Key Benefits:
statutory law 1618 OF 2013
(February 27)
Official Journal No. 48.717 of 27 February 2013
CONGRESS OF THE REPUBLIC
By means of which provisions are established to ensure the full exercise of the rights of persons with disabilities.
COLOMBIA CONGRESS
DECRETA:
OBJECT.
ARTICLE 1o. OBJECT. The purpose of this law is to ensure and ensure the effective exercise of the rights of persons with disabilities by adopting measures of inclusion, affirmative action and reasonable accommodation and eliminating any form of discrimination on the basis of disability, in accordance with Law 1346 of 2009.
DEFINITIONS AND PRINCIPLES.
ARTICLE 2o. DEFINITIONS. For the purposes of this law, the following concepts are defined:
1. Persons with and/or in a disability situation: Those persons who have physical, mental, intellectual or sensory impairments in the medium and long term that, when interacting with various barriers including the actitudinal, can prevent their full and effective participation in society, on an equal footing with others.
2. Social inclusion: It is a process that ensures that all people have the same opportunities, and the real and effective possibility of accessing, participating, engaging and enjoying a good, service or environment, along with other citizens, without any limitation or restriction on the grounds of disability, through concrete actions to help improve the quality of life of people with disabilities.
3. Affirmative actions: Policies, measures or actions aimed at favoring persons or groups with some type of disability, in order to eliminate or reduce inequalities and barriers of type Atitudinal, social, cultural or economic that the affect.
4. Access and accessibility: Relevant conditions and measures to be met by facilities and information services to adapt the environment, products and services, as well as objects, tools and tools, in order to ensure the access of persons with disabilities, on an equal footing, to the physical environment, transport, information and communications, including information and communications systems and technologies, in both urban and urban areas rural. Technical assistance shall be made with appropriate technology taking into account the person's height, size, weight and need.
5. Barriers: Any kind of obstacle that prevents the effective exercise of the rights of people with some kind of disability. These can be:
(a) Actitudinal: Those behaviors, words, phrases, feelings, preconceptions, stigmas, which prevent or hinder the access in conditions of equality of the persons with and/or in the situation of disability to the spaces, objects, services and in general the possibilities offered by society;
b) Communicative: Those obstacles that prevent or hinder access to information, consultation, knowledge and in general, the development in conditions of equality of the communicative process of people with disability through any means or mode of communication, including difficulties in the communicative interaction of people.
c) Physical: Those material, tangible or constructed obstacles that prevent or hinder the access and use of public and private spaces, objects and services, on an equal basis by the persons with disabilities.
6. Functional rehabilitation: The process of medical and therapeutic actions, aimed at achieving that people with disabilities are in a position to reach and maintain an optimal functional state from the physical, sensory point of view, intellectual, mental or social, so that you can modify your own life and become more independent.
7. Comprehensive rehabilitation: Improvement of the quality of life and the full integration of the person with disabilities into the family, social and occupational, through therapeutic, educational and training processes that are in accordance with the type of disability.
8. Differential Approach: It is the inclusion in public policies of effective measures to ensure that actions adjusted to the particular characteristics of the population or population groups are brought forward to ensure the exercise cash of their rights in accordance with specific and specific protection needs.
9. National and regional networks of and for people with disabilities: These are structures without legal status, which group and organizations for people with disabilities, who support the implementation of the convention
on the rights of people with disabilities.
PARAGRAFO. For the purposes of this law, the definitions of "communication", "Language", "discrimination on grounds of disability", "reasonable adjustments" and "universal design", established in the Law 1346 of 2009.
ARTICLE 3o. PRINCIPLES. This law is governed by the principles of human dignity, respect, individual autonomy, independence, equality, equity, justice, inclusion, progressiveness in funding, equal opportunities, protection, discrimination, solidarity, pluralism, accessibility, diversity, respect, acceptance of the differences and participation of persons with disabilities, in accordance with Law 1346 of 2009.
ARTICLE 4. NORMATIVE DIMENSION. This law is complemented by international conventions, conventions and conventions on human rights related to Persons with Disabilities, approved and ratified by Colombia.
In no case will any of the rights recognized in favor of persons with disabilities, in domestic legislation or international conventions, be restricted or undermined by the implementation of this rule.
OBLIGATIONS OF THE STATE AND SOCIETY.
ARTICLE 5o. GUARANTEE OF THE EFFECTIVE EXERCISE OF ALL THE RIGHTS OF PERSONS WITH DISABILITIES AND OF THEIR INCLUSION. Public entities of the national, departmental, municipal, district and local order, within the framework of the National Disability System, are responsible for the real and effective inclusion of persons with disabilities, and should ensure that all policies, plans and programmes guarantee the full and effective exercise of their rights, in accordance with Article 3or literal c), Act 1346, 2009. For this purpose, public authorities shall, inter alia, implement the following actions:
1. Take the necessary measures to comply with the obligations acquired under Article 4or Law 1346 of 2009.
2. The Nation, the departments, districts, municipalities and localities, according to their competencies, as well as all the state entities of all territorial orders, will incorporate in their national and territorial development plans, as well as in the respective sectorial and institutional, their respective public disability policy, based on Act 1145 of 2007, in order to ensure the effective exercise of the rights of the persons with disabilities, as well as ensuring the real and effective access of persons with disabilities and their families to the different social services offered to other citizens.
3. Ensure that in the design, implementation, monitoring, monitoring and evaluation of their plans, programmes and projects a differential approach is included to ensure that people with disabilities benefit on an equal footing and in terms of equity with the other persons in the respective plan, programme or project.
4. Incorporate into your budget and investment plans, the necessary resources to implement reasonable adjustments that are required for people with disabilities to access a particular social service or service, and to publish This information is available for consultation of citizens.
5. Implement mechanisms to keep the registry updated for the location and characterization of persons with disabilities, integrated in the social protection information system, administered by the Ministry of Health and Protection Social.
6. Take measures to encourage and guide strategies for international cooperation and private social investment to generate programs and projects aimed at improving the conditions of people with disabilities, as well as in the implementation of reasonable adjustments and actions for the social inclusion of persons with disabilities, under the coordination of the Colombian agency of international cooperation or who does its own times.
7. Implement the necessary mechanisms to ensure the full participation of people with disabilities in the formulation of different public policies.
8. All Ministries, in accordance with the guideline of the Ministry of Finance and Public Credit and the National Planning Department, will draw up an interinstitutional plan in a term not greater than two (2) years in which the resources required for the protection of the rights of persons with disabilities. The National Government will appropriate the necessary resources in accordance with the Legislative Act number 03 of 2011.
9. The Ministry of Finance and Public Credit and the National Planning Department will annually prepare the economic studies required to establish progressively, in the medium-term fiscal framework, the amounts of the resources. necessary to include within the national budget for the implementation of policies, plans, programmes and projects that guarantee the full and effective exercise of the rights of persons with disabilities. In accordance with the obligations acquired by Colombia in the number 1 literal a, and 2o, of article 4or, Law 1346 of 2009.
