SECRETARY OF SOCIAL DEVELOPMENT
DECREE establishing the General Law for the Inclusion of Persons with Disabilities.
On the sidelines a seal with the National Shield, which reads: United Mexican States.-Presidency of the Republic.
FELIPE DE JESUS CALDERÓN HINOJOSA, President of the United Mexican States, to its inhabitants known:
That the Honorable Congress of the Union, has served to address the following
"THE GENERAL CONGRESS OF THE MEXICAN UNITED STATES, DECREES:
CREA THE GENERAL LAW FOR THE INCLUSION OF PEOPLE WITH DISABILITIES.
Unique Article. The General Law for the Inclusion of Persons with Disabilities is created.
General Law for the Inclusion of Persons with Disabilities
Article 1. The provisions of this Law are of public order, of social interest and of general observance in the United Mexican States.
Your object is to regulate the driving, the Article 1. of the Political Constitution of the United Mexican States establishing the conditions under which the State shall promote, protect and ensure the full exercise of the human rights and fundamental freedoms of persons with disabilities, ensuring their full inclusion in society in a framework of respect, equality and equal opportunities.
In an enunciative and non-limiting manner, this Law recognizes persons with disabilities their human rights and mandates the establishment of the public policies necessary for their exercise.
Article 2. For the purposes of this Law:
I. Accessibility. The relevant measures to ensure the access of persons with disabilities, on an equal footing with others, to the physical environment, transport, information and communications, including systems and technologies information and communications, and other services and facilities open to the public or for public use, both in urban and rural areas;
II. Reasonable Adjustments. The necessary and appropriate modifications and adaptations shall be understood that do not impose a disproportionate or undue burden, where required in a particular case, to ensure that persons with disabilities are exercise, on an equal footing with others, of all human rights and fundamental freedoms;
III. Social Assistance. A set of actions aimed at modifying and improving the social circumstances that impede the integral development of the individual, as well as the physical, mental and social protection of people in a state of need, defenselessness, physical and mental disadvantage, to achieve their incorporation into a full and productive life;
IV. Technical aids. Technology devices and materials that enable the enabling, rehabilitation or compensation of one or more functional, motor, sensory or intellectual limitations of persons with disabilities;
V. Communication. The written language, oral and Mexican sign language, text display, Braille system, tactile communication, macrotypes, multimedia devices written or hearing easy to access, language simple, digitised voice and other modes, media, systems, and increased or alternative communication formats, including easy-to-access information and communications technology;
VI. Community of Deaf. All that social group whose members have some deficiency of the auditory sense that limits them to regular and fluid communication and socialization in the oral language;
VII. Council. National Council for the Development and Inclusion of Persons with Disabilities;
VIII. Convention. Convention on the Rights of Persons with Disabilities;
IX. Discrimination on the grounds of disability. ' distinction, exclusion or restriction on grounds of disability which has the purpose or effect of hindering, impairing or leaving out the recognition, enjoyment or exercise shall be understood, on an equal footing, of all human rights and fundamental freedoms in the political, economic, social, cultural, civil or other fields. It includes all forms of discrimination, including the refusal of reasonable accommodation;
X. Universal design. The design of products, environments, programs and services that can be used by all people, to the greatest extent possible, without the need for adaptation or specialized design. The universal design shall not exclude technical support for particular groups of persons with disabilities when needed;
XI. Special Education. Special education is intended for individuals with temporary or permanent disabilities, as well as those with outstanding skills. It will cater to learners in an appropriate way to their own conditions, with inclusive and gender-based social equity;
XII. Inclusive Education. It is education that encourages the integration of people with disabilities into regular basic education, through the application of specific methods, techniques and materials;
XIII. Projected Stenography. It is the craft and technique of transcribing a monologue or oral dialogue simultaneously to its development and, at the same time, projecting the resulting text by visual electronic means;
XIV. Early Stimulation. Attention given to children aged between 0 and 6 years to enhance and develop their physical, intellectual, sensory and affective possibilities to the maximum, through systematic and sequenced programs that cover all areas of development human, without forcing the natural course of its maturation;
XV. Equal Opportunities. The process of adjustments, adjustments, improvements or adoption of affirmative actions necessary in the legal, social, cultural and goods and services environment, which will make it easier for people with disabilities to include them, integration, coexistence and participation, on equal opportunities with the rest of the population;
XVI. Language. Both oral language and sign language and other forms of non-verbal communication are understood;
XVII. Language of Mexican Señas. Language of a community of deaf people, consisting of a series of gestural signs articulated with the hands and accompanied by facial expressions, intentional gaze and body movement, endowed with linguistic function, is part of the linguistic heritage of that community and is as rich and complex in grammar and vocabulary as any oral language;
XVIII. Law. General Law for the Inclusion of Persons with Disabilities;
XIX. Organizations. All social organizations legally constituted for the care, attention or safeguarding of the rights of persons with disabilities or who seek to support and facilitate their participation in related decisions with the design, implementation and evaluation of programmes for their development and social integration;
XX. Guide dog or service animal. They are those who have been certified for the accompaniment, driving and assistance of persons with disabilities;
XXI. Person with Disabilities. Any person who, by reason of congenital or acquired reason, presents one or more deficiencies of a physical, mental, intellectual or sensory nature, either permanent or temporary and that when interacting with the barriers imposed by him social environment, can prevent its full and effective inclusion, on a level playing field with others;
XXII. Public Policy. All those plans, programs or actions that the authority develops to ensure the rights set forth in this Law;
XXIII. Prevention. The adoption of measures to prevent physical, intellectual, mental and sensory deficiencies from occurring;
XXIV. Program. The National Program for the Development and Inclusion of Persons with Disabilities;
XXV. Rehabilitation. Process of limited duration and with a defined objective, of medical, social and educational order among others, aimed at making it easier for a person with disabilities to reach a physical, mental, optimal sensory level, that allows to compensate loss of a function, as well as providing better social integration;
XXVI. System. National System for the Development and Inclusion of Persons with Disabilities;
XXVII. Braille Writing System. System for communication represented by embossed signs, read in touch by blind people, and
XXVIII. Transversality. It is the process by which policies, programs and actions, developed by public administration agencies and agencies, that provide goods and services to the population with disabilities are implemented. common purpose, based on an action plan and coordination of efforts and resources in three dimensions: vertical, horizontal and background.
