THE RIGHTS OF FAMILY, YOUTH, PENSIONERS AND PEOPLE WITH DISABILITIES

 

OBJECT OF ACTIVITY

The department for the rights of family, youth, pensioners and people with disabilities can be notified, in particular, for protecting the following rights:

    • the right to a decent standard of living;
    • the right to protection of persons with disabilities;
    • the protection of family rights;
    • the protection the rights of children and young people;
    • the right to life and to physical and mental integrity;
    • the right to free movement;
    • the right to information;
    • the right to health care;
    • the right to petition;
    • the right of the person aggrieved by a public authority.

 

THE RIGHTS OF YOUTH AND THE FAMILY

The main issues to be addressed concern the following:

    • failure to provide social housing and other forms of assistance from the state or local authorities;
    • non-granting of welfare payments such as the maintenance pension and the survivor’s pension;
    • the legal regime of the goods acquired during the marriage or the right to inheritance;
    • possible violation of the rights regulated by the Housing Law no. 114/1996;
    • possible violation of the rights regulated by Law no. 416/2001 regarding the guaranteed minimum income, with the subsequent modifications and completions.
    • issues related to the custody of the minor resulting from marriage or born out of wedlock;
    • the situation of young people who left placement centers after reaching the age of 18 and encountered difficulties in the social reintegration process;
    • requests for legal advice on obtaining or indexing the maintenance or adoption pension;
    • requests for legal advice regarding the relatives’ obligation of maintenance towards the person admitted in a private asylum, the right to leave and allowance for the care of a sick or disabled child;
    • legal provisions on adoption, delaying the settlement of applications for social housing and measures to prevent and combat social marginalization. Petitions addressed to the People’s Advocate regarding the obtaining of social housing by families in difficulty have been resolved.

 

PENSIONERS’ RIGHTS

The petitions addressed may concern the following issues:

    • critique regarding Law no. 263/2010 on the unitary public pension system, with subsequent amendments and completions, concerning the “manner of increasing pensions in payment” and the request to correct errors;
    • clarifications on how to obtain from the former employer certificates attesting the activity in the second work group, as well as other bonuses;
    • request for information regarding the recalculation of the pension in accordance with Law no. 221/2018 for the amendment and completion of Law no. 263/2010 on the unitary public pension system, taking into account the fact that those who worked in work groups I and II benefit from the ex officio recalculation of pensions starting with October 1, 2018;
    • how to solve the difficulties encountered in recognizing the professional activity carried out in the second work group;
    • dissatisfaction with the former employer’s non-payment of social security contributions for the period 2003-2006;
    • dissatisfaction with the recalculation of the military pension;
    • difficulties encountered in capitalizing on the apprenticeship period;
    • calculation of pension rights and verification of the retirement file by the People’s Advocate institution, as an independent entity;
    • explanations regarding retirement conditions;
    • criticizing the certificates issued by the former employer in order to recalculate the pension;
    • failure of pension funds to take into account all documents submitted by petitioners in order to recalculate pensions;
    • the fact that the application of Law no. 223/2015 on state military pensions, with subsequent amendments and completions, is not done correctly by the Sectoral Pension House of the Ministry of National Defense, as military pensions are not updated with all the elements that depend, as a percentage, on the wage corresponding to the position held while in active duty;
    • recovery of amounts unduly collected as social security benefits without clear explanations;
    • the refusal of some pension funds to make available, from the electronic archive, the information regarding the contribution stages and the incomes that will be taken into account when establishing the pension. This will be achieved only in 2021, according to Law no. 127/2019 on the public pension system, and the petitioners criticize the fact that this is not being done earlier;
    • delays in resolving requests to review the recalculated pension or to establish pension rights or to switch from one type of pension to another and even lack of response to some petitions;
    • delays in resolving appeals against pension decisions sent to the Central Appeals Commission within the National House of Public Pensions.
    • dissatisfaction regarding the delay of the increase by 40% of the pensions, in accordance with the provisions of Law no. 127/2019;
    • dissatisfaction with the non-application of the pension correction index;
    • dissatisfaction with court decisions regarding their enforcement by pension funds;
    • conflicts with authorities or companies regarding the issuance of certificates or work documents.

 

THE RIGHTS OF PERSONS WITH DISABILITIES

In this regard, the petitions may concern the following issues:

    • delaying the settlement of requests from people with disabilities or their families;
    • non-adoption of measures within the term provided by law;
    • the passivity of the authorities towards the problems that appear during the implementation of the legal norms;
    • lack of inter-institutional communication;
    • poor management of financial resources for the protection system of persons with disabilities;
    • non-granting of the facilities recognized by law to persons with locomotor disability, especially the priority in obtaining a residence parking space;
    • lack of ramps for people with disabilities in public transport;
    • lack of ramps for people with disabilities at their homes or at the entrances of public authorities;
    • access difficulties for people with disabilities to residential centers, appropriate to their needs;
    • inadequate care conditions for adults with disabilities in residential public centers;
    • reorganization and restructuring of old residential centers;
    • violation of the rights of adults with severe disabilities to personal assistance, by local public administration authorities;
    • failure to respect the priority of people with disabilities in obtaining adequate social housing;
    • access for people with disabilities to tourist and leisure objectives.

The steps taken are most often addressed to the Ministry of Labor and Social Protection and the institutions operating under its authority and coordination: the National Agency for Payments and Social Inspections, the county agencies for payments and social inspections and, respectively, the agency for payments and social inspections the Municipality of Bucharest, the National Authority for the Rights of Persons with Disabilities, Children and Adoptions, the National House of Public Pensions and the county pension houses, the National Agency for Employment, the Labor Inspectorate. Also, in solving the petitions addressed to the People’s Advocate institution and distributed to the Department, institutional steps are also taken to: the Ministry of Health, the National Health Insurance House, the Ministry of Transport, Education and Research and others.

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