By Which Mechanisms Of Social Integration Of People With Limitations Are Established And Other Provisions

Original Language Title: Por la cual se establecen mecanismos de integraciĆ³n social de las personas con limitaciĆ³n y se dictan otras disposiciones

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361 OF 1997

(February 7)

Official Journal No. 42,978 of 11 February 1997

By which social integration mechanisms are established for people with limitation and other provisions are dictated.

Vigency Notes Summary
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THE CONGRESS OF COLOMBIA,

DECRETA:

TITLE I.

OF GENERAL PRINCIPLES

ARTICLE 1o. The principles that inspire this Law are based on articles 13, 47, 54 and 68 that the National Constitution recognizes in consideration of the dignity that is owned by the people with limitation < 1 > on your fundamental, economic, social and cultural rights for your complete personal realization and total social integration and people with limitations <1 > severe and deep, the necessary assistance and protection.

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ARTICLE 2o. The State shall ensure and ensure that in its legal system there is no discrimination against any inhabitant in its territory, due to personal, economic, physical, physiological circumstances, Psychic, sensory and social.

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ARTICLE 3o. The Colombian State inspires this law for full social normalization and the total integration of people with limitation < 1 > and other legal provisions to be issued on the matter in the Declaration of Human Rights proclaimed by the United Nations in 1948, in the Declaration of the Rights of the Poor Mental Health and Human Rights, adopted by the UN on December 20, 1971, in the Declaration of the Rights of the Persons with Limitation, approved by Resolution 3447 of the same organization, of 9 December 1975, in Convention 159 of the ILO, in the Declaration of Sund Berg of Torremolinos, Unesco 1981, in the Declaration of the United Nations In the case of persons with a limitation of 1983 and in recommendation 168 of the ILO of 1983.

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ARTICLE 4. The branches of public power shall make available all the necessary resources for the exercise of the rights referred to in Article 1. of this Law, being the unavoidable obligation of the State the prevention, the medical and psychological care, the appropriate habilitation and rehabilitation, the appropriate education, the orientation, the integration of the labor, the guarantee of the rights economic, cultural and social fundamentals.

For these purposes, the central government, the decentralized sector, the departmental, district and municipal administrations, all public and private corporations in the country, will be obliged to participate.

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ARTICLE 5o. People with limitation <1 > must appear qualified as such in the membership card. Health Security System, either the contributory or subsidized regime. For this purpose, the health-promoting companies must record the existence of the respective limitation in the membership card, for which they will request in the affiliation form the respective information and verify it through medical diagnosis in case that limitation <1 > is not evident.

That meat will specify the person character with limitation <1 > and the degree of limitation <1 > moderate, severe, or deep of the person. It will serve to identify itself as the holder of the rights established in this Law.

The National Council of Social Security in Health will make the necessary modifications to the membership form and the meat of the members of the General System of Social Security in Health with the object of incorporating the modifications here points.

The provisions in this article are without prejudice to policies that are related to persons with limitation <1 > set the " Committee National Advisory of Persons with Limitation " referred to in the following Article.

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ARTICLE 6o. 19 of Law 1145 of 2007 >

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TITLE II.

OF PREVENTION, EDUCATION, AND REHABILITATION

CHAPTER I.

OF THE PREVENTION

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ARTICLE 7o. C-458-15 > The Government, together with the Advisory Committee, will ensure that the necessary preventive measures are taken to reduce and to eliminate the different circumstances that cause style="text-decoration: line-through;"> limitation thus avoiding subsequent physical and psychosocial consequences that may lead to the handicap itself, such as: pre-control and post natal, the improvement of nutritional practices, the improvement of educational actions in health, improvement of health services, due education in the field of hygiene and safety in the home, in work and in the environment, the control of accidents, among others.

For this purpose, Health Promoter Entities will include in their mandatory Health Plan actions aimed at early detection and timely intervention of the limitation , and the Professional Risk Management must include in its Occupational Health programmes guidelines on occupational safety and safety of the Advisory Committee; the relevant departmental or municipal authorities must adopt the transit measures recommended to them by the Advisory Committee.

This article includes support measures, diagnosis of disability, disability and disability and the corresponding therapeutic actions performed by professionals. specialized in the medical field, nursing and therapeutic.

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ARTICLE 8. The Government through the Ministry of National Education will take the necessary measures to ensure that in the educational process as well as in the cultural process in general, it is ensured within the training integral of the person preventing those conditions generally causing limitation .

For these purposes public and private entities that aim to train and train education, health, social workers, psychologists, architects, engineers, or any other profession that may have On the topic, they should include in their thematic curricula concerning the care and prevention of diseases and other causes of limitation and minusvalies .

