Disability Rights in Colombia - Sida.se
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Disability Rights
in Colombia
November 2014
disabilities have better access to education at all
The situation of persons with disabilities
levels, with an average of 58.2% for all levels in
in Colombia
relation to girls.
It is estimated that over 3 million persons live with
A report on psychosocial disabilities (Disability
some kind of disability in Colombia, equivalent to
Rights Promotion International 2014) highlights the
6% of the population. Regional disparities are
large gap between official policy and its
however significant and the departments with the
implementation in Colombia. It reveals a group
largest number of persons with disabilities have an
that is overlooked due to lack of awareness and
average prevalence rate of between 7.8% and
voice. The report draws attention to high levels of
9.5%. Out of the 20 departments, five have
abuse and discrimination against people with
particularly high rates of persons with disabilities,
disabilities, including systemic violations of their
namely Caquetá, Tolima, Vichada, Córdoba and
rights to social participation, privacy and family life,
Cauca. The legacy of armed conflict has resulted
health, habilitation and rehabilitation, education,
in many land mine victims and the situation for
information, communication and access to justice.
persons with disabilities is also aggravated by
The existing regulations and legal obligations are
displacements caused by the conflict.
not widely known. There is also a lack of
Disability is both a cause and a consequence of
acknowledgement of the legal capacity of persons
poverty and over 80% of persons with disabilities
with disabilities, which hinders the effective
in Latin America live in poverty, according to the
enjoyment of human rights.
World Bank. In Colombia, the number of persons
Colombia’s current legal framework on legal
with disabilities is higher in low-income households
capacity allows for the sterilisation of women with
relative to other households (Fundación
disabilities without their consent, in the case of
Saldarriaga Concha). Among persons with
women who are placed under plenary
disabilities in Colombia, 61% have no income.
guardianship and therefore are deemed incapable.
According to Dane, the Administrative Department
Widespread and persistent discrimination against
of National Statistics, only 15.5% of those of a
women and girls with disabilities results in the
productive age have some kind of occupation and
systematic denial of their right to sexual education,
only 2.5% receive the stipulated minimum wage.
to experience their sexuality, to have sexual
Of economically active persons with disabilities,
relationships, and to start families on equal footing
women constitute only 34%. The indigenous and
than women without disabilities (IGLHRC report
afro-Colombian minorities have higher rates of
2013).
disabilities than the majority mestizo population.
The level of illiteracy is three times higher among The legal and policy framework
persons with disabilities (22.5%) than in the rest of Colombia has ratified the UN Convention on the
the population (7%). Over a third of all illiterate Rights of Persons with Disabilities (CRPD), the
persons with disabilities are under 15 years of age. first international, legally binding treaty aimed at
Children and adolescents with disabilities are protecting the human rights of persons with
under-represented at all levels of education and disabilities – but not the optional protocol. The
normally enter school later than children without Convention is available at
disabilities. Only 27% of children with disabilities www.un.org/disabilities/convention/conventionfull.s
have access to primary school, less than 50% html.
complete basic primary education and only 3%
proceed to secondary education. Boys withColombia has also signed and ratified a number of • Law 361 (1997) establishes mechanisms for
other treaties that advance the rights of people, the social inclusion for persons with disabilities,
including those with disabilities, for example: including subsidies for assistive devices.
• the UN Convention on the Rights of the Child
• Law 1145 (2007) regulates and coordinates the
and the Convention on the Elimination of All
implementation of the National Public Disability
Forms of Discrimination against Women – both
and Social Inclusion Policy amongst national,
of which make reference to protecting the rights
regional and local public entities, Disabled
of persons with disabilities to fair treatment,
People´s Organisations (DPOs) and civil
appropriate care and full participation in
society, in order to guarantee the fundamental
society;
human rights of persons with disabilities. El
• the Inter American Convention on the Sistema Nacional de Discapacidad – SND is
Elimination of All Forms of Discrimination a system consisting of regulations, norms,
against Persons with Disabilities (2001) , also activities, resources, programmes and
confirmed in the national Law 762 of 2002. institutions that aim to ensure that the general
Colombia’s national legislation on disability rights principles of Law 1145 (2007) are put into
is complex and includes national and regional practice.
