| Argentina |
Governmental Institution / Comisión Nacional Asesora para la Integración
de Personas Discapacitadas - PRESIDENCIA DE LA NACION CONSEJO NACIONAL
DE COORDINACION DE POLITICAS SOCIALES
Governmental Institution / Dirección Nacional de Políticas para Adultos
Mayores - PROGRAMA DE INTEGRACION SOCIAL PARA PERSONAS CON DISCAPACIDAD.
|
| Laws |
Ley 22.431 y decreto reglamentario 498/83. There
exist laws that prohibit discrimination against persons with disabilities
in employment, education, and the provision of other state services, and
mandates access to buildings for persons with disabilities. |
| Level
of effectiveness |
NGOs and special interest groups claimed accessibility
laws often were not respected in practice. The law does not define the term
"accessible" nor does it provide deadlines or penalties for noncompliance.
The national law is not mandatory for the provinces, and there are no penalties
for provincial noncompliance. Accessibility laws have not been implemented
in local building codes, and many new buildings were not accessible to persons
with disabilities. Grievances filed about the failure to comply with these
laws may result in a fine, but usually no action was taken to make the building
accessible to persons with disabilities. |
| Bahamas |
Governmental Institutions / Disability Unit of
the Department of Social Services at the Ministry of Social Services and
Community Development. The Disability Affairs Unit of the Ministry of Social
Development and National Insurance worked with the Bahamas Council for Disability,
an umbrella organization of nongovernmental organizations (NGOs) that offered
services for persons with disabilities, to provide a coordinated public
and private sector approach to the needs of persons with disabilities. |
| Laws |
There is no overarching disability act. Advocates
for persons with disabilities noted that there was no general legislation
to implement and enforce equal opportunity policies in the workplace, educational
institutions, or elsewhere. |
| Level of effectiveness |
Although the 1973 National Building Code mandates
certain accommodations for persons with physical disabilities in new public
buildings, the authorities rarely enforced this requirement. There was no
overarching disability act. There were housing units in Nassau designed
specifically for persons with disabilities, but very few buildings and public
facilities were accessible to persons with disabilities. The code also failed
to mandate accommodations in new private buildings, which often lacked accessibility
as well. Advocates for persons with disabilities complained of widespread
job discrimination and general apathy on the part of private employers and
political leaders toward their need for training and equal opportunity. |
| Barbados |
Governmental Institutions / In 1997 the Ministry
of Labor established the Disabilities Unit to address the concerns of the
disabled, and in early 1998 it created an advisory committee on disabilities. |
| Laws |
The Labor Department, a unit within the Ministry
that finds jobs for the disabled, long has advocated the introduction of
legislation prohibiting discrimination. However, the law does not prohibit
discrimination against persons with disabilities. |
| Level
of effectiveness |
While there is no legislation mandating provision
of accessibility to public thoroughfares or public or private buildings,
the Town and Country Planning Department sets provisions for all public
buildings to include accessibility to persons with disabilities. As a result,
the majority of new buildings have ramps, reserved parking, and special
sanitary facilities for the disabled. |
| Belize |
Governmental policy / Children with disabilities
had access to government special education facilities, although the requirements
to enter such programs were strict. |
| Laws |
There are no special laws. |
| Level of effectiveness |
The law does not provide specifically for accessibility
for persons with disabilities or prohibit job discrimination against them.