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ARTICLE 9o. As of the current law, the National Government through the Ministries of Health, Labor and Education, will have to include in its plans and programs the development of a National Plan of Prevention with a view to reducing and possibly eliminating the conditions causing limitation <1 > and to the attention of its consequences. For these purposes, the relevant measures must be taken in the sectors of employment, health and social security.

CHAPTER II.

EDUCATION

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ARTICLE 10. The Colombian State in its institutions of Public Education will guarantee access to education and training at the primary, secondary, professional and technical levels for people style="text-decoration: line-through;"> with limitation <1 >, who for this will have a comprehensive training within the environment most appropriate to their special needs.

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ARTICLE 11. In accordance with the provisions of Law 115 of 1994, no one can be discriminated against because of their limitation < 1 >, to access the education service either in a public or private entity and for any level of education.

For these purposes and in accordance with the following article, the National Government will promote the integration of the population with limitation < 1 > to regular classrooms in educational establishments that are organized directly or by agreement with governmental and non-governmental entities, for which the pedagogical actions necessary to integrate academic and socially to the limited <1 >, in the framework of an Institutional Educational Project.

The territorial entities and the National Government, through the National System of Cofinancing, will support these institutions in the development of the programs established in this chapter and will provide them with the educational materials that will respond to specific needs based on the type of limitation <1 > that students present.

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ARTICLE 12. For the purposes of this chapter, the National Government must establish the methodology for the design and implementation of special educational programs of an individual character according to the type of limitation <1 >, which ensure the least restrictive environment for the integral training of people with limitation < 1 >.

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ARTICLE 13. The Ministry of National Education will establish the design, production and dissemination of specialized educational materials, as well as training and updating strategies for teachers in service. It should also promote the implementation of agreements between the territorial administrations, the universities and non-governmental organizations that offer special education programs, psychology, social work, occupational therapy, physiotherapy, language therapy and speech therapy among others, to support the therapeutic and educational processes aimed at this population.

Both Non-Governmental Organizations and other institutions of any nature providing training services to the limited ones < 1 >, they should include rehabilitation as a preponderant element of their programs.

PARAGRAFO. Every educational center at any level must have the means and resources to ensure appropriate educational care for people with limitations < 1 > severe and deep. No educational center will be able to deny educational services to people physically limited <1 >, so it can be a creditor of sanctions that The Ministry of National Education or the Ministry of Education in which it delegates this faculty, may be imposed from successive fines of 50 to 100 monthly minimum legal salaries until the establishment is closed. These monies will be paid to the National, Departmental or Municipal Treasury according to the case.

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ARTICLE 14. The Ministry of National Education and the Icfes will establish procedures and special mechanisms to people with limitations <1 > severe and deep physical and sensory presentation of state exams and jointly with the Icetex, will facilitate access to educational credits and scholarships to those who fill the State requirements for this purpose. Likewise, Coldesports will promote and provide financial support with a percentage of not less than 10% of its regional budgets, to the territorial entities for the development of recreation and sports programs aimed at the population limited <1 > physically, sensory, and symically. These programs should be included in the national plan for sport, recreation and physical education.

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ARTICLE 15. The government through the institutions that promote culture will provide the human, technical and economic resources that facilitate the artistic and cultural development of the person with limitation <1 >. Also public and private libraries will have special services that ensure access for people with limitation <1 >.

These institutions will take into account the relevant measures on architectural barriers within the year following the validity of this Law, under the penalty of sanctions imposed by the Ministry of National Education or the Ministry of Education. Education secretariats in whom you delegate, who can range from fines of 50 to 100 minimum monthly legal salaries until the establishment is closed. These monies will be paid to the National, Departmental or Municipal Treasury according to the case.

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ARTICLE 16. The provisions of this chapter will also apply to people with exceptionality, who are also guaranteed the right to comprehensive training within the more appropriate environment, according to individual specific needs and in accordance with the provisions set out in the preceding articles.

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ARTICLE 17. The Ministry of National Education will exercise permanent control over compliance with the provisions contained in the preceding articles. The Government shall regulate the provisions of this Chapter within two months of the date of validity of this Law.

CHAPTER III.

OF REHABILITATION

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ARTICLE 18. Everyone with limitation <1 > that has not fully developed its capabilities, or that with after your schooling has suffered the limitation <1 >, you will have the right to follow the process required to achieve your optimal levels of psychic, physical, physiological, occupational and social.

For these purposes the National Government through the Ministries of Labor, Health and National Education will establish the necessary mechanisms for the limited < 1 > have comprehensive rehabilitation programs and services, in terms of functional rehabilitation, professional rehabilitation, and in general to have the tools to enable them self-realization, change the quality of their lives and intervene in their immediate environment and in society.

