Legal Framework Example

You might also like

Download as docx, pdf, or txt
Download as docx, pdf, or txt
You are on page 1of 25

The Plan presented below fulfills the commitment established in Law 812 of 2003, by which the

National Development Plan is approved.

“Towards a Community State”, where it is stated that: “To address the situation of Disability in the
country, the National Intervention Plan will be developed

in Disability, within the framework of Public Policy, in order to guarantee intersectoral programs
and strategies that prevent situations

of disability. It will promote respect and recognition of the differences that arise from the disability
condition, as well as provide the

conditions to achieve greater autonomy and participation of people with disabilities in everyday
spaces and civic life, with participation,

commitment and solidarity of the family, the community and the State.”

The Plan constitutes a strategic management instrument for government agencies at the national
level. With its development it contributes

to the implementation of the National Policy for the Social Integration of People with Disabilities
contained in document CONPES 80 of 20041.

The document aims to facilitate the coordination and execution of sectoral commitments on the
matter, through the identification and agreement

of sectoral, intersectoral and interinstitutional work. This articulation seeks the consolidation of
social and institutional support networks

to disability at the territorial level, promoting the development of a culture of coexistence and
respect for fundamental rights.

It should be noted that to consolidate public disability policy, it is necessary to strengthen the
collective construction process in which

representatives of the public sector, the private sector and organized civil society actively
participate at the national level, and similarly in the

territories, through the creation of Territorial Action Plans designed through the territorial
Technical Committees.

YO. AIM
Prevent the incidence of disability and improve the quality of life of people with disabilities, their
families and their effective access to goods

and social services through the coordination and articulation of government actions that are
implemented from each sector and law enforcement entities

National committed to the issue.

II. LEGAL FRAMEWORK

1. International Context

A broad and comprehensive Convention is currently in the process of being drafted to promote
respect and protection of the human rights of women.

persons with disabilities before the United Nations in New York City. After six meetings of the
member countries of this international Organization,

There is a single draft text, which includes the different positions of the member countries. From
this document made up of a preamble

and 26 articles, all countries are negotiating and unifying their positions to move towards the
validation of an international instrument

that defines the basic obligations of States to guarantee the effective exercise of human rights by
people with disabilities.

This process of international mobilization arose after the approval of the World Program of Action
in 1982, by the General Assembly of the Nations.

United. The study and actions related to the rights of people with disabilities have gained growing
interest on the international agenda.

In this Program, the UN focused its objectives on the search for full participation and equality of
people with disabilities.

Unlike previous approaches that considered people with disabilities as “vulnerable” people and
disability as a problem that

health care, rehabilitation and social welfare services had to be addressed, the Program lays the
foundations for a disability perspective
in the context of development, which considers these people as agents and beneficiaries of the
development of the societies in which they live. In that framework,

actions related to the promotion of accessibility, the physical environment, the information and
communications environment and the

institutional structures, in order to promote equal opportunities for all, understood as improving
accessibility to the system

of society, especially by promoting the full participation of people with disabilities in decision-
making processes.

In this framework, and after the Third World Conference against Racism, which emphasized the
need to adopt measures in favor of this important sector,

The United Nations Organization, UN, decided to establish a Special Committee to formulate a
broad and comprehensive Convention to promote and protect

the rights and dignity of people with disabilities, through resolutions 56/168 promoted by the
Government of Mexico, which had the support

of Colombia, among other countries, and resolution 2003/49 on "Human Rights of Persons with
Disabilities" which was co-sponsored by 55

delegations and which was adopted on April 23, 2003.

2. National legal framework

In Colombia, prior to the 1991 Political Constitution, some provisions had been made regarding
disability2; however from

Since the issuance of the Magna Carta, a legal framework has been consolidated that determines
the rights of the population with disabilities, and at the same time

time the obligations of the State and society towards them.

In the Political Constitution of 1991, there are a series of articles that expressly mention
protection, care, support and social integration.

of people with disabilities such as the following:

Article 13: “...The State will especially protect people who, due to their economic, physical or
mental condition, are in circumstances of weakness.”
manifests and will punish the abuses or mistreatment committed against them.”

Article 47: “The State will advance a policy of provision, rehabilitation and social integration for the
physically, sensorially and mentally handicapped.

to whom the specialized attention they require will be provided.”

Article 54: “The State must...guarantee the disabled the right to a job in accordance with their
health conditions.”

