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The International Convention on the Rights of Persons with Disabilities and its Optional Protocol was approved by the United Nations General Assembly on December 13, 2006. Both are international treaties that collect the rights of persons with disabilities as well as the obligations of States Parties to promote, protect and secure those rights.
This Convention is the result of a long process, involving several actors: UN member states, UN observers, UN bodies and organisations of special relevance, Special Rapporteur on Disability, national human rights institutions, and non-governmental organizations, among which the organizations of people with disabilities and their families had a prominent role, and very strongly the Spanish ones.
Spain ratified the Convention and its Optional Protocol by Instrument of Ratification of the Head of State, published in the Official Gazette of the State of 21 April 2008, and entered into force on 3 May of this same year. From this moment on, and in accordance with the first paragraph of Article 96 of the Spanish Constitution of 1978, it forms part of the internal order, and it is therefore necessary to adapt and modify different rules for to make effective the rights that the Convention proclaims and guarantees. Furthermore, the European Union, by a Council Decision of 26 November 2009, has adopted the United Nations International Convention on the Rights of Persons with Disabilities, a Convention of which it has been a party since 23 June 2009. December 2010.
The constitutional text regulates in article 49 the attention to persons with disabilities by combining two mandates of different sign. The first mandate, which forms part of the social and democratic model of State, and which falls within the principle of material equality referred to in Article 9.2, provides for a series of actions by the public authorities consisting of the A policy of foresight, treatment, rehabilitation and integration. The second mandate, which falls within the context of the rule of law and links with Article 14 and the prohibition of discrimination, states that the public authorities ' shall be of particular concern to persons with disabilities for the enjoyment of rights that this Title "-Title I of the Constitution-" grants to all citizens ". For its part, Article 10.1 establishes the dignity of the person as the foundation of political order and social peace.
The joint interpretation of these articles gives the terms "foresight", "treatment", "rehabilitation" and "integration" an integral sense in line with the social approach of disability in the Convention, which sets it up as a complex set of conditions, many of which are originated by the social environment.
Article 49 of the Constitution, when it imposes on public authorities the obligation to protect especially persons with disabilities for the enjoyment of the rights that Title I grants to all citizens, recognizes that Disability cannot prevent or impede the full ownership and effective and effective exercise of fundamental rights, in line with the provisions of the Convention.
The normative modification of this royal decree finds its basis in Article 4 of the Convention, under which States Parties undertake to adopt all legislative, administrative and other measures. These are relevant to ensure the full exercise of all human rights and the fundamental freedoms of persons with disabilities without discrimination on the grounds of disability.
The Report on the necessary measures for the adaptation of Spanish legislation to the UN Convention on the Rights of Persons with Human Rights was approved by the Council of Ministers on 30 March 2010. disability and the then 16 affected ministries were given the task that, in the field of their competences, they would promote the reforms committed in it, always within the existing budgetary resources available at any given moment.
The objective of this royal decree, therefore, is to adapt the current regulatory regulation on disability to the guidelines of the Convention, in line marked by Law 26/2011, of August 1, of normative adaptation to the International Convention on the Rights of Persons with Disabilities.
In the field of transport, the amendment made in Royal Decree 1544/2007 of 23 November on the basic conditions of accessibility and non-discrimination for the access and use of the modes of transport Transport for persons with disabilities aims to include the Accessibility Plans in all sectors of transport and to establish a criterion for the development of the large infrastructure and services of small entities.
It is in line with the provisions of the Regulation on the basic conditions for the accessibility of persons with disabilities to the technologies, products and services related to the information society and media social communication, approved by Royal Decree 1494/2007 of 12 November 2007, as laid down in Law 56/2007 of 28 December 2007 on the Impulse Measures of the Information Society, in the field of Internet accessibility.
In the field of civil protection, the amendment is to ensure the general assistance of persons with disabilities; to regulate specific action protocols; as well as to include in training courses related to assistance to persons with disabilities.
With regard to the development of the testimony function, and in view of the current means of support for persons with disabilities, the Regulation of the Organization and the Notary Regime is amended in order to adapt it to the forecasts. of the Convention referred to in Articles 2 and 12.
In the field of health, the changes made are aimed at ensuring the right of access to information for people with disabilities. To this end, the use of appropriate formats is foreseen in the information provided to the patient and assistance and support in the provision of consent for persons with disabilities.
This standard has been submitted for consultation with the National Disability Council, which involves the representative organisations of people with disabilities and their families, and a report from the Consumers and Users ' Council. The Autonomous Communities have also been consulted.