This is without prejudice to the rehabilitation obligations set out in the Mandatory Health Plan for Health Promoters and for the Professional Risk Administrators in the case of limitations <1 > arising from occupational disease or work accidents.

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ARTICLE 19. Llimited os <1 > of scarce resources will be beneficiaries of the Subsidized Security Scheme Social security established by Law 100 of 1993.

For the purposes of this article and in order to extend the offering of services to the population, with limitation <1 > would benefit from such a regime, The National Council for Social Security in Health established by Law 100 of 1993, must include in the Mandatory Health Plan. Subsidized, the treatment and rehabilitation services of the population with limitation <1 >, which must be translated into a decree issued by the Ministry of Health.

PARAGRAFO. The Ministry of Health and the National Health Security Council will determine the benefits to which the limited <1 > of scarce resources not affiliated with the Social Security System in Health established in Law 100 of 1993, until the year 2001, when the coverage will be universal.

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ARTICLE 20. The Municipalities will be able to allocate resources from their participation in the current income of the Nation to subsidize the acquisition of prostheses, braces or other necessary elements for the population with limitation <1 > of scarce resources, within the care of the Mandatory Health Plan.

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ARTICLE 21. In order to improve the offer of comprehensive rehabilitation services to the limited <1 >, the Presidential Counseling will promote initiatives to implement projects in the head of territorial entities, non-governmental organizations and international technical cooperation, so that all limited persons, during their process of education, training, empowerment or rehabilitation as appropriate, has the right to be provided with the special equipment and aids required to successfully complete the process.

CHAPTER IV.

OF LABOR INTEGRATION

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ARTICLE 22. The Government within the national employment policy shall take appropriate measures to create and promote the sources of work for persons with limitation <1 >, for which you will use all appropriate mechanisms through the Ministries of Work and Social Security, Public Health, National Education, and other government entities, people organizations with limitation <1 > that are dedicated to education, special education, training, enablement, and rehabilitation.

The government will also establish protected employment programs for cases where the decreased <1 > does not allow for insertion into the competitive system.

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ARTICLE 23. The National Learning Service, Sena, will perform actions to promote its courses among the population with limitation < 1 > and will allow access on equal terms for that population, after assessing their potential for the different training programmes. In addition, through the provision of information services for employment, a number of lines of employment guidance will be established to link the capacity of the beneficiary and its adequacy with labour demand.

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ARTICLE 24. Private employers who work with <1 > laborally will have the following guarantees:

(a) To be preferred on an equal footing in the tendering, award and conclusion of contracts, whether they are public or private if they have at least a minimum of 10% of their employees on their payroll conditions of disability set out in this law duly certified by the office of work of the respective area and contracted at least before one year; they shall also be maintained for a period equal to that of the procurement;

b) The relationship between the granting of credits from state agencies, provided that they are directed towards the development of plans and programs involving the active and permanent participation of people with limitation <1 >;

c) The government shall fix the import tariff rates for machinery and equipment specially adopted or intended for handling persons with limitation < 1 >. The Government will classify and define the type of equipment that is considered to be covered by the payee.

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ARTICLE 25. The Government through the Advisory Committee referred to in Article 6o. You will be able to request detailed and updated statistics on the benefits and results of programs for people with limitation <1 >.

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ARTICLE 26. NON-DISCRIMINATION TO A PERSON IN A DISABILITY SITUATION. In no case will the limitation <1 > of a person be a reason for hindering a labor linkage, unless such limitation <1 > is clearly demonstrated as incompatible and unsurpassed in the charge to be performed. Likewise, no limited <1 > person can be terminated or terminated by reason of their limitation <1 >, unless you mediate the work office.

However, those who were terminated or terminated for reason of their limitation <1 >, without the compliance of the requirement in the (a) the following point shall be entitled to an allowance equivalent to one hundred and eighty days of the salary, without prejudice to the other benefits and allowances to which it has taken place in accordance with the Substantive Labour Code and other rules which modify, add, supplement, or clarify.

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ARTICLE 27. In contests that are organized for public service entry, people with limitation < 1 >, and if a tie is to be presented, the eligible with limitation <1 >will be preferred among those eligible, as long as the type or class of limitation <1 > are not incompatible or insuperable to the job offered, after all possible means of training have been exhausted.

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ARTICLE 28. Public Entities will be able to establish training and professional training agreements with the National Learning Service, Sena, with universities, educational centers, organizations government or specialized institutions to prepare people with limitation <1 >, according to the requirements and skills required for the and according to the degree of specialization of the same.

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ARTICLE 29. People with limitation <1 > that based on authorized medical certification, cannot enjoy a competitive job and therefore cannot produce income at least equivalent to the current minimum wage, they will have the right to be a beneficiary of the subsidized Social Security Regime, established in Law 100 of 1993.