Article 68: “...The eradication of illiteracy and the education of people with physical or mental
limitations...are special obligations of the State.”

The Magna Carta defines a series of fundamental, social, economic and cultural rights, in addition
to those already mentioned, which are universal in nature.

and therefore they cover those who have some type of limitation or disability. Article 25 mentions
work as a right and social obligation,

that it must be given under dignified and fair conditions; Articles 48 and 49, which prescribe that
social security is a public, mandatory service

and at the same time an inalienable right of all inhabitants, in addition “All people are guaranteed
access to the services of promotion, protection

and recovery of health..."; Article 52 establishes the right of all people to recreation and sports;
Article 67 determines that education

It is a right of the person; and Article 70 relates to everyone's access to culture.

In development of the Constitutional Mandate, Law 361 of 1997 “By which mechanisms for the
social integration of people with limitations are established.

and other provisions are issued.”

This Law, which has been recognized as an important advance in terms of defining a framework for
the management of disability, specifies various aspects

in relation to the fundamental rights of people with limitations and establishes obligations and
responsibilities of the State at its different levels
so that people who find themselves in this situation can achieve “…their complete personal
fulfillment and total social integration…”; it's like that

how it deals with issues such as prevention, education, rehabilitation, labor integration, social
well-being, accessibility; also through

of this norm, the “National Advisory Committee for People with Limitations” is established as
“...institutional advisor for the follow-up

and verification of the implementation of the policies, strategies and programs that guarantee the
social integration of the limited...”, and the formation of

of Sectoral Liaison Groups (Art.6º).

Law 361 of 1997, especially in its Article 6, is currently regulated by Decree 276 of 2000, which
establishes the conformation, defines

the functions and indicates the operation of the National Advisory Committee for Persons with
Limitations, establishes the functions of the Technical Secretary, defines

the coordination of the National Advisory Committee in the Presidential Council for Social Policy
and regulates the formation and functions of the Groups

of Sector Liaison.

Likewise, Law 762 of July 31, 2002, by which the Inter-American Convention for the Elimination of
all forms of Discrimination is approved

against Persons with Disabilities, specifically establishes the prohibition of any form of
discrimination or exclusion of persons with disabilities.

disability.

At the sectoral level, other standards have been applied, which as a whole are universal in nature
and therefore cover the entire population. But, also in

This legality includes a series of specific regulatory precepts for the case of disability:

In health, employment and social protection:

By Decree 205 of 2003, the Ministries of Health and Labor are merged into the Ministry of Social
Protection, to which competence is attributed,
specifies “Propose and promote the execution of vocational rehabilitation and employment
generation policies for people with disabilities, in coordination

with the other General Directorates of the Ministry,3 that is, with the Directorates of Public
Health, Professional Risks, and Employment, among others.

In terms of health, Law 100 of 1993 creates the “Comprehensive Social Security System”, “...whose
objective is to guarantee the inalienable rights of the

person and the community to obtain the quality of life in accordance with human dignity, through
the protection of contingencies that affect it” (Art.1).

It contemplates specific provisions in relation to disability and disability, regarding the “General
Pension System” (Arts. 38 and 39),

“General System of Social Security in Health” and “General System of Professional Risks” (Arts. 249
to 253 and 257). In the case of the Health System,

provides that the entire population will be covered in matters related to health promotion, disease
prevention, and care and recovery;

It also points out that people with disabilities without the ability to pay will be beneficiaries of the
Subsidized Regime (Art. 157), and that in the case of the Regime

Contributory family coverage includes people with permanent disabilities who have reached the
age of majority (Art.163).

Within this framework, other regulations have been developed for the health sector, Decrees:
2226 of 1996 and 1152/99 that assign the Ministry of Health the

function related to the direction, orientation, monitoring and execution of plans and programs
that, in the field of health, are related to the third

old, indigent, handicapped and disabled. Resolutions: 5261 of 1994 that adopts the manual of
activities, interventions and procedures of the

Mandatory Health Plan in the Social Security Health System, which includes rehabilitation activities
and procedures; the resolution

4288 of 1996 defines the Basic Care Plan that contains health promotion and disease prevention
actions for the entire population, the

3165 of 1996, adopts health care guidelines for people with deficiencies, disabilities and
handicaps; 3374 of 2000 that regulates

the information system of the Ministry of Health; 238 of 1999 “By which the technical, scientific
and administrative standards that contain
“the essential requirements for the provision of health services…” including services related to
psychiatry, physical medicine and

rehabilitation, occupational, physical and language therapy, etc.; 1896 of 2001 adopts the Single
Classification of Health Procedures, including

procedures related to functional performance and rehabilitation; Resolution 412 of 2000 and 3384
of 2000 establish the activities,

procedures and interventions of induced demand and mandatory compliance, adopt technical
standards and care guides for detection events

early, specific protection and diseases of public health interest.

