Key Benefits:
ArtAculoA 1Aº. -A establishment of a comprehensive protection system for people with disabilities, tending to assure them of their medical attention, their education, their physical rehabilitation, their social, economic and In order to ensure that the benefits, benefits and benefits of the disability are to be neutralised by the disability, the benefits, benefits and social security cover will be given the opportunity, through their efforts, to play in the community a role equivalent to the role of the others.
ArtAculoA 2Aº. -A disability is considered for any person who has permanent or prolonged functional alteration, physical (motor, sensory, orgA, visceral) or mental (intellectual and/or psAquica). that in relation to your age and social environment, there are considerable disadvantages for your family, social, educational or work integration.
ArtAculoA 3Aº. -A Prevention is the application of measures intended to prevent the occurrence of disabilities as described in the article 2Aº of this law or, if they have occurred, to prevent them from having Negative, psychological or social consequences.
ArtAculoA 4Aº. -A Comprehensive Rehabilitation is the total process, characterized by the coordinated application of a set of medical, social, psychological, educational, and labor measures to adapt or re-adapt to the The aim is to achieve the highest possible level of capacity and social inclusion of people with disabilities, as well as actions that tend to eliminate the disadvantages of the environment in which they are developed for the development of such capacity.
Professional rehabilitation means the part of the comprehensive rehabilitation process in which the media are provided, especially professional orientation, professional training and selective placement, so that people with disability can obtain and maintain adequate employment.
ArtAculoA 5Aº. -A Without prejudice to the rights established by existing national rules and international conventions of ratified work, the rights of persons with disabilities will be established in the Declaration of the Rights of the Imorders of 9 December 1975 and the Declaration of the Rights of the Mentally Retarded by the United Nations of 20 December 1971; the Declaration of the Rights of Mental Health of the Covenant of Geneva 2002 and the Law No. 18,418, dated November 20, 2008.
Persons with disabilities will enjoy all rights without exception and without distinction or discrimination on the basis of race, color, sex, language, religion, political opinions or other Andole, national or social origin, fortune, birth or any other circumstance, whether or not you personally refer to them or your family.
The right to these effects is especially recognized:
| A) | Respect for your human dignity whatever the origin, nature or severity of your disorders and deficiencies. |
| B) | To enjoy a decent life as normal and full as possible. |
| C) | The adoption of measures to enable you to achieve the largest autonoma. |
| D) | To health, education, professional adaptation and readability, and to your job integration. |
| E) | To economic and social security, to a decent standard of living and housing. |
| F) | To live within your family or a surrogate home. |
| G) | To be protected against any exploitation, any regulation or any discriminatory, abusive or degrading treatment. |
| H) | To benefit from a competent legal assistance when it is established that such assistance is indispensable for the protection of your person and property. If he is the subject of a judicial action, he should be subject to a procedure appropriate to his physical and mental conditions. |
ArtAculoA 6Aº. -A State will lend people with disabilities the protection of their rights to the extent necessary and sufficient to allow their most extensive promotion and individual and social development.
This will be extended in addition to the relevant:
| 1) | The people of whom they are dependent or whose care they are. |
| 2) | A legal entity with legal status whose specific tasks promote the provision, development, and integration of people with disabilities. |
| 3) | To private institutions with legal personality, to provide them with the same services they provide to their affiliates in general. |
The comprehensive rehabilitation of people with disabilities is being reviewed at national level.
ArtAculoA 7Aº. -A protection of the disabled person of any age will be accomplished through actions and measures in order to their health, education, social security and work.
ArtAculo 8Aº. -A State will provide coordinated assistance to persons with disabilities who lack any or all of the benefits referred to in the following literals of this article, so that they can A role equivalent to the role played by the people in society.
To this effect, you will take the corresponding measures in the areas that are mentioned below, as in any other that the law establishes:
| A) | Medical, psychological, and social attention. |
| B) | Comprehensive rehabilitation. |
| C) | Social security programs. |
| D) | Programs to educate in diversity by offering to integrate and include. |
| E) | Job or professional training. |
| F) | Prstations or subsidies intended to facilitate your physical, labor, and intellectual activity. |
| G) | Public transport. |
| H) | Training of specialized personnel for guidance and rehabilitation. |
| I) | Stumps for entities that grant them jobs. |
| J) | Educational programs and for the community in favor of people with disabilities. |
| K) | Urban, building, and public walk adecuation, be it in closed or open areas. |
| L) | Accessibility to information technology incorporating existing technological advances. |
ArtAculoA 9Aº. -A Ministries, Municipal Intrends and other bodies involved in compliance with this law are empowered to project in each budget the necessary items to cover the costs required by the execution of the actions in his or her capacity.
ArtAculoA 10. -A dynamic process of social integration will be promoted with participation of the person with disabilities, their family and the community.
ArtAculoA 11. -A progressive equalization in the remuneration that persons with disabilities receive, beneficiaries of the Family Assigned, whether public or private, to the A work activity in which your parents, guardians or other legal representatives are performing.
ArtAculoA 12. -A collaboration of volunteer organizations and organizations of people with disabilities in the process of comprehensive rehabilitation of these and the incorporation of the organized volunteering in the multi-disciplinary action teams.
ArtAculoA 13. -A Crase the National Honorary Disability Commission, a body that will function in the jurisdiction of the Ministry of Social Development and will be integrated as follows:
| - | By the Minister of Social Development who will preside over you, or a delegate of the latter, who will have the same function. |
| - | A delegate from the Ministry of Health. |
| - | A delegate from the Ministry of Education and Culture. |
| - | A delegate from the Ministry of Labor and Social Security. |
| - | A delegate from the Faculty of Medicine. |
| - | A delegate from the Central Steering Board of the National Public Education Administration. |
| - | An Intend Congress delegate. |
| - | A delegate from the Faculty of OdontologAa. |
| - | A delegate from the Uruguay NiA and Adolescent Institute. |
| - | A delegate from the Social Default Bank. |
| - | A delegate from the State Insurance Bank. |
| - | A delegate from the Honorary Commission of the Psycho Patronate. |
| - | A delegate from the Faculty of Social Sciences. |
| - | Other delegates to Faculties or areas when required by the Honorary Commission. |
| - | A delegate from each of the second-grade associations of persons with disabilities, who have existing legal personAa or on the limit. These associations should be made up of persons with disabilities except in situations where people do not have the ability to exercise the representation of their interests, where in this case they can be integrated by direct family members or respective healer. |
This Commission will have legal status and legal domicile in Montevideo and will be renewed every five years, corresponding to the beginning and end of that period with those of the constitutional period of government. Without prejudice to this, their members will last in their duties until the new members take possession.