Article 3. The observance of this Law corresponds to the dependencies, parastatal entities and deconcentrated organs of the Federal Public Administration, autonomous constitutional bodies, Power Legislative, Judiciary, the Council, the Governments of the Federative Entities and the Municipalities, in the field of their respective competences, as well as the natural or moral persons of the social and private sectors that provide services to the persons with disabilities.
Article 4. Persons with disabilities shall enjoy all the rights established by the Mexican legal order, without distinction of ethnic, national, gender, age, social, economic or health, religion, opinion, marital status, sexual preferences, pregnancy, political identity, language, migratory status or any other characteristic of the human condition or which is contrary to its dignity. Anti-discrimination measures are intended to prevent or correct a person with a disability to be treated in a less favourable direct or indirect way than another person who is not, in a comparable situation.
Anti-discrimination measures consist of the prohibition of conduct that aims or consequences to undermine the dignity of a person, to create an intimidating, hostile, degrading or offensive, due to the disability it has.
Positive affirmative actions consist of specific supports aimed at preventing or compensating for the disadvantages or difficulties of persons with disabilities in incorporation and full participation in the fields of political, economic, social and cultural life.
The Public Administration, in accordance with its field of competence, will promote the right to equal opportunities for persons with disabilities through the establishment of anti-discrimination measures. discrimination and positive affirmative action to enable the social integration of people with disabilities. It will be the priority of the Public Administration to adopt positive affirmative action measures for those with disabilities who suffer a higher degree of discrimination, such as women, people with severe disabilities, those with disabilities, live in the rural area, or they cannot represent themselves.
Article 5. The principles that public policies should observe are:
II. Social justice;
III. Equal opportunities;
IV. Respect for the evolution of the faculties of children with disabilities and their right to preserve their identity;
V. Respect for inherent dignity, individual autonomy, including the freedom to make the decisions themselves and the independence of individuals;
VI. Full and effective participation and inclusion in society;
VII. Respect for the difference and acceptance of disability as part of human diversity and condition;
X. Equality between women and men with disabilities;
XI. The transversality, and
XII. The others that are applicable.
Article 6. These are the powers of the Federal Executive in this Law, the following:
I. Establish public policies for persons with disabilities in order to comply with the obligations arising from international human rights treaties ratified by the Mexican State, adopting legislative, administrative and administrative measures and of other kinds, to make the rights of persons with disabilities effective;
II. Instruct the Federal Government agencies and agencies to implement actions to promote the social and economic inclusion of persons with disabilities in the framework of public policies;
III. Include in the Draft Budget of the Federation the resources for the implementation and implementation of the public policy derived from this Law, taking into consideration the participation of the federative entities in the distribution of these resources, in accordance with applicable legal orders;
IV. Establish and implement public policies through agencies and entities of the Federal Government, which ensure equity and equal opportunities for people with disabilities;
V. To grant, in accordance with applicable legal provisions, fiscal stimulus to natural or moral persons who perform actions in favour of persons with disabilities, adequate facilities in terms of accessibility, or any other they adhere to public policies in the field, in terms of the applicable legislation;
VI. To promote the consultation and participation of persons with disabilities, natural or moral persons and civil society organizations in the elaboration and implementation of policies, legislation and programs, based on this Law;
VII. Ensure the participation of persons with disabilities and civil society organizations in the elaboration of the reports that the Mexican Government will present to the United Nations in compliance with the Convention and before other international bodies, related to disability and human rights;
VIII. To ensure the integral development of persons with disabilities, in a full and autonomous manner, in the terms of this Law;
IX. Promote the social integration of people with disabilities through the exercise of their civil and political rights;
X. Promote the full exercise of the fundamental rights of persons with disabilities on a level playing field;
XI. Promote the adoption of affirmative action to avoid and compensate for the disadvantages of a person with disabilities to participate fully in political, economic, social and cultural life;
XII. Promote the solidarity participation of society and the family in the preservation and restoration of health, as well as the prolongation and improvement of the quality of life of people with disabilities, and
