Social protection for people with disabilities France
Résumé
This report analyses some important cash and in-kind social protection provisions available
to adults with disabilities (i.e. people aged 18 or above). In line with Article 1 of the UN
Convention on the Rights of People with disabilities (CRPD), “people with disabilities”
should be understood as “those who have long-term physical, mental, intellectual or
sensory impairments which in interaction with various barriers may hinder their full and
effective participation in society on an equal basis with others”.
In France, public policies regarding disability mainly refer to the Act on equal opportunity,
participation and citizenship for people with disabilities of 11 February 2005, which is the
most recent major law in this area and has driven considerable changes. For the first time,
the law establishes a legal definition of disability, taking a new approach inspired by the
international classification of functioning, disability and health: “Within the meaning of the
present law, disability means any limitation of activity or restricted participation in society
sustained by a person in his or her environment due to the substantial, long-term or
definitive alteration of one or several physical, sensorial, mental, cognitive or psychological
functions, a multiple disability or a disabling health condition”. The law affirms the basic
rights of people with disabilities, including the right of access and the right to
compensation, along with the need to guarantee “the exercise of [...] citizenship and
capacity for independence”. To promote the independence of people with disabilities and
facilitate access to their rights, the 2005 Act obliges each département1 to establish a local
centre for people with disabilities (Maison départementale des personnes handicapées –
MDPH). Presented as a “one-stop shop”, each MDPH has a very broad set of missions.
Since the 2005 Act, France has not adopted any new major laws on disability. The strategy
adopted by the French state currently involves including the issue of disability in various
other laws that ostensibly concern other subjects.
In France, some specific disability benefits are allocated by MDPHs in order to guarantee a
minimum income for people with disabilities, and some benefits designed to compensate
for the loss of capacity for work are paid out by the social security system. People with
disabilities can also have access to regular benefits, aimed at older people, the
unemployed, and social assistance for people on low incomes. In practice, accessing both
specific and regular benefits for people with disabilities in France involves a large number
of interlocutors (MDPHs, the primary health fund, pension funds, the départements, social
action centres, the family benefits fund, etc.). In addition, multiple services and benefits
have developed to make it easier for older people with disabilities to remain living in the
home. These service-providers come under different legal regimes (regime for authorising
care services and/or regime for approval, or a simple declaration for social support), which
are administratively and financially complex. Multiple layers of measures are accompanied
by a multi-layered range of benefits that people with disabilities are not always aware of,
or whose administrative cost may seem disproportionate to the expected benefits, or which
they sometimes prefer to forego for fear of the stigma associated with social assistance.
Despite several recent reforms designed to improve support for people with disabilities and
to promote accessibility to and maintenance in the home, there is still scope for
improvement in implementing the CRPD in France.
Allocating greater human and financial resources to MDPHs is indispensable to ensure that
people are more systematically informed about their rights, and to support them in their
applications to make those rights more effective. Better co-ordination between actors and
a simplification of administration, applications and procedures are crucial to combat non-
take-up and adequately meet people’s needs.
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