ArtAculoA 14. -A National Honoraria de la Disability Commission, the study, evaluation and implementation of national policy plans for promotion, development, rehabilitation biopsychosocial and social integration of the person with disabilities, to whose effect the coordination of the State's action in its various services, created or to be created, shall be sought for the purposes set out in this law.
ArtAculo 15. -A Without prejudice to the provisions of Article 14 of this Law, the National Honorary Commission of Disability shall specifically:
| A) | Study, project and advise the Executive Branch and the departmental governments all the necessary measures to make effective application of this law. |
| B) | Supporting and coordinating the activity of private non-profit entities that guide their actions in favor of people with disability. |
| c) | Stimulating the effective use of existing resources and services by means of communication, as well as to the development of the sense of social solidarity in this field. |
| D) | Sponsoring, with the support of the Ministries of Education and Culture and Public Health and the University of the Republic, the Scientific research on prevention, diagnosis and medical, psychological, psychological and social treatment of different forms of disability, according to the article 2Aº of this law. The social factors that cause or aggravate a disability will also be investigated to prevent them and to be able to schedule the actions necessary to reduce or eliminate them. The activities of research, teaching and dissemination of the Uruguayan language of the language will also be promoted. |
| E) | AdemA of your national tasks, you will take care of the situations that are presented in the department of Montevideo. |
| F) | Develop a draft regulation of this law that will elevate the Executive Branch for approval. |
The Ministry of Economic and Finance shall be required to allocate an additional annual item for the purposes of complying with the assigned tasks assigned to it.
ArtAculoA 16. -A National Honorary Disability Commission will create an Advisory Service to give:
| 1) | Information about the rights of people with disabilities and rehabilitation media. |
| 2) | Teraptic, educational, or work Orientation. |
| 3) | Information about the job market. |
| 4) | Orientation and training for parents, guardians, family members, and collaborators. |
ArtAculoA 17. -A Except for the department of Montevideo, in the other departments of the Republic of the Republic there will be a Honorary Departmental Commission of the Disability that will be integrated as follows:
| - | A delegate from the Ministry of Social Development, who will chair it. |
| - | A delegate from the Ministry of Health. |
| - | A delegate from the Ministry of Education and Culture. |
| - | A delegate from the Ministry of Labor and Social Security. |
| - | A delegate from the Central Steering Board of the National Public Education Administration. |
| - | A Municipal Intrend delegate. |
| - | A delegate from the Uruguay NiA and Adolescent Institute. |
| - | A delegate from the Social Default Bank. |
| - | A delegate from the State Insurance Bank. |
| - | A delegate from the Departmental Board of the Psycho Patronate. |
| - | A delegate of the Faculties indicated in article 13 of this law, to the extent that they have seats in where these Departmental Commissions are set up. |
| - | Two delegates from the department's disability organizations, which should be made up of people with disabilities, except in situations where people do not have the ability to exercise the representation of their interests, in whose cases they may be integrated by direct family members or their respective curator. When there are more than two associations with these characteristics, the second degree preference will be given. |
Regional Commissions and Local Subcommittees, integrated in the form they set respectively, the National Honorary Commission of Disability and the Honorary Departmental Commissions of Disability, will be created.
artAculoA 18. -A Local Regional, Departmental, and Subcommission Commissions will have the following tasks within their jurisdiction:
| 1) | Study, project and advise the Executive Branch and the departmental governments all the necessary measures to make effective application of this law; and to make effective the implementation of programs formulated by the National Honorary Disability Commission. |
| 2) | Supporting and coordinating the activity of private non-profit entities that guide their actions in favor of people with disability. |
| 3) | Stimulating the effective use of existing resources and services by means of communication, as well as to the development of the sense of social solidarity in this field. |
| 4) | Evaluate the execution of the programs mentioned in the numeral 1) of this article and make recommendations to the respect. |
| 5) | Run the other activities that are trusted by regulation. |
ArtAculoA 19. -A PodrA will constitute the good of a family in favor of a relative until the fourth degree of consanguinity or affinity with disability for all the time that it persists and whenever it does not integrate its patrimony other immovable property. The building should be the usual residence of the beneficiary.
ArtAculoA 20. -A Sustit the item 1Aº of the Decree-Law No 15,597of 19 July 1984, for the following:
| " ARTACULOA 1Aº.-Everyone capable of hiring can constitute a property of his or her own property, subject to the conditions established in this decree-law. " |
ArtAculoA 21. -A Sütse the literal C) of the 6 Aº of the Decree-Law No 15,597of 19 July 1984, for the following:
| " C) | By the surviving cönnyuge or concubino and by the divorced or separated cönnyyges in fact in favour of the children of the marriage or of the lower age or disability concubinaire, on the own property belonging to the constituent or the undivided ganancials, as provided by the literalA B) of the present Article ". |
ArtAculoA 22. -The good of the family may be left without effect by complying with the same formalities as it requires for its constitution, provided that the cause for which it was constituted has ceased.
ArtAculoA 23. -A The ex cónnyuge, the separate cónynyuge de facto and the natural father or mother of children recognized or declared such or adopter that has the possession of a person with disability or the curatelle in their case, You may ask, for the person with disabilities, the actual right of residence on the good until the incapacity persists. If the cóninyuge or any of the natural or adopter parents of the person with disabilities refuse to give the consent, it will be supplied in accordance with the provisions of the letter B) of the article 6Aº of the Decree-Law No 15,597, dated 19 July 1984.