The National Council of Social Security in Health has issued the Agreements: 72 of 1997 “By which
the Benefit Plan of the Subsidized Regime is defined”;

74 of 1997, which adds to the Benefit Plan of the Subsidized Regime the necessary attention for
the Functional Rehabilitation of people with disabilities,

disability or handicap; 77 of 1997, which defines the form and conditions of operation of the
Subsidized Regime, including prioritization for affiliation

to the population with physical, psychological or sensory limitations; 117 of 1998 “By which the
mandatory compliance of the activities is established,

“induced demand procedures and interventions and the care of diseases of public health interest.”

In relation to financing in the health sector, Law 643 of 2001 was issued “By which the regime of
the gaming rent monopoly is established.

of luck and chance” in its Article 42 provides within the allocation of monopoly income to the
health sector, that 4% must be allocated to the link

to the Subsidized Regime for the disabled, visually impaired and mental health.

The Ministry of Labor issued Decrees: 970 of 1994 that promulgates the Convention on vocational
rehabilitation and employment of disabled persons;1295

from 1994; that establishes economic and assistance benefits for workers who suffer accidents at
work and/or are diagnosed with an illness

professional, 917 of 1999 on the “Single Manual for the qualification of loss of work capacity”;
1128 of 1999 restructures the Ministry and includes

the assignment of functions with respect to the issue of disability; 1530 of 1996, in article 6,
paragraph 3, it is stipulated that: “The administrative entities
of professional risks must accredit every six months before the General Directorate of Professional
Risks, their own or contracted infrastructure, which

"guarantee coverage for its members of the rehabilitation, prevention and advisory services that
are their responsibility."

In addition, Article 23 of Decree 2463/01, establishes the obligation of prior rehabilitation to


access the disability qualification process, Law

776 of 2002 establishes the mandatory coverage of economic and assistance benefits for workers
who have suffered accidents.

of work and occupational disease, in its articles 4 and 8, it requires the reincorporation and
relocation of workers with original disabilities.

occupational and several Circulars that deal with loss of work capacity, and comprehensive
rehabilitation for the General System of Professional Risks.

In terms of employment, in addition to the incentives established in Law 361 of 1997, there is Law
789 of 2002, which in its article 13 indicates the exemption

in the payment of contributions to the ICBF, SENA and family compensation funds to companies
that hire additional workers than those they had on average in

the year 2002, and when among these workers there are people with proven disabilities of no less
than 25%, and when these workers do not earn

more than 3 current legal monthly minimum wages.

Accessibility:

Additionally, there is Decree number 1538 of May 7, 2005 “By which Law 361 of 1997 is partially
regulated” to establish the conditions

basic accessibility to public space and housing.

To promote access to housing, Decree number 975 of March 31, 2004, which partially regulates
Laws 49 of 1990, 3 of 1991, 388 of

1997, 546 of 1999, 789 of 2002 and 812 of 2003 in relation to the Family Subsidy for Social
Housing establishes positive discrimination for

facilitate the access of people with disabilities to this housing subsidy.


There is Decree number 1660 of June 16, 2003 that regulates accessibility to modes of
transportation for the population in general and

especially of people with disabilities.

For its part, Law 105 of 1993 “By which basic provisions on transportation are dictated…”. In the
principles defined in Article 3, it proposes

access to transportation “in the design of transportation infrastructure, as well as in the provision
of public passenger transportation services,

“the competent authorities promote the establishment of conditions for its use by the physically,
sensory and psychologically disabled”; and in what

corresponds to subsidies, the establishment of these is possible in favor of, among others, people
with physical disabilities. Also, for the corresponding

Regarding accessibility, there are the ICONTEC Technical Standards, 4139, 4140 to 4145, 4201,
4339, 4279, 4407, 4695 and 4774. With the support of the National University

For the Road Prevention Fund, there is the Public Space and Transportation Accessibility Manual.