The Government's Disability Services Unit, as well as a number of NGOs,
such as the Belize Association of and for Persons with Disabilities and
the Belize Center for the Visually Impaired, provided assistance to such
persons. |
| Bermuda |
Governmental policy: No data on governmental
policies for persons with disabilities was found. |
| Laws |
No specific laws mandate accessibility for persons
with disabilities, but constitutional provisions prohibit discrimination
against the physically disabled in employment and education. |
| Level
of effectiveness |
There was no evidence of widespread discrimination
against persons with disabilities, although the Government did not enforce
the constitutional antidiscrimination provisions. There was one complaint
that a person was not hired due to a disability; the Labor Commission had
the matter under review at year's end. |
| Bolivia |
Governmental policy: The Bolivian government
created the National Comittee for Persons with Disabilities (Descentralized
entity of the Ministry of Health) The Bolivian state transferred attribute
of a technical-administrative character through Law 1678 and Supreme Resolution
24807. |
| |
| Laws |
The Law on Disabilities requires wheelchair access
to all public and private buildings, duty free import of orthopedic devices,
a 50 percent reduction in public transportation fares, and expanded teaching
of sign language and Braille. The rights of persons with disabilities are
protected by special and general legislation.The Disabled Persons Act has
been enacted since the adoption of the Rules (Law No. 1678 of December 15,
1995). The electoral law requires accommodation for blind voters. |
| Level
of effectiveness |
In general there were no special services or
infrastructure to accommodate persons with disabilities. A lack of adequate
resources impeded full implementation of the law. Societal discrimination
kept many persons with disabilities at home from an early age, limiting
their integration into society. |
| Brazil |
Governmental Institution / Ministério da Assistência
Social - A Política Nacional de Assistência Social, no exercício de suas
funções de inserção, prevenção, promoção e proteção, assegura às pessoas
portadoras de deficiência, vulnerabilizadas pela situação de pobreza na
perspectiva dos seus direitos, a prevenção de deficiências, habilitação
e reabilitação, equiparação de oportunidades e proteção social. |
| Laws |
The Constitution contains several provisions
for persons with disabilities, stipulating a minimum wage, educational opportunities,
and access to public buildings and public transportation. |
| Level
of effectiveness |
Groups that worked with persons with disabilities
reported that state governments failed to meet the legally mandated targets
for educational opportunities and work placement. There was little progress
nationwide on eliminating architectural barriers. The country made significant
advances in expanding the availability of special instruction for children
with disabilities. |
| Chile |
Governmental Institution - Ministerio de Planificación
y Cooperación - Personas con discapacidad como grupo prioritario. |
| |
Fondo Nacional de la Discapacidad. |
| Laws |
Law Nr. 19.284. The law promotes the integration
of persons with disabilities into society. |
| Level of effectiveness |
The Government's National Fund for the Handicapped
has a small budget to encourage such integration. The 1992 census found
that 288,000 citizens said that they had some form of disability. Persons
with disabilities still suffer some forms of legal discrimination; for example,
blind persons cannot become teachers or tutors. Although the law requires
that new public buildings provide access for persons with disabilities,
the public transportation system did not make provision for wheelchair access,
and subway lines in the Santiago metropolitan area provided facilitated
access for persons with disabilities only in some areas. |
| Colombia |
Governmental Institution / Red de Solidaridad
Social (Iniciativa presidencial). Las personas con discapacidad están consideradas
como parte de sus Programas. |
| Laws |
Law 361 of 1997. The Constitution also enumerates
the fundamental social, economic, and cultural rights of persons with physical
disabilities. |
| Level
of effectiveness |
However, serious practical impediments prevented
the full participation of these persons in society. No legislation mandates
that buildings provide special access for persons with disabilities. Consequently,
the disabled could not access most public buildings and transportation systems;
however, the Constitutional Court ruled that persons with physical disabilities
must have access to voting stations and receive assistance if they so request.
The Court also ruled that the social security fund for public employees
cannot refuse to provide services for children with disabilities, regardless
of the cost involved. |
| Costa
Rica |
Governmental policies and institutions / Inclusion
of the subject of disability in the National Program for Development 2002-2006.
The Ministry of Education operated a Program for Persons with Disabilities,
including a national resource center that provided parents, students, and
teachers with advanced counseling, training, and information services. The
Ministry reported that 17,201 students with disabilities were registered
in the school system during the year, and that 46 special education centers
had been created. |
| Laws |
Ley 7600 - Igualdad de Oportunidades para las
Personas con Discapacidad / The 1996 Equal Opportunity for Persons with
Disabilities Law prohibits discrimination, provides for health care services,
and mandates provision of access to buildings for persons with disabilities. |
| Level
of effectiveness |
This law was not enforced widely, and many buildings
remained inaccessible to persons with disabilities. A 2000 government study
concluded that only 35 percent of the law's stated goals had been implemented.
Nonetheless, a number of public and private institutions made efforts to
improve access. In 1999 the PANI and the Ministry of Education published
specific guidelines for assisting children with hearing loss, motor difficulties,
attention deficit disorder, and mental retardation. |
| Dominican
Republic |
Governmental policies and institutions / Secretaría
de Estado de Trabajo de la República Dominicana.
Consejo Nacional para la Prevención, Rehabilitación, Educación e Integración
Social de las Personas con Minusvalía, CONAPREM-Oficina Internacional del
Trabajo Programa Nacional de Acción para la Integración Socioeconómica de
las Personas con Discapacidad en la República Dominicana.
