RIGHTS OF PERSONS WITH DISABILITIES IN ARGENTINA
original text of the first national campaign for the rights of persons with disabilities in Argentina. By Luis Liendro: This publication has its origins in early 2000, with looks to strengthen the dissemination of the legitimate rights of persons with disabilities, this synthesis was initiated the first national awareness campaign by the World Wide Web to disseminate a version full rights of disabled people of Argentina. This campaign was sponsored by various associations for the disabled and sponsorship Executive Coordinator of the Municipal Council on Disability of the Municipality of La Matanza and countless corporate portals across the country. We invite you to join in the dissemination of this document, collaboration with more people with and without disabilities can learn their rights and require them to access a more dignified life. With your cooperation, however small it may appear to be very valuable for the purposes of this campaign.
DO YOU KNOW WHAT ARE YOUR RIGHTS?
In Argentina it is the policy of the state, "COMPREHENSIVE PROTECTION SYSTEM FOR PEOPLE WITH DISABILITIES. Emanating from the Constitution Article 75 º inc. 23. The Executive Branch proposes to the Governments of the Autonomous City of Buenos Aires, Provincial and Municipal Governments, the penalty in their jurisdictions to establish regulatory regimes similar principles to the Laws 22,431, 24,314, 24,901, 25,635, 25,689, among others, the act of accession these laws in every province must ensure that the agencies are responsible for the actions and activities that govern legal. They should also establish a unified relationship with the public and / or public companies, both levels of national, provincial and municipal. SPREAD YOUR RIGHTS
is to raise awareness
you are entitled to free travel on all inland public transport lines and the various types of public transport, train, subway and Long Distance, and / or request a free pass, as the controller of the relevant authority, National travel in lines 1 to 199 , Provincial from 200 to 599 and in municipalities in all lines 600. Disability Certificate is valid and sufficient document to access the Gratuity law, that exemption is extended for a companion of a disabled person if they express and determine the Disability Certificate and that it not be conducted independently . In the Province of Buenos Aires is implicitly attached to National and Act determina que el Certificado de Discapacidad establecido por la Ley Provincial 10592 será el documento válido y suficiente para tramitar la credencial habilitante que emite la Dirección Provincial del Transporte que permite acceder al beneficio de gratuidad establecido en el artículo 22º de la mencionada ley y que será válida para viajar en todas las líneas de Servicio Público de autotransporte de pasajeros sometidas al contralor jurisdiccional de la Provincia de Buenos Aires, análogamente los Municipios deberían adherir y/o cumplimentarse con la disposición Provincial.
LIMITACIONES: Poseer Certificado de Discapacidad. Documento suficiente para tramitar credencial y/o viajar en los medio de transporte colectivos de National Jurisdiction. In case of long distance Public transport must make a request early passage each time you have to travel. In some municipal districts or provincial, should be credited attendance at an educational or health and choose a single means of transport, according to the concurrence of the respective Certificate of Establishment, who clears. Violations of these standards, must be reported to the competent authorities.
STANDARD: The purpose of travel is not limiting the benefit of a free set by regulations. Nat Law No. 22,431 Section 20, Law 25504 Nac, Nac Law 25,635. Law 25,644 Nac. National Decree No. 38/2004. 10,592 Prov Law, Art 22 º, Dec. 2744 Province Provincial Jurisdiction and Laws. State policy is considered the cause of social integration, those that allow the disabled person or community to share family situations in a place other than home.
LAW A. ..
Request a special maternity leave for a period of six months without pay, from the date of expiry of the period of maternity medical discharge, when a survivor of that period a birth of a child with Down syndrome. During this period of special leave the employee will receive a family allowance whose amount is equal to the pay she would have received if had served. It shall be levied under the same conditions and with the same requirements under the maternity allowance.
LIMITATIONS: To exercise this right, the employee must forward a credible diagnosis of the newborn, giving evidence to the employer a medical certificate issued by official health authority with a notice of fifteen days from the date of expiration of the ban maternity work.
LEGISLATION: Law 24,716.
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receive an allowance for disabled child of any age. The provision which states that legislation is not subject to seizure by any effect.
LIMITATIONS: The allowance is paid from the month stating that the child's disability, by the competent authority, ruled by the Article 2 of the National Law 22431 to the employer.
LEGISLATION: Law 24,714 § 6 and 8.
LAW A. .. Joining
Common Education, through the full development of their capabilities.
The situation of the students served in Special Schools or Centers will be reviewed periodically by professional teams, so as to facilitate, where possible and in accordance with both parents, integration into the Common School Units. In this case the educational process will be conducted by appropriate personnel and must adopt specific criteria for curriculum, school organization, infrastructure and teaching materials.
STANDARD: 24,195 Act Chapter I Article 5 and Chapter VII.