ArtAculoA 24. -A building that is inhabited by the severe disabled, regardless of whether they are owned or their family members, whether or not they have been constituted as a family, as well as the movable property of any other person. In any event, the right of persons with severe disabilities, in accordance with the provisions of the Article 2Aº of this Law, shall not be affected by the right to benefits served by the Bank. of Social Previsiân or by any other agency of the State. In the same way, the income of the familiar household shall not be affected by any of its origin.
ArtAculoA 25. -A Facultation to the Executive Branch to create the Personal Assistant Program for People with Severe Disabilities at the Social Care Bank, requiring the intervention of the Bank of Social Concern.
ArtAculoA 26. -A Through the Program mentioned in article 25 of this law, it is necessary to the Executive Branch to grant a loan for the hiring of personal assistants to those who credit the the need to be beneficiaries of this service for the development of the basic activities of daily life. To be a personal assistant, it is essential:
| A) | Being trained to develop personal assistance tasks. |
| B) | The enabling certificate object issued by the entity or entities that determines the regulation. |
ArtAculoA 27. -A For the purposes of this law, it is understood by:
| A) | Basic activities of daily life: getting out of bed, hygiene, clothing, food, mobilization and displacement, work, study and recreation, among others. |
| B) | Personal assistants: trained people to develop the tasks of direct and personal assistance to the people mentioned in Article 25 of this Law. |
ArtAculoA 28. -A Existence of the disability referred to in this chapter will be evaluated by the Ministry of Health in accordance with the National Honorary Commission of the Disability as set out by the Ministry of Health. artAculoA 37 of this law.
ArtAculoA 29. -A For the administration of the Program created by the article 25 of this law, the Bank of Social Previsiation should:
| A) | Register the payee. |
| B) | Manage program resources. |
| C) | Make cash payment for items. |
ArtAculoA 30. -A the amount of the loan to be received, in accordance with the provisions of Article 26 of this Act, as the exercise of the corresponding comptroller for the purposes of the fulfilment of the purposes for which such benefit is statuesque, will be established by the regulation.
ArtAculoA 31. -A Crase the "National Award for Integration" with the purpose of distinguishing any person who, according to the provisions of the article 2Aº of this law, is considered as a person with disabilities and who through his personal effort, has played a leading role for the benefit of society.
Likewise, a distinction will be given to that public or private social entity that has made concrete actions for the integration or social inclusion of people with disabilities.
ArtAculoA 32. -A The prize referred to in Article 31 of this Law shall consist of the payment of a sum of money in accordance with the provisions of the regulation and a diploma of honor, which shall be handed over annually to the public at which the most national authorities will be invited. In the same act, the distinction established by the second article of article 31 of this law shall be provided.
ArtAculoA 33. -A for the purposes of the present chapter, the categories of persons with disabilities are those set forth in the article 2Aº of this law.
A maximum of three annual distinctions shall be granted within each category, of which at least one will be allocated to a child, child, or adolescent.
ArtAculoA 34. -A selection of the applicants and the award of prizes will be made by a jury. Its members shall be appointed annually by the National Honorary Commission of the Disability and its functions shall be those established in the relevant regulation.
ArtAculoA 35. -A the prevention of disability and disability is a right and a duty of every citizen and society as a whole and will form part of the State's priority obligations in the field of disability. public health, in addition, in a guiding principle of the National Integrated Health System (AartAculoA 3Aº of the Law No 18.211, ofDecember 2007). It will also be especially attended to in the area of social, occupational or industrial security.
ArtAculoA 36. -A State should implement strategies to support and contribute to the prevention of disability and disability through:
| A) | Promotion and education for physical and mental health. |
| B) | Education of the child and the adult in terms of risk and accident situations. |
| C) | Genetic counseling and research of metabolic and other diseases to prevent genetic diseases and diseases. Birth defects. |
| D) | Proper attention to pregnancy, childbirth, puerperium, and newborn. |
| E) | The correct medical attention of the individual to recover their health. |
| F) | Early detection, timely attention and mandatory reporting of people with disabling diseases, whatever your age. |
| G) | Fighting the misuse of addictive substances. |
| H) | Timely social assistance to the family. |
| I) | Environmental comptroller and environmental pollution control. |
| J) | Controller of household and industrial use products and other aggressive agents. |
| K) | Contractor of workers and work environments; study of measures to be taken in specific situations, schedules of work, licensing, special instruction of officials, equipment and facilities to prevent accidents and others. |
| L) | Promoting and developing a national security awareness in general and health in particular. |
ArtAculo 37. -A Ministry of Social Development in agreement with the National Honorary Disability Commission:
| A) | To develop from the National Disability Program (PRONADIS) coordinated actions aimed at improving quality of the life of people with disabilities. These actions will be promoted from the perspective of social inclusion and a comprehensive community-supported rehabilitation of rehabilitation. |
| B) | Creating a National System of Integral Rehabilitation in coordination with the Ministry of Health. |
| C) | Promote the creation of homes with full or partial interbirth for people with disabilities whose attention is impossible to through the family group and regulate and control its functioning in coordination with the Ministry of Health. |
| D) | In coordination with the Ministry of Health, you will supervise occupational therapy services and enabling workshops occupational and will have the ability to register and enable it. |
| E) | Coordinate with the Ministry of Health the measures that the latter should take (Article 5Aº of the href="areuelveref.aspx?Law, 18211/art5/HTM"> Law No. 18.211, of 5 December 2007) regarding the participation of the different entities that integrate the National Integrated Health System in the various aspects related to the attention of people with disability. |
All entities that integrate the National Integrated Health System (artAculoA 11 of the Law No. 18.211, of 5 December 2007) should inform, advise and guide those who need it from the various possibilities of attention when a disability is presented; in addition, they will not be able to discriminate in the affiliation or limit the assistance to the persons covered by this law.