There is a recreation center for persons with disabilities in Las Caobas,
and a department in the Sports Ministry to facilitate athletic competition
for such persons. The Dominican Rehabilitation Association (ADR), which
receives about 30 percent of its budget from the Government, had 17 affiliates
throughout the country and provided services for 2,500 persons daily. |
| Laws |
The law provides for physical access for persons
with disabilities to all new public and private buildings; |
| Level of effectiveness |
Persons with disabilities encountered discrimination
in employment and in the provision of other services. The authorities did
not enforce the law of accessiblity uniformly. there was little consciousness
of the need to make the daily lives of persons with disabilities safer and
more convenient. For example, new street construction made few provisions
for such persons to cross the streets safely. Discrimination against persons
with mental illness was common, and there were few resources dedicated to
the mentally ill. |
| Ecuador |
Governmental Institution / Consejo Nacional de
Discapacidades (CONADIS). |
| Laws |
Ley y Reglamento sobre discapacidades. |
| Level
of effectiveness |
There was no official discrimination against
persons with disabilities in employment, education, or the provision of
other state services. The Constitution recognizes the rights of persons
with disabilities. In April 2001, Congress passed legislation to promote
the rights of persons with disabilities, including access to education,
employment, transportation, and communication. However, the Government has
few resources to ensure access to these services in practice. In September
the U.N. awarded the country the Franklin Delano Roosevelt International
Disability Award in recognition of its creation of a national council and
a national plan for persons with disabilities. |
| El Salvador |
Governmental Institution / Consejo Nacional de
Atención Integral a la Persona con Discapacidad (CONAIPD) Depende de Presidencia
de la República. |
| Laws |
Ley de Equiparación de Oportunidades para las
Personas con Discapacidad. (Decreto 888); |
| Level
of effectiveness |
A 2000/2001 study by the World Health Organization
in conjunction with local and international partners found that the majority
of persons with disabilities were young, lived in rural areas, and had little
access to rehabilitation services. It found that many of the causes of disability
were preventable.
A significant number of the country’s population of persons with disabilities
consists of former combatants and civilians wounded during the conflict.
Government and international funding provide rehabilitation programs for
these persons. Efforts to combat discrimination and increase opportunities
for those whose disabilities are unrelated to the war are growing but remain
inadequate. Access by persons with disabilities to basic education was limited
due to lack of facilities and appropriate transportation. Only a few of
the Government’s community-based health promoters have been trained to treat
persons with disabilities, and they rarely provided such service. There
were several organizations dedicated to protecting and promoting the rights
of persons with disabilities, but funding was insufficient. (There is more
information on the website quoted here). |
| Guatemala |
1) International Programs: PNUD en Guatemala
- El Gobierno de Guatemala, desde 1996, ha venido desarrollando programas
y proyectos, en el marco del proceso de paz, dirigidos a la reinserción
de poblaciones vulnerables. En 1998, la SEPAZ inició el diseño del Programa
Nacional de Atención a Personas con Discapacidad a causa del enfrentamiento
armado (PRADIS), el cual contempla dar atención a tres componentes: 1) desarrollo
productivo; 2) atención integral en salud y 3) participación y organización
social. No está claro si hay leyes o no, o si existe una política constante
de atención a personas con discapacidad. |
| |
2) Governmental Institution: Red Nacional de
Apoyo a la Población con Discapacidad (Gobierno, ONG y personas con discapacidad). |
| |
3) Governmental Institution: Consejo Nacional
para la Atención a la Discapacidad, CONADI. |
| Laws |
In 1996 Congress passed the Law for Protection
of the Elderly and the Law on Attention to Disabled Persons, (Law 135-1996)
which mandates equal access to public facilities, prohibits discrimination
based on disability, and provides other legal protections... It stipulates
equal opportunity for persons with disabilities in health, education, work,
recreation, sports, and cultural activities. It also provides that all persons
with disabilities receive the benefits of labor laws and social security
and have the right to work. In addition, the law establishes equal educational
opportunities, the requirement that buildings meet access codes, and the
right to equal pay. |
| Level of effectiveness |
Government efforts to implement the legislation
have been weak. While the National Council for the Disabled (CONADI), composed
of representatives of concerned government ministries and agencies, met
regularly to discuss initiatives, no resources have been devoted to the
implementation of their recommendations. CONADI's petition for a permanent
budgetary allocation from the Government was rejected. CONADI organized
protests to demand that the Government follow through on its commitments
to provide access to public institutions, spaces, and transit. |
| Guyana |
Governmental Policies / In 1997 Parliament passed
a law establishing a council for persons with disabilities; however, the
council has yet to begin its activities. There are several special schools
and training centers for the disabled, but they lack trained staff and are
in disrepair. |
| Laws |
There is no law mandating provision of access
for disabled persons. |
| Level of effectiveness |
The lack of appropriate infrastructure to provide
access to both public and private facilities makes it very difficult to
employ the disabled outside their homes. |
| Haiti |
Governmental policies: No specific local government
units for persons with disabilities were identified. |
| Laws |
The Constitution provides that disabled persons
shall have the means to ensure their autonomy, education, and independence.