10. The national, departmental, municipal, district and local public authorities will include in their annual budgets, in a progressive manner, in the fiscal framework in the medium term, the necessary items to make effective the actions contained in the the exercise of the rights of persons with disabilities.
11. The Ministry of the Interior, the Ministry of Commerce, Industry and Tourism, and the Ministry of Labor, or those who do their times will have the necessary mechanisms for the integration of a Council for the Inclusion of Disability.
12. The National Planning Department (DNP) will take appropriate measures to ensure that when families have one or more persons with disabilities, the score in the socioeconomic classification is in line with the type of disability and the degree of disability. (a) a deficiency granted by the authorized body, in order to facilitate the registration of these family groups in the Sisben and consequently access to the social programs.
13. Territorial administrations must include in their development plans actions to strengthen the Register of Localization and Characterization of Persons with Disabilities (Rlcpcd), integrated into the Social Protection Information System (Sispro), and incorporate the disability variable into other social protection systems and their administrative records.
ARTICLE 6o. DUTIES OF SOCIETY. It is the duties of the family, private companies, non-governmental organizations, guilds and society in general:
1. Integrate local and municipal vetoes.
2. Companies, guilds, non-governmental organizations, Chambers of Commerce, trade unions and organizations of persons with disabilities, will integrate the Council for the Inclusion of the Disability, which for the effect is created in the numeral 11 of 5or. This council will aim to coordinate actions that the private sector will pursue in order to contribute to the exercise of the rights and inclusion of people with disabilities.
3. Promote, disseminate, respect and make visible the effective exercise of all the rights of persons with disabilities.
4. Assume the shared responsibility of avoiding and removing acts of law, social, cultural, physical, architectural, communication, and any other type of barriers that prevent the effective participation of persons with disabilities and their families.
5. Participate in the construction and implementation of policies for the social inclusion of people with disabilities.
6. Ensure that the rights of persons with disabilities are respected and guaranteed.
7. Report any act of exclusion, discrimination or segregation against persons with disabilities.
MEASURES TO GUARANTEE THE EFFECTIVE EXERCISE OF THE RIGHTS OF PERSONS WITH DISABILITIES.
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ARTICLE 7o. RIGHTS OF CHILDREN WITH DISABILITIES. In accordance with the Political Constitution, the Children and Adolescents Act, Article 7or Law 1346 of 2009, all children with disabilities must enjoy fully of their rights on a level playing field with other children. In order to ensure the effective exercise of the rights of children with disabilities, the National Government, departmental and municipal governments, through the bodies and bodies responsible, shall adopt the following measures:
1. To integrate all the policies and strategies of care and protection of early childhood, special mechanisms of inclusion for the exercise of the rights of children with disabilities.
2. Establish early detection and disability screening programmes for children who are at high risk during early childhood to acquire a disability or disability.
3. The Territorial Health Directorates, Health Sectionals of each department, districts and municipalities, will establish programs of support and guidance to pregnant mothers of children with high risk of acquiring a disability or disability; to accompany them in their pregnancy, developing proposals for formation in intrauterine stimulation, and accompaniment during early childhood.
4. All Ministries and entities of the National Government shall ensure the comprehensive rehabilitation and rehabilitation service of children with disabilities so that they can enjoy their rights and structure and maintain guidance and support mechanisms for their families.
5. The Ministry of Education or the Ministry of Education will establish strategies to promote and pedagogy the rights of children with disabilities.
6. The Ministry of Education will design the programs aimed at ensuring the relevant inclusive initial education of children with disabilities in schools, according to their diversity.
ARTICLE 8o. ACCOMPANYING FAMILIES. The inclusion measures of persons with disabilities will adopt the strategy of Rehabilitation Based in the Community (RBC) integrating their families and their community in all fields of human activity, in special to low-income families, and to the families of those most at risk of exclusion due to their degree of disability, in accordance with Article 23 of Law 1346 of 2009, for which they will be adopted the following measures:
1. National, departmental, municipal, district and local competent entities, as well as the Colombian Family Welfare Institute (ICBF), should support programs aimed at developing the capabilities of the person, the family and the community in self-care and in the identification of risks that cause disability.
2. The national, departmental, municipal, district and local competent entities, as well as the Colombian Family Welfare Institute (ICBF), will have to establish support and support programs for the families of disability, which must be articulated with other strategies of inclusion, social development and overcoming poverty.
3. The Colombian Institute of Family Welfare (ICBF), or the entity that does its time, should establish programs to support and train caregivers, related to the care of persons with disabilities, in alliance with the SENA and other institutions. which integrate the national disability system.
4. Implement strategies to support and strengthen families and caregivers with and in a disability situation for their proper care, promoting the development of programs and care spaces for people who assume this commitment.
5. In the plans, programs and projects of national and international cooperation that are of interest to the population with disabilities agreed with the government, will include the variable of disability and integral attention to their families, to guarantee the effective exercise of their rights.
ARTICLE 9o. RIGHT TO COMPREHENSIVE REHABILITATION AND REHABILITATION. All persons with disabilities have the right to access the comprehensive rehabilitation and rehabilitation processes while respecting their specific needs and possibilities with the objective of achieve and maintain maximum autonomy and independence, in their physical, mental and vocational capacity, as well as full inclusion and participation in all aspects of life. To ensure the effective exercise of the right to enable and rehabilitate, the following actions will be implemented:
1. The Commission on Health Regulation (CRES) * will define mechanisms for the General System of Social Security and Health (SGSSS) to incorporate into the compulsory benefit plans, full coverage of the enabling services and comprehensive rehabilitation, based on cost and effectiveness studies that support inclusion. The guarantee of this right will include different institutions such as the Ministry of Culture, the Ministry of Health and Social Protection, Crafts of Colombia, the Sena, and the different Ministries as they offer alternatives and options. therapeutic.
2. The Ministry of Health and Social Protection, or whoever does its work, will ensure that the provision of these services is made with high quality standards, and corresponding monitoring and monitoring systems.
3. The Ministry of Health and Social Protection or who will do its times, will define, promote and visit, in alliance with the National Superintendence of Health and other control bodies, schemes of surveillance, control and sanction to the services that do not comply with quality guidelines or prevent or limit access to persons with disabilities and their families.
4. The Ministry of Health and Social Protection, or whoever does its work, will ensure coordination and coordination between the different sectors involved in the processes of comprehensive rehabilitation and rehabilitation, and between the entities of the national order and local, for the strengthening of the processes of enabling and functional rehabilitation as input of a comprehensive, inter-sectoral process (culture, education, recreation, sport, etc.).
5. The Ministry of Health and Social Protection or who will do their time, will ensure that health providers implement home, residential and other community support services, including assistance. personnel that are necessary to facilitate their dignified life and their inclusion in the community, avoiding their isolation.
