药监系统中药师宝典:帮忙翻译

Prior to the 2004 law, there was no general definition of handicap according to French law. According to article L. 323-10 of the labour code, “considered as a handicapped worker in the sense of the present section is any person whose ability to obtain or keep a job is effectively reduced as a result of an inadequacy or reduction in his physical or mental capacities”.
Article 1 of the new law adds an extensive definition of handicap in article L 114 of the social action and families code, inspired by the classification provided by the World Health Organisation in 2001:
"A handicap,, for the purposes of the present law, shall be any limitation of activity or restriction of participation in life in society suffered within his environment by a person due to an significant, long-term or permanent alteration, in one or more of his physical, sensorial, mental, cognitive or psychic functions, a multihandicap or an incapacitating health problem. ”.
This definition has given rise to keen discussion within the Senate between the advocates of a personalised conception of handicap, who consider that the deficiency is of prime importance and makes adaptation to the environment difficult, and advocates of an environmentalist conception, who state that the environment and society create the handicap by imposing barriers restricting the person instead of adapting to his particular needs. The environmentalists defended the expression “person in a situation of handicap” rather than “handicapped person”. The Assembly added the expression "suffered within his environment" and the notion of multihandicap.
The system protecting handicapped people, particularly with regard to employment, had become complex due to its various different levels. The aim of the 2004 law is to improve its clarity and effectiveness.
Until recently, each department had its own technical guidance and professional reclassification committee (COTOREP) provided for by article L. 323-11 of the labour code. The composition of this committee was specified in article D.323-3-1. It consisted of around twenty members including representatives of local authorities, health insurance and family allowance organisations, management organisations for establishments or services for handicapped people, associations representing handicapped people, associations of handicapped people and trade unions. This committee decided whether a person could be included in the category of handicapped workers or whether he was too seriously handicapped to work. It classified each handicapped worker in category A, B or C according to his degree of invalidity and decided whether to guide them towards an ordinary or sheltered environment. Appeals could be lodged against the decisions of the COTOREP before the departmental committee of handicapped workers (CTDH) and, as a last resort, before the Council of State (art. L. 323-35).