policies, as well as special measures for displaced • Law 1346 (2009) regulates the responsibilities
persons with disabilities. There is a national of government institutions at different levels to
system for disability rights and a National Public ensure that general policies, plans and
Disability and Social Inclusion Policy, for which the programmes include persons with disabilities
Ministries of Health and Social Protection are (Article 3). Furthermore families, private
responsible. The system includes a focus on companies, NGOs, professional associations,
Community Based Rehabilitation (CBR) in labour unions and society at large are seen as
coordination with DPOs and a national CBR duty bearers with the responsibility to promote,
network. In terms of other national laws and respect and visualise the full enjoyment of the
policies, the following have the most direct bearing rights of persons with disabilities, to eliminate
on the rights of persons with disabilities: all barriers to the full participation of persons
• The Constitution of Colombia guarantees the with disabilities and their families and to
rights of persons with disabilities in Article 16 denounce discriminatory behaviour against
(universal rights to individual development, persons with disabilities. The Council for
Article 25 (the right to work in dignified and fair Disability Inclusion coordinates the promotion
conditions) and Article 49 (the right to public of the rights of persons with disabilities in the
health and sanitation services). These articles private sector, and includes representatives
do not however make any specific reference to from companies, professional associations,
disabilities. Article 13 on the equal rights, NGOs, Chambers of Commerce, trade unions
freedoms and opportunities of all persons and DPOs. It provides persons with disabilities
stipulates the responsibility of the State to with the right to special social protection (Article
protect marginalised groups from 28). The Ministry of Labour is responsible to
discrimination, including persons with physical ensure that companies fulfil their obligations in
or intellectual disabilities. Article 47 places an relation to disabilities, including the
obligation of the State to institute policies for employment of new staff and the work
the prevention, rehabilitation and social environment (Article 27).
integration of persons with disabilities, as well • The Statuary Law on Disability (Ley
as the implementation of special measures Estatutaria 1618/2013) in accordance with Law
when required. 1346 guarantees the rights of persons with
• Law 324 (1996) provides specific rights to disabilities through inclusion, affirmative action
persons with hearing impairments. and other reasonable measures to eliminate all
forms of discrimination due to disabilities.• The National Disability Plan of 2004 was and municipalities, should implement measures
updated in 2013 to be coherent with the current to improve the situation of persons with
national development plan “Prosperidad para disabilities, based on information derived from
the register (see below). .
Todos” (Law 1450/2011). The new plan
(Conpes 166), developed by the Consejo • Colombia has introduced the International
Nacional de Política Económica y Social, is a Classification of Functioning, Disability and
rights-based and focuses on human Health (ICF) as the basis of its disability
development rather than on assistance and assessment systems.
protection. The overall objective of the plan is
”to guarantee the full enjoyment, in equal
Implementing agencies
conditions of all the human rights and freedoms
of persons with disabilities by strengthening the • The National Disability System (SND) has
implementation of the National Public Disability four levels: 1) The Ministry of Social Protection
and Social Inclusion Policy”. The first step is to has the overall responsibility for the system; 2)
recognise persons with disabilities as rights- The National Disability Council, El Consejo
holders and the obligation of the State is not to Nacional de Discapacidad (CND) works to
assist persons with special needs, but to monitor, evaluate and co-ordinate the system
respond to their rights. and the implementation of the national disability
policy, while also making recommendations to
• Directriz de discapacidad y the National Disability Observatory (OND) 3)
desplazamiento – Guildelines for disability and
The Department and District Disability
displacement - have been developed by the Committees (CDD) act as intermediary levels
Ministry for Social Protection, in agreement the
for coordination and monitoring of the policy;
UNHCR in Colombia. The aim is to support and 4) Municipality and Local Disability
departmental, district, municipal and local Committees (CMD and CLD) are responsible
entities, as well as civil society, to develop their
for the local implementation and follow-up of
programmes, plans and actions so that
public disability policies. The coordination
displaced persons with disabilities can regain
between the CDD, CMD and CLD is managed
their autonomy and independence (in the by the Territorial Councils of Social Policy
individual, family, cultural, social and (CTPS), in which persons with disabilities
community spheres).
should be represented.
