LAW 361 1997
Official Gazette No. 42978 of February 11, 1997
By which mechanisms of social integration of people with limitations are established and other provisions. Summary
Term Notes Effective Jurisprudence
THE CONGRESS OF COLOMBIA,
DECREES: TITLE I.
GENERAL PRINCIPLES ARTICLE 1o. The principles underlying this Act, are based on Articles 13, 47, 54 and 68 of the Constitution recognize in consideration of the dignity of its own people with limitations in their fundamental economic, social and cultural rights his complete personal fulfillment and total social integration and people with severe and profound limitations, the necessary assistance and protection. Effective Jurisprudence
. The State shall guarantee and ensure that its law does not prevail any inhabitant discrimination in its territory, by personal, economic, physical, physiological, psychic, sensory and social.
ARTICLE 3. The Colombian government inspires this law to the full social normalization and full integration of people with limitations and other legal provisions issued on the matter in the Declaration of Human Rights proclaimed by the United Nations in 1948, the Declaration on the Rights of Mentally Retarded Persons adopted by the UN on December 20, 1971, the Declaration on the Rights of Persons with Limitation, adopted by Resolution 3447 of the same organization, of 9 December 1975, the Convention 159 ILO, the Declaration of Sund Berg Torremolinos, Unesco 1981, the Declaration of the United Nations concerning persons with limitation 1983 and recommendation 168 of the ILO 1983. Effective Jurisprudence
ARTICLE 4. The branches of public authority shall make available all resources necessary for the exercise of the rights which article 1 refers to. of this Act, it is unavoidable obligation of the State prevention, medical and psychological care, adequate habilitation and rehabilitation, social and cultural appropriate education, counseling, job integration, guaranteeing fundamental economic, and.
For these purposes they will be required to participate for its effective implementation, the central administration, the decentralized sector, departmental, district and municipal administrations, all public and private corporations in the country.
The 5th ITEM. People with limitation must appear as such in the card affiliated with the Health Security System, whether contributory or subsidized scheme. For this purpose the health insurers should record the existence of the respective limitation on the membership card, for which requested in the membership form the respective information and verified through medical diagnosis if such restriction shall not be evident. This card
specifying the nature of limitation person and the degree of moderate, severe or profound limitation of the person. It will serve to identify themselves as holder of the rights established in this Act.
The National Council of Social Security in Health will carry out the necessary form and membership card members the General System of Health Social Security changes in order to incorporate the changes outlined here.
The provisions of this Article shall be without prejudice to the policies regarding people with limited establish the "National Advisory Committee on Persons with Limitations" which the following article refers to. Effective Jurisprudence
ARTICLE 6o. Effective Notes
OF PREVENTION, EDUCATION AND REHABILITATION
ARTICLE 7. The Government together with the Consultative Committee shall ensure that the necessary preventive measures are taken to reduce and possibly eliminate the various causes circumstances limitation thus preventing subsequent physical and psychosocial consequences that can lead to disability itself, such as: pre and post natal improving nutritional practices improving educational health actions improving health services proper education on hygiene and safety at home, at work control, and in the middle environment, control of accidents, among others.
To this end, the Health Promotion Entities included in the mandatory health plan actions aimed at early detection and timely intervention of limitation, and the Professional Risk Managers should include in their programs Occupational Health Guidelines that work safety issued by the Advisory Committee; departmental or municipal authorities should take appropriate measures transit Advisory Committee recommend them.
The provisions of this article includes support measures, diagnosis of impairment, disability and handicap and corresponding therapeutic actions by specialized in the medical field, nursing and therapeutic professionals. Effective Jurisprudence
Article 8. The Government through the Ministry of National Education will take the necessary measures so that both the educational process and the acculturation in general, ensure within the integral formation of the person preventing those conditions generally cause limitation.
For these purposes, public and private entities aimed at the training of professionals in education, health, social workers, psychologists, architects, engineers, or any other profession that may have interference in the issue, should include in its thematic curricula concerning the care and prevention of diseases and other causes of limitation and disability. Effective Jurisprudence
Article 9. From the effective date of this Act the National Government through the Ministries of Health, Labour and Education, should include in their plans and programs to develop a National Plan for Prevention with a view to the reduction and possible elimination of the causes limiting conditions and care of their consequences. For these purposes should be taken appropriate measures in the labor, health and social security sectors.