6. The Ministry of Health and Social Protection, or whoever does its work, will implement national and local services and information to users with disabilities and their families.
7. The Ministry of Health and Social Protection, or whoever does its work, will ensure that public and private entities that provide health services implement screening programs and services and early comprehensive disability care. physical, sensory, mental and other characteristics that may cause disability.
8. The Ministry of Health and Social Protection or those who do their times, shall regulate the provision, manufacture, maintenance or distribution of prostheses, and other technical and technological aids, which may be covered by or compensate for the deficiencies of persons with disability, without any exclusion, including orthopaedic shoes, jigs, wheelchairs, stockings with pressure or rest, and girdles.
9. The Ministry of Health and Social Protection or who does its time, will guarantee the functional rehabilitation of persons with disabilities when the required procedure has been established, without the payment of moderating quotas or copays, in concordance with Articles 65 and 66 of Law 1438 of 2011.
10. The Ministry of Health and Social Protection or those who will do their time will establish mechanisms to guarantee the research and delivery of the required therapeutic care by integrating technical and technological aids to the population with multiple disability.
ARTICLE 10. RIGHT TO HEALTH. All persons with disabilities are entitled to health, in accordance with Article 25 of Law 1346 of 2009. The following measures will be taken for this:
1. The Ministry of Health and Social Protection, or who does its own times, must:
a) Ensure that the General Health System in its compulsory plans, Health Plan, Territorial Plans in Health, and in the Public Health Plan of Collective Interventions, guarantee the quality and timely delivery of all services of health, as well as the provision of all services and technical assistance of high and low complexity, necessary for the comprehensive health empowerment and rehabilitation of persons with disabilities with a differential approach, and development of their everyday basic activities;
b) Ensure that public health programs establish actions to promote the rights of persons with disabilities from the pregnancy, as well as the development of strategies for the prevention of risk factors associated with disability that do not affect the image and dignity of people already in such a situation;
c) Ensure that sexual and reproductive health programs are accessible to people with disabilities;
d) Develop policies and programs of promotion and prevention in mental health and psychosocial care for society;
e) Promote the location and characterization registration system of persons with disabilities and their families, and incorporate the disability variable into other social protection systems and their administrative records;
f) Ensure that the Disaster Prevention and Care System and Humanitarian Aid, design guidelines and care actions to assist people with disabilities in disaster and emergency situations on an equal footing humanitarian;
g) In the framework of the Decennial Health Plan, measures will be taken to prevent congenital disability, injuries and accidents;
h) The departmental, district and municipal health departments, in their health and public health development plans, will include a chapter on disability related.
2. Health Services Provider Entities shall:
a) Ensuring the accessibility and inclusion of people with disabilities in all their procedures, places and services;
b) They should establish training programs for their professionals and employees to support the processes of inclusion of people with disabilities;
(c) Ensuring health services in the nearest possible places to the residence of the person with disabilities, including in rural areas, or failing to facilitate the movement of persons with disabilities and their accompanying persons;
d) Establish home care programs for comprehensive health care for people with disabilities;
e) Remove any measure, action or administrative or other procedure, which directly or indirectly hinders access to health services for persons with disabilities;
f) To provide the opportunity for medical examinations to allow the state of the fetus to be known in its first three months of pregnancy, to mothers at high risk, understanding for high risk mothers or parents with a chronological age of less than 17 years or older than 40 years. Mothers or fathers with a history of hereditary history or in situations where the treating physician considers it appropriate.
3. The National Superintendence of Health, the territorial addresses of health and the control entities, must stipulate indicators of production, quality, management and impact that it allows to measure, to follow the delivery of the health services, to public health programs and benefit plans, to be provided and offered to persons with disabilities and to be included in the Program of Audits for Quality Improvement (Pamec), the indicators of disability and to ensure quality in the provision of health services by the institutions responsible, and sanction any action or omission that prevents or hinders the access of persons with disabilities.
The National Superintendency of Health, the Health Secretariats and the control entities, must ensure the quality in the delivery of the health services by the responsible entities, and sanction any action or omission that prevents or make it difficult for people with disabilities to access it.
ARTICLE 11. RIGHT TO EDUCATION. The Ministry of National Education will define the policy and regulate the scheme of educational care for the population with special educational needs, promoting access and educational permanence with quality, an approach based on the inclusion of the educational service. For the above, the Ministry of National Education will define the inter-institutional agreements that are required with the different social sectors, so that it is possible to guarantee comprehensive educational care for the population with disabilities.
1. As a result, the Ministry of Education must, as far as basic and basic preschool education is concerned:
a) Create and promote a culture of respect for diversity from the perspective of children and young people with special educational needs, as subjects of law, specifically their recognition and integration in establishments Official and private education;
b) Ensuring the right of children and young people with special educational needs to quality education, defined as the one that " forms best human beings, citizens with ethical values, respectful of the public, who exercise the human rights and live together in peace. An education that generates legitimate opportunities for progress and prosperity for them and for the country. A competitive education, which helps to close inequality gaps, centered on the Educational Institution and in which the whole Society participates ";
c) Define the concept of access and educational permanence with quality for people with disabilities, and guidelines in the framework of inclusion;
d) Ensure the allocation of resources for educational care to persons with disabilities, in accordance with the provisions of Law 715 of 2001, Decree number 366 of 2009 or the rules that replace;
e) In the framework of the Inter-Sectoral Commission for Integral Care for Early Childhood, develop Comprehensive Care Programs for Early Childhood (IPIA) that promote inclusion, as well as the relevant screening processes, Intervention and pedagogical supports related to the development of children and children. In this framework, early education programs should be promoted that aim to develop the skills of children with preschool-age disabilities, in accordance with their specific needs;
f) Design within two (2) years from the entry into force of this Law an intersectoral program of development and assistance for the families of children, adolescents and young people with disabilities;
g) To accompany certified territorial entities for the implementation of strategies for access and educational permanence with quality for persons with disabilities, in the framework of inclusion, for both persons of age school, as for adults;
h) Track the implementation of strategies for access and educational permanence with quality for people with disabilities, in the framework of inclusion, both for people of school age, and for adults.
i) Ensure in all levels and modalities of the public educational service that all examinations and tests developed to evaluate and measure quality and coverage, among others, as well as public services or similar elements are fully accessible to people with disabilities;
j) Include in the national literacy programme clear goals for the reduction of illiteracy of young adults and adults with disabilities to ensure their inclusion, bearing in mind the importance it has for the education of children and girls that parents and mothers know how to read and write;
k) Ensuring the free and compulsory primary education of secondary education, as well as ensuring that young people and adults with disabilities have access to higher education, vocational training, adult education, education for work and lifelong learning, without discrimination and on an equal footing with others; in any case, persons with disabilities entering a public university will pay the minimum tuition value established by the institution of higher education;
2. Territorial entities certified in education shall:
a) Promote a social mobilization that recognizes children and young people with disabilities as subjects of politics and not as the object of social assistance. Children and adolescents with disabilities have all the rights of any human being and, in addition, some additional rights established to ensure their protection;
b) Encourage in their educational establishments an inclusive culture of respect for the right to quality education for people with disabilities who develop their basic and citizen skills;
c) Orientate and accompany educational establishments for the identification of barriers that impede the access, permanence and quality of the educational system of children and young people with special educational needs in their environment;
d) Orientate and accompany their educational establishments to identify resources in their environment and adjust their school organization and pedagogical project to overcome the barriers that impede access and stay with quality for people with disabilities, in the context of inclusion.
