Kohtuulliset mukautukset sosiaaliturvajärjestelmässä
Avainsanat:
kohtuulliset mukautukset, sosiaaliturva, vammainen henkilö, yhdenvertaisuus, sosiaalioikeusAbstrakti
Reasonable accommodation in social welfare
The entry into force of the current Non-Discrimination Act (1325/2014) meant that the duty to provide reasonable accommodation to disabled persons was expanded in Finnish law. While in the previous Non-Discrimination Act (21/2004) the duty to provide reasonable accommodation fell only on employers and educational institutions, it is prescribed in section 15 of the new Act that the duty also applies to public authorities as well as to providers of goods and services. The starting point of this article is that when the scope of the duty to provide reasonable accommodation is expanded, it becomes more problematic to define the requirements of reasonable accommodation in an individual case. The author asks whether the duty to provide reasonable accommodation means, in the context of social security as well as social and health services, that the authorities are expected to award social security benefits or provide services as reasonable accommodation even if the legal criteria of such benefits or services have not been met. The author argues that this should only take place in exceptional circumstances.
