Law General For The Care And Protection To People With The Condition Of The Spectrum Autism

Original Language Title: Ley General para la Atención y Protección a Personas con la Condición del Espectro Autista

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HEALTH SECRETARY

DECREE issuing the General Law for the Care and Protection of Persons with the Condition of the Autistic Spectrum.

On the sidelines a seal with the National Shield, which reads: United Mexican States.-Presidency of the Republic.

ENRIQUE PEÑA NIETO, President of the United Mexican States, to its inhabitants known:

That the Honorable Congress of the Union, has served to address the following

DECREE

"THE GENERAL CONGRESS OF THE MEXICAN UNITED STATES, DECCRETA:

GENERAL LAW FOR CARE AND PROTECTION FOR PEOPLE WITH THE CONDITION OF THE AUTISM SPECTRUM IS EXPPLACED.

Article Unique.- The General Law for Care and Protection is issued to Persons with the Status of the Autistic Spectrum.

GENERAL LAW FOR CARE AND PROTECTION FOR PEOPLE WITH THE AUTISM SPECTRUM CONDITION

CHAPTER I

General Provisions

Article 1. The provisions of this Law are of public order, of social interest and of general observance throughout the Republic.

Article 2. This Law aims to promote the full integration and inclusion of people with the condition of the autistic spectrum into the society through the protection of their rights and fundamental needs that are recognized in the Political Constitution of the United Mexican States and in international treaties, without prejudice to rights protected by other laws or orders.

Article 3. For the purposes of this Act it is understood by:

I. Social Assistance: A set of actions designed to modify and improve the social circumstances that impede integral development the individual, as well as the physical, mental and social protection of people in a state of need, defenselessness, physical or mental disadvantage, to achieve their incorporation into a full and productive life;

II. Sociocultural Barriers: Attitudes of rejection and indifference for reasons of ethnic origin, gender, age, disability, social status, between others, due to the lack of information, prejudice and stigmas by members of society that prevent their incorporation and full participation in social life;

III. Certificate of Enablement: Document issued by specialized medical authority, recognized by this Law, where it is established that persons with the The condition of the autistic spectrum is suitable for the performance of work, production or other activities that are suited to their legitimate interests;

IV. Commission: Intersecretarial Commission for Care and Protection for People with the Autistic Spectrum Condition;

V. Concurrency: Joint participation of two or more dependencies or entities of the Federal Public Administration, or, of the States, the District Federal and the municipalities which, according to the areas of their competence, serve the management and, where appropriate, the resolution of a social phenomenon;

VI. Human Rights: Those rights recognized by the Political Constitution of the United Mexican States and the international treaties of the that the Mexican State is a party that is characterized by guaranteeing people, dignity, value, equality of rights and opportunities, in order to promote the social process and raise the standard of living within a broader concept of freedom with strict adherence to the principles Pro person, Universality, Interdependence, Indivisibility, and Progressiveness;

VII. Disability: Concept in permanent evolution as a result of the complex interaction between people with deficiencies and due barriers the attitude and the environment that prevent their full and effective participation in society, on an equal footing with others;

VIII. Discrimination: Any distinction, exclusion, or restriction that has the purpose or effect of hindering recognition, enjoyment, or exercise, on an equal footing, of all human rights, guarantees and fundamental freedoms;

IX. Therapeutic enablement: Process of limited duration and with a defined objective of medical, psychological, social, educational and technical order, between others, in order to improve the physical and mental condition of people to achieve their most accelerated social and productive integration;

X. Inclusion: When society acts without discrimination or prejudice and includes everyone, considering that diversity is a condition human;

XI. Integration: When an individual with different characteristics integrates into social life by having the necessary facilities and chords with their condition;

XII. People with autism spectrum condition: All those that present a condition characterized in different degrees by difficulties in the social interaction, in verbal and non-verbal communication, and in repetitive behaviors;

XIII. Secretariat: Health Secretary;

XIV. Social sector: A set of individuals and organizations that do not rely on the public sector and are foreign to the private sector;

XV. Private Sector: Physical and moral persons engaged in the preponderantly lucrative activities and those of a civil character other than the public and social sectors;

XVI. Legal Security: Warranty given to the individual by the State that his/her person, property and rights will not be subjected to violent attacks; or which, if these will occur, will be assured by society, the protection and repair of them;

XVII. Social Security: A set of measures for the protection of citizens against risks, on an individual basis, that are presented in one or the other the time of their lives, at birth, by accident or illness;

XVIII. Environmental Sustainability: Efficient and rational administration of environmental goods and services, in order to achieve the well-being of the population to ensure access to the most vulnerable sectors and to avoid compromising the satisfaction of the basic needs and quality of life of future generations, and

XIX. Transversality: Various forms of non-hierarchical coordination used for the design and implementation of public policies, as well as for the management and provision of public services, which requires joint, bilateral or multilateral coordination, within the remit of the agencies and entities of the Federal Public Administration and their respective local public administrations; and municipal.