LAW A. .. Claim
full accessibility to the physical environment to enable the use walkability and safety in public spaces and parks and plazas, public baths of private buildings, buildings of public use of the National Public Administration, Provincial and Municipal, as well buildings also housing, public transport stations, and unimpeded transit on public roads as well, posters, tables, unevenness and openings to prevent the passage and the stumbling block of people with reduced mobility and / or canes or wheelchairs and free parking.
LIMITATIONS: I understand accessibility: The possibility that people with disabilities can enjoy the good conditions of autonomy as a fundamental element for the development of activities of daily living without restrictions from the urban physical environment, architectural and public transportation, for integration and equal opportunities. Understood by architectural barriers: The existing traffic barriers in public buildings or private. Understood by public transport barriers: Those that impede access and use by disabled people in public transportation by land, air and sea of \u200b\u200bshort, medium and long distance. Understood by adaptability: The possibility of modifying the physical time to do comprehensive and easily accessible to people with disabilities.
STANDARD: Nat Law 19,279, 22,499, 22,431 Nat Law Article 20 º, 21 º, 22 º, Nat Law 24,314, Dec. Nat 914/97, National Law 25,643 of Accessible Tourism, Provincial Law 10,592.
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Employment in public administration national decentralized agencies or independent, non-state public entities, in state enterprises, privatized firms in the healthcare, utilities companies, the Government of the City of Buenos Aires, the Provincial Governments and Municipalities. The labor market on equal opportunities is mandatory as public policy the National Government, being forced to take people with disabilities who meet eligibility conditions for the office, at a rate not less than four percent (4%) of the all permanent plant staff (effective) of contract irrespective of the type of recruitment and for all those situations in which outsourcing has purpose and an effective compliance 4% of vacancies within the various types of contracts in the bodies said, priority should also reserve a percentage of people with disabilities who meet the conditions for the office or position to be filled. Vacancies must necessarily be reported along with a description of the position which is covered by the public prosecutor competent for the purposes of competitions and supplier compliance with the rules, and the same competent authority should ensure the inclusion of job applications registered in the relevant records for candidates to fill jobs for persons with disabilities. Applicants with disabilities may enforce its priority of right of entry to equal merit, if deemed to violate the rate of 4% for persons with disabilities, the duties assigned to them in this situation is verified will be considered acting in breach of duties public official established in Article 1112 Civil Code, corresponding to the same punishment for officials from regulatory agencies and private companies comptroller public service concessions. The National State ensures that recruitment procedures to ensure the conditions laid down in current legislation and are mandatory for a job full of people with disabilities to an effective job of work.
LIMITATIONS: Prove your disability, certified by the competent health authority, possess the Certificate of Disability. The petitioner must establish the conditions you suitability for the job or position to be filled and / or requests.
STANDARD: 22,431 Law Article 8 and 10, Law 23,462 Nac, Nac Law 23,592, Law 24,308 Nac Nac article 5 Law 25,689, Article 16 of the Constitution, Article 42 of the Charter of the City Buenos Aires, Act 1502 of the Autonomous City of Buenos Aires, Law 10,592 Prov.
LAW A. .. Get
granting a space for the use of a small business in all government departments of the National State, in decentralized, autarkic, joint ventures of the state, government departments of the Government of the City of Buenos Aires, government departments of provincial and municipal governments. Are incorporated into this scheme, private companies providing public services. Such as telephone, electricity, gas, water, land, air, sea or river, health care or education at all levels, etc., As well as social work of various private sectors.
LIMITATIONS: Applicants must comply with the terms established the provisions and obligations, be registered in the register of small businesses aspiring to be installed, with the competent authority in relation to the application.
STANDARD: Nat Law 22,431, Law 24,308 Nac. Nat Dec. 795/94. Municipal rules on the subject or administrative actions must comply with the terms established by current legislation. Are null and void the concession granted without complying with the requirement set out in this scheme, establishing priority for the blind or visually impaired. Failure to comply with legal requirements, determine the official responsibility under Article 1112 of the Civil Code.
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A 100% coverage by the Social Work and Medicine Prepaid must meet the same performance, this includes rehabilitation therapies, early learning, psychology, psychology, speech therapy, occupational therapy, psychological and physical rehabilitation center, therapeutic school , physical rehabilitation, provision of orthotic and prosthetic devices, wheelchairs, disposable diapers, holistic dentistry, genetic studies and all other rehabilitation or therapy. Transportation to 0.35 pesos kilometer round trip plus 35% if the person needs help getting on and off. Both special education school as common and teacher integrator / a. Home placement in therapeutic educational center, home day care center. Prevention and control diagnostic studies but not within the prepaid services provided by social or work and those which seek to prevent or detect early disability. Family group Family group counseling, diagnosis and counseling to relatives of people with inherited genetic disability. Other services care by specialists who do not belong to the body of professional social work or prepaid but indispensable to intervene, among many others and to be covered provided they are duly indicated by the treating professional.