• The Register for the Localisation and • National Territorial Encounters - Encuentros
Characteristics of Persons with Disabilities Nación Territories - are spaces to exchange
(RLCPD) provides the country with a baseline and discuss case studies and good practices in
on the situation of persons with disabilities the design and implementation of public
across the country. When it is used properly, disability policies. Governmental entities at
the register should lead to the design of local levels, including disability committees and
measures especially geared to counteract the National Disability Council, civil society
discrimination in different territories. The organisations for and of persons with
register is based on a free and voluntarily disabilities, social and community networks,
registration via the web page. service providers, scholars, persons with
• The National Health Plan guides local and disabilities and their families, and communities
regional administrations on how to decrease or participate in these spaces.
at least maintain the disability prevalence • The Ministry of Education is responsible to
recorded in the 2005 census. guarantee access to quality and inclusive
• According to the National Development Plan education to persons with special needs in
(2010-2014), disability should be mainstreamed accordance with the right to habilitation,
in all government policies. The Ministry for comprehensive rehabilitation, full inclusion and
Social Protection, in coordination with DANE participation of persons with disabilities,• Public service television is obliged to include Pueblo promotes, raises awareness about and
closed captioning, sub-titles or sign language. defends the rights of all Colombians. It also
• The Ministry of Information Technology and exercises oversight over the constitutional
Communication has launched the project justice.
ConVertic which provides companies, libraries, • The Inter-American Commission for Human
universities and service hubs with free text-to- Rights, which performs hearings and issues
sound-converters and magnifying programmes recommendations to governments.
to benefit the 1.2 million Colombians with visual These accountability systems have not yet been
impairments. very helpful to in terms of assisting persons with
disabilities to monitor and access their rights. The
Accountability measures
well-designed and elaborated legal and policy
• The Constitutional Court is responsible to frameworks have yet to be implemented in
ensure that the constitutional rights of persons practice. Colombia has not yet reported on the
with disabilities are upheld. Despite this the CRPD.
Constitutional Court endorsed in March 2014
the practice of surgical sterilisation of minors Main civil society actors
with cognitive and psychosocial disabilities Some of the main national organisations of
without their consent. Article 7 of the law 1412 persons with disabilities (DPOs) in Colombia are:
protects minors against this practice, yet • Federación Colombiana de Organizaciones
despite the fact that the Court found Art. 7 to de Personas con Discapacidad Física –
be constitutional, it declared itself in favour of FECODIF – was established in 2003 to give
the right of parents and legal guardians to voice to and defend the rights of persons with
deny minors with intellectual disabilities their disabilities and their organisations. It is a
reproductive rights. National and international member of a number of national structures
organisations protested against the decision (Mesa Nacional de Pensar la Discapacidad;
declaring it to be against the commitments of Mesa Nacional para la inclusión laboral de las
Colombia under the CRPD and CEDAW and a PcD; Comité Técnico sobre accesibilidad al
case was also brought to the Inter-American medio físico, al transporte y a las
Commission on Human Rights. (Source comunicaciones; Instituto Colombiano para el
Centre for Reproductive Health) Desarrollo de Normas Técnicas y Certificación;
• The National Plan of Action 2010-14 Red Colombiana de Capacidad y Derechos)
(“Prosperidad para todos”) contains a broad and of Latin-American networks such as la Red
range of measures to improve the promotion, Iberoamericana de Entidades de Personas con
protection, respect for and guarantee of Discapacidad Física and RIADIS, Red
human rights. This could be used by DPOs latinoamericana de organizaciones no
and other civil society actors to hold the gubernamentales de personas con
government to account for their progress in discapacidad y sus familiares. FECODIF has
implementing the plan. Existing mechanisms members at local, regional and national levels.
include institutionalised spaces for dialogue • La Asociación Colombiana Para el
and exchange of information between the Desarrollo de Personas con
government and the civil society. Discapacidades- ASCOPAR - works in a
• The Defensoría Delegada para la Salud, la broad range of areas for the development of
Seguridad Social y la Discapacidad is part person with different disabilities.
of the Defensoría del Pueblo Colombia, the • La Asociación Colombiana de sordociegos
Ombudsman for Human Rights. It conducts –SURCOE – is a national organisation of deaf-
studies and evaluations, formulates defence blind persons and works for the rights of
resolutions, gives advice and builds the persons with multiple disabilities and their
capacity of other sections of the Ombudsman, families.