XIII. The others that other ordinances trust.
Rights of Persons with Disabilities
Health and Social Care
Article 7. The Health Secretariat will promote the right of persons with disabilities to enjoy the highest possible level of health, rehabilitation and empowerment without discrimination on the grounds of disability, through programs and services that will be designed and provided, considering criteria of quality, specialization, gender, gratuitousness or affordable price. For this purpose, you will perform the following actions:
I. Design, execute and evaluate public health programs for guidance, prevention, detection, early stimulation, comprehensive or specialized care, rehabilitation, and enablement, for different disabilities;
II. Create or strengthen health and social care facilities to implement the programs outlined in the previous section, which will be extended to rural regions and indigenous communities, considering human rights, dignity, autonomy and needs of people with disabilities;
III. Develop and implement in coordination with the Secretariat of Public Education, as appropriate, programs of education, training, training and specialization for health in the field of disability, so that health professionals provide people with disabilities with quality and dignified care, on the basis of free and informed consent;
IV. Create prostheses, orthotheses, technical aids and restricted-use medicines, which are accessible to the population with disabilities;
V. Encourage the creation of temporary or permanent care facilities for persons with disabilities in distress, where they are cared for in conditions that respect their dignity and their rights, in accordance with the principles established in the Present Law;
VI. To conclude agreements with public and private educational institutions to promote research and knowledge on the subject of disability;
VII. Implement awareness, training and updating programs aimed at medical and administrative staff for the attention of the population with disabilities;
VIII. Establish information, guidance, care and psychological treatment services for people with disabilities, their families or people who take care of their care and care;
IX. Dictate the technical standards to which the provision of health and social care services for persons with disabilities by the public, social and private sector will be subject;
X. Create programs of orientation, education, and sexual and reproductive rehabilitation for people with disabilities and their families;
XI. Take People's Insurance free of charge to the population with disabilities, and
XII. The others with other orders are available.
Article 8. The Council, the Governments of the Federative Entities and the Municipalities may conclude agreements with the private and social sectors, in order to:
I. Promote social care services for people with disabilities across the country;
II. Promote the provision of material, human and financial resources;
III. To ensure the integration and strengthening of public and private assistance in the provision of social assistance services to persons with disabilities;
IV. Establish mechanisms to address the demand for social care services for people with disabilities, and
V. Other persons with a view to ensuring the provision of social assistance services for persons with disabilities.
Article 9. Any discrimination against persons with disabilities in the provision of health or life insurance is prohibited.
Article 10. The Health Secretariat in coordination with the Council, will issue the National Classification of Disabilities, based on the guidelines established by the International Classification of Functioning of the Disability and Health, which will be available to the public and should be used in the design of public policies.
The Health Sector will issue a disability recognition and qualification certificate with national validity to persons with disabilities.
Job and Employment
Item 11. The Secretariat of Labor and Social Welfare will promote the right to work and employment of people with disabilities in equal opportunities and equity, which will give them certainty in their personal, social and labor development. For this purpose, you will perform the following actions:
I. Prohibit any kind of discrimination on the grounds of disability in the selection, recruitment, remuneration, type of employment, reintegration, continuity, training, job settlement, professional promotion and securing working conditions accessible, safe and healthy;
II. To design, execute, evaluate and promote public policies for the employment inclusion of persons with disabilities in the public or private sector, who protect training, employment, hiring and trade union rights, where appropriate, for persons with disabilities;
III. Develop and implement the national work and employment programme for persons with disabilities, including training, creation of labour integration agencies, access to public or private work bags, protected job centres, workshops, technical assistance, vocational or vocational training, scholarships in any of its modalities, employment integration of persons with disabilities in the public administration of the three government orders, through agreements with the public, social and private sectors;
IV. Provide technical and legal assistance to the productive, social and private sectors in the field of disability, as they so request;
V. Review the Mexican Official Rules in order to permit full access and enjoyment of the labor rights established by this Law and other applicable provisions;
VI. Encourage training and awareness-raising for staff working with people with disabilities in the public or private sector;
VII. Promote measures to ensure that work obligations do not disrupt the rehabilitation process for persons with disabilities, and