ArtAculoA 38. -A Ministry of Health in coordination with the National Honorary Commission of the Disability of the Ministry of Social Development, through the National Board of Health created by the Ministry of Health. artAculoA 23 of Law No. 18211, of 5 December 2007, of the National Integrated Health System, will:
| A) | The certification of the existence of disability, its nature and its degree. The certification that is issued will fully justify the disability in all cases where it is necessary to invoke it. |
| B) | You will create an organization responsible for performing the only certification, which will be valid for all institutions of social benefits and be independent of them. It will be especially taken into account for the purposes of non-contributory assistance provided by the article 43 of the Act No. 16,713, dated September 3, 1995. For this purpose, the necessary administrative coordination with the various social security institutes should be carried out. |
| C) | This will be integrated by medical professionals, psychologist and social work who demonstrate suitability in the (i) Its functioning, constitution and regulation will be carried out in agreement with the National Honorary Commission of the Disability, the Ministry of Health and the Bank of Social Previsión within one hundred and eighty days of the promulgation of this law. |
| D) | The only thing that will be created based on the literalA B) of the present article, will have the classification present International Health Organization (OMS-CIF), for the establishment of national scales and instruments of value for the expedition of certification. |
| E) | Extend and rearrange the Record created by the Law No. 13,711, of 29 November 1968, declaring the registration of any person with a diagnosis of disability to the mandatory effect. The Registry shall provide to the public services, the information necessary for the best execution of the tasks of this law, ensuring the privacy of the information and sanctioning the defaults. |
ArtAculoA 39. -A Ministry of Education and Culture in coordination with the National Public Education Administration should facilitate and supply the person with disabilities, permanently and without LAmités. of age, in educational, physical, recreational, cultural and social matters, the scientific, technical or pedagic elements or means necessary for him to develop his intellectual, artistic, sporting and social faculties.
ArtAculo 40. -A equalization of opportunities for people with disabilities, from initial education onwards, determines that their integration into the common classrooms will be organized on the basis of recognition of diversity as an educational factor, so that it points to the goal of an education for all, enabling and deepening the process of full inclusion in the community.
Access to education will be guaranteed at all levels of the national education system with the necessary support.
To ensure this inclusion, we will ensure the curricular flexibility, evaluation mechanisms and physical and communication accessibility.
ArtAculoA 41. -A people with disabilities have the right to education, reeducation, and professional training oriented toward job inclusion.
ArtAculoA 42. -A people who are prevented from starting or completing the mandatory schooling phase will be given a training that will enable them to obtain an appropriate occupation. to their interests, vocations and possibilities.
For these purposes, the Ministry of Education and Culture, in coordination with the National Administration of Public Education, will establish, in the appropriate cases, the orientation and location of the Occupational Enabling Workshops, attended by specialized teachers and equipped with appropriate technology to all educational modalities.
ArtAculoA 43. -A disabled person who has approved the mandatory instruction phase will be provided with the possibility of continuing their studies.
In existing buildings that constitute educational institutions, the relevant reforms that enable their adaptation will be made, according to what is stated in Chapter IX of this Law. In the new buildings of buildings which are designed to accommodate educational institutions, the requirements set out in the aforementioned chapter will be mandatory. They will also have the necessary technological tools to enable everyone with disabilities to carry out their educational training.
ArtAculoA 44. -A Ministry of Education and Culture in coordination with the National Administration of Public Education, the University of the Republic, tertiary and university educational institutions private, in all programs and levels of professional training, including tertiary and university education courses, will promote inclusion in the subjects of regular courses, information, training and study of the disability in relation to the subject in question and the importance of the enablement and rehabilitation, as well as the need for the provision.
ArtAculoA 45. -A awareness and education of the community about the meaning and proper conduct of different disabilities will be promoted, such as the need to prevent disability, through the different institutions or any organized human grouping.
ArtAculoA 46. -A recreation, educational, sports, social or cultural centers will not be able to discriminate and should facilitate access and use of facilities and services to people. covered by this law.
ArtAculoA 47. -A persons who are qualified as those with disabilities in accordance with the article 2Aº of this law shall be exempt from payment of any right of admission in all concerts, exhibitions, theatrical works, exhibitions, sports activities and any other activities performed by public bodies.
You will also be exonerated to a child when the assistance is necessary.
The conditions for generating the aforementioned right of admission will be established in the regulation. Municipal Intrends will seek to do the same in their respective jurisdictions.
ArtAculoA 48. -Guidance and work and professional rehabilitation should be dispensed in all persons with disabilities according to their vocation, possibilities and needs, and will be provided to them. the exercise of a remunerated activity.
The regulation will determine the requirements to access the different levels of training.
ArtAculoA 49. -A State, Departmental Governments, Autonomous Authorities, Decentralized Services, and non-state public law persons are required to occupy persons with disabilities who have a minimum of 4% (4%) of their vacancies for the office at a minimum of 4% (4%) of their vacancies. Persons with disabilities who enter in this way will enjoy the same obligations as the employment law applicable to all public officials, without prejudice to the application of differentiated rules when this is necessary. strictly required.
The obligation referred to refers to at least the number of charges and functions contracted, without prejudice to the amount of the budgetary credit corresponding to the same if it is beneficial for the persons covered by the contract. by this law.
In the first case, the 4% (4%) of the vacancies to be filled by persons with disabilities will be determined on the total sum of those that occur in the different implementing units, repartitions and scales that integrate each of the bodies referred to in the first paragraph of this Article. Where by application of that percentage a figure is lower than the unit, but equal to or greater than half of the unit, the figure shall be rounded to the top quantity.
The Court of Auditors, the General Secretariat of the National Agency and the Office of Planning and Budget, within its powers, should submit to the National Office of the Civil Service, the information resulting from its records concerning the the number of vacancies occurring in the bodies and entities required by the first paragraph of this Article.