CHAPTER II. EDUCATION
ARTICLE 10. The Colombian State Public Education institutions ensure access to education and training in professional and technical primary, secondary levels, for people with limitations, for it who will have a comprehensive training within the most appropriate to their special needs room.
ARTICLE 11. In accordance with the provisions of Law 115 of 1994, no person shall be discriminated against because of their limitations, to access education service either in a public or private entity and to any level of training.
For these purposes and in accordance with the provisions of the following article, the Government will promote the integration of people with limited to regular classrooms in educational establishments are organized directly or by agreement with governmental and non-governmental, for which pedagogical actions necessary will be taken to integrate academic and socially limited, under an Institutional Educational Project.
The local authorities and the national government, through the National Joint Financing System will support these institutions in the development of programs established in this chapter and will provide educational materials that meet the specific needs depending on the type of limitation presented by the students.
ARTICLE 12. For purposes of the provisions of this chapter, the Government shall establish the methodology for the design and implementation of special educational programs an individual basis depending on the type of limitation, to ensure the least restrictive environment for the formation of people with limitations.
ARTICLE 13. The Ministry of Education set design, production and dissemination of specialized educational materials and training strategies and updating for teachers in service. It also must promote the realization of agreements between local authorities, universities and non-governmental organizations to provide special education programs, psychology, social work, occupational therapy, physiotherapy, speech therapy and speech therapy among others, to support the therapeutic processes and education for this population.
Both NGOs and other institutions of any kind that provide training services to limited rehabilitation should include as a dominant element of its programs.
PARÁGRAFO. All school at any level must have the means and resources to ensure proper education to people with severe and profound limitations. No school can deny educational services infirm persons, on pain of becoming creditor of sanctions imposed by the Ministry of Education or the Ministry of Education in delegated this power, which can range from successive fines pecuniary 50 100 minimum monthly wages until the closure of the establishment. These monies will enter the national, departmental or municipal treasury as appropriate.
ARTICLE 14. The Ministry of National Education and Icfes, establish special procedures and mechanisms to facilitate people with severe and profound physical and sensory limitations presentation of state exams and together with Icetex facilitate access to educational loans and scholarships to those who meet the requirements set by the state for this purpose. Also, COLDEPORTES promote and give financial support to a percentage not less than 10% of its regional budgets to local authorities for the development of recreation and sports programs aimed at the population limited physical, sensory and psychically. These programs should be included in the national plan of sport, recreation and physical education.
ARTICLE 15. The Government through institutions that promote culture provide the human, technical and financial resources to facilitate artistic and cultural development of the person with limitation. Likewise, public and private libraries have special services to ensure access for people with limitations.
These institutions taken to the effect, appropriate measures regarding architectural barriers within the year following the effective date of this Act, under penalty of sanctions to be imposed by the Ministry of Education or the Ministries of Education who delegated year, which can range from fines of 50 to 100 minimum monthly wages until the closure of the establishment. These monies will enter the national, departmental or municipal treasury as appropriate.
ARTICLE 16. The provisions of this chapter shall also apply to people with exceptionality, who are also guaranteed the right to comprehensive training in the most appropriate setting, according to individual specific needs and according to the provisions of the preceding articles. Effective Jurisprudence
ARTICLE 17. The Ministry of Education exercises permanent control over compliance with the provisions of the preceding articles. The Government shall regulate the provisions of this chapter within two months after the effective date of this Act.
CHAPTER III. REHABILITATION
ARTICLE 18. Any person limitation has not developed their full potential, or after their schooling has sustained the limitation, shall be entitled to follow the process required to achieve optimal levels of mental functioning, physical, physiological , occupational and social.
For this purpose the National Government through the Ministries of Labour, Health and Education, establish the necessary mechanisms for that limited have the programs and comprehensive rehabilitation services in terms of functional rehabilitation, vocational rehabilitation and which generally have the tools that allow them to self-realization, change the quality of their lives and to intervene in their immediate environment and society.