e) Ensuring teaching staff for educational care for the population with disabilities, in the framework of inclusion, as well as encouraging their training, ongoing training, in accordance with the requirements of the current regulations;
f) To undertake or promote research and development, and to promote the availability and use of new technologies, including information and communications technologies, mobility aids, technical devices and technologies adequate support for people with disabilities;
g) Ensure the proper use of resources for educational care for persons with disabilities and report information on the use of such resources, in accordance with the provisions of the Ministry of National Education;
h) Report information on educational care to persons with disabilities in the National Education Information System, in accordance with the provisions of the Ministry of National Education;
i) Promoting prevention on any case of exclusion or discrimination of students with disabilities in state and private educational establishments;
j) Provide the educational support services necessary for the inclusion in conditions of equality of persons with disabilities. These services include, among others: interpreters, interpreters, language models, support staff, staff in the classroom and in the institution.
3. State and private educational establishments shall:
a) Identify children and young people in their environment that are susceptible to comprehensive care to ensure their access and appropriate educational permanence and quality in the framework of inclusion and in accordance with the guidelines established by the Nation;
b) Identify barriers that impede access, permanence and the right to quality education for people with special educational needs;
c) Adjust institutional improvement plans for inclusion, based on the inclusion index and in accordance with the guidelines that the Ministry of National Education establishes on the subject;
d) Track the educational permanence of students with special educational needs and take appropriate measures to ensure their continued schooling;
e) Reporting information on educational care to persons with disabilities in the national education information system, in accordance with the provisions of the Ministry of National Education;
f) Implement prevention actions on any case of exclusion or discrimination of students with disabilities in state and private educational establishments;
g) To contemplate in your school organization times and spaces that encourage members of the educational community to undertake or promote research and development, and to promote the availability and use of new technologies, including information and communications technologies, mobility aids, technical devices and support technologies suitable for people with disabilities;
h) To promote the development of social inclusion processes by teaching staff, as well as to encourage their ongoing training and training;
i) Adapt your curricula and in general all the didactic, methodological and pedagogical practices that you develop to effectively include all people with disabilities.
4. The Ministry of National Education must, in relation to higher education:
a) Consolidate inclusive and equitable education policy in accordance with Article 24 of the United Nations Convention on the Rights of Persons with Disabilities, the general education law and education guidelines for all Unesco;
b) Designing incentives for higher education institutions to allocate human resources and economic resources to the development of research, programs, and strategies to develop inclusive technologies and implement universal design gradually;
c) Ensure in all levels and modalities of the public educational service that all examinations and tests developed to evaluate and measure quality and coverage, among others, as well as public services or similar elements are fully accessible to people with disabilities;
d) The Ministry of National Education in accordance with the current legal framework, will incorporate criteria for the educational inclusion of persons with disabilities and accessibility as necessary elements within the strategies, mechanisms and instruments of verification of the quality conditions of higher education;
e) Incentives for the design of regular teacher training programmes, for educational inclusion of diversity, curricular relaxation and in particular, teaching to all persons with disabilities, who meet standards of quality;
(f) Ensuring, within the scope of their competences, persons with disabilities access, in conditions of equity with others and without discrimination, to an inclusive and quality higher education, including their admission, permanence and promotion in the education system, which facilitates its productive engagement in all areas of society; in any case, persons with disabilities entering a public university will pay the minimum tuition value established by the institution of higher education;
g) Institutions of higher education in compliance with their institutional mission, in harmony with their development plan, will advocate progressively applying resources from their budget to link human resources, educational resources and appropriate pedagogical support for the educational inclusion of persons with disabilities and accessibility in the provision of quality education service to that population;
(h) The Ministry of National Education through the competition of the bodies and agencies involved in the verification of the quality conditions of the academic higher education programmes, will verify that proposals are included physical activity, physical education, recreation and sports training for people with disabilities;
i) Institutions of higher education should promote the awareness and training of graduates and teachers in all disciplines and the inclusion of the disability theme in all curricula from a cross-sectoral approach;
j) Prioritize the allocation of sufficient financial resources to provide ongoing, face-to-face and distance training for managers and teachers at all levels of education and other professionals related to the theme of the disability, which favours the formulation and the normal development of inclusion policies, with an emphasis on respect for human rights and fundamental freedoms, as part of the territorial teacher training plan;
k) Allocate financial resources for the design and implementation of educational programmes using new information and communications technologies to ensure digital literacy for children and young people with disabilities, and with the purpose of ensuring greater access to learning opportunities, in particular in rural, remote and disadvantaged areas;
ARTICLE 12. RIGHT TO SOCIAL PROTECTION. Persons with disabilities are entitled to special social protection of the State, in accordance with Article 28 of Law 1346 of 2009. For the purpose of ensuring the full and effective exercise of the right to social protection, the Ministry of Labour or the Ministry of Labour and other competent authorities shall, inter alia, take the following measures:
1. Establish mechanisms to encourage the formalization of the employment of persons with disabilities, as well as insurance programs in occupational and non-employment risks.
2. Establish support and support programs for mothers and fathers of persons with disabilities from the pregnancy, and during the first 2 years of life of the child and the child.
3. The competent territorial entities and the Colombian Family Welfare Institute (ICBF), or the entity that does its times, shall establish and/or strengthen a program of support and support to the families of persons with disabilities, duly articulated with other programmes or strategies for inclusion, social development and overcoming poverty.
4. Ensure that systems, services and programs of welfare, social protection and social promotion and family compensation include special mechanisms for the inclusion of persons with disabilities and the promotion of their rights, and also establish monitoring mechanisms.
5. The competent territorial entities, and the Colombian Family Welfare Institute (ICBF) or the entity that does its times, shall adjust and establish support, support and training programs for the families of persons with disabilities, and the support networks of persons with disabilities, in alliance with the SENA and other competent entities.
ARTICLE 13. RIGHT TO WORK. All persons with disabilities are entitled to work. To ensure the effective exercise of the right to work for persons with disabilities, in terms of equal opportunities, equity and inclusion, in accordance with Article 27 of Law 1346 of 2009, the Ministry of Labour, or who does its work and other competent bodies, shall establish, inter alia, the following measures:
1. The National Government, through the Ministry of Finance and Public Credit and the National Department of Planning or those who do their times, will issue the regulatory decree that establishes an additional score in the bidding process. public, merit and direct procurement, for companies that have people with disabilities in their staff plant with all the requirements and guarantees legally established, and for companies of people with disability, family and guardians.
