Dependency Law. Law 39/2006, from Promotion of Personal Autonomy and Care of people in situations of dependency
Original source: The Official State Bulletin of Spain (BOE)
Published in:«BOE» núm. 299, from 15/12/2006.
Entry into force: 01/01/2007
Department: Head of State
Permalink ELI: https://www.boe.es/eli/es/l/2006/12/14/39/con
Article 1. Purpose of the Law.
- The purpose of this law is to regulate the basic conditions that guarantee equality in the exercise of the subjective right of citizens to the promotion of personal autonomy and care of people in situations of dependency, in the terms established by the law, through the creation of a System for Personal Autonomy and Dependent Care, with collaboration and participation by all Public Agencies and the guarantee by the General Administration of the State of a minimum common level of rights for all citizens in any part of the territory of the Spanish State.
- The System for Personal Autonomy and Dependent Care will respond to a coordinated and cooperative effort on the part of the General Administration of the State and the Autonomous Communities, which will provide for measures in all areas that affect people in situations of dependency, with the participation of Local Entities, if relevant.
Article 2. Definitions. For the purposes of this law, the following is understood:
- Personal Autonomy: the ability to control, confront and make, by one’s own initiative, personal decisions about how to live in agreement with one’s own norms and preferences as well as to complete the basic activities of daily life.
- Dependency: the permanent character state in which are found people who, for reasons related to age, illness, or disability, and related to the lack or loss of physical, mental, intellectual, or sensory autonomy, require the attention of another person or other people or important assistance in order to complete basic activities of daily life or, in the case of people with intellectual disabilities or mental illness, require other support for their personal autonomy.
- Basic Activities of Daily Life: the most basic tasks that allow a person to enjoy a minimum autonomy and independence, such as: personal care, basic domestic activities, essential mobility, recognition of people and objects, orientation of oneself, understanding and execution of orders or simple tasks.
- Support needs for personal autonomy: that which is required by people who have intellectual or mental disabilities in order to achieve a satisfactory level of personal autonomy within the community.
- Non-professional Care: the attention given to people in situations of dependency in their homes, by family members or people around them, not related to a professional care service.
- Professional Care: the attention given by a public institution or entity, for- or non-profit, or a professional freelancer among whose purposes is the lending of services to people in situations of dependency, whether it be in their homes or in a center.
- Personal Assistance: a service lent by a personal assistant who does or helps with the daily life tasks of a person in a situation of dependency, for the purpose of encouraging that person’s independent life, promoting and allowing for that person’s personal autonomy.
- Tertiary Sector: organizations of a private character that arise from a citizen or social initiative, with different modalities that meets the criteria of solidarity, with common interest goals and not for the purpose of profit, that promote the recognition and exercise of social rights.
Article 6. Aim of the System.
- The System for Personal Autonomy and Dependent Care guarantees the basic conditions and the common content to which this law refers; it is centered around the collaboration and participation of Public Agencies, in the execution of its respective competencies, in order to promote the personal autonomy and care and protection of people in situations of dependency; it optimizes the available public and private resources, and contributes to the improvement of the living conditions of citizens.
- The System is configured as a network of public use that integrates, in a coordinated way, centers and services, both public and private.
- The integration into the System for Personal Autonomy and Dependent Care of centers and services to which this article refers will not alter in any way the legal regime of ownership, administration, management and organizational unit.