Disability and Social Inclusion in Colombia
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FSC ALTERNATIVE REPORT Advocacy 1 DISABILITY AND SOCIAL INCLUSION IN COLOMBIA Saldarriaga-Concha Foundation Alternative Report to the Committee on the Rights of Persons with Disabilities DISABILITY AND SOCIAL INCLUSION IN COLOMBIA Saldarriaga-Concha Foundation Alternative Report to the Committee on the Rights of Persons with Disabilities Saldarriaga-Concha Foundation the field of disability rights for more than 7 years. Translation to English Carrera 11 # 94 – 02 of. 502 Since 2013. She has worked as a human rights Caroline Peña Bray Bogotá D.C. – Colombia consultant for the United Nations in Colombia, Luis Gabriel Villareal (Easy-to-read section) www.saldarriagaconcha.org particularly in relation to gender and ESCR. Design and layout Executive Director Technical team Gatos Gemelos Comunicación Soraya Montoya González Juan Pablo Alzate Meza, Luisa Fernanda Berrocal Mora, Juan Camilo Celemín Mora, Lina María ISBN (Printed): González Ballesteros, Diana Patricia Martínez 978-958-59203-9-2 Authors Gallego, Ingrid Moreno Perdomo, Norma Constanza Lucas Correa-Montoya Sánchez Camargo, Natalia Valencia López ISBN (Online): Human rights attorney, LL.M in International 978-958-59203-8-5 Legal Studies and Master’s in Urban and Regional Editorial coordination Planning. Fellow of the Open Society Foundations Natalia Valencia López, Lucas Correa Disability Rights Scholarship Program. He has Montoya, María Alejandra Neira Montes worked in the field of disability rights for more than 8 years. Currently Advocacy Officer at the Saldarriaga-Concha Foundation. Editing and proofreading (Spanish) Zulma Garzón Rozo Marta Catalina Castro-Martínez Political scientist and lawyer, Master’s in Administration and Public Policy. She has worked in FSC ALTERNATIVE REPORT Join to the conversation #EnModoIn and #ColombiaIN facebook.com/saldarriagaconcha @SaldarriagaConc youtube.com/funsaldarriagaconcha This work is licensed under Creative Commons Cite as: Attribution-NonCommercial-ShareAlike 4.0 Correa-Montoya, Lucas and Castro-Martínez, Marta Catalina. Unported. (2016). Disability and Social inclusion in Colombia. Saldarria- ga-Concha Foundation Alternative Report to the Committee on Publication of the Saldarriaga-Concha Foundation the Rights of Persons with Disabilities. Saldarriaga-Concha Foun- (FSC), all publications by the FSC are available at the dation Press. Bogotá D.C., Colombia. 160p. website www.saldarriagaconcha.org The contents and positions of the present pub- lication are the sole responsibility of the authors and do not necessarily reflect the position of the Saldarriaga-Concha Foundation, its partners or its financial backers. FSC ALTERNATIVE REPORT 4 TABLE OF CONTENTS Acronyms and abbreviations 6 Article 7 Children with disabilities 41 Executive Summary 8 Article 8 Easy-to-read section 17 Awareness-raising 45 Introduction 25 Article 9 The Colombian context in relation Accessibility 49 to persons with disabilities 30 Article 11 Situations of risk and I. Purpose and general obligations humanitarian emergencies 54 of the Convention Article 12 Article 2 Equal recognition before the law 62 Definitions 35 Article 19 Living independently and being II. Specific human rights included in the community 66 Article 5 Article 24 Equality and non-discrimination 38 Education 69 FSC ALTERNATIVE REPORT 5 Article 25 Organizations that subscribe to the report 103 Health 76 Bibliography 115 Article 26 Annex 121 Habilitation and rehabilitation 82 Article 27 Work and employment 85 Article 28 Adequate standard of living and social protection 91 Article 29 Participation in political and public life 96 III. Special obligations Article 31 Statistics and data collection 99 Acronyms and abbreviations Acronym Meaning ANSPE National Agency for Overcoming Extreme Poverty APM Anti-personnel Mines CBR Community-Based Rehabilitation CEDAW Convention on the Elimination of all Forms of Discrimination Against Women CIPI Intersectoral Commission for Comprehensive Early Childhood Care CND National Council on Disability CONPES National Council for Economic and Social Policy CRPD Convention on the Rights of Persons with Disabilities DAICMA Department for Comprehensive Action Against Antipersonnel Mines DANE National Administrative Department of Statistics DGU Data Generating Units DNP National Planning Department DPS Department for Social Prosperity ECLAC Economic Commission for Latin America and the Caribbean EHO World Health Organization FSC Saldarriaga-Concha Foundation GDP Gross Domestic Product ICBF Colombian Family Welfare Institute ICETEX Colombian Institute for Educational Credit and Technical Studies Abroad ICONTEC Colombian Institute of Technical Standards and Certification ICT Information and Communications