VIII. The others with other orders are available.
Article 12. The Ministry of Public Education will promote the right to education for persons with disabilities, prohibiting any discrimination in the fields of plant, educational, childcare or teaching or administrative staff of the National Educational System. For such purposes, perform the following actions:
I. Establish in the National Educational System, the design, execution and evaluation of the program for special education and the program for inclusive education of persons with disabilities;
II. Promote the inclusion of people with disabilities at all levels of the National Education System, developing and implementing rules and regulations that prevent their discrimination and accessibility conditions in educational facilities, provide educational, material and technical support and have trained teaching staff;
III. Establish mechanisms to ensure that girls and children with disabilities enjoy the right to free and compulsory admission as well as to specialised care, in child development centres, public nurseries and in private childcare facilities. by means of service agreements. Girls and boys with disabilities may not be conditioned on their integration into initial or pre-school education;
IV. Incorporate teachers and assigned staff directly involved in the educational integration of persons with disabilities, the National System of training, updating, training and professional improvement for teachers of education basic;
V. Establish that educational programs that are broadcast on public or private, national or local television, include technologies for text, audio descriptions, projected stenography, or Mexican language interpreters;
VI. To provide students with material disabilities and technical aids to support their academic performance, seeking to equip the schools and educational centres with books in braille, teaching materials, support for sign language interpreters Mexican or braille specialists, computer equipment with technology for blind people and all those supports that are identified as necessary to provide quality education;
VII. Include the teaching of the Braille Writing System and the Language of Mexican Señas in public and private education, encouraging the production and distribution of free textbooks in Braille Writing System, macrotypes and audible texts that complement the knowledge of students with disabilities;
VIII. Establish a national educational scholarship program and training grants for people with disabilities at all levels of the National Education System;
IX. To design and implement training and certification programs for interpreters, stenographers from Spanish and other specialized personnel in the dissemination and joint use of Spanish and the Language of Mexican Señas;
X. To promote all forms of written communication that facilitate the deaf speaker, the deaf senant or semilingue, the development and use of the language in written form;
XI. To promote programs of research, preservation and development of the Mexican Language of Senas, of people with hearing disabilities and of the forms of communication of people with visual impairment;
XII. Incorporate into the National System of Science and Technology guidelines that allow research and development of universal design goods, services, equipment and facilities;
XIII. Encourage students to support people with disabilities who so require, so that they meet the social service requirement, and
XIV. The others with other orders are available.
Article 13. In the National Library System and reading rooms, among others, computer equipment with adapted technology, writing and printing in the Braille Writing System will be included. Extension and readership of text, suitable spaces and other technological innovations to enable people with disabilities to be used.
Article 14. The Language of Mexican Señas, is officially recognized as a national language and is part of the linguistic heritage of the Mexican nation. The Braille System, the accessible modes, means and formats of communication chosen by persons with disabilities shall be recognised.
Article 15. Special education shall, in addition to the provisions of the General Law on Education, be aimed at the formation of independent life and the attention of special educational needs. includes, among others, severe difficulties in learning, behavior, emotional, multiple or severe disability and outstanding skills, allowing people to have an equitable academic performance, thus avoiding neglect, defection, lag or discrimination.
Accessibility and Housing
Article 16. People with disabilities have the right to universal accessibility and housing, so rules, guidelines and regulations should be issued to ensure accessibility. mandatory in public or private facilities, allowing them free movement in dignified and safe conditions.
The departments and competent entities of the Federal, State and Municipal Public Administration will monitor compliance with the provisions on accessibility, urban development and housing. set on the current normativity.
Public buildings must be subject to existing Mexican legislation, regulations and official regulations, in order to ensure accessibility to them.
For such purposes, the Board will perform the following actions:
I. Coordinate with the agencies and entities of the three government orders, the development of programs in the area of accessibility, urban development and housing, the promotion of legal reforms, the elaboration of regulations or standards and certification in terms of accessibility to public or private facilities;
II. Monitor the application of legal or administrative provisions, ensuring accessibility in public or private facilities, and
III. Promote that people with disabilities who have the support for their daily activities, a guide dog or service animal, have the right to have access and stay with them in all spaces where they are Unwrap. Any restriction by which the exercise of this right is prevented is also prohibited.
Article 17. To ensure accessibility in the basic infrastructure, equipment or urban environment and public spaces, the following guidelines will be included:
I. That it is universal, mandatory and adapted for all people;
II. That includes the use of signage, architectural facilities, technologies, information, braille system, Mexican sign language, technical aids, guide dogs or service animals and other supports, and
III. That the adequacy of public facilities is progressive.
Article 18. People with disabilities are entitled to decent housing. Public sector or private sector housing programs should include architectural projects of construction that consider their needs for accessibility. Public housing institutions will grant facilities to receive credits or subsidies for the acquisition, redemption of liabilities and construction or remodeling of housing.
Public Transport and Communications
Article 19. The Secretariat of Communications and Transport will promote the right of persons with disabilities, without discrimination of any kind, to access to transport, systems and technologies. information and communications, particularly those that contribute to their independence and integral development. For these purposes, you will perform the following actions:
I. Establish coordination mechanisms with competent authorities and private companies in order to develop standards and programmes that guarantee people with disabilities, accessibility, security, comfort, quality and functionality in the media air, land and sea public transport;
II. Promote that in the award of the air, land or sea public transport service, the units and facilities will guarantee people with disabilities the accessibility for displacement and services, including specifications techniques and anthropometric, technical or human support and trained personnel;
III. Promote in the field of their competence programs and campaigns of road education, urban courtesy and respect towards people with disabilities in their transit through the road and public places, as well as to avoid any kind of discrimination in use Air, land or sea public transport;
IV. To promote the subscription of agreements with the concessionaires of the media, to disseminate an image of people with disabilities that is compatible with the purpose of this Law, and to incorporate in the programming of the channels of television programmes for the training, awareness-raising and participation of people with disabilitiesand
V. Promote agreements with public transport dealers so that people with disabilities enjoy discounts on fares for public transport services.