Article 4. It is for the State to ensure the respect and exercise of the rights that persons with the condition of the autism spectrum attend.

Article 5. The authorities of the Federation, of the federal entities, of the municipalities and of the territorial demarcations of the Federal District, in order to comply with this Law, they shall progressively implement the relevant policies and actions in accordance with the applicable programmes.

Article 6. The fundamental principles that must contain public policies in the field of the autistic phenomenon are:

I. Autonomy: To help people with the condition of the autism spectrum be self-worth;

II. Dignity: Value that recognizes a unique and exceptional quality to every human being for the simple fact of being, as people with the Autism spectrum condition;

III. Equality: Equal rights application for all people, including those who are with the autism spectrum condition;

IV. Inclusion: When the society acts without discrimination or prejudice and includes people with the status of the autism spectrum, considering that diversity is a human condition;

V. Inviolability of Rights: Prohibition of full right for any person or body of government to attend, injure or destroy rights human laws, public policies and programs in favor of people with the condition of the autism spectrum;

VI. Justice: Equity, virtue of giving everyone what belongs to you or corresponds. Give people with the status of the autism spectrum the attention that responds to their needs and their legitimate human and civil rights;

VII. Freedom: Ability of people with the condition of the autistic spectrum to choose the means for their personal development or, if any, through of their relatives in ascending order or guardians;

VIII. Respect: Consideration of behavior and how to act differently from people with autism spectrum condition;

IX. Transparency: The objective, timely, systematic and truthful access of information on the magnitude, policies, programs, and results of the actions implemented by the authorities involved in the management and resolution of the autistic phenomenon, and

X. Others who respond to the interpretation of the human rights guiding principles contained in Article 1. of the Political Constitution of the United Mexican States.

Article 7. For compliance with the provisions of this Law, the agencies and entities of the Federal Public Administration shall, in respect of the matters of their jurisdiction, formulate the proposals. of programmes, objectives, targets, strategies and actions, as well as their budgetary forecasts.

Article 8. Federative entities will coordinate with the federal government, by holding coordination agreements within the framework of the National Development Planning, in order to align state programs with public policy on care and protection for people with the status of the autistic spectrum; the above according to the competent system that corresponds to each government order, in order to achieve an effective Mainstreaming of public policies.

Article 9. For all the purposes not provided for in this order, they shall be applied, in an additional manner, among others:

I. The Organic Law of Federal Public Administration;

II. The Federal Law of Parastate Entities;

III. The Federal Law on Administrative Responsibilities of Public Servants;

IV. The Planning Act;

V. The Law of the National Institutes of Health;

VI. The Federal Civil Code and/or the common jurisdiction of the entity concerned, and

VII. The Federal Administrative Procedure Act.

CHAPTER II

Rights and Obligations

First Section

Rights

Article 10. It is recognized as fundamental rights of persons with the condition of the autism spectrum and/or their families, in the terms of the applicable provisions, the following:

I. To fully rule on human rights guaranteed by the Mexican Constitution and applicable laws;

II. Receiving the support and protection of their constitutional and legal rights by the Mexican State -federation, federative entities and municipalities-;

III. Having a diagnosis and an early, accurate, accessible and non-judgmental clinical assessment according to the objectives of the National Health System;

IV. Request and receive the assessment and diagnostic certificates indicative of the status of people with the spectrum condition autistic;

V. Receive clinical consultations and enablement therapies specializing in the federal public sector hospital network, federal agencies, and municipalities, as well as having enablement therapies;

VI. Dispose of your personal information regarding the medical, psychological, psychiatric and educational area, as well as the certificates of enablement of their condition, at the time they are required by competent authority;

VII. Contar with appropriate care for your mental and physical health, with access to quality treatments and medications, to be administered to you timely, taking all necessary measures and precautions;

VIII. Be enrolled in the Social Protection System in Health, as established in the General Health Law;

IX. Receive an education or training based on integration and inclusion criteria, taking into account their capabilities and potential, through pedagogical evaluations, in order to strengthen the possibility of an independent life;

X. Contar, in the framework of the special education referred to in the General Law of Education, with elements that facilitate their process of integration into schools of regular education;