2. The Ministry of Labour or who does its work must:
a) Ensuring training and training for the work of people with disabilities and their families, taking into account the country's labor supply;
b) Strengthen the work placement program for people with disabilities, through promotion strategies directed towards the business sector, in addition to providing support for support to businesses;
c) Develop plans and programs for employment inclusion and flexible income generation for people who, due to their severe disability or multiple disability, cannot be easily included by the labor market, or linked in profitable production or regular jobs. For this purpose, it must set out protected or assisted strategies for generating income or employment which guarantee in any of the forms income worthy and in the social security conditions that they correspond, and allowing their caregivers and Caregivers, and their families, the possibilities to intervene in these processes;
d) Encourage the creation and strengthening of productive units, through technical and business training, specific credit lines for those cases where the applicants are persons with disabilities and/or their families, with a low interest rate, support with information and communication technologies, and design of web pages for the dissemination of their products, giving priority to the distribution, sale and purchase of their products by public entities;
e) To encourage the development of inclusive businesses and to strengthen the entrepreneurship and business growth of the entities that promote the independence and the overcoming of the population with disabilities, through programs of intermediation markets that enhance the production, marketing or sale of services generated by this population, from financing with specific resources and targeted strategies;
f) In coordination with the administrative department of the civil service, ensure that the State through all the organs, agencies and entities of the national, departmental, district and municipal levels, in the central and central sectors decentralised, it will have to link a percentage of people with disabilities within the existing positions, which should be published at the beginning of the fiscal year through mechanisms accessible to the population with disabilities.
3. The National Learning Service, SENA, should:
a) Ensure the effective inclusion of persons with disabilities to all their programs and services of the entity, in addition to ensuring their access to the different pedagogical support services;
b) Ensuring the provision of the service of sign language interpreters and interpreter guides, for people with hearing and deafening disabilities, and technological aids for visually impaired persons, as well as support specific requirements for people with intellectual disabilities;
c) Ensuring advice and support for entrepreneurs who want to hire people with disabilities;
d) Ensure training and training for the work of people with disabilities taking into account the country's labour supply;
e) Strengthening each Regional's SNE National Employment Service to ensure the access and benefit of people with disabilities through advocacy strategies routed to the business sector;
f) Grant vocational training in different areas, based on the recognition of the training processes carried out by organisations and for people with disabilities, which meet the requirements laid down by the entity;
g) Forming evaluators in skills assessment certification processes in different areas, enabling people with disabilities to acquire a certification of work skills according to their experience;
4. The National Savings Fund, or whoever you do, will provide housing and education credits for people with disabilities, with a preferential interest rate. The Fund shall regulate the matter.
5. The Banco de Comercio Exterior de Colombia, Bancoldex, will create credit lines with soft interest rates, for economic enterprises or for companies in which people with disabilities are holders in 20%.
6. Employers and employers who work with disabled people will have, in addition to the provisions of Chapter IV of Law 361 of 1997, the economic stimuli established by the Ministry of Hacienda y Crédito Público, pursuant to article 27 numeral 1 literals h), i) of Law 1346 of 2009.
7. The National Government must implement by means of a regulatory decree a system of preferences in favour of private employers who work with duly certified disabled persons, in a minimum percentage of 10% of their workers ' plant. Such a system of preferences shall apply to the processes of award and conclusion of contracts, and to the granting of credits or grants from state agencies.
8. The national, departmental, district and municipal governments will have to establish by regulatory decree, in the selection processes of contractors and suppliers, a system of preferences in favor of persons with disabilities.
ARTICLE 14. ACCESS AND ACCESSIBILITY. As a direct manifestation of material equality and with the objective of promoting the independent and independent life of persons with disabilities, national, departmental, district and local entities ensure the access of these persons, on an equal footing, to the physical environment, transport, information and communications, including information and communications systems and technologies, public space, property public, public and public services, both in urban and rural areas. To ensure this, the following measures will be taken:
1. It is for the public and private entities entrusted with the provision of public services, of any nature, type and level, to develop their functions, competences, social objects, and in general all activities, following the postulates of universal design, in such a way that access on equal terms, in whole or in part, to no person on the grounds of his/her disability is not excluded or limited. To this end, such entities shall design, implement and finance all reasonable adjustments that are necessary to comply with the purposes of Article 9or Law 1346 of 2009.
2. The public transport service must be accessible to all persons with disabilities. All systems, means and modes in which from the promulgation of this law are contracted shall conform to the postulates of the universal design.
Those who currently operate should adopt comprehensive accessibility plans that guarantee a progressive advancement of these postulates, so that in a term of not more than 10 years they will achieve levels that exceed 80% of total accessibility. For the implementation of reasonable adjustments, they shall be designed, implemented and financed by the person responsible for the direct provision of the service.
3. The municipal and district authorities, with the support of the departmental and national government, and respecting the autonomy of each region, must design, in a term no longer than 1 year, an adjustment plan for roads and public spaces, as well as for accessibility to the public space and public goods in his constituency. In this plan, the necessary reasonable adjustments should be made to progressively advance the inclusion of persons with disabilities, to establish a budget and a timetable which, in no more than 10 years, will enable progress to be made on accessibility of at least 80%. The plan must set out the criteria for universal design which must be complied with in all public and private works of the public body from its adoption.
4. Implement appropriate measures to identify and eliminate obstacles and to ensure the universal accessibility of all persons with disabilities to the built environment, transport, information and communication, including information and communication and other services, ensuring conditions for people with disabilities to live independently.
5. To give effective compliance to the regulations on accessibility in the construction or adaptation of works that are carried out on public and private space, that provide services to the public and must meet the deadlines.
6. Ensure that all public bathroom services are accessible to people with disabilities.
7. All public or private entities shall treat persons with disabilities as a priority, in the case of shifts or rows of users of any kind of public service or open to the public.
8. The Ministry of Housing, City and Territory, or whoever does its own times, must establish a mechanism for control, surveillance and punishment so that the municipal governments and the authorities guarantee that all the licenses and constructions guarantee the accessibility of persons with disabilities. It will also establish inter-institutional coordination measures to ensure that territorial entities guarantee accessible routes and circuits for persons with disabilities, which are linked to the ports and other local transport systems.
9. Higher education institutions will adapt their campuses or facilities to ensure the accessibility of people with disabilities.
10. Theatres, auditoriums, cinemas and cultural spaces for public events, will adapt their facilities to ensure the accessibility of people with disabilities.
11. To give effective compliance to the regulations on accessibility in sports, recreational and cultural settings in the construction or adaptation of existing works or to be carried out.