Article 20. The media will implement the use of technology and, where appropriate, interpreters of the Mexican Language Language, which will allow the community of the deaf to the communication facilities. and access to the content of your programming.
Article 21. The Secretary of Social Development will promote the right of people with disabilities to a higher rate of human development as well as that of their families, including adequate food, clothing and housing. continuous improvement of their living conditions, without discrimination on the grounds of disability. For these purposes, you will perform the following actions:
I. To establish measures to ensure the access of persons with disabilities in all actions, programs of protection and social development and poverty reduction strategies, in compliance with all those provisions that are applicable from the General Law on Social Development;
II. Establish programmes for the provision of social assistance services for persons with disabilities in poverty, neglect or marginalisation, including training services, financial assistance and temporary care services, which will be extended to rural regions and indigenous communities;
III. Promote the opening of specialized facilities for assistance, protection and shelter for people with disabilities in poverty, neglect or marginalization, and
IV. All others that aim to improve social conditions and enable the capacities of people with disabilities to be enhanced.
Data and Statistics Collection
Article 22. The National Institute of Statistics and Geography through the applicable legislation, will ensure that the National Population Census includes guidelines for the collection of information and statistics of the population with disabilities, which shall be of public order and shall have the purpose of formulating plans, programmes and policies. In addition, it will develop statistical tools that provide qualitative and quantitative information and indicators on all aspects related to disability.
Article 23. The Council in coordination with the National Institute of Statistics and Geography, will develop the National Disability Information System, which will aim to provide information on public services, private or social, and all kinds of related information, to the population with disabilities, which can be consulted by electronic or printed means, through consultation modules arranged in public facilities.
Sport, Recreation, Culture and Tourism
Article 24. The National Commission for Physical Culture and Sport will promote the right of people with disabilities to sport. For such purposes, perform the following actions:
I. Formulate and implement programs and actions that guarantee the granting of administrative, technical, human and financial support, required for the practice of physical and sports activities to the population with disabilities, at their levels of popular development, new values, prospects, high performance of first-strength and youth, master and Paralympic;
II. Develop with the national sports associations of sport adapted the National Program of Paralympic Sport and its budget;
III. To ensure the access and free movement of persons with disabilities in public facilities for the practice of physical, sporting or recreational activities, and
IV. The others with other orders are available.
Article 25. The National Council for Culture and the Arts will promote the right of people with disabilities to culture, recreation, the development of their artistic abilities and the protection of their intellectual property rights. For such purposes, perform the following actions:
I. Establish programs to support the artistic and cultural development of people with disabilities;
II. Encourage people with disabilities to have the necessary facilities to access and enjoy cultural services, and
III. The others with other orders are available.
Item 26. The National Council for Culture and the Arts, will design and implement policies and programs aimed at:
I. To generate and disseminate among society respect for the diversity and participation of people with disabilities in art and culture;
II. Establish conditions for the inclusion of persons with disabilities to achieve equity in the promotion, enjoyment and production of artistic and cultural services;
III. To promote the physical and signalling adjustments necessary to have access to any premises where any cultural activity takes place;
IV. Disseminate cultural activities;
V. Promote the recognition and support of their specific cultural and linguistic identity, including the Mexican language language and the culture of the deaf;
VI. Establish human resource training, the use of materials and technology in order to achieve their integration into cultural activities;
VII. Encourage the development of reading materials, including in Braille systems or other accessible formats, and
VIII. The others with other orders are available.
Item 27. The Department of Tourism will promote the right of people with disabilities to access tourism, recreation or leisure services. For such purposes, perform the following actions:
I. Establish programmes and standards so that the infrastructure to provide tourism services in the national territory has universal accessibility facilities;
II. Establish programs for the tourism promotion of people with disabilities, and
III. The others with other orders are available.
Access to Justice
Article 28. Persons with disabilities shall be entitled to receive a dignified and appropriate treatment in the administrative and judicial proceedings in which they are a party, as well as advice and representation legal form in such procedures, under the terms set out in the respective laws.
Article 29. The institutions of administration and delivery of justice will have expert experts in the various disabilities, support of Spanish Language interpreters, as well as the issuing documents in Braille Write System.
Article 30. The institutions of administration and delivery of justice will implement training and awareness programs aimed at their staff, focusing on people with disability.
Article 31. The Federal Executive Branch and the Governments of the Federative Entities, in coordination with the Council, will promote the administration and delivery of justice, the availability of resources for communication, technical and human assistance necessary for the care of persons with disabilities in their respective jurisdictions.