XI. Access government programs to receive nutritious, sufficient, quality food and according to the metabolic needs of the government. their condition;

XII. To grow and develop in a healthy environment and in harmony with nature;

XIII. Be subject to public housing programs, in terms of applicable provisions, in order to have self-housing for a accessible and appropriate accommodation;

XIV. Participate in productive life with dignity and independence;

XV. Receive training and training to obtain adequate employment, without discrimination or prejudice;

XVI. Perceive the right remuneration for the provision of their productive labor collaboration, which they reach to feed, dress and stay properly, as well as to address any other vital need, in the terms of the constitutional provisions and relevant regulatory laws;

XVII. Use public and private transport service as a means of free movement;

XVIII. Enjoy the culture, the distractions, the free time, the recreational and sports activities that contribute to their physical development and mental;

XIX. Making decisions for themselves or through their parents or guardians for the exercise of their legitimate rights;

XX. Enjoy a dignified and secure sex life;

XXI. Contar with legal advice and assistance when their human and civil rights are violated to them, to resarl them, and

XXII. Others that ensure their integrity, dignity, well-being and full integration into society in accordance with the various provisions constitutional and legal.

Section Second

Of The Obligations

Article 11. They are required to ensure the exercise of the rights described in the previous article, the following:

I. Public institutions of the Federation, federal entities, municipalities and districts of the Federal District, to meet and guarantee the rights described in the previous article in favour of persons with the status of the autistic spectrum, in the exercise of their respective competences;

II. Private institutions with specialized services in the care of the autism spectrum condition, derived from the contracted subrogation;

III. Parents or guardians to grant food and represent the interests and rights of people with the condition of the autism spectrum;

IV. The professionals of medicine, education and other professionals who are needed to achieve the proper empowerment of people with the Autism spectrum condition, and

V. All those determined by this Law or any other applicable legal order.

CHAPTER III

From the Intersecretarial Commission

Article 12. The Commission is constituted as a permanent body of the Federal Executive, which will be aimed at ensuring that the implementation of the programs in the field of care persons with the condition of the autism spectrum, be performed in a coordinated manner.

The agreements adopted within the Commission will be binding and the competent authorities will have to comply with them in order to achieve the objectives of this law.

Article 13. The Commission will be made up of the following agencies of the Federal Public Administration:

I. The Secretariat, who will chair the Commission;

II. The Secretary of Public Education;

III. The Secretary of Labor and Social Welfare;

IV. The Social Development Secretariat;

V. The Secretary of Government, and

VI. The Secretariat of Finance and Public Credit.

The Mexican Social Security Institute and the Institute for Social Security of Workers at the State Service will be permanent guests of the Commission.

Members of the Commission may appoint their alternate members.

The Commission, through its President, may convene the sessions to other agencies of the Federal Executive and public sector entities, in order to inform them of the matters of their competence, related to the care of people with the condition of the autism spectrum.

The Commission will leverage the institutional capacities of its members ' administrative structures for the development of their functions. The participation of the members and guests to the Commission shall be of an honorary nature.

The Commission will have a Technical Secretariat, which will be in charge of an official of the Secretariat.

Article 14. For the purpose of fulfilling its object, the Commission shall have the following functions:

I. Coordinate and follow up the actions that, in the field of their competence, must perform the dependencies and entities of the Federal Public Administration in the field of this Law, as well as the elaboration of relevant public policies in the field;

II. Support and propose coordination mechanisms between the authorities of the Federation, federal entities and municipalities for the effective execution of the programmes in the field of care for persons with the status of the autistic spectrum, and monitor the development of actions arising from such coordination, in accordance with the mainstreaming criterion provided for in this Law;

III. Support and propose mechanisms of consultation with the social and private sectors, in terms of the Law of Planning, in order to comply with the the principle of mainstreaming, as well as monitoring the execution and outcome of them;

IV. Support the promotion of policies, strategies and actions in the field of this Law, as well as to promote, where appropriate, the necessary modifications to them;

V. Propose to the Federal Executive the policies and criteria for the formulation of programs and actions of the agencies and entities of the Administration Federal public on the care of people with the condition of the autism spectrum, and

VI. Others to be determined by the Federal Executive Power Holder.

Article 15. The head of the Secretariat will seek from the General Health Council the opinion on programs and projects for scientific research and training of human resources, as well as on the establishment of new professional, technical, auxiliary and specialty studies that are required in the field of the autism spectrum, based on the provisions of the General Health Law.

