type disability have a "social right" to the help they require. The goals of the law, and of the Act on the Harmonisation of the Services for Rehabilitation and the Federal Social Assistance Act, are as follows:
* To prevent, remove, or improve disability, avoid its worsening, or reduce its effects;
* To secure a place in the community, particularly in working life, for the disabled person, which corresponds to his or her preferences and abilities.
As in all other German laws and regulations, mental health disability is placed on the same level as physical disability. It is not governed by separate laws or treated in a special way. Legislation also exists to promote the inclusion of people with mental health disabilities in gainful employment. The most important laws governing the rights of people with disabilities are:
* The Social Code,
* The Vocational Training Act,
* The Employment Protection Act,
* The Severely Disabled Persons Act 1974.
The objective of all of these laws is to rehabilitate people with disabilities and allow them, as far as possible, to permanently engage in gainful work. Their underlying principle, "rehabilitation before pension," is laid down in the Rehabilitation Harmonisation Act. Rehabilitation is based on a network of medical, educational, occupational, and social measures. Responsibility for rehabilitation is shared by:
* Statutory health insurance,
* Statutory pensions insurance,
* Statutory accident insurance,
* Social welfare agencies, State benefit offices, local benefit offices, the main welfare offices and local welfare offices,
* The Federal Institute for Labour,
* Communities, if none of the former are responsible.
The nature and cause of the disability and the insurance relationship determine which of these institutions is responsible. Despite basic entitlement to equal benefits, the number of rehabilitation initiatives and of institutions charged with enforcing them is so large, that individuals with the same disability sometimes receive different benefits. Though the involvement of so many agencies and institutions allows specific preventive activities and the development of defined policies and services, the co-ordination of services needs to be improved to avoid inconsistency, difficulties in identifying the appropriate agency, and delays in the delivery of services. Some regions and local authorities have appointed a disabled services co-ordinator, but in most cases this is left to independent institutions (NGOs).
The Severely Disabled Persons Act 1974
The Severely Disabled Persons Act covers the relationship between employers and severely disabled employees. The Act's primary function is to protect workers with disabilities and define employers' responsibilities towards them. Amended in 1986 and 1990, it is the basis of current compulsory employment policy. In the private and public sectors, companies with more than 16 employees must fill 6% of jobs with disabled persons in a way which allows them to be "able to utilise and develop further their knowledge and