Education

The general framework at the educational level is established by Law 115 of 1994 “General
Education Law”. That in Chapter 1 of Title III (Articles 46 to 49),

provides for “Education for people with limitations or exceptional abilities”, which states that
education for these groups “...is an integral part

of the public educational service.” (Art. 46), and that “...the State will support the institutions and
promote programs and experiences aimed at the adequate

educational attention..." (Art. 47).

This law was recently regulated by resolution 2565 of October 24, 2003 to establish the
parameters and criteria for the provision

of educational service to the population with special needs.

Likewise, Decrees have been issued: 1006 of 2004 that modifies the structure and functions of the
National Institute for the Blind -INCI-; 2082 of 1996
regulates educational care for people with limitations or exceptional abilities4, in development of
which the corresponding Plan was formulated

Gradual Coverage of Educational Care for people with limitations or exceptional abilities5; 2369 of
1997 gives recommendations for care

for people with hearing limitations; 3011 of 1997 on the adaptation of institutions in basic and
secondary education programs for adults with limitations;

672 of 1998 related to the education of deaf children and sign language. Likewise, Law 324 of 1996
“By which some regulations are created to

favor of the deaf population”, in which the State recognizes sign language and proposes research
and dissemination of it.

Decree 2247 of 1997 indicates that entry to the preschool level is not subject to any admission test
or psychological or knowledge examination.

or to considerations of race, sex, religion, physical or mental condition.

Decree 3012 of 1997, which regulates the organization and operation of higher normal schools,
establishes that they will take into account experiences,

contents and pedagogical practices related to the educational care of the populations covered by
Title III of Law 115 of 1994, in the

time to prepare the corresponding curricula and study plans.

Decree 3020 of 2002, regulating Law 715 of 2001, states that to establish the staff of
establishments that serve students

with special educational needs, the territorial entity must meet the criteria and parameters
established by the MEN. Furthermore, it indicates that professionals

that carry out pedagogical and therapeutic actions that allow the process of academic and social
integration to be located in educational institutions

that defines the territorial entity for this purpose.

Resolution 2565 of 2003 establishes the parameters and criteria for the provision of educational
services to populations with EDUCATIONAL NEEDS.

SPECIAL, granting responsibility to territorial entities.


There are also Technical Standards: 4595 that establishes the requirements for the planning and
physical-spatial design of new school facilities, hosting

accessibility, safety and comfort issues; 4596 establishes requirements to design and develop a
comprehensive signaling system in institutions

educational, which contributes to the safety and easy orientation of users within them, provides
for the use of signs for people with disabilities;

4732 and 4733, specify the requirements that must be met and the tests to which desks and chairs
intended for use by students must be subjected.

students with cerebral palsy and in wheelchairs, respectively6.

Sport:

Law 181 of 1995 “By which provisions are issued for the Promotion of Sports, Recreation, the Use
of Free Time and Physical Education…”.

Section 4 of Article 3 states as part of the object “To formulate and execute special programs for
physical education, sports and recreation of

people with physical, mental, sensory disabilities...”, which is also dealt with in articles 11,12 and
24.

Law 582 of 2000 establishes the National Sports System for people with disabilities and creates the
Colombian Paralympic Committee, the highest governing body.

of sport and organizes each of the sports federations by type of disability.

Communications:

In the communications sector, Law 335 of 1996 related to the National Television Commission
(CNTV) and through which television is created

private, orders that “...The subtitling or manual language system must be included to guarantee
access to this service for people with disabilities.”

hearing or deaf” (Art.12). Likewise, Law 361 of 1997 establishes that the National Government,
through the Ministry of Communications, will adopt the

necessary measures to guarantee people with limitations the right to information. (Art.66).
Likewise, different Decrees have been issued, among which is 1900 of 1990 “By which norms and
statutes that regulate the activities are reformed.

and telecommunications and related services, and 1620 of 2003, by which the structure of the
Ministry of Communications is modified

and other provisions are issued. In these, it is raised, among other issues, that: information is a
fundamental right, telecommunications have the

In order to raise the standard of living of the inhabitants, communications must have a social use
and benefit, and needs must be investigated, formulated

and manage projects for access and social use of information and communications technologies
aimed at satisfying the needs of communities.

vulnerable and excluded. For its part, the CNTV, through Agreement 38 of 1988, creates
mechanisms to guarantee access to the public television service.

by people with hearing limitations. Resolution 001080 of August 5, 2002 establishes the criteria
applicable to television programming

for the deaf population.