The foregoing is without prejudice to the obligations established in the rehabilitation Mandatory Health Plan for Health Promotion Companies and Professional Risk Administrators in the case of limitations arising from occupational disease or accidents.
limited scarce resources will be beneficiaries of Social Security Subsidized established in Law 100 of 1993.
For the purposes of this article and in order to expand the supply of services to the population, with limited beneficiary of the scheme, the National Council of Social Security in Health established by Law 100 of 1993, shall be included in the Mandatory Health Plan. Subsidized treatment services and rehabilitation of people with limitations, which should be embodied in a decree issued by the Ministry of Health.
PARÁGRAFO. The Ministry of Health and the National Board of Health and Social Security will determine the benefits to which they have access limited poor not affiliated with the Social Security System in Health established by Law 100 of 1993, until 2001, the date on that coverage is universal.
ARTICLE 20. Municipalities may allocate resources for their participation in the current revenue of the nation to subsidize the purchase of prosthetics, orthotics and other elements necessary for the population with limited scarce resources within the attentions of the Mandatory Plan of health.
ARTICLE 21. In order to improve the provision of comprehensive rehabilitation services to limited, the Presidential Council will promote initiatives to implement projects at the head of the local authorities, non-governmental organizations and international technical cooperation, so that every person limited, during their education, training, habilitation or rehabilitation as appropriate, is entitled to provide him special equipment and aids required to successfully complete the process.
ARTICLE 22. The Government within the national employment policy take appropriate measures aimed at creating and promoting jobs for people with limited, for which it will use all appropriate mechanisms through the Ministries of Labour and Social Security, Public Health, education and other government entities, organizations of persons with limited engaged in education, special education, training, the empowerment and rehabilitation. Likewise, the Government will establish
sheltered employment programs for those cases where the decline suffered not allow insertion of the competitive system.
ARTICLE 23. The National Apprenticeship Service, Sena, held activities to promote their courses among the population with limited access and allow equal to that population prior assessment of their potential to different training programs. Also through information services for employment will establish lines of work orientation for relating the capacities of the beneficiary and the compliance with labor demand.
ARTICLE 24. Employers individuals occupationally linking people with limited shall have the following guarantees:
a) To be preferred on equal terms in the bidding process, award and conclusion of contracts, whether public or private if they are on the payroll at least a minimum of 10% of its employees in disabling conditions set forth in this law duly certified by the office work of the respective area and contracted at least one year before; They should also be maintained for a period equal to the contract;
B) Priority in awarding grants from state credit agencies, provided they are geared to the development of plans and programs involving the active and ongoing participation of persons with limitation;
C) The Government shall fix the tariff rates on imports of machinery and equipment or specially adapted for the management of people with limitations. The Government will sort and define the type of equipment that are considered covered by the beneficiary.
ARTICLE 25. The Government through the Advisory Committee that Article 6 concerns. You can request detailed and updated information on the benefits and results of programs for people with limited statistics.
ARTICLE 26. NON-DISCRIMINATION A PERSON WITH DISABILITIES. In any case the limitation of a person, may be a reason to hinder employment relationship, unless such limitation is clearly demonstrated as incompatible and unsurpassed in the position to be played. Likewise, no limited person may be dismissed or his contract terminated by reason of its limitation, except with the authorization of the Office of Labor.
However, whoever they are fired or his contract terminated by reason of its limitation, without the requirement provided for in the preceding paragraph shall be entitled to compensation equal to one hundred and eighty days of wages, without prejudice to other benefits and indemnities place in accordance with the Labour Code and other regulations that modify, add, supplement or clarify. Effective Notes
contests are organized for admission to public service, will be admitted on equal terms the people with limitations, and if cometh to present a draw will be preferred between the person eligible limitation, as long as the type or kind of limitation end result not incompatible or insurmountable against the job offered, after all possible means have been exhausted training.
ARTICLE 28. Public Entities may establish agreements vocational education and training with the National Apprenticeship Service, Sena, with universities, schools, non-governmental organizations or specialized institutions to prepare people with limitations, according to requirements and required for the position and the degree of specialization of the same skills.
ARTICLE 29. Persons with limitation based on authorized medical certification, can not enjoy a competitive employment and therefore can not produce income at least equivalent to the legal minimum wage, have the right to be a beneficiary of Subsidized Social Security, established in Law 100 of 1993.