Freedom of Expression, Opinion, and Access to Information
Article 32. People with disabilities have the right to freedom of expression and opinion; including the freedom to collect, receive and provide information through any form of communication that to facilitate participation and integration on an equal footing with the rest of the population. For such purposes, the competent authorities shall establish, inter alia, the following measures:
I. Facilitate timely and at no additional cost, information addressed to the general public, in accessible formats and with the appropriate technologies for different types of disability;
II. Promote the use of the Mexican Language Language, the Braille System, and other modes, media and communication formats, as well as access to new information and communications systems and technologies, including the Internet;
III. The institutions in charge of social services and programmes in the field of disability will provide the information and advice required to promote their development and social integration, and
IV. The media and private sector institutions that provide services and provide information to the general public will provide it in accessible and easily understood formats to people with disabilities.
Guidelines for the National Program for the Development and Inclusion of Persons with Disabilities
Article 33. The Federal Government, the Governments of the Federative Entities and the Municipalities, within the scope of their respective competences and in coordination with the Council, will participate in the elaboration and implementation of the Programme, and should observe the responsibilities and obligations of persons with disabilities established in this Law.
Article 34. The Program must comply with the following general guidelines:
I. The Official Journal of the Federation shall be published, revised, modified or ratified and published in the Official Journal of the Federation in the first quarter of the year and shall be published in the Official Journal of the Federative Entities;
II. Develop the Program based on the guidelines established by the Convention on the Rights of Persons with Disabilities and this Law;
III. Clearly establish public policy, goals and objectives in the field of disability at all three levels of government;
IV. Comply with current regulations for the development of programs, oversight, accountability, and transparency mechanisms; and
V. Include guidelines and indicators of public policies, statistics, budgets, social impact, and all those deemed necessary for a correct and efficient implementation.
National System for the Development and Inclusion of Persons with Disabilities
Article 35. The dependencies and entities of the Federal Government, the Governments of the Federative Entities and the Municipalities, within the scope of their respective competences, as well as, the natural persons or The social and private sectors that provide services to persons with disabilities, in coordination with the Secretariat of Health, constitute the National System for the Development and Inclusion of Persons with Disabilities.
Article 36. The system aims at the coordination and continuous monitoring of public and private programs, actions and mechanisms that allow the implementation of policies public for the development and inclusion of people with disabilities.
Article 37. The System will have the following objectives:
I. Disseminate the rights of people with disabilities;
II. To promote collaboration and coordination agreements between national and international public and private bodies for compliance with this Law;
III. Strengthen the mechanisms of co-responsibility, solidarity and subsidiarity in favour of people with disabilities;
IV. Promote programs and actions to create conditions for equality and equal opportunities for people with disabilities;
V. To promote actions aimed at improving the social status of the population with disabilities between the Union Powers and civil society;
VI. Promote that in policies, programs or actions, awareness of the skills, abilities, skills, merits and contributions of people with disabilities in all areas is encouraged, and
VII. Provide services to persons with disabilities based on the principles set out in this Law.
National Council for the Development and Inclusion of Persons with Disabilities
Naming, object, address, and heritage
Article 38. The National Council for the Development and Inclusion of Persons with Disabilities is created as a decentralized public body, with its own legal personality and its own heritage. for the fulfilment of its powers shall enjoy technical and management autonomy to formulate policies, actions, strategies and programs derived from this Law.
Item 39. The of the Council is to establish public policy for persons with disabilities, through institutional and interinstitutional coordination, as well as to promote, promote and evaluate the participation of the public sector and the public sector. private sector, in the actions, strategies, public policies and programs derived from this Law and other ordinances.
Article 40. The address of the Council shall be Mexico City, Federal District and may have the administrative units necessary for the fulfilment of its powers.
Article 41. The Council's heritage will be integrated with:
I. The resources assigned to you by the Chamber of Deputies in the Federation's Budget for the Fiscal Year;
II. The movable and immovable property assigned to it;
III. The goods to be acquired by any other lawful title, and
IV. The contributions, donations, legacies and other liberalities received from natural and moral persons.
Article 42. For compliance with this Law, the Council shall have the following privileges:
I. Coordinate and develop the National Program for the Development and Inclusion of Persons with Disabilities;
II. Send the Program to the Chambers of the Congress of the Union for their knowledge;
III. To promote the enjoyment and full exercise of the rights of persons with disabilities, as well as to make their knowledge the institutional channels to make them enforceable before the competent authority;
IV. Promote accessibility in the physical infrastructure of public facilities and the technical, material and human resources necessary for the safe and accessible care of the population with disabilities;
V. To promote the development, publication and dissemination of studies, research, works and materials on the social, economic, political and cultural development and inclusion of people with disabilities;
VI. Promote and promote the culture of dignity and respect for people with disabilities through awareness raising and awareness programs;
VII. Request information from public, social, and private institutions to enable them to comply with the privileges conferred upon it by this Law;
VIII. Promote the signature, ratification and enforcement of international or regional disability instruments;
IX. To disseminate and monitor compliance with obligations with governments and institutions in other countries as well as with international bodies related to disability;
X. Conclude partnerships with public and private, national and international agencies for the development of projects that benefit people with disabilities;
XI. To conclude agreements with the government sector and the productive and business sectors, so that discounts, economic or administrative facilities can be granted in the purchase of public or private goods and services, disability or their families;
XII. Promote the harmonization of laws and regulations at the federal, state or municipal level, with respect to the provisions of the Convention on the Rights of Persons with Disabilities;
XIII. Promote the creation and implementation of Mexican Official Disability Standards;
XIV. Develop, present and disseminate annually the progress report and results of the Programme;
XV. Submit an annual activity report;
XVI. Contribute to the Secretariat of Foreign Relations in the elaboration of the reports that the Mexican State will present to the international organizations, on the implementation and enforcement of international instruments in the field of disability, and
XVII. The other provisions laid down in this Law, its Regulation, the Council's Organic Statute and other applicable provisions.