In its virtue, on the proposal of the Ministers of Health, Social Policy and Equality, Justice, Interior, Development, Industry, Tourism and Commerce, with the prior approval of the Minister of Territorial Policy and Administration Public, in agreement with the Council of State and after deliberation by the Council of Ministers at its meeting on 16 September 2011,
DISPONGO:
Article first. Amendment of Royal Decree 1544/2007 of 23 November 2007 governing the basic conditions of accessibility and non-discrimination for the access and use of transport modes for persons with disabilities.
Royal Decree 1544/2007 of 23 November 2007 on the basic conditions of accessibility and non-discrimination for the access and use of transport modes for persons with disabilities is amended in the following terms:
One. Paragraph 1 of Annex IX. Cross-cutting measures, as follows:
" 1. Complementary nature of the cross-cutting measures.
The measures set out in this Annex shall apply where no specific material is provided for in the relevant sectoral annex.
Basic accessibility and non-discrimination conditions are considered for small-entity infrastructures and services, which are those with traffic equal to or less than 750 travellers/day, on average annually, those indicated in points 3, 4 (c), 5.2 in fine, 6, 8 and 10, compared to those of a large entity, with a traffic greater than 750 travellers/day for which all the rules of this royal decree are enforced. "
Two. A new paragraph 11 is added to Annex IX. Cross-sectional measures, which are worded as follows:
" 11. Accessibility plans.
11.1 The public authorities, or, where appropriate, the public administrations holding the transport service, in the facilities with a traffic greater than 750 passengers/day, on average annual, must draw up a Plan of accessibility, including, where appropriate, at least the following:
-Building access measures.
-Basic information elements, which will comprise a description of the means of visual and acoustic signalling.
-Service to the traveller under the conditions set out in paragraph 2 of this Annex, on a timely or permanent basis, until universal access to the facilities is available.
-Displacements through the interior of the buildings, with an enumeration of the measures to be taken to ensure that the transit to the mode of transport is practicable, including the auxiliary material referred to in the 5 of this Annex.
-Conditions of accessibility to the elements of buildings of general use, such as toilets, ramps, counters, staircases, lifts and any other general use to the public that lead to the services of the transport.
-Means of access to different transports.
The approval of the accessibility plans corresponds to the public administrations that hold the transport service and in the public bodies to their governing body and administration.
11.2 Public bodies or, where appropriate, holders of transport facilities, with traffic of 750 passengers per day or less, shall, provided that their management so permits, at least and without prejudice to the requirements of the the applicable obligations set out in this Annex XI, facilitating the access measures to the various transport and the basic elements of accessibility information. '
Three. The wording of the first subparagraph of paragraph 3.3 of Annex I is amended, which is read as follows:
" According to the length of the train, there must be at least the number of spaces for wheelchair travellers, who make the journey without leaving their chair, which indicates the following table:
| Length | Number of wheelchair travelers | |
|---|---|---|
| Bottom to 205 meters | 2 wheelchair spaces | |
| 205 to 300 meters | 3 wheelchair spaces | |
|
300 meters |
4 wheelchair spaces. " |
Article 2. Amendment of Royal Decree 1494/2007 of 12 November 2007 approving the Regulation on the basic conditions for the access of persons with disabilities to the technologies, products and services related to the society of the information and social media.
The second paragraph of Article 5.1 of the Regulation on the basic conditions for the accessibility of persons with disabilities to the technologies products and services related to the information society and media Social communication, approved by Royal Decree 1494/2007, of 12 November, will have the following wording:
"Exceptionally, this obligation shall not apply when a functionality or service does not have a technological solution that allows its accessibility."
Article 3. Amendment of Royal Decree 407/1992 of 24 April, approving the Basic Standard for Civil Protection.
Paragraph 4 (f) of the Basic Civil Protection Standard is amended, which is worded as follows:
" (f) Definition of measures for the protection of the population, ensuring assistance to persons with disabilities, which are intended to prevent or minimise adverse effects of the risk, with the aim of considering at least the following:
Access control.
Warnings to the population.
Shelter or isolation at home or in places of security.
Evacuation in its various variants.
Healthcare.
As a matter of priority, the operational procedures and the means employed must be such that the adoption of these measures can be ensured at the appropriate time. "
Article 4. Amendment of Royal Decree 1546/2004 of 25 June approving the Basic Plan for Nuclear Emergency.