PARAGRAFO. The provisions of this article will be implemented in accordance with Law 1287 of 2009 and the other rules related to the accessibility of the population with disability.
ARTICLE 15. RIGHT TO TRANSPORT. Persons with disabilities are entitled to the effective use of all transport systems in accordance with Article 9or, numeral 1, literal a) and article 20, from Act 1346, 2009. In order to ensure the effective exercise of this right, the Ministry of Transport, the Superintendence of Ports and Transport, the Civil Aeronautics and other related entities should take the following measures:
1. Ensure that mass integrated transport systems comply, in their entirety, from the design stage, with accessibility standards for people with disabilities.
2. The signage of airports, air, land, river and sea transport terminals, mass transit and public spaces, must be used as symbols in the framework of universal design. This signage must be accompanied by appropriate, flexible and widely covered civic awareness and dissemination campaigns.
3. The authorities must adapt the routes, airports and terminals to ensure the effective exercise of the right to accessibility for persons with disabilities, in a term no longer than eight (8) years.
4. Airports and maritime and land transport terminals will have a guide and assistance service for people with disabilities.
5. Adapt at airports, transport terminals and mass transit means, access, signals, auditory and visual messages for people with disabilities.
6. Vehicles carrying a person with a disability on a regular basis will be exempt from the restrictions on mobility established by the departments and municipalities (peak and plate), for which the Ministry of Transport will regulate of the following 6 months these exceptions.
7. The State shall, by means of the competent authorities, sanction the failure to comply with the time limits for adaptation or accessibility to transport.
ARTICLE 16. THE RIGHT TO INFORMATION AND COMMUNICATIONS. People with disabilities have the right to the effective exercise of the right to information and to access communications on an equal footing, in accordance with the Law 1346 from 2009. In order to ensure the full and effective exercise of the right to information and communications, the Ministry of Information and Communications Technologies and other competent entities shall take into account the following measures:
1. The Ministry of Information and Communications Technologies (ICT) will advance a project that will allow the use of software free of programs for people with disabilities.
2. Strict compliance with the existing rules on accessibility and access to information in the media must comply with the deadlines for making the appropriate adjustments.
3. Promote spaces in state, national and regional television channels with programs that include the interpretation in Colombian Sign Language, and/or the closed caption, and/or with subtitles.
4. Develop programmes to facilitate access to Information and Communications Technologies for people with disabilities, especially in educational institutions.
5. To promote information, communication and permanent education strategies to influence the change of social and individual imaginaries about the potential and abilities of people with disabilities.
6. Designing accessible information and outreach strategies for people with disabilities, the Ministry of Information and Communications Technologies (ICT) will facilitate channels of dissemination through the public media and a call for social responsibility to the private media.
7. The Ministry of Information and Communications Technologies will advance a program of training in information and communications technologies for people with sensory disabilities and specific deficiencies that alter the competencies to communicate through verbal language.
8. The technocrats should be accessible to all persons with disabilities and in particular will have specialised software to ensure access to information, communications and information and communications technologies, of people with sensory disabilities.
9. The Ministry of Information and Communications Technologies will advance a training program in information and communications technologies for people with sensory disabilities.
10. The Ministry of Information and Communications Technologies (ICT) and the online government program will provide guidance for the accessibility of information in public administration.
11. The National Government, through the Ministry of Information and Communications Technologies, will issue the regulatory decree to set the standards for accessibility to all websites and to the media and information systems. organs, agencies and state entities of all order, so that the full access of persons with sensory disabilities to such sites and systems and the information they contain is effectively guaranteed.
ARTICLE 17. RIGHT TO CULTURE. The State will guarantee the right to the culture of people with disabilities, in accordance with Law 1346 of 2009. In order to ensure the full and effective exercise of the right to culture, the Ministry of Culture must ensure that persons with disabilities are included in the cultural services offered to other citizens, and that the following measures:
1. From the national, departmental, county, municipal and local level, access to cultural events and activities must be guaranteed.
2. Ensure that cultural entities, spaces and cultural monuments comply with the standards of access to information and communication, and environmental and architectural accessibility for the population with disabilities.
3. To place at national level the entities that carry out processes of sensitization, development and social inclusion, with the population with disabilities.
4. Encourage and ensure the visibility of the cultural expressions of people with disabilities.
5. Promote the implementation of the differential approach in the effective exercise of the Rights of Persons with Disabilities.
6. Create campaigns, projects and programs using the various artistic and communicative expressions, through which the potentialities and skills that the population in the situation of disability has, involving the different means of communication for disclosure.
7. To ensure the participation of persons with disabilities in all cultural activities carried out at all levels of public administration, in the various municipalities.
8. The Ministry of Culture will promote and implement, in departments, districts, municipalities and localities, the policy of cultural diversity that contemplates actions for the development of training programs, the development of methodologies and Relevant inclusion for persons with disabilities with offers appropriate to each type of disability and production of materials, calls and work lines that recognise disability as an expression of diversity and difference.
9. To ensure the dissemination and exercise of the cultural rights of the disabled population.
10. To ensure that cultural entities carrying out projects with children and youth contribute to the cultural development, expression and social inclusion of the population with disabilities.
11. To ensure that the national plan of reading and libraries, the national plan of music for the coexistence, the batuta program and the national plan of culture and coexistence, among others, include in their formative processes people with some disabilities and evidence of skills in any of the relevant areas.
12. Encourage and encourage the use of people with disabilities in museums, libraries, and other public-interest goods.
13. Ensure the necessary training so that people with disabilities can participate and carry out cultural activities in an efficient and productive manner.
14. Ensure that the National Library Network is accessible and inclusive for people with disabilities.
15. Ensure the right of persons with disabilities to the recognition and support of their cultural identity.
16. The departments, municipalities and districts should ensure access for persons with disabilities to the VAT resources of mobile telephony. From the total of these resources, a minimum of 3% must be used for the promotion, promotion and development of sport, the recreation of athletes with disabilities, and the cultural and artistic programs of cultural managers and creators with disabilities.
ARTICLE 18. RIGHT TO RECREATION AND SPORT. The State shall guarantee the right to participation in cultural life, recreational activities, recreation and sport of persons with disabilities, in accordance with Article 30 of Act 1346, 2009. To ensure the effective exercise of the right to recreation and sport, the Ministry of Culture, Ministry of Education and Colsports along with the actors of the National Sports System (Colombian Paralympic and Olympic Committee, federations, Paralympic leagues, organizations of and for people with disabilities, the territorial Entes of sport and recreation, will formulate and implement inclusive and equitable programs for people with disabilities and guidelines for the practice of physical education, recreation, physical activity and sport for the population with disabilities. In addition, the administrative and technical scope will be strengthened for which they will take the following measures:
1. Strengthen the sport of people with disabilities, including Paralympic sport, ensuring areas of training, judging, medical and therapeutic support, as well as functional classification by the National Sports System.
