Devolvement of the care of disabled persons implied a desire both with the organisations for disabled persons and the Government that the dialogue about equal opportunities for disabled persons should be placed with an effective central body. This led to the establishment of the Danish Disability Council.
The Danish Disability Council is a Government-funded body made up of an equal number of representatives from disabled people (nominated by the DSI, the Danish Council of Organisations of Disabled People) and from public authorities. The Council’s tasks are to monitor the situation of disabled people in society and to act as an advisory body to Government and Parliament on issues relating to disability policy. The Council can take initiatives and propose changes in areas affecting the life of disabled people and their living conditions, and all central authorities are expected to take the Council’s advice in these matters.
Section 87 of the Danish Act on Due Process of Law and Administration in the Social Area is the Danish Disability Council’s working basis. The Ministry of Social Affairs appoints the chairman of the Council. In order to strengthen the professionalism of the Council a number of people with special expert knowledge from various sectors are attached to the Council. This composition of the Council ensures wide scope of knowledge and experience concerning disability policy. The Danish Disability Council has a close coperation with The Equal Opportunities Centre for Disabled Persons
The Danish Disability Council has published Danish disability policy - Equal opportunities through dialogue. The publication - published in june 2002 - is giving a general introduction to Danish disability policy and a description of the legal framework for exercising disability policy.
Ministry of Social Affairs, Order no. 768 of 27 June 2007 on the rule of law and administration in social areas, section 11:
The Danish Disability Council
52. The Minister of Social Affairs shall establish a Danish Disability Council which gives advice in matters relating to people with disabilities.
53. - (1) The Council shall be made up of one chairman and fourteen members to be appointed by the Minister of Social Affairs. Seven members shall be appointed on the recommendation of the Danish Council of Organisations of Disabled People, one member on the recommendation of the National Association of Local Authorities in Denmark, one member on the recommendation of the Danish Regions, one member on the recommendation of the Ministry of Education, one member on the recommendation of the Ministry of the Interior and Health, one member on the recommendation of the Ministry of Employment, one member on the recommendation of the Ministry of Transport and Energy and one member on the recommendation of the Ministry of Social Affairs.
(2) The Minister of Social Affairs may also appoint individual members of the Council.
(3) Moreover, in support of the work performed by the Disability Council, the Minister of Social Affairs shall appoint special experts from the fields of housing, building, culture, family, information and communication.
(4) The Disability Council shall function for a term of four years from l July in the year following a local government election, always provided that the members hold office until a new member is appointed.
54. The Disability Council shall observe and assess the conditions in society for people with disabilities, also in the preventive area. The Disability Council may include experience from the work of the local disability councils in its own work.
55. - (1) The Folketing (the Danish Parliament) and the ministers may consult the Disability Council on all matters of a general nature which are important in connection with the conditions of the disabled in society.
(2) For the purpose of ensuring that reasonable regard is paid to disabled people in social planning, national public authorities may consult the Disability Council in matters affecting the living conditions of disabled people.
(3) The Disability Council itself may take initiatives and propose changes within the areas referred to above.
56. The Minister of Social Affairs shall fix the rules of procedure of the Council, and the Equal Opportunities Centre for Disabled Persons shall make the required secretarial assistance available to the Council.
In pursuance of section 56 of the Ministry of Social Affairs’ Order no. 1382 of 12 December 2006 on the rule of law and administration in social areas, the following rules of procedure shall be laid down for the Disability Council:
1. - (l) The tasks of the Disability Council shall be as follows:
1) The Disability Council shall follow and assess the conditions in society for people with dis-abilities, also in the preventive area.
2) The Disability Council may include experience from the work of the local disability councils in its own work.
3) The Folketing (the Danish Parliament) and the ministers may consult the Disability Council in all matters of a general nature which are of importance in connection with disabled people's conditions in society.
4) For the purpose of ensuring that reasonable regard is paid to disabled people in the planning of society, national public authorities may consult the Disability Council in matters affecting the living conditions of disabled people.
5) The Disability Council itself may take initiatives and propose changes within the areas referred to above.
(2) The resolutions proposed and statements made by the Council shall be submitted to the appropriate national public authority.
2. - (l) The Council shall be made up of one chairman and fourteen members to be appointed by the Minister of Social Affairs, see Section 53 (l) of the Order on the rule of law and administration in social areas.
(2) The Disability Council shall function for a term of four years from l July in the year following a local government election, always provided that the members hold office until new members are appointed.
(3) For the same period the Council shall appoint from its own members a deputy chairman, who shall act as substitute for the chairman.
3. - (l) A non-profitmaking organisation, the Equal Opportunities Centre for Disabled Persons, affiliated to the Disability Council has been established.
(2) The non-profitmaking organisation shall be managed by a committee made up of six members. The chairman and the four members of the committee shall be appointed by and from the members of the Danish Disability Council.
4. - (l) The Council shall hold meetings as often as required. The chairman summons the meetings of the Council giving 14 days’ notice and includes the agenda. Meetings are to be held if three members of the Council submit a request to this effect to the chairman.
(2) The meetings shall be chaired by the chairman.
(3) The meetings of the Council shall not be open to the public.
(4) Where the circumstances speak in favour thereof, the Council may decide that business shall be transacted by a hearing in writing of the members.
5. - (l) The Council shall form a quorum when the chairman and seven other members are present. All resolutions shall be made by a simple majority vote among the members. In the event of an equality of votes, the proposed resolution shall not be passed.
(2) Pursuant to section 50
(3) the Minister of Social Affairs may appoint advisers with special knowledge in support of the work performed by the Disability Council. These advisers shall be summoned for the meetings of the Council.
(3) Other special experts may be summoned when it is found required.
(4) The Council may set up working parties, as required, to perform tasks within its terms of reference. Any resolutions proposed by the working parties shall be submitted to the Council for adoption.
6. - (l) Minutes shall be taken of the business transacted by the Council and the resolutions passed by it. A minority of the members may demand that diverging opinions be entered in the minutes.
(2) Minutes of the meetings of the Council shall be sent to the members of the Council and the advisers with expert knowledge within one month of the holding of the meeting.
(3) Minutes shall be considered to have been approved if none of the participants in the meeting in question have objected to the minutes within ten days from the forwarding of the minutes.
7. - (l) The Equal Opportunities Centre for Disabled Persons shall be in charge of the secretarial work of the Council.
(2) On the Council's directions the secretariat shall prepare an annual report on the activities of the Council. The report shall be sent to the Ministry of Social Affairs and be published as agreed with the Ministry.
8. - (l) The expenses incurred in connection with the activities of the Council shall be defrayed by the Danish State.
(2) Expenses for the members' and the special experts' travelling and stays in connection with the meetings etc. held by the Council and the working party shall be reimbursed according to the rules applicable to government officials.
9. The members of the Council and the special experts shall be bound to observe professional secrecy in pursuance of the rules relating to tasks performed in public office.
10. The rules of procedure shall take effect from l January 2007.
Ministry of Social Affairs, 15 June 2007
EVA KJER HANSEN
/ Karin Ingemann