A last paragraph is added to Section 4 of the First Title of the Basic Nuclear Emergency Plan (PLABEN), in the following terms:
"In any case, these plans should provide for specific action protocols to ensure assistance to people with disabilities."
Article 5. Amendment of Royal Decree 1564/2010 of 19 November 2010 approving the basic guideline for civil protection planning in the face of radiological risk.
A final paragraph is added to Title I (5) of the Basic Guideline for Civil Protection Planning for Radiological Risk, with the following wording:
"In any case, these plans should provide for specific action protocols to ensure assistance to persons with disabilities, both at the level of internal response and at the level of external response."
Article 6. Amendment of Royal Decree 1123/2000 of 16 June, regulating the creation and implementation of disaster support units.
A new paragraph 2 is added to Article 6 of Royal Decree 1123/2000 of 16 June, which regulates the creation and implementation of disaster support units, which is worded as follows:
" 2. Further training courses shall include specific training in subjects and aspects aimed at ensuring the safety and security of persons with disabilities. "
Current paragraph 2 becomes 3.
Item seventh. Amendment of the Rules of Procedure of the Notary Organization, approved by Decree of 2 June 1944.
Paragraph 1 of Article 182 of the Rules of Organization and the Notary Regime is worded as follows:
"1. º Persons who do not possess the necessary discernment to know and to declare or to understand the act or contract to which the public instrument refers."
Article 8. Amendment of Royal Decree 2070/1999 of 30 December, regulating the activities of obtaining and clinical use of human organs and the territorial coordination in the field of organ and tissue donation and transplantation.
The Royal Decree 2070/1999 of 30 December on the activities of obtaining and using the clinical use of human organs and the territorial coordination in the field of organ and tissue donation and transplantation modified as follows:
One. The first paragraph of Article 2 is worded as follows:
" 1. In those activities, the rights referred to in Article 10 of Law 14/1986 of 25 April, General of Health, Article 9 of Law 41/2002 of 14 November, basic regulation of the autonomy of the patient and of rights must be respected. and obligations concerning information and clinical documentation, and the rules and principles contained in Law 30/1979 of 27 October on the extraction and transplantation of organs, in particular those of voluntary, altruism, gratuitousness, absence of For profit and anonymity, it is not possible to obtain economic compensation or any other type by the donation of no part of the human body. "
Two. Article 9 (1) (c) is worded as follows:
" c. The donor must be informed in advance of the consequences of his decision, and must give his consent in an express, free, conscious and disinterested manner. Information and consent shall be made in appropriate formats, in accordance with the rules set out in the design principle for all, in such a way as to be accessible and comprehensible to persons with disabilities. "
Three. Article 15 (1) is amended as follows:
" 1. The transplantation of human organs may only be carried out in approved centres, with the prior and written consent of the recipient or his legal representatives, as provided for in Article 9 of Law 41/2002 of 14 November, basic (a) the patient's autonomy and rights and obligations in the field of information and clinical documentation, and on the basis of the risks and benefits of the intervention, as well as of the studies that are technically appropriate the type of transplant in question in each case. "
Article ninth. Amendment of Royal Decree 1301/2006 of 10 November laying down quality and safety standards for the donation, procurement, evaluation, processing, preservation, storage and distribution of cells and human tissues and the standards of coordination and operation for their use in humans are approved.
Royal Decree 1301/2006 of 10 November establishing quality and safety standards for the donation, procurement, evaluation, processing, preservation, storage and distribution of cells and human tissues and the rules for coordination and operation for use in humans are approved, as follows:
One. A new paragraph 3 is added to Article 7 with the following wording.
" 3. Information and consent shall be made in appropriate formats, in accordance with the rules set out in the design principle for all, in such a way as to be accessible and comprehensible to persons with disabilities. "
Current paragraph 3 becomes 4.
Two. The second subparagraph of Article 8 (1) is amended as follows:
" In the case of minors or persons with a judicially modified capacity, the opposition to the donation may be recorded by those who have been in life for those whose legal representation. In the case of persons with disabilities, the personal circumstances of the individual must be taken into account, their ability to take such a decision in particular and the provision of support for the taking of these decisions. "
Article 10. Amendment of Royal Decree 1088/2005 of 16 September laying down the technical requirements and minimum conditions for blood donation and transfusion centres and services.
Royal Decree 1088/2005 of 16 September laying down the technical requirements and minimum conditions for blood donation and transfusion centres and services is hereby amended as follows:
One. A second paragraph is added to Article 6, with the following wording:
"Information must be made in appropriate formats, following the rules set out by the design principle for all, so that people with disabilities are accessible and understandable."