Culture:

Law 397 of 1997 “By which... norms are dictated on cultural heritage, promotions and stimuli of
culture, the Ministry of Culture is created...”.

In paragraph 13 of Article 1 (Fundamental principles) it states that the State, when formulating the
cultural policy, will take into account and grant “special

treatment for people with physical, sensory and psychological limitations..." And likewise, in
Articles 50 and 60, it is established that in the national Councils,

departmental, district and municipal, there will be a representative of the cultural associations of
the physically, mentally and sensory disabled.

Childhood.

Currently, work is underway on the draft law on childhood and adolescence that adequately
integrates the protection and care of children and young people.

with disabilities.
While this law is being issued, we have Decree Law 2737 of 1989 that adopted the Minors' Code,
and in which minors were considered to have deficiencies7

and responsibilities of the family and the State were established in the care of boys and girls in this
condition. Finally, through Decree 2381

In 1999, December 3 of each year was determined as National Day of Persons with Disabilities.

Territorial powers

Regarding the powers of the territorial entities, Law 715 of December 2001 has recently been
promulgated “By which

organic standards regarding resources and competencies...". This Law has an impact on the issue
of disability management, determines the responsibilities

that the Nation and the departmental and municipal territorial entities have in the formulation
and execution of the plans, programs and projects of

the education and health sectors in accordance with what is determined in Laws 100 of 1993 and
115 of 1994; and in the so-called “other sectors”, among

which are transportation, sports and recreation, culture, disaster prevention and attention, and
attention to vulnerable groups.

Bills:

Currently, several bills on Disability are being processed in Congress, approved in the previous
period in the Chamber Plenary, corresponding

to Nos. 199/05 Senate - 63/04 Chamber (Rules in favor of people with mental disabilities...);
204/05 Senate- 253/04 Chamber (National System of

Disability....); 206/05 Senate-053/04 Chamber (Modifies and adds law 361 of 1997).

III. CONCEPTUAL FRAMEWORK

The National Disability Intervention Plan is based on several conceptual elements: On the one
hand, the concept of Social Risk Management

(MSR), economic theory that in turn bases the new approach to Social Protection based on which
the Ministry of Social Protection is created.
On the other hand, the evolution of the concept of Disability, which has moved in recent years
from a biomedical approach to an ecological approach of social integration,

which considers the individual aspects of the person with limitations in relation to a social, cultural
and physical context. The conditions of interaction

between the individual and the context thus defined, are those that determine the magnitude of
the disability of an individual and his or her family.8

The concepts cited here have been presented as the theoretical support for the approach to Public
Policy on Disability. Therefore the actions carried out

under the title of Public Policy, they aim to improve not only the health condition of the person
with disabilities but also to influence that environment that

determines it, that is, to provide comprehensive care.

At first, under the concept of disability defined by the new ICF9, a public policy was proposed that
was defined as participatory, equitable,

decentralized, supportive, comprehensive and concerted, translated into an indicative plan, which
developed sectoral actions and whose main objectives pointed

to the Promotion of healthy environments, accessibility (seen as equalization of Opportunities)


and access to habilitation/rehabilitation.10

In light of these criteria, the projects and tasks included in the 2003 indicative plan were worked
on within the Sectoral Liaison Groups (GES)11.

– 2006, not without some operational difficulties and new conceptual difficulties that began to
arise with the development of actions in the territories.

Although the proposal contained in the book “Bases for the formation of Public Policy” is based on
the theoretical framework of Social Risk Management, the components

and lines of action that it defines (Prevention and Promotion, Equalization of Opportunities and
Habilitation/Rehabilitation) respond more to the evolution of the concept

of Disability than to the Social Risk Management (SRM) approach. At the time the national
government issues Conpes 080 of 2004, specifically based

In the MSR, institutional and civil society actors with a commitment to work on the issue of
disability generate a debate among defenders
and detractors of the two approaches, a debate that not only does not end, but is beginning to
expand to other theoretical aspects related to understanding

what public policy is, which will be presented later.

Implications of the MSR approach

Social Risk Management results in a Social Protection proposal that privileges two types of public
interventions:

Assist people, homes and communities to improve their social risk management.

Provide support to those in extreme poverty.

The first intervention focuses on the development of risk management strategies, classified into
Reduction, Mitigation and Overcoming strategies.

of risk where not only the public sector contributes but also the private sector and civil society;
and where the most vulnerable populations are prioritized.