Article 16. The Secretariat will coordinate the National Institutes of Health and other health sector bodies and organs to implement and implement the following actions:

I. Conduct clinical and scientific studies and research, epidemiological, experimental and basic technological development in the biomedical areas and socio-medical for the diagnosis and treatment of persons with the condition of the autism spectrum to seek their empowerment;

II. Link the activities of the National Institutes of Health with the research centers of the country's public and private universities in care and protection matters for people with the condition of the autism spectrum;

III. Conduct information campaigns on the characteristics of the autism spectrum condition, in order to raise awareness about the society;

IV. To target the population with the condition of the autism spectrum through, as appropriate, external consultations, clinical and cabinet studies, early diagnoses, enabling therapies, nutritional guidance, and other services that are needed in the National Institutes of Health and other health sector bodies and organs. The hospitalization service is excepted;

V. Promote policies and programs for the protection of the integral health of people with the condition of the autism spectrum;

VI. Exorder directly or through the institutions that integrate the National Health System, enablement certificates and diagnostics to persons with the condition of the autistic spectrum who so request, and

VII. To contribute to the updating of the Information System in charge of the Secretariat, which should allow a register of people with the The condition of the autistic spectrum receiving care from the National Health System throughout the national territory, as well as the infrastructure used for this.

CHAPTER IV

Bans and Sanctions

First Section

Bans

Article 17. It is strictly prohibited for the attention and preservation of the rights of persons with the condition of the autistic spectrum and their families:

I. Reject your focus on public and private sector clinics and hospitals;

II. Negating the necessary guidance for proper diagnosis and treatment, and dismissing the transfer of individuals to specialized institutions, in the the lack of knowledge required for proper care;

III. Act with negligence and take actions that put people's health at risk, as well as apply risky therapies, indicate over-medication to alter the degree of the condition or order unjustified internations in psychiatric institutions;

IV. Prevent or disavow enrollment in public and private educational sit-ins;

V. Allow children and young people to be victims of taunts and assaults that threaten their dignity and emotional stability by their teachers and colleagues;

VI. Prevent access to public and private services of a cultural, sporting, recreational, as well as transportation;

VII. Reuse the right to hire health insurance;

VIII. Deny the possibility of employment contracts to those with certificates of qualification issued by the responsible authority identified in this Law, indicating their suitability to perform such productive activity;

IX. Abusing people in the workplace;

X. Negate the legal advice necessary for the exercise of your rights, and

XI. All actions that threaten or intend to undermine the provisions of this Law and other applicable laws.

Section Second

Sanctions

Article 18. The administrative responsibilities and faults, as well as the criminal acts that are eventually committed for the improper observance of this Law, will be sanctioned in the terms of the administrative and criminal laws applicable to federal and local orders.

Transient

First. This Law shall enter into force on the day following that of its publication in the Official Journal of the Federation.

Second. The Federal Executive shall issue the regulatory provisions of this Law no longer than 6 months after the entry into force of this Decree.

Third. The H. Congress of the Union, the Legislatures of the States and the Legislative Assembly of the Federal District, will harmonize and expedite the legal norms for the fulfillment of this Law, and the the repeal of those incompatible, within a maximum period of 12 months, from the date of entry into force of this Law.

Fourth. The General Health Council shall submit to the holder of the Federal Executive the policies, programs and projects of scientific research and training of human resources, professional and technical specialists in the condition of the autistic spectrum within a period not later than 12 months after the entry into force of this Decree.

Fifth. The various secretariats, institutions and bodies, members of the Intersecretarial Commission in the field of their respective competences, and in accordance with their availability of resources, must have the support of the Secretariat to enable an efficient operation from the identification and attention of people with the condition of the autism spectrum.

Sixth. The actions that the Federal Public Administration's agencies and entities are required to carry out to comply with this Decree shall be subject to availability budget approved for this purpose in the Federation's Government Budget for the Fiscal Year.

Mexico, D.F., as at March 26, 2015.-Dip. Julio Cesar Moreno Rivera, President.-Sen. Miguel Barbosa Huerta, President.-Dip. Francisca Elena Corrales Corrales, Secretary.-Sen. Lilia Guadalupe Merodio Reza, Secretary.-Rubicas."

In compliance with the provisions of Article 89 (I) of the Political Constitution of the United Mexican States, and for its due publication and observance, I request this Decree in the Residence of the Federal Executive Branch, in Mexico City, Federal District, at thirty of April two thousand fifteen.- Enrique Peña Nieto.-Heading.-The Secretary of the Interior, Miguel Angel Osorio Chong.-Heading.