However, there is no legislation to implement these constitutional provisions
or to mandate provision of access to buildings for the disabled. |
| Level of effectiveness |
Although they do not face overt mistreatment,
given the severe poverty in which most citizens live, those with disabilities
face a particularly harsh existence. Disabled beggars are a familiar sight
on the streets of Port-au-Prince and other towns. |
| Honduras |
Governmental policies: In May the Honduran Coordinating
Group of Institutions and Associations of Rehabilitation, 30 organizations
that work with the disabled, demanded that Congress support their activities
with $3.09 million (51 million lempiras), which the Government had promised
the groups earlier in the year. In 2001 the National University began providing
in Honduran Sign Language. |
| Laws |
There is no legislation that requires access
by persons with disabilities to government buildings or commercial establishments. |
| Level of effectiveness |
There are no formal barriers to participation
by an estimated 700,000 persons with disabilities in employment, education,
or health care; however, there is no specific statutory or constitutional
protection for them. |
| Jamaica |
Governmental policies: Several government agencies
and NGOs provided services and employment to various groups of persons with
disabilities. |
| Laws |
No laws mandate accessibility for persons with
disabilities, who encountered discrimination in employment and denial of
access to schools. |
| Level of effectiveness |
The Minister of State for Labor and Social Security,
who is blind, reported that out of a disabled population of approximately
250,000, only about 200 persons were gainfully employed--90 percent by the
Government. The Government trained persons with disabilities for jobs within
the information technology sector, and added two buses equipped with hydraulic
lifts for wheelchairs during the year. |
| México |
1) Oficina para la Integración y la Promoción
Social de las Personas con Discapacidad (Presidential Office). |
| |
2) Governmental/NGO institution: Consejo Nacional
Consultivo para la Integración de las Personas con Discapacidad (Integrates
Ministries, Governmental Institutes, NGOs and individuals interested in
disability, coordinated by the Presidential Office for persons with disabilities). |
| |
3) Governmental Institution: Desarrollo Integral
de la Familia - Programa para personas con discapacidad. |
| Laws |
Ley de Integración Social para las Personas con
Discapacidad. A total of 27 of the 31 states have laws protecting persons
with disabilities. Local law requires access for persons with disabilities
to public facilities in Mexico City, but not elsewhere in the country. |
| Level
of effectiveness |
According to the National Institute for Statistics,
Geography and Information (INEGI) there are 988 registered institutions
of or for persons with disabilities. In Mexico City, 166 NGOs address problems
affecting persons with physical disabilities. In 2001 the President unveiled
the National Public Access Program, designed to provide equal access and
rights to persons with disabilities. In practice, however, most public
buildings and facilities in Mexico City do not comply with the law. In August
the Federal District Electoral Institute (IEDF) announced that it would
facilitate voting for persons with disabilities. Voting booths would be
made wider and shorter for people in wheelchairs; however, ramps leading
to the voting booths for wheelchairs would not be installed. Ballot boxes
with Braille writing, and a special ballot holder and marker for those with
limited fine motor skills will be available. |
| Nicaragua |
Governmental Policies: Programa Nacional de Rehabilitación.
Plan de Atención a las Víctimas de Minas Antipersonales (Ministerio de Salud
y la Organización Panamericana de la Salud). Desarrollo de la estrategia
de RBC, reinserción socioeconómica, sistema de información sobre discapacidad,
Consejo Nacional de Rehabilitación. |
| Laws |
Ley de Prevención, Rehabilitación y Equiparación
de oportunidades
para las personas con discapacidad. |
| Level
of effectiveness |
In 1998 the Ministry of Health created a National
Council for Rehabilitation… Through its clinics and hospitals, the Government
provides care to war veterans and other disabled persons, but the quality
of care is generally poor. However, with assistance from international NGOs,
foreign governments, and the public health care system, the Government has
procured thousands of prostheses and other medical equipment for veterans
and former resistance members. Despite some efforts, the Government's past
role in helping the disabled is minimal and often has been criticized.
Many organizations that help the disabled called for the Government to focus
more attention on the needs and interests of persons with disabilities;
however, the Government did not restore funding for the shelter. |
| Panamá |
Governmental policy: Different governmental institutions
include the subject of disability within their own work programs. |
| Laws |
LEY NUM 3 DEL 17/05/1994
Artículos referentes a las personas con discapacidad. |
| Level
of effectiveness |
The Ministry of Education was responsible for
educating and training minors with disabilities, while the Ministry of Women,
Youth, Family, and Childhood protected the rights of adults with disabilities.