The State assumes the role of guarantor of the Social Security of the Population, but transfers the
insurance market to the private sector and a logic of solidarity

as a contribution from civil society, expressed in a subsidy from those who pay to those who
cannot pay.

The second intervention constitutes a process of urgent care for population groups in critical
situations. This means that the State allocates a

significant amount of resources to care for the most vulnerable population in a critical situation,
an approach that has had successful developments, but that

Its very essence consists of short-term programs that involve a more or less rapid overcoming of
the crisis situation, which is not always the case.

consistent with reality.

Social Protection is then conceived as social assistance added to social security and the labor
market. However, seen this way, the Protection

Social is strongly linked to formal work, which initially poses a difficulty within a situation in which
austerity in public spending
and state restructuring processes privilege non-formal and informal employment.

The detractors of this model accuse it of also tending towards the privatization of Social Protection
and of having a markedly welfare-oriented nature.

The Rights Approach

Briefly, the rights approach states that individuals must recognize, assume and be considered
subjects of fundamental rights.

inalienable and inalienable. Development is then oriented on the interests of the people based on
management and social management processes in

those that communities have the power and capacity to define and decide their paths for their
development.

In practice this implies a different work methodology in which the national and departmental
levels become levels of support and

orientation of local levels and not as levels that indicate guidelines for action.

On the issue of disability, the discussion then focuses on deciding whether the construction of the
policy should be developed with a Social Management approach.

of Risk or with a Rights and Citizen Participation approach more compatible with the pre-Conpes
scheme.

The first involves State actions aimed at insuring the disabled population against possible risks and
the second implies that this population

begins to actively participate in the definition of the Policy and in decision-making regarding the
issue of disability.

Without further conceptual developments at this point of the discussion, a review is made of the
components that have been advanced since 2003 and of

the lines of action proposed by Conpes 80 where it is seen that the differences are not large in
global and operational terms and that therefore

Progress can be made in defining an action plan for 2005 – 2007.


Annex No. 1, makes a comparative analysis between the two proposals and explains the
differences where they were found. The low difference between the two

documents, it could be explained to the extent that although there is no agreement on the
political and economic dimension of addressing disability, there is a

general consensus in the way the very concept of Disability is understood.

Is Public Policy constructed or decentralized?

However, from this discussion a second aspect of reflection emerges that focuses on the definition
of what Public Policy is. The Indicative Plan 2003 –

2006 had been presented as the Public Policy on Disability with some developments, as already
said, rather sectoral and Government, and with some

intervention of civil society and the private sector.

Conpes 80 of 2004 initially appears as a new Public Policy but it soon becomes clear that it is only a
government plan.

Within a scenario of territorial strengthening, some theoretical contributions are made of


definitions of Public Policy such as “... the coherent set

of principles, objectives, strategies and action plans that identify, understand and address the
problems of a society (economic, political,

social, cultural or environmental) or conditions of a population group or community, in order to


solve them or improve living conditions

based on collective action, within the framework of a democratic project of society”,12 or as “... a
set of decisions that translate into actions,

strategically selected (within a set of alternatives, according to a hierarchy of values and


preferences of the interested parties). Its dimension

It is public due to the size of the social aggregate on which it affects, but above all because of its
imperative nature, which is vested with legitimate authority.

and sovereign of public power.”13


These approaches emphasize the local construction of Public Policy, with a component of active
participation of organized civil society.

that he exercises his full rights; in consensus actions between it, the public and private sectors as a
legitimizing process of the Policy; and with emphasis

in respect for local processes that imply a construction of Policy from the bottom up and not a
decentralization of the same that implies

a reverse direction.

Stated in this way, it follows that Public Policy on Disability is a dynamic process under
construction and that an Action Plan like the present one,

It only focuses on some guidelines given by the government for the construction of policy in the
territories and as an institutional strengthening through

specific sectoral and, where possible, intersectoral actions that facilitate local developments on
the subject.

It follows that the government plan presented here must still undergo conceptual consultation in
light of a wide range of theoretical approaches,

and for a subsequent prioritization of actions, which guarantee the strengthening of local
processes and the support of a structuring of the

themselves from the national level.