2. To promote the practice of Community Social Sport as a process of social inclusion aimed at enhancing skills and abilities according to the life cycle of people with disabilities.
3. Support quality sports activities for persons with disabilities, without exclusion of sports and recreational settings in relation to physical accessibility, information and communication.
4. Provide support for the development, import or exchange of specific sports implements by type of disability according to technical studies on the needs of persons with disabilities, in accordance with the disciplines and without the collection of import tariffs.
5. Ensure the inclusion of persons with disabilities in recreation through the organization and certification of recreation entities, National Register (RUN) endorsed by National Colsports. Inclusion in the curricula of the different levels of study on recreation in people with disabilities and the accreditation of professionals.
6. To promote the physical activity of people with disabilities through inclusion in the curricula of the different levels of study, on physical activity for this population, with the accreditation of professionals and generation of studies complementary with emphasis on physical activity, adapted or inclusive physical education and Paralympic sport.
7. Carry out the necessary measures to ensure recreation for persons with disabilities, under conditions of inclusion.
8. To promote adjustments and to open spaces for sports training, on equal terms and in inclusive environments for people with disabilities.
9. The incentives for athletes with disabilities must be the same as for conventional athletes at the municipal, departmental and national levels. This involves a supported sportsperson programme, incentive to national and international medallists and support for future glories of the sport of people with disabilities.
10. Motivate cognitive, sensory and physical disability organizations to be an active part of cultural, recreational and sports life.
ARTICLE 19. FACILITATION OF TOURISM PRACTICES. The Ministry of Commerce, Industry and Tourism will promote within the tourism sector the need to adapt the tourist infrastructure for people with disabilities, according to the minimum standards The legal basis for this is the application of differential tariffs among the businessmen for this group of the Colombian population. It will also ensure that the quality systems of the tourism sector include the accessibility variable for people with disabilities.
ARTICLE 20. RIGHT TO HOUSING. The State shall guarantee the right to housing for persons with disabilities, in accordance with Article 28 of Law 1346 of 2009. In order to ensure the effective exercise of the right to housing, the Ministry of Housing, City and Territory shall ensure the effective exercise of the right to housing dignity for persons with disabilities, for which it shall adopt the following measures:
1. Every housing plan of social interest must respect the norms of universal design that also guarantees accessibility to the common areas and to the public space.
2. The Ministry of Housing, City and Territory or who does its own times, will allocate housing grants for persons with disabilities in strata 1, 2 and 3, as a matter of priority.
3. The City and Territory Housing Ministry will implement within a maximum of 1 year, the adjustments to its programs and policies in order to secure the resources and to establish the necessary mechanisms for the total housing subsidies At least 5% of these are special grants for home-based adjustments to housing and the acquisition of new housing for persons with disabilities, with Sisben 1, 2 and 3 levels, taking into account the differential and concordance of the Article 19 of Law 1346 of 2009.
ARTICLE 21. ACCESS TO JUSTICE. The State shall ensure access to the justice of persons with disabilities, in accordance with Article 13 of Law 1346 of 2009. In order to guarantee the effective exercise of access to justice, the Ministry of Justice and Law, in alliance with the Public Ministry, the control bodies and the judicial branch, must guarantee the access of persons with disabilities in all access to justice programmes. To this end, it shall adopt the following measures:
1. The Ministry of Justice and Law, and the judicial branch, should implement training and management programs for the attention of cases of violation of the rights of persons with disabilities, involving judges, assistants of justice, houses of justice, centers of reconciliation, police stations, people, among others. It will also implement training programmes aimed at understanding disability and how to ensure the provision of care and guidance to people with disabilities, facilitating the support services required to ensure equal conditions with other persons for access to justice.
2. The Ministry of Justice and Law, or whoever does its own times, in alliance with the Public Ministry and the family police stations and the ICBF, should propose and implement adjustments and reforms to the judicial interdiction system in a way that develops a system that favours the exercise of legal capacity and decision-making with the support of persons with disabilities, in accordance with Article 12 of the Convention on the Rights of Persons with Disability of the United Nations.
3. The National Government will develop a project to strengthen and support organizations of and for people with disabilities throughout the country, to make known their rights and how to make them effective.
4. Institutions of higher education with legal powers and legal offices should develop training programmes and support for the restoration of the rights of persons with disabilities.
5. The National Government, together with national and international organizations, will carry out campaigns of respect for people with disabilities, giving spaces to self-managers who speak about their experiences according to the Law 1346 from 2009.
OF CITIZEN PARTICIPATION OF PERSONS WITH DISABILITIES.
ARTICLE 22. PARTICIPATION IN POLITICAL AND PUBLIC LIFE. Participation in administrative management will be exercised by persons with disabilities and by their organizations in the terms of the Political Constitution, the Law 134 of 1994 and other rules that develop the second paragraph of article 103 of the Political Constitution, and articles 29 and 33, among others, of Law 1346 of 2009. For this purpose, the Ministry of the Interior shall lay down measures laying down the requirements to be fulfilled for the establishment and operation of the organisations of persons with disabilities representing persons with disabilities. local, national and international bodies, as well as the measures to be taken for their strengthening and the assurance of their sustainability and the guarantee of their full and effective participation in the adoption of all decisions which affect them.
Municipal and local municipal governments should implement special programs to promote community actions, community support services, and home and residential assistance to facilitate integration, relationship and participation. of persons with disabilities with other citizens, including personal assistance to facilitate the life of dignity, avoiding isolation, guaranteeing access and participation according to their needs.
ARTICLE 23. SOCIAL CONTROL. The population with disabilities and their organizations will exercise the right and the duty of social control to the entire process of public management related to policies, plans, programs, projects and actions of care for the population with disabilities, or with a differential approach to disability. To this end, they will be able to constitute citizens ' rights under the provisions of Law 850 of 2003 and other relevant rules, and to adopt other forms of social control, which will be translated into following activities:
1. The National Government, through its Ministries, will support the promotion of these veedurias and their networks, as well as the formation of the citizens who make up their networks. The entities that are part of the institutional network to support the citizens ' oversight of the article 22 of the Law 850 of 2003, will be linked according to their competence.
2. Persons with disabilities and their organizations will participate actively in the events of accountability presented by the different entities linked to the public policy of disability.
3. The National Government, through its ministries, will support the promotion of oversight by the departments of sport and recreation.
ARTICLE 24. PARTICIPATION OF PERSONS WITH DISABILITIES AND THEIR ORGANIZATIONS. The participation of persons with disabilities and their organizations will be guaranteed, particularly in the following areas and areas of the sector:
1. In the formulation and implementation of policies and the planning of cultural processes, through the Councils of National Culture, Departmental, District and Municipal, according to the provisions of the General Law of Culture.
2. In all organs or institutions of disability.
3. In the decision-making, in the social, economic, environmental, political, educational, labor and cultural aspects.
4. In the design, implementation, monitoring and oversight of public disability policy.
5. In the monitoring, monitoring and implementation of the International Convention on the Rights of Persons with Disabilities of the United Nations and other international instruments ratified by Colombia, which are related to the subject and affect the disability sector.