LIMITATIONS: To be included in the system of insurance plans and prepaid. Document the need for providing comprehensive coverage as requested. Prove disability by disability certificate provided for in Article 3 of Law No. 22,431 and its counterparts at Provincial level. The provision on the outside is not subsidized, except that the cost of the benefit is lower than that prevailing in the country for the same practice.
STANDARD: Nat Law 22431, Law 23,660 Nac, Nac Law 23,661, 24,314 Nat Law Article 22 º inc. a, Law 24,455 Nac, Nac Law 24754, Law 24,901 Nac. (Res. No. 400/99 Special Programs Administration).
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Production sheltered workshops in order to produce goods and / or services, the campus should be composed of workers with disabilities, physical and / or mentally prepared and trained for the job, working age, and suffering from a disability that prevents them from obtain and maintain competitive employment; to create Work Group Protected by disabled workers with similar characteristics who work under special conditions in an undifferentiated working environment; to sheltered workshops Therapy, in public or private sphere in a dependent relationship with a rehabilitation unit of an effector of health and are aimed at social integration through activities adaptation and job training, his staff works with people whose degree of disability, can not develop competitive business activities or in sheltered workshops.
LIMITATIONS: Framing in the system of authorization and supervision of Protected Production Workshop for disabled workers, accredited under dependence of an association with legal and recognized as public goods. Protected work in all media must register with the agency determined the Ministry of Labour. The presentation of the project / application for accreditation, its processing time is not less than 1 year.
STANDARD: Sheltered employment makes its work to a special labor regime. 22,431 Nat Law Article 12 º and 23 º, Law 24,147 Nac, Nac 498/83 Dec. 6 º and 12 º.
LAW A. .. Request
Non-contributory Invalidity Pension.
LIMITATIONS: Possess a minimum 76% disability, expected to suffer permanent deficits, such as physical or mental defects or not, to nullify or modify their physical, mental or sensory. Not having social benefits, property, income or resources of any type that allow the survival of the applicant and his family. No relatives obliged to provide them food conditions. The Invalidity Pension Tax is not incompatible with any other social security benefit
STANDARD: Nat Law 18,910, Law 20,475 Nac, Nac Law 20,888.
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A comprehensive coverage (100%) of drug costs and likewise to patients without health care coverage and lack of funding the free provision of medication required.
LIMITATIONS: You must base the request using the recipes of medical prescription of treatment cycles, frequencies as appropriate, a summary of history duly completed, in official form stating signature and stamp of the hospital director and the same seal and signature of the establishment and seal specialist and / or treating, social survey with all the required data, photocopy ID, 1st 2nd and last sheet stating the real address.
LEGISLATION: Law No. 23,661 Section 28, Law 23,753, Law 24,404.
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not be discriminated. That is, for discrimination against a person with disabilities should occur two things: that they are treated differently because people with disabilities or different treatment that prevents the exercise of any right.
STANDARD: When the State, Entity, Social Work, the Prepaid, or Officer in breach of its duties and obligations, violate any legal right, everyone has a constitutional tool, the writ of Amparo, discrimination or failure of your care, is penalized and all can initiate appropriate legal action for repair. Constitution Section 16, Law Nat 23,592, 24,782 Nac Act, Law 25,280 Nac.
LAW A. .. Request
tax exemption for the purchase of a car. The benefit is a contribution from the State to acquire a vehicle of national industry standard type without optional accessories or adaptive command and spot price for sale to the public, did not exceed 50%. You can also opt for exemption from internal taxes or charges imposed or acquire one unit of foreign origin, the standard model with the mechanism necessary switching and without accessories, the cost is the FOB value is exempt from payment of import duty and excise tax rates including statistics and port service.
LIMITATIONS: Credit disability, certified by the competent health authority, possess the certificate of disability. Prove the date of the application by bank deposit, shareholding, securities holdings or holding real easy to check the similar amount of the value of the vehicle is purchased. Justify having the named beneficiary or their families during the past 12 months immediately preceding the date of the request, monthly not less than 5% of the value of the car to buy. The vehicle purchased under this benefit is not subject to seizure for a period of 4 years in that period, the unit can not be sold, donated, traded, assigned or transferred gratuitously or for consideration, unless there is a reason that justifies it.
STANDARD: Nat Law 19,279, Law and Law Nac Nac 22,499 24,183.
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Retiring with 20 years of service and age 45, when they have served as employees or 50 years as a freelancer.