IV. SCOPE AND PURPOSE OF THE PLAN

The Plan's scope is to assume and coordinate responsibilities and competencies of a national,
sectoral, intersectoral and territorial nature, projecting

regional coverage, to advance in accordance with the responsibilities of national and territorial
entities within the framework of their development plans

and decentralization, in the prevention of disability, the comprehensive care of the population
with disabilities and their family in

related to rehabilitation and habilitation, and support for the improvement of the quality of life
and equalization of opportunities, for the recognition

of the rights, autonomy, integration and full participation of this population group.
This plan has an interdisciplinary, inter-institutional, inter-sectoral, and decentralized nature.
Facilitates the articulation of common actions, both

horizontally as well as vertically.

The purpose of the Plan is to guarantee the direction and coordination of the State at the different
levels of Government in the execution of actions regarding

to the prevention, rehabilitation and equalization of opportunities for the population with
disabilities; and promote its control and monitoring within the framework of the

co-responsibility of the State and Civil Society, and from a perspective of the development of
public policy for disability.

Likewise, it should be noted that both the success in carrying out the Plan and the improvement in
the living conditions of people with disabilities,

will not only depend on the efforts and coordination of governments at their different levels of
decentralization, but will also require

a decisive participation and collaboration of people with disabilities and their families, of the
organizations that represent and support them, of companies

and organizations from the private sector, the media and international cooperation.

V. BEGINNING

Transversality:

It is supported by Law 361 of 1997, “By which mechanisms for the social integration of people with
limitations are established and other provisions are dictated”...

that orders the active intervention of all competent levels of the administration and the co-
responsible participation of the NGOs involved

on the issue of disability.

The essential characteristic of its conception is the transversality of public policy, and represents
the government's commitment within the policy framework.

social, for the improvement of the living conditions of this population group; in such a way that all
sectors involved must respond
for the care of people with disabilities, incorporating for this the necessary resources from public
spending, in the areas of its competence and guaranteeing

the effective access of this population to the corresponding institutional offer.

In accordance with the above, the Plan determines the programs and commitments that each
sector of the State must execute and maintain over time, to support

the satisfaction of the needs and minimum rights of people with disabilities.

Comprehensiveness of the action:

The Plan obeys the principle of the comprehensiveness of public action, to the extent that it
contemplates explicit guidelines and orientations for the different

government sectors, which cannot be satisfied only by the sum of sectoral actions, but rather by
planned coordination

of the same, in the search for achievements by areas of intervention.

Flexibility and contextualization:

This Action Plan is also a flexible instrument, which will allow the relevant regional bodies to adapt
its contents and guidelines to each

regional and local reality.

Likewise, it must be permanently enriched with the contributions of new national and territorial
actors, as well as by the factors that influence

in reality and the national context.

SAW. STRATEGIES FOR ITS ORGANIZATION AND IMPLEMENTATION

Nacional level
It includes two instances, one of Policy, on which the purposes of the policy itself are based, at the
same time it fulfills an advisory role regarding

to the Plan; another of Management and Technical Support, made up of all the committing
institutions, which simultaneously are specifically located as:

National Technical Committee: made up of professionals from the different sectors and national
entities responsible for the issue in the government sector,

with coordination functions of the different State entities programmatically linked to the issue of
disability. For the development of the Plan,

coordinates guidelines and methodological and procedural guides, serving as a bridge with civil
society organizations.

Sectoral Liaison Groups: made up of technicians from the different sectors, whose central function
is to identify and agree on the main

products to be implemented or to continue to be implemented within the intervention areas of


the Plan in coordination with representatives of the sector

private and civil society.

Political Body and Advisory Body:

The advisory body for the Plan will be the “National Advisory Committee for People with
Limitations”, based on the powers given to this body.

in accordance with the provisions of Article 6 of Law 361 of 1997.

The National Advisory Committee: made up of representatives of civil society, it is a consultative


and advisory body for monitoring, verification

and implementation of the disability policy, in accordance with the provisions of articles 6 and 7 of
Law 361 of 1997.

The National Advisory Committee has a technical coordination delegated to a Presidential Council
of Special Programs and a Technical Secretary.

in the Social Promotion Department of the Ministry of Social Protection, which in coordination
with the National Technical Committee, will be responsible for providing
policy guidelines to the different sectors and commitment entities.

The National Advisory Committee for Persons with Limitations, formed in accordance with Article
6. of Law 361 of 1997, which says “The

“National Advisory Committee for People with Limitations”, as institutional advisor, for monitoring
and verifying the implementation of the

policies, strategies and programs that guarantee the social integration of the limited” 14 and
according to the functions indicated in Decree 276 of 2000

and Resolution 3489 of 2004, by which the current Consultative Committee is formed.