6. Persons with disabilities shall have the right to act on their own, taking into account their abilities, while respecting the decision-making power with or without support. Otherwise they will be guaranteed the necessary legal assistance to exercise their representation.
7. Recognize and visibilize psychosocial disability and Autistic Spectrum Disorder as disabilities as they are covered in international classifications.
ARTICLE 25. PARTICIPATION OF WOMEN WITH DISABILITIES. In accordance with the provisions of Article 6or Law 1346 of 2009, the State shall adopt the following measures to ensure the effective exercise of all the rights of women with disabilities:
1. Develop and implement actions for the participation of women with disabilities.
2. Ensure that the participation of women with disabilities in the national, regional and local areas.
3. The Women's Equity Department will incorporate the differential approach of women and disability in all its programs, promoting the organization of women with disabilities, according to their expectations and interests throughout the country. national.
4. To design national and international cooperation programmes and projects to make the rights of women with disabilities effective, which will be implemented with the active participation of women with disabilities in the organisations of persons with disabilities.
5. To study the conditions of violent acts against women and girls with disabilities, and to make public knowledge of the situation of girls and women with disabilities in relation to gender-based violence.
6. Carry out studies aimed at taking the necessary measures to prevent the disability of women and girls due to public health problems, and in particular, violence.
7. To give due, direct and personalized attention to each child or woman with a disability victim of gender-based violence, through the coordinated work of public services, women's organizations and disability, drawing up guidelines for defense and psychosocial care.
ARTICLE 26. ASSESSMENT OF MEASURES TO ENSURE THE EFFECTIVE EXERCISE OF THE RIGHTS OF PERSONS WITH DISABILITIES. The National Disability Council, shall evaluate every 4 years the effectiveness of affirmative actions, reasonable adjustments and sanctions. discrimination, as mechanisms to ensure the effective exercise of the rights of persons with disabilities.
This evaluation will be done to establish whether the objectives pursued with the implementation of this law have been achieved, in the different planning scenarios, and decision-making on actions to be designed to improve their conditions of life. Such assessment shall not supplement the control and assessment to be carried out by the competent Colombian State control bodies.
FINAL PROVISIONS.
ARTICLE 27. LEGISLATIVE ADDITION. This law is added to the other rules that protect the rights of persons with disabilities, in order to ensure the effective exercise of their rights, as well as their enforceability.
ARTICLE 28. ADVERTISEMENT. This law must be translated into the different communication systems of the various disabilities and must be socialized at the national, departmental, municipal and county level, so that it is known to the population objective. The National Disability Council and the Territorial Disability Committees shall support the dissemination and shall actively participate in its dissemination.
ARTICLE 29. REGULATION OF THE ACT. The regulatory decrees of this law shall be drawn up within a maximum of two years from a participatory process, which shall be agreed with the National Disability Council, with organizations and Leaders of the disability sector.
ARTICLE 30. PROMOTION, PROTECTION AND SUPERVISION. Create an independent mechanism for the promotion, protection and supervision of the effective exercise of the rights of persons with disabilities provided for in this law, as well as the application of the Convention on the Rights of Persons with Disabilities of the United Nations, which is constituted as the responsible mechanism for all issues concerning these rights and the Convention, including coordination to facilitate the adoption of measures in this respect.
1. This mechanism will be of nature and functioning independent of the National Government, as well as departmental, district and municipal governments will be integrated by the institutions of the Public Ministry (Attorney General's Office). and its sectionals, Defensoria del Pueblo, its regional and sectionals), organizations of persons with disabilities in the national and territorial scope and the Comptroller General of the Nation, including the local counterparts.
2. The universities will be able to participate in the mechanisms of dialogue and coordination that will be established for the operation of this mechanism.
3. The mechanism will have an independent budget from the Ministry of Justice and the Law and establish its vision and functioning, in accordance with this article and article 33 of the Convention on the Rights of Persons with Disabilities.
4. The functions of the mechanism should follow the legislative, administrative and budgetary measures to implement this law and the Convention on the Rights of Persons with Disabilities. This mechanism should also prepare regular reports with a minimum period of 6 months and a maximum of 2 years on the government's performance to comply with the obligations of the Convention.
5. In the period of 1 year counted from the enactment of this law, the National Government with the participation of persons in the situation of disability and their organizations, will prepare an impact assessment of the measures adopted by this law on the effective enjoyment of the rights of persons with disabilities, which must be presented to the Congress of the Republic and widely disseminated. The results of the evaluation will be included in the periodic report that the Colombian State must present to the Committee on the Rights of Persons with Disabilities.
6. It is up to the Department of Health and Social Protection in coordination with the Administrative Department for Social Prosperity or to do its times, the coordination for the adoption of measures by the government, according to the Law 1145 of 2007, which attributes the leadership of the National Disability System. Likewise, the Ministry of Health and Social Protection will establish the liaison of governmental mechanisms with the independent mechanism for the promotion, protection and supervision of the effective exercise of the rights of persons with disabilities. provided for in this law, as well as the implementation of the Convention on the Rights of Persons with Disabilities of the United Nations.
ARTICLE 31. SANTIONS. The omission of the obligations imposed by this law by the public employees; the official workers; the members of the popular election corporations; the contractors of the State and the individuals who comply public functions, national, departmental and municipal functions, in the central and decentralized sectors, and in any branch of power, it will be considered to be a serious fault in the terms of the disciplinary regime.
ARTICLE 32. VALIDITY. This law governs from its publication, and repeals any provisions that are contrary to it.
The President of the honorable Senate of the Republic,
ROY LEONARDO BARRIERS MONTEALEGRE.
The Secretary General of the honorable Senate of the Republic,
GREGORIO ELJACH PACHECO.
The President of the honorable House of Representatives,
AUGUSTO POSADA SANCHEZ.
The Secretary General of the honorable House of Representatives,
JORGE HUMBERTO MANTILLA SERRANO.
COLOMBIA-NATIONAL GOVERNMENT
Publish and comply.
In compliance with the provisions of Judgment C-765 dated October 3, two thousand twelve (2012)-Radication: PE-035, proposed by the honourable Constitutional Court, the sanction of the Bill of Law, which orders the referral of the file to the Congress of the Republic, to continue the process of rigor and subsequent submission to the President of the Republic.
Dada in Bogotá, D. C., on February 27, 2013.
JUAN MANUEL SANTOS CALDERÓN
The Minister of Finance and Public Credit,
MAURICIO CÁRDENAS SANTAMARIA.
The Minister of Health and Protection,
ALEJANDRO GAVIRIA URIBE.
The Minister of Labor,
RAFAEL PARDO WHEEL.
The Director of the Administrative Department for Social Prosperity,
WILLIAM BRUCE MAC MASTER RED.