Article 43. The Board Administration corresponds to:
I. The Governing Board, and
II. The Director General.
Article 44. The Board of Government of the Council shall be composed of nine representatives of the Federal Executive Branch, one of the National Commission of Human Rights and five representatives of the Assembly. Consultative.
Representatives of the Federal Executive Branch will be the holders of the following dependencies and entities:
I. Health Secretary;
II. Secretary for Social Development;
III. Secretary of Public Education;
IV. Secretary of Finance and Public Credit;
V. Secretary of Labour and Social Welfare;
VI. Secretary for Communications and Transport;
VII. National System for Integral Family Development;
VIII. National Council to Prevent Discrimination, and
IX. National Committee on Physical Culture and Sport.
The members appointed by the Consultative Assembly will last for three years, and can be ratified for another equal period. This charge will have the character of honorific.
The Director General of the Council will participate in a voice but without voting rights.
In addition, permanent guests will be invited to the Governing Board with the right to speak, but not to vote, a representative of each of the following public bodies: Secretary of Tourism, Secretary of Agriculture, Livestock, Rural Development, Fisheries and Food and National Institute of Statistics and Geography.
Item 45. The Governing Board shall be chaired by the Secretary of Health. The owners shall have alternates, who shall have a minimum level of Deputy Secretary or Director General or their equivalent. The members or alternate members in the exercise of their duties shall have the right to vote.
Item 46. The Governing Board, with the approval of the majority of its assistants, may convene other federal, state or municipal agencies or public entities, as well as other private or social bodies, which shall be entitled to voice in the session or corresponding sessions, to address issues of your competence.
Article 47. The Governing Board shall, in addition to those provided for in Article 58 of the Federal Law on ParaState Entities, have the following powers:
I. Adopt the Council's Organic Statute, on the basis of the proposal presented by the Director-General of the Council;
II. Establish the general policies for the conduct of the Council in accordance with this Law, the Organic Statute, the Program and the other systems that regulate its operation;
III. Approve plans for annual tasks, budgets, activity reports, and financial statements;
IV. Approve the Organic Statute, the General Organization of the Council and the Manuals of Procedures;
V. Appoint and remove, on a proposal from the Director-General of the Council, the public servants of the Council who hold positions in the two administrative hierarchies lower than that of the latter;
VI. Issue and publish the annual report of the Board, and
VII. The others who trust you with this and other applicable ordinances.
Article 48. The Governing Board will be validly sessionable when more than half of the members are present in the session.
The resolutions shall be taken by a majority of the members present and in the event of a tie, the President shall have a vote of quality.
The sessions held by the Governing Board shall be ordinary and extraordinary; ordinary sessions shall be held at least every three months, and the extraordinary sessions shall be held when the Call the Chair of the Board.
Article 49. The Director General shall be appointed by the President of the Republic, with such appointment in person having the following requirements:
I. Be a Mexican citizen by birth who does not acquire another nationality and be in full enjoyment and exercise of his civil and political rights;
II. Having held high level decision-making positions, the exercise of which requires knowledge, experience in administrative and disability matters, and
III. Do not find in any of the impediments that to be a member of the Governing Body they point to the fractions II, III, IV and V of article 19 of the Federal Law of the ParaState Entities.
Article 50. The Director-General of the Council shall, in addition to those provided for in Article 59 of the Federal Law on ParaState Entities, have the following powers:
I. Plan, organise, coordinate, direct, control and evaluate the functioning of the Council, subject to the applicable provisions;
II. Submit to the consideration of the Governing Board the project of the Program;
III. Subject to the approval of the Governing Board the annual activity report and the report on the budget year;
IV. Implement the agreements and other provisions of the Council and the Governing Board, as well as monitor their compliance by the competent administrative units of the Council;
V. Draw up the annual activity report, as well as the budget year, the latter's previous opinion of the Secretariat of Finance and Public Credit;
VI. Submit to the approval of the Governing Board the draft of the Organic Statute;
VII. Appoint the public servants of the Council, with the exception of those who occupy the two immediate lower hierarchical levels of the holder;
VIII. Exercise the legal representation of the Council, as well as delegate it when there is no express prohibition for it;
IX. Conclude cooperation agreements with national and international bodies for the development of the Council's powers, in accordance with the applicable rules;
X. Propose to the Governing Board the salary tab of the Council, and
XI. The others who trust this or other orders.
Article 51. The Consultative Assembly is an advisory and consultative body of the National Council for the Development and Social Inclusion of Persons with Disabilities, of Citizen Participation, Plural conformation and honorific character, which will aim to analyze and propose programs and actions that have an impact on the fulfillment of the Program.
