Attorney General on compliance demanded special protection for disabled people

The Attorney General's Office, Alejandro Ordóñez Maldonado, required all public entities of national and territorial ministries of Labor, Health and Welfare, the National Advisory Committee for Persons with Limitations, boards of Qualification Disability, the entities of the Comprehensive Social Security System and public and private employers in general, strictly meet the standards of special protection of disabled people.

Through Circular 001 issued on 17 January, the chief public prosecutor urged compliance with the norms and constitutional jurisprudence on the right to work, equality, enhanced job security, assistance, protection and accessibility for people with disabilities .

Among the issues highlighted by the attorney general in the Circular, it states that in any limitation of a person may be reason to hinder their working relationship, the obligation to make the joints comprehensive disability rating given the functional components of biological, psychological and social human being, and the obligation of health promotion entities and managers of the subsidized rate the severity of the limitation.

Also, the attorney Ordóñez Maldonado referred to the Judgement T-457 / 10, through which the Constitutional Court confirmed that the real and effective guarantee of the right to enhanced job security, is in harmony with: (i) the right to maintain employment, (ii) not to be dismissed by the state of vulnerability or present a serious health impairment, and (iii) to remain in office until he had set an objective reason to warrant the termination of employment relationship, which in any case, must be previously evaluated by the labor inspector.

It is necessary that the Ministry of Labour, regarding the involvement of labor inspectors, authorized in cases of dismissal and hiring of people with disabilities, review, adjust and regulate the procedure to advance to such inspections to ensure due process, protection of the rights and guarantees to people who have any physical, mental or sensory impairment, and employers who hire these people.

In the said circular, the chief public prosecutor also reminded the obligations to ensure access to care, prevention protection, education and rehabilitation of disabled persons, to adopt the necessary measures and adapt the facilities open to the public buildings to ensure people with disabilities access to the physical space under conditions of equality and the equal preference in contracting processes, employers that link people with limited labor.