Technology IDB Inter-American Development Bank IED Improvised Explosive Device ILO International Labour Organization FSC ALTERNATIVE REPORT 7 Acronym Meaning MEN Ministry of National Education MinTIC Ministry of Information Technology and Communications MSME Micro, small and medium enterprises MSPS Ministry of Health and Social Protection NCHM National Center for Historical Memory NTC Colombian Technical Standard OAS Organization of American States OECD Organization for Economic Co-operation and Development ONIC National Indigenous Organization of Colombia PAICMA Program for Comprehensive Action against Antipersonnel Mines PAIS Comprehensive Health Care Policy PAPSIVI Program for Psychosocial Care and Comprehensive Health for Victims POS Obligatory Health Plan RIA Comprehensive Services Route RIPS Register of Individual Health Services RLCPD Registry for the Localization and Characterization of Persons with Disabilities RNI National Information Network RUV Unique Register of Victims SENA National Learning Service SIM Mission Information System SIMAT Integrated Enrollment System SITP Integrated Public Transport System SND National Disability System SNIES National Information System of Higher Education SPE Public Employment Service UARIV Unit for Attention and Reparation of Victims UN United Nations UNAFA Units for the Support and Strengthening of the Family UNDP United Nations Development Programme UNHCR Office of the United Nations High Commissioner for Refugees USAID United States Agency for International Development UXO Unexploded Ordnance Executive Summary Colombia is a Latin American middle-income country that in 2014 registered an estimated population of 48 million, a life expectancy at birth of 74 years, and a gross domestic product (GDP) of 377.7 billion US dollars, with the percentage of the population below the poverty line sitting at 28.5%1. It is difficult to know the exact number of persons with disabilities in the country. While the 2005 Census showed that 6.4% of the Colombian population had some form of disability (close to 3 million people), various social organizations and the Colombian Constitutional Court have estimated that the number of Colombian persons with disabilities may represent 15% of the population (close to 7.2 million people). 2 The 2005 Census In terms of understanding disability, the social model and the rights-based showed that 6.4% of the approach have led to significant advances in recent decades. Colombia is a Colombian population state in which persons with disabilities enjoy the special protection of their has some type of human rights within the constitutional and legal framework, which was supplemented and reinforced in 2011 by the ratification and incorporation disability (about 3 million into the domestic legal order of the Convention on the Rights of Persons with people), however, it is Disabilities (CRPD).3 With the CRPD the Colombian state has been obliged possible to estimate that to transform the imaginaries, practices and regulations found to contradict the figure for persons with international human rights law. In turn, it has become responsible for the disabilities is greater than design, implementation and evaluation of public policies respectful of diversity that effectively include persons with disabilities and seek to protect, respect and 15% (about 7.2 million) fulfill their human rights. Thanks to the impulse provided by this international treaty, the Colombian state has strengthened its perspective regarding disability and its social inclusion as a complex social phenomenon, seeing it as a human rights issue and not simply a matter of public health or rehabilitation, as it had previously been understood in national public policy. Footnote 1 World Bank Data, Colombia. http://data.worldbank.org/country/colombia 2 Cf. Colombian Constitutional Court, Order 006 of 2009 on the special constitutional protection of the victims of forced displacement with disabilities; and Order 173 of 2014. 3 The CRPD was approved by the Congress of the Republic through Law 1346 of 2009, its constitutionality was declared by the Constitutional Court through Decision C-293 of 2010, and finally, the ratification ended on May 10, 2011 with the formal deposit of the international treaty in the United Nations. FSC ALTERNATIVE REPORT 9 Colombia has made important progress in reforming various laws and policies contrary to the CRPD, as well as issuing new regulations consistent with international standards, notably Law 1618 of 2013. In addition, the country now has a National Disability and Social Inclusion Policy, which it adopted in 2013 through CONPES 166, a document developed in a participatory manner along with persons with disabilities, their representative organizations and their families. This document is centered on the CRPD