Article 52. The Consultative Assembly will have the following attributions:
I. Attend consultations and formulate opinions requested by the Governing Board or the Director General of the Council;
II. To issue opinions and make proposals on the implementation and guidance of Public Policy for the Development and Inclusion of People with Disabilities;
III. Promote citizen participation and organizations of and for persons with disabilities in the monitoring, operation and evaluation of the Program;
IV. Support the Council in the promotion and implementation of the Programme;
V. To propose to the Council the issues that are of importance to be subject to public consultation;
VI. Promote and encourage the collaboration of public and private, national and foreign agencies in the development and inclusion of people with disabilities;
VII. To promote the conduct of studies and research in the field;
VIII. Recommend audits to priority programs when there are causes that merit it;
IX. Promote the conclusion of agreements with Federal Executive agencies, federative entities, municipalities and organizations, for the implementation of programs related to the development and social inclusion of people with disability;
X. To inform public opinion on the general interest aspects relating to the Programme;
XI. Integrate the commissions and working groups that are necessary for the exercise of their privileges;
XII. Appoint five persons, owners and alternates, who will be part of the Governing Board, and
XIII. The others with other orders are available.
Item 53. The Consultative Assembly shall be composed of:
I. A representative elected by organizations of and for persons with disabilities, of each of the Federative Entities;
II. Five persons among experts, academics or researchers elected by public call made in the terms provided for in the Organic Statute, and
III. Five representatives of national organisations and persons with disabilities, elected by a committee to take into account the different disabilities and gender which will be integrated by the Director-General of the Council, the Presidents From the Care Commissions to Vulnerable Groups of both Houses of the Union Congress and the President of the National Human Rights Commission.
The Assembly shall be chaired by an elected representative of its members.
Article 54. The members of the Consultative Assembly, whose position will have the character of honorific, will last for three years and will be able to be ratified for an equal period, in terms of the in the Organic Statute.
Article 55. The operating bases and organization of the Consultative Assembly shall be established in the Council's Organic Statute.
Article 56. The Consultative Assembly may receive the collaboration of other agencies and entities of the Federal Public Administration, State and Municipal Governments, of civil organizations. and private individuals.
Article 57. The Council shall have a comptroller, internal control body at the front of which shall be the person designated in the terms of the Organic Law of the Federal Public Administration.
Article 58. Corresponding to the Secretariat of the Civil Service the exercise of the powers that in matters of control, inspection, surveillance and evaluation give to it the Organic Law of the Federal Public Administration, without prejudice to the powers that correspond to the Higher Audit of the Federation. The Supervisory Body of the Council shall be composed of a Public Commissioner and an alternate, appointed by the Secretariat of the Civil Service, who shall perform their duties in accordance with the applicable legal provisions.
Item 59. The working relations of the Council and its staff shall be governed by the Federal Labor Law, under Article 123 (A) of the Political Constitution of the United Mexican States.
Responsibilities and Sanctions
Article 60. Failure to comply with the precepts established by this Law shall be sanctioned as provided for in the Federal Law on Administrative Responsibilities of Public Servants, the Federal Law of Responsibilities of the Public Servers and other applicable ordinances.
First. This decree shall enter into force the day after its publication in the Official Journal of the Federation.
Second. The General Law of Persons with Disabilities, published in the Official Journal of the Federation on June 10, 2005, is repealed and all those provisions that oppose the present are repealed. decree.
Third. The Federal Executive Holder will convene and install the National Council for the Development and Inclusion of Persons with Disabilities within thirty days of the start of the validity of this Law.
Fourth. The Federal Executive Branch shall issue the Regulation of this Law within one hundred and eighty days from the entry into force of this Law.
Fifth. The financial, material and human resources for the establishment and operation of the body created in this decree, will be those with which the Technical Secretariat of the National Council for Persons with Disabilities.
Sixth. For the purpose of installing the Council, the Governing Board and the Consultative Assembly, persons with disabilities referred to in Article 53 (I) shall be appointed by the Members. of the Executive Branch of the Federative Entities for the only time and will last for up to six months.
The representatives referred to in Sections II and III of Article 53 of this Law shall be proposed by the Director General for the sole time and shall last for up to six months.
Seventh. All competent entities shall develop the public policies and actions identified in this Law, taking measures up to the maximum of their available resources to achieve, in a manner progressive, the full exercise of these rights in line with the Convention.
Mexico, D.F., as at 3 March 2011.-Dip. Jorge Carlos Ramírez Marin, President.-Sen. Manlio Fabio Beltrones Rivera, President.-Dip. Heron Escobar Garcia, Secretary.-Sen. Martha Leticia Sosa Govea, 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, to twenty-seven May of two thousand eleven.- Felipe de Jesús Calderón Hinojosa.-Rubrias.-The Secretary of the Interior, José Francisco Blake Mora.-Heading.