among other things. The Defensoría del• Federación Nacional de Sordos de explicitly include monitoring of the rights of
Colombia – FENASCOL - was formed in 1984 persons with disabilities? Monitoring tools can
by 12 regional Deaf Associations and today be downloaded here.
has 29 member organisations all over • Could women with various disabilities be more
Colombia. systematically and deliberately included in
• Coordinadora Nacional de Organizaciones programmes focussing on gender equality,
de Limitados Visuales - CONALIVI - is a women’s empowerment/participation and
national platform that has 30 member gender based violence?
organisations representing or working for the • Could the Swedish civil society support in
rights of persons with visual impairments in Colombia also consider including DPOs - as
different parts of Colombia. voice and representatives of the rights holders,
• Asociación Colombiana de Síndrome de including those injured by the conflict? DPOs
Down (ASDOWN). The association has need capacity to raise awareness around
brought a case of forced sterilisation to the disability rights, to monitor the implementation
Inter-American Commission for Human Rights. of legal and policy commitments and to
advocate for the harmonisation of international
A major international actor in Colombia is commitments.
Handicap International which works in the areas • Could Sweden do more to include and enable
of victim assistance, community based persons with disabilities and their
rehabilitation and rights. There are also regional organisations to participate in professional
networks and in social and cultural events?
networks such as Red Latino Americana de
Organizaciones No Guvernamentales de • Could Sweden do more to include persons
Personas con Discapacided y sus Familias with disabilities in peace building efforts,
particularly amongst ethnic minorities and in
(Latin America Network of Non-Governmental
the departments with the highest rates of
Organisations of Persons with Disabilities and their
persons with disabilities? Examples of
Families – RIADIS) which is a cross-disability
resources and tools are
network formed by DPOs from 19 countries in Disability and the post-conflict agenda
Latin America and the Caribbean and regional here
programmes such as Disability Rights
Involvement of Persons with Disabilities in
Promotion International (DRPI), Latin America.
Conflict Resolution and Peace Building
Efforts here
What Sweden can do: 7 questions to
discuss • Could Sweden do more to bring a disability
perspective into joint donor planning meetings
The legal and policy framework for disability rights with bilateral and multilateral agencies, taking
is rather good, with exception of laws on legal into consideration that article 32 of the CRPD
capacity, but implementation is still very weak. requires donors to do? What support and
Within the country strategy for Colombia, there are additional information would the embassy
opportunities to address these issues, in need to take such initiative? E.g. Inclusion
cooperation with other agencies. Some questions Made Easy - a quick programme guide to
to consider: disability in development here.
• Could the Swedish support to the Ombudsman
and other accountability systems moreReferences
Discapacidad en Colombia: Retos para la Inclusión en Capital Humanom Fundación Saldarriaga Concha
(2011) .
Handicap International http://www.handicap-international.us/colombia
Human Rights Monitoring in Persons with Disabilities, with an Emphasis on Psychosocial Disability in
Colombia: A Comprehensive Analysis, DRPI (2014). http://drpi.research.yorku.ca/node/2467
IGLHRC, From Forced Sterilization to Forced Psychiatry: Violations of the Human Rights of Women with
Disabilities and Transgender Persons in Colombia http://iglhrc.org/content/forced-sterilization-forced-
psychiatry-violations-human-rights-women-disabilities-and
WHO and World Bank (2011). World Report on Disability. Geneva: WHO. Available in Spanish.
Situación de la Educación en Colombia Preescolar, Básica, Media y Superior, Una apuesta al cumplimiento
del derecho a la educación para niños, niñas y jóvene, Alfredo Sarmiento Gómex, Proyecto Educación
Compromiso de Todos.
Sida's tools on disability: Disability as a human rights issue – conducting dialogue,
http://www.sida.se/English/publications/Publication_database/publications-by-year1/2012/june/disability-as-a-
human-rights-issue-conducting-a-dialogue/
The human rights of persons with disabilities are a Swedish government priority. As a
service to staff, briefs have been prepared to provide basic information about the situation
of this (often forgotten) group and inspire discussions on what Sweden could do to better
include disability rights in diplomacy and programming.
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