The National Office of the Civil Service will request four-monthly reports from the bodies and agencies, including non-state public law persons-who should provide them-on the number of vacancies to be filled. have been generated and provided in the year. These agencies should also indicate the number of persons with disabilities who are admitted, with the need for the disability they have and the position occupied. The National Office of the Civil Service, in the first ninety days of each year, will communicate to the General Assembly of the Legislative Branch the result of the reports obtained, both from the obligated and the Court of Auditors, the ContadurAa General of the National Agency and the Office of Planning and Budget, expressing the total vacancies of each of the obligated, the number of persons with disabilities incorporated in each organism, with precision of the disability they present and the (a) the term of office of the Member of the European Union (artAculoA 768 from Law No 16,736, ofJanuary 1996). Persons with disabilities-in accordance with the terms of the article 2Aº of this law-who wish to benefit from the benefits of this law, must register with the Register of Persons with Disabilities that works in The National Honorary Commission of the Disability (artAculoA 768 of the Law No 16,736, dated 5 January 1996).
In coordination with the Ministry of Health, the Ministry of Social Development will have to certify the disability. The evaluation will be carried out with a Court composed of at least one medical, a psycho-logo and a social worker, which will have a proven specialization. In this opinion, the person's disability must be specified, with the express indication of the tasks that he/she can perform, as well as those that he/she cannot carry out. Such certification will express if the disability is permanent and the term of validity of the certificate. The expiration of the same should be a new evaluation. For the purpose of certifying the Ministry of Social Development in coordination with the Ministry of Health, it may require, from the medical institutions and institutions of the people with disabilities-who will be obliged to provide them-the reports, exA, and the Clanic stories of them. The intervening professionals, both in the issue of the certificate, and the treatment of people with disabilities, will act under their most serious responsibility. In the event that the reported information does not conform to the reality, it shall be responsible for civil, criminal and administrative matters, as appropriate.
ArtAculoA 50. -A In case of a deletion of a vacancy in the State, in the autonomous entities, in the decentralized services and in the departmental governments, the 4% (four percent) of the credit will be transferred a single item of expenditure with exclusive destination to rehabilitate charges or functions contracted to be provided with persons with disabilities.
The hierarchy of the IncisA or the agency or entity must be held in front of the Executive Branch-prior to the favorable report of the National Office of the Civil Service and the General Secretariat of the Nation-the rehabilitation of the posts or functions Contracted to which refers to the first article of the present article, and the transfer of the respective credits existing in the object of the expenditure at the program level and the implementing unit.
The General Secretariat of the Nation in coordination with the National Office of the Civil Service, will ensure compliance with this obligation, not being able to delay more than one hundred and eighty days the process of rehabilitation of this kind of charges or contracted functions. The time limit shall be counted from the position of the vacancy.
The provisions of the above will be applicable, as appropriate, to non-state public persons.
ArtAculoA 51. -A For the purposes of complying with the obligation contained in items 49 and 50 of this law, it is established that:
| A) | All situations arising under any circumstances that determine the definitive cessation of the Functional vAnculo. This device does not include those from the artAculosA 32, 723, 724 and 727 of Law No 16,736, of 5 January 1996, and those originating in the Military, Military, Police, G and J, of the Military, "J" and "M" Foreign Service. |
| B) | The breach in the vacancy provision, in accordance with the provisions of the first paragraph of Article 49 of the This law shall be the responsibility of the leaders of the respective bodies, and may be removed from the office and cease to be responsible for the cause of omission, in accordance with the procedures laid down in the href="areuelveref.aspx?CONSTITUTION, 401//2004/HTM/" title="Constitution in force on this document, " Constitution of the Republic,in the laws and regulations. This provision shall be applicable to those representing the State in the management bodies of non-state public law persons. |
| C) | The Director of the National Office of the Civil Service shall be responsible for the failure to comply with the contralors committed to that Office, being able to reach the dismissal and cease of the same by the cause of omission according to the procedures established in the , in the laws and regulations. |
| D) | The National Office of the Civil Service should develop a draft regulation of this law within sixty years. From its promulgation that will raise the Executive Branch, who will have a deadline of thirty days for its approval. In the regulation, the way in which the agencies should cover the vacancies, the suitability requirements for the performance of the charges and the penalty for the offenders of the same, establishing that the omission in the compliance with the law shall be liable for dismissal or dismissal. |
| E) | The Legislative Branch, the Judiciary, the Court of Auditors, the Electoral Court, the Administrative Court of Justice, Departmental governments, self-governing bodies, decentralised services and non-state public law persons shall issue their regulations for the purposes of the application of this law, within a maximum period of 60 days, counted from dAa following the approval of the dictation by the Power Executive, having to send them, once approved, to the National Office of the Civil Service for their knowledge. |
| F) | At the time of filling the vacancies referred to in the literature, you should clearly specify the description and the The necessary profiles of the charges to be covered, and in any case, must send this information to the National Commission of the Disability. A%sta will study the information and within a maximum period of sixty days will be able to advise and advise the agency the appropriate measures in all those aspects that are considered regarding the information that are sent and propose the adjustments that you consider necessary to carry out the tests in case of selection by contest. The body should attend to each call, the recommendations made by the National Honorary Commission for Disability. |
| G) | The obligated body, in coordination with the National Honorary Disability Commission, should give the call the most wide variety possible. |
| H) | A device should be created in each public body to ensure the proper placement of the disabled person in the job, contemplating the adaptations necessary for the proper performance of the functions, as well as the elimination of the physical barriers and the social environment that may be the cause of discriminatory attitudes. |
| I) | The National Office of the Civil Service should provide the instructions and the directives for effective compliance with the Article. |
ArtAculoA 52. -A In case a person finds himself performing tasks of a public official with permanent cter, in dependency and whose initial vAnculo with the State, with the Departmental Governments, with the authorities or with the decentralised services, has been distorted in some of its essential elements and acquired a disability certified in accordance with the provisions of Article 49 of the present Regulation. law, the administration is obliged to its budget whenever the Degree of disability permits.
For such purposes, we should seek the adaptation of the workplace in which the person's disability is performed or in the event of an established impossibility, redistributing it to another function that can develop its suitability.
The provisions of the second paragraph of this article are applicable in the event that the person who acquired the disability was a person who already had a contract of public service.