ARTICLE 30. State agencies of all kinds, prefer being equal, products, goods and services that are offered by non-profit entities formed by people with limited them.
State entities with telephone switches, equal prefer to operate for people with severe and profound hearing limitations other than those properly trained for the purpose.
employers employing workers with no lower limit to 25% proven and are required to submit declarations of income and complementary, they are entitled to deduct from income 200% of the value of wages and benefits paid during the year or taxable period to workers with limited, while this persists.
PARÁGRAFO. The share of apprentices is required to hire the employer shall be reduced by 50% if contracted by him are people with proven no less than 25% disability.
ARTICLE 32. People with limitations that are working in Sheltered workshop shall not be paid below 50% of the legal minimum wage, except when the person is still limited on therapy in which case it may not be paid below 75% of the legal minimum wage. Effective Jurisprudence
ARTICLE 33. Admission to public or private limited service person who is pensioned, will not involve the loss or suspension of their pension allowance, provided that no double assignment involving the public treasury. Effective Jurisprudence
ARTICLE 34. The National Government through the Ministry of Development (Industrial Development Institute - IFI), establish lines of soft loans for the operation and establishment of small and medium-sized enterprises whatever their legal form, engaged in production materials, equipment, accessories, parts or aids that allow people with limited develop daily activities, or serve them for prevention, restoration or correction of the relevant limitation or that are used for sport or recreational practice of these people. To access these credit lines these companies must be owned by one or more limited people and their personnel shall consist of not less than 80% of people with limitations.
TITLE III. SOCIAL WELFARE
development of the provisions of Articles 1, 13, 47, 54, 68 and 366 of the Constitution, the State shall ensure that persons with limited receive social care they need, according to their degree of limitation .
Within these services it will be given special priority to information work and family counseling; and the installation of residences, group homes and conducting cultural, sporting and recreational activities.
PARÁGRAFO. Without prejudice to the tasks on this aspect corresponds to other entities and agencies, as provided in this article especially activities relating to guidance and information of the limited population will be in charge of the Presidential Council, which for this purpose organize a special guidance and information office, constantly open to the public.
ARTICLE 36. The family counseling services, will aim to inform and empower families and train future to meet the stimulation of those of its members who suffer from some kind of limitation, with a view to normalizing their family environment as one of the dominant elements of their comprehensive training. Effective Jurisprudence
ARTICLE 37. The Government through the Colombian Family Welfare Institute and in cooperation with organizations of persons with limited allocate the necessary resources to create a national network of homes, community homes and schools work which will aim to meet the needs of people with severe and profound severe, devoid of family constraints, or even having it suffer from severe integration problems.
ARTICLE 38. Any national mailing of special material for the care, education, training and rehabilitation of persons with limitation shall enjoy free postage. For this purpose test is required on the nature of the material. The National Postal Administration - Adpostal - open a register of public or private organizations representing people with limited or clump together. In any case a maximum monthly allowance of shipments such franchises will be established.
ARTICLE 39. The Government through COLDEPORTES organize and finance the development of sports and recreation events nationwide for the participation of people with limitations, as well as for organizations that serve them in events of this nature international level.
public sports fields and scenarios should be provided to the official or private organizations engaged in education, training and rehabilitation of people with limitations, upon written request to COLDEPORTES or administrative boards of the sport. These organizations facilitate and coordinate the use of these fields and sports venues by the population limitation.
PARÁGRAFO. The boards of departmental and municipal sports authorities who believe the assemblies and councils respectively, will be 6 members, one of whom shall be a representative of the sporting activity limited. The other members will continue to appointed in accordance with the provisions of Law 181 of 1995.
ARTICLE 41. The cultural scenarios of property of the Nation or any other public entity, should be provided to the public or private organizations dedicated to education, rehabilitation and training of persons with limited or their organizations upon request in such sense to Colcultura or the relevant regional entities.
ARTICLE 42. From the effective date of this law, the Board of the Bank of the Republic must bear in mind that all paper money and coins to be issued, shall be differentiated so that it can be easily distinguished by everyone, it is normal or limited.
TITLE IV. ACCESSIBILITY