Two. Article 9 is amended as follows:
" Candidates for blood donors or blood components shall be subject to prior recognition for each extraction, carried out, by means of a questionnaire and a personal interview by a health professional. qualified. In any event, the personal circumstances of the individual shall be taken into account in the prior recognition, taking further steps to enable the effective transmission and understanding of information to persons with disabilities. "
Three. Article 22 is amended as follows:
" The information to be provided to blood donors or autologous components shall be at least that specified in paragraphs 2, 5 and 10
Annex I.A.Information should be provided in appropriate formats, following the rules set out by the design principle for all, so that people with disabilities are accessible and understandable. "
Item 11th. Amendment of Royal Decree 223/2004 of 6 February on the regulation of clinical trials with medicinal products.
One. Article 2 (m) of Royal Decree 223/2004 of 6 February on the regulation of clinical trials with medicinal products, which is drawn up in the following terms, is amended:
" m. Informed consent: decision, which must be written and dated and signed, to participate in a clinical trial voluntarily adopted by a person able to give his consent after having been duly informed and documented about its nature, importance, implications and risks.
In the event that the subject has an impediment to write, consent may be given orally in the presence of at least one witness.
When you give consent to a person with disabilities, the information will be offered in appropriate formats, according to the rules that are marked by the design principle for all, so that it is accessible to you. and understandable, and the relevant support measures shall be arbitrated in order to facilitate the provision of their consent.
Where the subject of the test is not a capable person to give his consent, the decision shall be taken by his legal representative in accordance with Article 7. "
Two. Article 3 (10) is worded as follows:
" The test subjects shall have a point where they can obtain more information on the test, which shall consist of the information sheet for the subject.
In the case of persons with disabilities, this supplementary information shall be provided in the manner provided for in point (m) of the previous article. "
Additional disposition first. Designation of an independent mechanism to promote, protect and monitor in Spain the International Convention on the Rights of Persons with Disabilities.
Without prejudice to the functions of the Ombudsman as High Commissioner for the Defense of Human Rights, and for the purposes of Article 33 (2) of the International Convention on the Rights of Persons with Disability is designated to the Spanish Committee of Representatives of Persons with Disabilities (CERMI), as an association of public utility more representative at the state level of the different types of disability, as an independent mechanism to promote, protect and monitor the application in Spain of the said international treaty.
Additional provision second. Provision of information from the Autonomous Communities.
In accordance with the principles of mutual information and collaboration between public administrations and with the provisions of the Organic Law 15/1999 of 13 December, the Protection of Personal Data, and in order to guarantee compliance with international obligations, the autonomous communities, within the scope of their powers, shall forward annually and electronically to the Directorate-General for the Coordination of Sectoral Policies on the Disability of the Ministry of Health, Social Policy and Equal statistical data on the situation of persons with disabilities relating to the recognition of the degree of disability, mobility, age, gender and data on benefits or benefits recognised by the Autonomous Administrations, as well as other data to be agreed with the bodies competent for the autonomous communities. The format of such data shall be established by agreement between the Directorate-General for the Coordination of Sectoral Policies on Disability of the Ministry of Health, Social Policy and Equality and the competent bodies of the communities. standalone.
Additional provision third. Accessibility plans at ports of general interest.
Ports of general interest in which there are regular lines of passengers with a traffic exceeding 200,000 passengers/year, as well as sea stations which also have cruise activities with a traffic higher than that (a) quantity, must be in possession of the accessibility plans referred to in paragraph 11 of Annex IX to Royal Decree 1544/2007 of 23 November 2007 governing the basic conditions of accessibility and non-discrimination for access and use of transport modes for persons with disabilities.
Single repeal provision. Regulatory repeal.
The provisions of Article 2 (2) (c) of Royal Decree 1414/2006, of 1 December, determining the consideration of a person with a disability for the purposes of Law 51/2003, of 2 March 2003, are hereby repealed. December, Equal opportunities, non-discrimination and universal accessibility of persons with disabilities, as well as any other provision of equal or lower rank that opposes this royal decree.
Single end disposition. Entry into force.
This royal decree will enter into force on the day following its publication in the "Official State Gazette". However, the accessibility plans referred to in Article 1 shall enter into force no later than eight years after the entry into force of this royal decree.
Given in Madrid, 16 September 2011.
JOHN CARLOS R.
The Minister of the Presidency,
RAMON JAUREGUI STUNNED