The person who will be in this situation maintains the option of not benefiting from this benefit, opting in the cases enabled by other rules for the incentive withdrawals or in case of setting up causal, for the corresponding retirement.
ArtAculoA 53. -A The subjects listed in Article 49 of this Act should prioritize, on an equal basis, the acquisition of inputs and provisions of companies that employ persons with disability, situation that should be strongly accredited, according to what is established by the regulation.
ArtAculoA 54. -A Always that the use of goods of the public or private domain of the State or of the Departmental Governments for the exploitation of small enterprises or commercial enterprises is granted and granted Priority shall be given to persons with disabilities who are in a position to perform in such activities in the form and with the requirements to be determined.
No grant or permission granted if it is verified that the priority set out in the first paragraph of this article has not been observed.
ArtAculoA 55. -If the total or partial privatization of the State or the outsourcing of services provided by them is available, in the specifications, rules will be established that ensure the preferences and benefits provided for by this law.
ArtAculoA 56. -A Facultation to the Ministry of Labor and Social Security, so that in coordination with the Ministry of Economic and Finance, propose within a maximum period of one hundred and eighty days of the This law provides incentives and benefits for state and private sector entities that employ persons with disabilities, as workers, and for whom they contract production derived from Protected Production Workshops.
ArtAculoA 57. -A Ministry of Industry, Energaa and MinerAa, through the National Directorate of Craft and Small and Medium Enterprises (DINAPYME), in coordination with the National Honorary Commission of the Disability of the Ministry of Social Development, should carry out within one hundred and eighty days of the entry into force of this law, an inventory of:
| 1) | Places available for the purposes of article 54 of this law. |
| 2) | Adjudicators of same. |
| 3) | Aspirants to use them. |
This information should be updated monthly.
You will also have courses in your position to provide those who develop the necessary knowledge to those who develop small ones.
ArtAculoA 58. -A Corresponds to the Ministry of Labor and Social Security, among others, the following tasks:
| A) | Comptroller of workers and work environments and study of measures to be taken in specific situations, schedules of work, licensing, special instruction of officials, equipment and facilities to prevent accidents and others. |
| B) | Reglamenting and inspecting the operation of the Protected Production Workshops. |
ArtAculoA 59. -A persons whose disability has been certified by the competent authorities, shall be entitled to the benefits of selective employment that the regulation shall regulate, and may among other measures:
| A) | Set the reservation with absolute preference for certain jobs. |
| B) | Seal the conditions of readability by the companies of your own workers once you have finished your readout or professional rehabilitation, seeking incorporation into a job that can be performed. |
ArtAculoA 60. -A regulation will establish the means necessary to complete the protection to dispense disabled people in the process of rehabilitation. This protection will understand:
| A) | Media and attention to facilitate or safeguard the performance of your task, as well as the conditioning of the work they occupy to preserve the right to work. |
| B) | Promotion or direct contribution measures for the Protected Production Workshops organization. |
| C) | Craven for the establishment as a freelancer. |
ArtAculoA 61. -A All worker or any worker who has or adopts a child or child with the SAndrome of Down, brain lysis or other sensory disabilities, physical or severe intellectual and while You must be entitled to apply for an extraordinary licence without pay for a period of six months, in addition to the maternity or paternity leave.
The communication to the employer of that circumstance should be made within ten days of the verification of the birth or adoption and shall be accompanied by a medical certificate attesting to the configuration of the cause.
ArtAculoA 62. -A In the event that the parent or the parent cannot have the child or the child under their care, the license set forth in article 61 of this law may be requested by the person who is in charge of you.
ArtAculoA 63. -A part-time employment, according to the capacity of each individual, for those with disabilities who are unable to occupy a job, is in the public and private activity. full time.
ArtAculoA 64. -A Facultation to the Executive Branch to exonerate the payment of the employer contributions of the pension cter corresponding to the persons with disabilities that are contracted by companies industrial, agricultural, commercial or service, without prejudice to the provisions of Article 56 of this Law.
It will be taken into account not only persons with disabilities who provide services directly at the employer's premises but also those who perform work at home, provided that they are dependent on the employer. company object of the exoneration.
ArtAculoA 65. -A Employers participating in the scheme set out in Article 64 of this Act shall be entered in advance in the National Register of Employers of Persons with Disability, which will be in charge of the National Employment Directorate of the Ministry of Labour and Social Security.
The regulation will set the shape and conditions of that record.
ArtAculo 66. -A State-funded social or labor programs, should grant access to persons with disabilities in a percentage that is no less than that provided by the artAculoA 49 of this law.
ArtAculoA 67. -A institutions that govern spaces and buildings of public, as well as other agencies that can provide technical expertise in the field, will be in coordination. to formulate a body of regulations that allows to incorporate elements and provisions that are useful for the self-involvement of the person with disabilities.
ArtAculoA 68. -A construction, expansion, and reformation of public or private property buildings intended for use involving public service, such as planning and urban planning, parks and gardens of equal characteristics, will be carried out in such a way that all people can access, enter, use and graduate, especially in emergency situations, in conditions of safety, equity, comfort and with the largest possible autonomy.
ArtAculoA 69. -A Municipal Trends should include rules on the subject and in their respective Regulatory Plans or Urban Development, the necessary provisions to adapt the VAas public, parks, gardens and buildings, in accordance with the technical standards established by the Uruguayan Institute of Technical Standards (UNIT).
ArtAculo 70. -A public bodies linked to the construction or whose technical offices develop architectural projects, should also comply with the technical standards of the UNIT accessibility.
ArtAculoA 71. -A In all the tender documents for the construction of public buildings by state agencies, departmental governments, and non-state public people, (a) to provide for a user who establishes the obligation to apply the technical standards referred to in this law.
Failure to comply with this rule will bring the nullity of them.
ArtAculoA 72. -A existing facilities, buildings, streets, parks and gardens, whose useful life is considerable, will be gradually adapted according to the order of priorities that Regulation is determined.
ArtAculoA 73. -A public entities will enable in their budgets the allocations needed for financing those adaptations to the properties that depend on them.