Children with disabilities traditionally were separated from the general
population; however, a 2000 law required schools to integrate children with
special needs into the student body, and this law generally was enforced. |
| Paraguay |
Governmental Institution: Dirección Nacional
de Personas con Discapacidad. |
| Laws |
The Constitution provides for equal opportunity
for persons with disabilities and mandates that the State provide them with
health care, education, recreation, and professional training. It further
requires that the State formulate a policy for the treatment, rehabilitation,
and integration into society of persons with disabilities. However, the
Congress never enacted legislation to establish such programs or provide
funding for them. |
| Level
of effectiveness |
Many persons with disabilities faced significant
discrimination in employment; others were unable to seek employment because
of a lack of accessible public transportation. The law does not mandate
accessibility for the persons with disabilities, and the vast majority of
the country's buildings, both public and private, were inaccessible. |
| Perú |
1) Governmental Institution: Consejo Nacional
de Integración de la Persona con Discapacidad and Oficina Municipal de Atención
a la Persona con Discapacidad (Lima). |
| |
2) Governmental Institution: Plan de Igualdad
de Oportunidades para las Personas con Discapacidad 2002-2007. |
| |
3) Governmental Institution COMISIÓN DE SALUD,
POBLACIÓN, FAMILIA Y PERSONAS CON DISCAPACIDAD - Congreso de la República
(2003). |
| Laws |
The Constitution provides that persons with severe
disabilities have "the right to have their dignity respected and to
be provided by law with protection, care, rehabilitation, and security."
Legislation that established the National Council for the Integration of
People with Disabilities (CONADIS) specifies rights, allowances, programs,
and services. The law prohibits discrimination, mandates that public spaces
be barrier-free and that buildings be architecturally accessible, and provides
for the appointment of a disability rights specialist in the Human Rights
Ombudsman's office. |
| Level of effectiveness |
Congress passed a resolution designating 2003
as the "Year of the Disabled," to raise awareness about problems
faced by disabled citizens. In practice, however, the Government devoted
little attention and resources to persons with disabilities, who remained
economically and socially marginalized. |
| Suriname |
Governmental policies: There were some training
programs for the blind and others with disabilities. |
| Laws |
There were no laws concerning persons with disabilities
and no provisions for making private or public buildings accessible to them.
There were also no laws mandating that they be given equal consideration
when seeking jobs or housing. |
| Level of effectiveness |
In practice persons with disabilities suffered
from discrimination when applying for jobs and services. |
| Trinidad
and Tobago |
Governmental policies: The Government provided
some public assistance and partial funding to a variety of NGOs, which in
turn provide direct services to members or clients with disabilities. |
| Laws |
There is no legislation that specifically enumerates
or protects the rights of persons with disabilities or mandates the provision
of access to buildings or services. |
| Level of effectiveness |
The lack of access to transportation, buildings,
and sidewalks was a major obstacle for persons with disabilities. |
| Uruguay |
Governmental Institutions: The National Disabilities
Commission oversees implementation of a law on the rights of persons with
disabilities. |
| Laws |
Ley 16.095 : "Equiparación de oportunidades
para las personas discapacitadas" promulgada el 26 de octubre de 1989. |
| Level of effectiveness |
There was no discrimination against persons with
disabilities in employment, education, or in the provision of other state
services. Although the law mandates accessibility for persons with disabilities
only to new buildings or public services, the Government provided access
to a number of existing buildings. The law reserves 4 percent of public
sector jobs for persons with disabilities. The country has a generally excellent
mental health system and an interest in the rights of persons with mental
disabilities. |
| Venezuela |
Governmental Institutions: The names of the governmental
institutions in charge of the policies towards persons with disabilities
could not be found. |
| Laws |
Ley para la Integración de las Personas Incapacitadas
(Vigente desde 1993). |
| Level
of effectiveness |
Persons with disabilities had minimal access
to public transportation, and ramps were practically nonexistent, even in
government buildings. According to local advocates, persons with disabilities
were discriminated against in many sectors, including education, health
care, and employment. A comprehensive 1993 law to protect the rights of
persons with disabilities requires that all newly constructed or renovated
public parks and buildings provide access. The law also forbids discrimination
in employment practices and in the provision of public services. However,
the Government had not made a significant effort to implement the law, inform
the public of it, or try to change societal prejudice against persons with
disabilities. There were no reports of discrimination against persons with
mental disabilities. |