Based on the scheme described above and as a result of the participatory construction of the
bases of Public Policy on disability, it is

have articulated actions that transcend government plans, harmonizing the entities responsible at
the national and territorial level, together with the

Civil society organizations.

In this sense, the work has been guided taking into account the guidelines of “The Uniform Rules”
adopted as a guideline by the United Nations.

The Standard Rules on Equal Opportunities for Persons with Disabilities have been developed on
the basis of experience gained during

The United Nations Decade passes Disabled Persons (1983-1992). The political and moral
foundation of these Norms is found in the International Charter

of Human Rights, which includes the Universal Declaration of Human Rights, the International
Covenant on Economic, Social and Cultural Rights and

the International Covenant on Civil and Political Rights, and also in the Convention on the Rights of
the Child and the Convention on the Elimination of

all forms of discrimination against women, as well as in the World Program of Action for Disabled
Persons.

Taking into account the uniform standards, the three strategic components were identified to
intervene in the disability situation. These three components
They are: i) Promotion and Prevention, ii) Equalization of opportunities and iii) comprehensive
rehabilitation and rehabilitation, which guided the formation

of the Sectoral Liaison Groups (GES).

As noted, the objective of this body is to serve as a link between the public and non-governmental
organizations. They must play a role

planning at the National level and technically support the coordination of the Plan in relation to
sectoral and intersectoral planning aspects.

as well as the National Advisory Committee.

Given their intersectoral nature, they generate comprehensive visions and missions for the
development of activities to promote and disseminate rights.

of people with disabilities; prevention, rehabilitation, education, family, social, labor integration
and other aspects that result

necessary for compliance, monitoring and evaluation of the disability policy.

PREVENTION AND PROMOTION GES:

“This component is made up of all those activities that seek to prevent risk factors that cause
disability, and promote the culture

of self-care, of generating protective environments, and a cultural change regarding the situation
of disability.” (Uniform Rules – United Nations)

Prevention means the adoption of measures aimed at preventing physical, intellectual, psychiatric
or sensory deterioration from occurring (prevention

primary) or to prevent this deterioration from causing permanent disability or functional limitation
(secondary prevention).

Among the activities necessary to achieve these objectives, we find

Single registry and characterization of the population with disabilities - DANE

Preparation and articulation of disability risk maps:

Generation of protective or healthy environments


educational and information campaigns on the causes of disabilities and how to prevent them.

GES DEHABILITATION REHABILITATION:

“Through this component, we seek to create, consolidate and qualify a network of comprehensive
rehabilitation and habilitation services for people with disabilities.”

(Uniform Rules – United Nations)

Rehabilitation is a process aimed at ensuring that people with disabilities are able to achieve and
maintain an optimal functional state.

from the physical, sensory, intellectual, mental or social point of view, so that they have the means
to modify their own life and be more independent.

Rehabilitation may involve measures to provide or restore function or to compensate for the loss
or lack of a function or limitation.

functional.

Among the actions that make up this component are:

Organize and qualify comprehensive rehabilitation and rehabilitation services.

Develop quality standards in the provision of these services aimed at generating maximum
autonomy for the person and their effective social inclusion.

Organize banks of technical aids with objective allocation criteria.

Strengthen the participation of the family and the community in the rehabilitation of people with
disabilities (Rehabilitation Strategy based on

community “RBC”).

GES FOR EQUALIZATION OF OPPORTUNITIES

“The disability situation also includes an external or environmental factor, which is what
conditions the effective participation of people with disabilities.

disability to the services and social spaces that allow a human being to develop comprehensively.
A community that allows inclusion or real accessibility to these basic services is a community that
respects and allows the exercise of rights.

social, economic and cultural human rights of people with disabilities.” (Uniform Rules – United
Nations)

The achievement of equal opportunities is understood as the process by which the various
systems of society, the physical environment, services,

Activities, information and documentation are made available to everyone, especially people with
disabilities.

For this reason, the competent authorities, with the support and active participation of social
organizations, must take actions to allow, among

others, the following objectives:

Educational integration of all people with disabilities

Inclusion of people with disabilities in the Educational service

Labor inclusion and employment - development of productive capacity

Access to health and social security

Access to information and communication

Access to public spaces and transportation,

Access to cultural services

Access to recreation and sports

Representatives, family defenders, and other oversight and social control entities are also essential
allies to eliminate any form of exclusion or discrimination against this population.

You might also like