ArtAculoA 74. -A In all collective housing projects, a minimum of accessible units will be programmed; likewise, the overall set must be adequate to facilitate the access and use of the common places.
ArtAculoA 75. -A The State will grant to the institution that corresponds to, we provide for refactoring and conditioning according to the accessibility rules UNIT the dwelling in which it lives or goes to live the person with disabilities.
ArtAculoA 76. -A In compliance with Articles 68 and 69 of this law, establish as a priority the provision of fAsiatic barriers in order to achieve accessibility for people with disability, through the application of the ITU technical standards on accessibility in:
| A) | The urban architectural and transport systems that are created, in the existing ones, or in which they are remodeled or replaced in whole or in part its constituent elements. |
| B) | Public and private use buildings with public concurrency. |
| C) | The areas without access to the general public or those for industrial and commercial buildings. |
| D) | Individual dwellings. |
| E) | Collective housing. |
ArtAculoA 77. -A For the purposes of this law, read by:
| A) | Accessibility for people with disabilities: condition that meets a space, object, instrument, system, or medium for be usable by all people safely and in the most authentic and comfortable way possible. |
| B) | Urban fAsiatic barriers: Obstacles existing in vAas and public spaces that prevent or hinder displacement and the using the urbanization elements. |
| C) | architectural architectural barriers: those obstacles to physical ties that prevent people with disabilities from reaching, accessing, move or make use of building facilities. |
| D) | Adaptability: Implies the ability to modify in time the fAsic means in order to do it completely and easily accessible to people with disabilities. |
| E) | Practices: Implies the effective adaptation to mAnimus requirements of the typical use by people with disability. |
| F) | Visitability: strictly refers to the entry and use of common spaces and services by people with disability. |
ArtAculoA 78. -A For the purposes of the application of article 76 of this law, compliance with the provisions of the UNIT Technical Standards on corresponding accessibility should be complied with, taking into account In addition, what is specified in the continuation and all that which is not expressly referred to is appropriate. In the words described in the literature A) of the article 76 referred to:
| 1) | Pedestrian itineraries: you will see a width of mAnima in your entire path that allows the passage of users in a chair wheels. The floors shall be non-slip-free, with no openings or openings for the tripping of wheelchair users. The delevels of all kinds will have a design, degree and inclination that will allow the transition, use and safety of people with disabilities. |
| 2) | Escalations and ramps: the stairs should facilitate their use by people with disabilities, they will be equipped with Pasamanos. The ramps will tend to be marked for the levels in the numeral (1) above. |
| 3) | Parks, gardens, squares and free spaces: you should observe in your pedestrian itineraries the provisions laid down for the same in the numeral (1) above. The public baits should be accessible and usable by people with disabilities. |
| 4) | Parking lots: in the public area, there will be accessible and reserved places, close to the pedestrian access, for vehicles transporting people with disabilities. |
| 5) | SeA ± als, equipment and urban elements: must be accessible and available in a way that does not constitute an obstacle, in special, for blind or low-vision people and for people who are travelling in a wheelchair. |
| 6) | Works in the public sector: they will be completed, protected, and should allow the existence of the obstacle to be detected in time. In the works that reduce the transverse section of the sidewalk, a pedestrian alternative itinerary with the characteristics of the number 1) shall be constructed. |
Regarding the buildings described in the literature A (B) of Article 76 of this Law:
| 1) | You should look at accessibility and the possibility of using it in all parts by people with disabilities. |
| 2) | When you have parking lots, you will need to reserve accessible places close to pedestrian access. |
| 3) | You should have horizontal circulation and vertical communication spaces that allow for the displacement and maneuver of those people. |
| 4) | You should have reserved areas that are up to and adapted for the purpose of being used by people who move in wheelchair. |
| 5) | You should have in-place services tailored to the needs of those people. |
For the purposes of the areas described in article A (C) 76 of this law, the degree of adaptability to persons with disabilities should be concretened.
With respect to the dwellings described in the literalA (D) of this law, 76 of this law shall be observed, where appropriate, the provisions of this law and its regulations concerning design, execution and remodeling.
With regard to the housing described in the literature (E) of article 76 of this law, it should be possible to develop conditions of adaptability and practicability in the grades and deadlines established by the regulation for the groups already The provisions of this law are respected for the new provisions of this law.
ArtAculoA 79. -A priorities, requirements, and deadlines for the adjustments laid down in Articles 76 and 78 of this Law, relating to urban barriers and buildings of public use shall be determined by the regulation based on the realization of accessibility plans, but its total execution shall not exceed a period of eight years from the date of entry into force of this law.
The Ministry of Housing, Territorial Planning and the Environment in agreement with the departmental governments, will set the order of priority for the development of the relevant works.
In any new work, the approval of the projects will require the inclusion in the same of the provisions laid down in this law, their regulation and the respective municipal provisions in the matter.
In any work of remodeling of dwelling buildings, it is urged when it is possible to make appropriate adjustments in accordance with the provisions laid down in this Chapter.
ArtAculoA 80. -A disabled people who use specially trained animals for their movement can enter and remain accompanied by them, in all places open to the public without any restriction, being the obligation of the owners or managers of the mentioned places, to provide the means for the effective fulfillment of this norm.
ArtAculo 81. -A The effects of the present are adopted as the accessibility sAmbolo the one provided by the UNIT 906 standard.