LIMITATIONS: Prove your disability, certified by the official sanitary authority, have the working capacity reduced by 33% or more. Document have worked the last 10 years immediately preceding the application for retirement in a state of physical or mental decline Being affiliated to the national forecast.
STANDARD: Nat Law 18,037, Article 45 º and 49 º, Section 33 Law No. 18,038 Nac. Nat Law 20,475, 20,888 Nac Law, Law art.25 º 22,431 Nac.
LAW A. .. International Symbol
Own Free Parking.
LIMITATIONS: Being the owner of the unit, unless there is a reason for doing so in the case of minor or novidente. Own disability certificate, issued by the competent health authority.
STANDARD: 19,279 Nac Law Article 12.
LAW A. ..
Apply for exemption from the Motor Patent under current tax legislation.
LIMITATIONS: Being the owner of the dwelling. The vehicle must have the International Symbol of Free Parking. Own disability certificate, issued by the competent health authority. The exemption from payment of the patent is granted in accordance with the provisions contained in the system of National Law 19,279 and the provisions of the codes, laws and / or tax law. The exemption extends to patent a single vehicle, while the recipient retains ownership of the domain only.
STANDARD: Nat Law 19,279, Law Nat 25,280, and the provisions of existing tax codes.
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Full-fledged ability to vote without restrictions and to claim the full access to the necessary adjustments to ensure a smooth cover or obstacles.
LIMITATIONS: I understand Electoral Accessibility: The ability of people with different disabilities to equal comply fully with the duty of citizens. Understood by architectural barriers: The barriers to walkability and displacement in the buildings chosen for the ballot and the dark rooms and the same difficulties of environments inaccessible to voters.
STANDARD: National Constitution Article 37. National Electoral Code Article 94, governing the issuance of the vote, and subsection 2 states that "the blind will be accompanied by the President and prosecutors who want to do, who will retire when the city has established the location of the various ballots and be able to solo practice the choice of their own. " NEC also provides that the President of the Bureau Recipient or any of its members, can assist the voter so that you can reach the fair-dark room, "where are the ballots. Resolution No. 820/06, Ministry of Interior of the Nation-creates the "National Electoral Accessibility", which sets out 15 specific recommendations linked to the electoral process to vote for people with disabilities.
OTHER SOCIAL BENEFITS: - People with disabilities, hearing or speech impairment, may apply to the undertakings providing public telephone service, Public Service and Homecare Telephony for People with Disabilities, Hard of Hearing or Speech, procurement and supply apparatus for use of this service by the user, the cost of this service is equivalent to telephone calls made by conventional home. National Law 24,421. - Vehicles belonging to persons with disabilities are exempt from the tariff rate for the cost of Vehicle Technical Check. The person seeking the exemption must have a Certificate of Disability, certified by the competent authority, document, hold the car, the benefit is for a single unit. The legal framework is established traffic laws, and regulated by different provincial regulations, which specifies that any vehicle designed to travel on public roads is subject to a revised technique. - Persons with disabilities who meet specific requirements may apply for exemption from payment of contributions to Lighting, Sweeping and Cleaning, Lands, Pavements and Sidewalks (in this case, the ABL and / or Council Tax) for this purpose, must prove disability certified by the competent health authority, possess the Certificate of Disability, document ownership, condominium, tenant or beneficiary of the right to use a single property, for housing actually own and occupy the property, in the indus- site of the building's owner, takes a socio-economic report style to the study of an exemption in cases where appropriate and should not hold the same domain or one or more other condominium buildings in urban or rural the national territory, the valuation of the exemption is the rule and determining the Effective Tax Ordinance or the / s Act / s current rate, according to the Provincial District where exemption is requested. - Vehicles belonging to persons with disabilities are exempt from paying tolls on urban highways in the City of Buenos Aires (Highways May 25, Perito Moreno and Arturo Illia) pre-processing step card (Free Pass) for the owner and / or driver of the vehicle, according to the prescriptions of Laws 1893 and 2108 of the Autonomous City of Buenos Aires, published in the Official Bulletin 2569/2007. The person seeking the exemption must have a Certificate of Disability, certified by the competent health authority, as regulated by Law 22431 and / or their respective provincial laws. Document they hold car, have the International Symbol of Free Parking. The benefit is for a single unit. The legal framework is established by law 1893 of the Autonomous City of Buenos Aires, which specifies that "In the City's urban highways where traffic is subject to the payment of a toll will be given a free pass vehicles traveling to International symbol ... "while the beneficiary is a disabled person and the owner of the vehicle.
© 2001-Luis Liendro .- First National awareness campaign, broadcast on the World Wide Web. This information has no right of publication. It can download it from the Web and make copies and share them with other individuals and institutions, long as you source and / or author. Reproduction in whole and / or partial profit. If you consider correct cooperate sponsoring the dissemination of this document.
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