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ARTICLE 30. State entities of any order, shall prefer on an equal basis, the products, goods and services offered to them by non-profit entities constituted by persons with limitation <1 >.

State entities that have telephone switches, will prefer a level playing field for their operation to people with limitations < 1 > severe and deep different to the auditives properly trained for the effect.

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ARTICLE 31. Employers who occupy workers with limitation <1 > not less than 25% checked and that are required to provide income and supplementary income, have the right to deduct from the income 200% of the value of the wages and social benefits paid during the year or taxable period to workers with limitation < 1 >, while it is a subsidiary.

PARAGRAFO. The share of apprentices who are obliged to hire the employer will be reduced by 50%, if those hired by him are persons with a proven disability of not less than 25%.

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ARTICLE 32. People with limitation <1 > that are working in sheltered work workshops, not may be remunerated below 50% of the statutory minimum wage, except where the limited amount is still under therapy in which case it cannot be paid under 75% of the current statutory minimum wage.

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ARTICLE 33. The entry into the public or private service of a person limited <1 > that is penalized, will not involve the loss of or suspension of your pension table, provided it does not involve double allocation of the public treasury.

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ARTICLE 34. The National Government through the Ministry of Development (Instituto de Fomento Industrial-IFI) will establish soft credit lines for the operation and constitution of small and medium-sized enterprises. companies whatever their legal form, dedicated to the production of materials, equipment, accessories, parts or aids that allow people with limitation < 1 > develop daily activities, or serve them for the prevention, restoration, or correction of the corresponding limitation <1 > or that are used for the sport or recreational practice of these people. To gain access to these lines of credit, these companies must be owned by one or more Limited <1 > and your staff plant will be integrated in no less than 80% by people with limitation <1 >.

TITLE III.

SOCIAL WELFARE

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ARTICLE 35. In development as set out in 1or, 13, 47, 54, 68 , and 366 of the Constitution Policy, the State will ensure that people with limitation <1 > receive the social care they require, depending on their degree of limitation < 1 >.

Within these services, special priority will be given to the work of information and family orientation; as well as the installation of residences, community homes and the realization of cultural, sports and recreational activities.

PARAGRAFO. Without prejudice to the work carried out on this aspect by other entities and bodies, as provided for in this article, in particular the activities related to the orientation and information of the population limited <1 >, will be in charge of the Presidential Counselor, which for these purposes will organize a special office of orientation and information, open constantly to the public.

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ARTICLE 36. Family guidance services will aim to inform and train families, as well as train workers to care for the stimulation of those of their members who suffer from some type of limitation <1 >, with a view to achieving the normalization of your family environment as one of the preponderant elements of your training integral.

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ARTICLE 37. The Government through the Colombian Family Welfare Institute and in cooperation with people's organizations with limitation < 1 >, appropriate the resources required to create a national network of residences, community homes, and work schools whose goal will be to address the needs of those people style="text-decoration: line-through;"> with limitations < 1 > severe and deep severe, family-lacking, or even having severe integration problems.

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ARTICLE 38. Any national postal shipment of special material for the attention, education, training and rehabilitation of persons with limitation < 1 >, will have postal franchise. For these purposes it will be necessary to test the nature of the material. The National Postal Administration-Adpostal-will open a register of public or private organizations representing or grouping persons with limitation < 1 >. In any case, a maximum monthly quota of such a franchise will be established.

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ARTICLE 39. The Government through Coldesports will organize and fund the development of national sports and recreation events for the participation of people with limitation <1 >, as well as those organizations, which provide services to them at events of this nature internationally.

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ARTICLE 40. Public sports fields and scenarios must be provided to the official or private bodies involved in the education, empowerment and rehabilitation of people style="text-decoration: line-through;"> with limitation <1 >, upon written request to Colsports or the sport's administrative boards. These agencies will facilitate and coordinate the use of such fields and sports scenarios by the limited population <1 >.

PARAGRAFO. The boards of the departmental and municipal sports entities that create the assemblies and the councils respectively, will be of 6 members, one of them must be a representative of the sports activity of the limited <1 >. Other members will remain designated in accordance with the provisions of Act 181 of 1995.

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ARTICLE 41. The cultural stages of ownership of the Nation or any other public entity shall be provided to the official or private entities engaged in education, rehabilitation, and training of people with limitation <1 > or their organizations, upon request in such a way to Colcultura or regional entities corresponding.

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ARTICLE 42. As of the validity of this law, the Board of Directors of the Bank of the Republic shall take into account that any paper currency and coin that is issued must be differentiated in such a way that that can be easily distinguishable by any person, whether it is normal or limited <1 >.

TITLE IV.

ACCESSIBILITY

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