ArtAculoA 82. -They constitute barriers in the transports, for the purposes of this law, those existing in the access and use of the means of transport of land, land and water Short, medium and long distance and aquaves that make it difficult to use the means of transport for people with disabilities, to whom the following criteria will be used:
| A) | Public transport links: to enable the rise and fall of people with disabilities, with reduced mobility and Wheelchair users shall have seats reserved for each car for persons with disabilities and shall be reserved for each car for persons with disabilities. The cars will have an anti-slip floor, wheelchair lifts in the vehicle access, and space for the location of batons, crutches, wheelchair and other elements of use by such persons. In the area of transport and maritime transport, priority should be given to the allocation of locations to access for passengers with disabilities. |
| B) | Transport stations: you will see a pedestrian itinerary with the characteristics seen in the numeral 1) of the first of the article 78 of the present law in all its extension; edges of recognizable and anti-slip texture platforms; alternative floor or molinetes; system of announcements by speakers and adapted sanitary services. At airports, there will be a provision for a mechanism for the promotion and descent of passengers with disabilities in the event that there are no alternative methods. |
| C) | Own transport: people with disabilities will have the right to free traffic and parking according to what establish the respective municipal provisions. These vehicles will be recognized by the identification mark-the "accessibility"-provided in the article 81 of this law. |
ArtAculoA 83. -A All national passenger land transport companies are required to transport persons with disabilities free of charge under the conditions governing the carriage of passengers. Regulation.
ArtAculoA 84. -A parking franchises will be granted to the vehicles of properly identified persons with disabilities.
ArtAculo 85. -A terrestrial collective transport companies should give sufficient, readable and understandable publicity to the frequencies of the units accessible to persons with disabilities and a Telephone consultation service for this information.
The information about this service should be displayed in the units, terminals and main stops of the journeys of the terrestrial collective transport companies.
All tourist information offices, which are dependent on the Ministry of Tourism and Sport or Municipal Intrends, should have the information on the frequencies and a reference telephone number.
ArtAculoA 86. -A the adjustments established in the public transport by the literalA) of article 82 of this law, should be taken into account in particular by the Ministry of Transport and Public works at the time of authorizing the renewal of the fleet of the companies of collective transport of passengers.
Without prejudice to the above, within a maximum period of five years, there should be transport units with these characteristics in each department of the country and each collective transport undertaking should have at least one unit accessible by Travel line.
The rest of the adjustments established by the literalA B) of article 82 of this law must be executed within a maximum of eight years.
ArtAculo 87. -A Incorpase to the arculoA 365 of the Criminal Code the following numeral:
| " 17. | The one to take care of places reserved for people with disabilities in parking lots vehicles without having the condition of such. " |
ArtAculoA 88. -A Facultation to the Executive Branch under the conditions that it rules, to grant to persons with disabilities who do not have sufficient income or to the institutions entrusted with their (a) the exemption from the payment of all the tariff duties and other taxes on imports of the following technical aids, provided that they do not occur in the country:
| 1) | Hearing, visual, and physical theses. |
| 2) | Orthesis. |
| 3) | Teams, drugs, and elements needed for therapy and rehabilitation of people with disabilities. |
| 4) | Work equipment, machinery and work specially designed or adapted to be used by people with disabilities. |
| 5) | Elements of mobility, care and personal hygiene needed to facilitate the autonomy and safety of people with disability. |
| 6) | Special items to facilitate communication, information, and the number of people with disabilities. |
| 7) | Special pedagological equipment and material for education, training, and recreation of people with disabilities. |
All the elements necessary for the treatment of disability or disability are considered as technical aids, in order to achieve their recovery or rehabilitation or to prevent their progression or deriving from another disability. In addition, technical aids are considered to compensate for one or more functional, motor, sensory or cognitive limitations of the person with disabilities, with the purpose of allowing him to save the barriers of communication and mobility, and to enable full integration under normal conditions.
ArtAculoA 89. -A disability suffered by persons applying for the benefits provided for in Article 88 of this Act should be credited in accordance with the provisions of the href= "#art28"> artAculoA 28 and in the literalA) of artAculoA 37 of this law, without whose compliance their import will not be authorized.
ArtAculoA 90. -A For the purposes of accessing the benefits set forth in this chapter, persons with disabilities receiving the technical assistance should be registered in the National Register of Disability.
ArtAculoA 91. -A are included in the Law No. 13.102, of October 18, 1962, persons with intellectual disabilities.
ArtAculoA 92. -A the effects of this law will be understood by second-degree associations that are integrated by more than two non-profit civil associations, with delegates elected by the " Second-degree associations may be confederations, federations, plenary or any other associative form that exists and contemplates the above.
ArtAculoA 93. -A Derogbe the Laws NAºA 16,095, dated 26 October 1989; NAºA 16,169, dated 24 December 1990; NAºA 16,592, dated 13 October 1994; NAºA 17.216, dated 24 September 1999; NAºA 18.094, dated January 9, 2007; Decree NAºA 431/999 of 22 December 1999, and the literalA D of the article 1Aº of the Law No 16127, dated 7 August 1990; the artAculosA 9Aº and 546, of Law No 17296, ofFebruary 2001, and Article 2Aº of the Law No 17.378, ofJuly 2001.
ArtAculoA 94. -A, the following adjustments are made to the current regulations:
| A) | The reference made by artAculoA 12 of Law No 16226of 29 October 1991 and by ArculoA 768 of the Law No 16,736, of 5 January 1996, to ArcuculoA 42 of the Act No. 16,095, dated October 26, 1989, is to be understood as being made to the article 49 of this law. |
| B) | The reference made by the article 3Aº of Decree No 442/991 of 22 August 1991 to the Act No. 16,095, dated October 26, 1989, must be understood to be made to this law. |
| C) | The reference made by the Article 2Aº of Decree No 564/005 of 26 December 2005 to Article 9Aº of the href="areuelveref.aspx?LAW, 17296/art9/HTM"> Law No 17.296, dated 21 February 2001, is to be understood as being made to the of this law. |
| D) | The reference made by the items 8Aº, 9Aº, 10, 16 and 17 of Decree No 205/007 of 11 June 2007 to the href="areuelveref.aspx?ACT, 16095//HTM"> Law No 16,095, of 26 October 1989, and the Law No. 18,094, dated January 9, 2007, is to be understood to be made to this law. |
A A A A A A Sala de la Asamblea General, in Montevideo, on 9 February 2010.
Cúmplase, acorsese recibo, comunAquese, publáquese e insáltese en el Registro Nacional de Leitos y Decretos, la Ley por la que setian rales sobre la protección integrada a las personas con disiones.
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 Montevideo, Uruguay. Legislative Power. |
