United Nations CRPD/C/ECU/1
Convention on the Rights Distr.: General 5 June 2013 of Persons with Disabilities English
Original: Spanish
Committee on the Rights of Persons with Disabilities Consideration of reports submitted by States parties under article 35 of the Convention
Initial reports of States parties due in 2008
Ecuador*
[8 September 2011]
* In accordance with the information transmitted to States parties regarding the processing of their reports, the present document was not edited before being sent to the United Nations translation services. GE.13-44356 (EXT) *1344356* CRPD/C/ECU/1
Contents Paragraphs Page Introduction...... 1–13 3 General provisions of the Convention...... 14–489 5 I. Articles 1 to 4...... 14–52 5 II. Article 5. Equality and non-discrimination ...... 53–62 12 III. Article 8. Awareness-raising...... 63–77 13 IV. Article 9. Accessibility...... 78–89 15 V. Article 10. Right to life ...... 90–93 17 VI. Article 11. Situations of risk and humanitarian emergencies...... 94–101 18 VII. Article 12. Equal recognition before the law...... 102–111 19 VIII. Article 13. Access to justice...... 112–123 21 IX. Article 14. Liberty and security of the person...... 124–131 23 X. Article 15. Freedom from torture or cruel, inhuman or degrading treatment or punishment...... 132–134 24 XI. Article 16. Freedom from exploitation, violence and abuse...... 135–171 25 XII. Article 17. Protecting the integrity of the person ...... 172–187 31 XIII. Article 18. Liberty of movement and nationality ...... 188–192 33 XIV. Article 19. Living independently and inclusion in the community ...... 193–206 34 XV. Article 20. Personal mobility ...... 207–222 36 XVI. Article 21. Freedom of expression and opinion, and access to information...... 223–237 39 XVII. Article 22. Respect for privacy ...... 238–241 41 XVIII. Article 23. Respect for home and the family...... 242–257 41 XIX. Article 24. Education ...... 258–315 44 XX. Article 25. Health...... 316–358 53 XXI. Article 26. Habilitation and rehabilitation...... 359–377 58 XXII. Article 27. Work and employment...... 378–434 61 XXIII. Article 28. Adequate standard of living and social protection ...... 435–451 69 XXIV. Article 29. Participation in political and public life ...... 452–466 71 XXV. Article 30. Participation in cultural life, recreation, leisure and sport...... 467–489 74 Specific situation of children and women with disability ...... 490–526 78 I. Article 6. Women with disability ...... 490–501 78 II. Article 7. Children with disability...... 502–526 79 Specific obligations...... 527–578 82 I. Article 31. Statistics and data collection ...... 527–534 82 II. Article 32. International cooperation...... 535–561 84 III. Article 33. National implementation and monitoring...... 562–578 88
2 GE.13-44356 (EXT) CRPD/C/ECU/1
Introduction
1. Specific services for persons with disabilities in Ecuador began over half a century ago, on the initiative of the parents of persons with disabilities who, seeking solutions to their children’s problems, discovered new forms of care in the developed countries. Implementing such care in the country called for the creation of private organizations offering specialist services in response to the growing demand, especially in the areas of health care and education. 2. The following are some of the major events in recent decades: • Between the 1940s and 1960s there was structured and systematic involvement of government agencies in the creation of the first special schools, beginning in the cities of Quito, Cuenca and Guayaquil. • Adopted in 1965, the first Blind Persons Act was, for Latin America, a pioneering legislative act in relation to persons with disabilities. • In the 1970s, thanks to a favourable economic situation boosted by petroleum resources, the public sector implemented significant steps in the fields of education, health care and social welfare. This led to the creation of laws, regulations, services and technical and administrative bodies, including: • The National Professional Rehabilitation Board, established in 1973 for the analysis, assessment, occupational training and labour market integration of persons with disabilities. A separate decree allowed for specially adapted vehicles for persons with physical disabilities to be imported tax free. • The General Education Act of 1977 stated that special education was the responsibility of the State. • The Special Education Unit was created in April 1979 as a technical and regulatory body for that type of education. • Subsequently, in 1980, the National Rehabilitation Division was set up within the Ministry of Public Health, to organize and implement physical medicine and rehabilitation services in the various medical units of the national health system in a number of the country’s provinces. This broadened the health care coverage, which social security medical units had previously provided only to those affiliated to the system. • The Protection of Persons with Disabilities Act became law in 1982, creating the National Directorate for the Comprehensive Rehabilitation of Persons with Disabilities under the authority of the Ministry for Social Welfare. The Directorate was entrusted with the national coordination and control of efforts on behalf of persons with disabilities in Ecuador. That Act abolished the National Professional Rehabilitation Board and made available the trained staff and five operational units managed by the Ministry to provide direct support to persons with disabilities in relation to protection, special education, occupational training and labour market integration. 3. Also in 1982, a number of rehabilitation centres and special schools were established in the private sector, under the National Institute for Children and the Family and other national non-governmental organizations (NGOs). The best known of them included ASENIR, FASINARM, SERLI, ADINEA, the General Ecuadorian Foundation, the Hermano Miguel Foundation, CEBYCAM, FUNAPACE and Olimpiadas Especiales (Special Olympics).
GE.13-44356 (EXT) 3 CRPD/C/ECU/1
• In 1989, an inter-agency committee was created to analyse the situation of disabilities in Ecuador. • In 1991, on the initiative of the National Institute for Children and the Family and the Ministries of Health, Education and Social Welfare and through multidisciplinary and inter-agency efforts, the first National Plan on Disabilities was published. • The efforts undertaken in Ecuador over the aforementioned period were well intentioned but disorganized, with duplication of efforts and dispersion of resources. Combined with the country’s economic crisis, these problems sharply reduced the availability of services designed for persons with disabilities. • The Disabilities Act (Act No. 180), which was published on 10 August 1992 in Official Gazette No. 996, promotes an inter-agency rights-based approach to persons with disabilities and established the National Council on Disabilities (CONADIS) as an autonomous body to govern the country’s responses to people with disabilities. It has a legal mandate to make policy, coordinate activities in the public and private sectors and conduct research on disabilities. • In the 1990s, CONADIS conducted concrete activities countrywide, particularly in relation to the implementation of general and sectoral policies, regulations on special benefits, and defining ministries’ sectoral areas of competence; promotion and strengthening of organizations of persons with disabilities through four national federations: the National Federation of Persons with Physical Disabilities (FENEDIF), the National Federation of the Blind (FENCE), the National Federation of the Deaf (FENASEC) and the Federation of Parents and Friends of Persons with Mental Disabilities (FEPAPDEM), as well as the creation of the Federation of Non-Governmental Organizations Working in the Area of Disabilities (FENODIS); training of persons with disabilities and of professionals involved in this field; community awareness and information on the subject; and the establishment of mechanisms to coordinate public- and private-sector bodies. • In 2001, the United Nations awarded the Franklin Delano Roosevelt International Disability Award to Ecuador for its outstanding work on disabilities, making it the first Latin American country to receive that distinction. Its intersectoral and inter-agency efforts had achieved significant progress in dealing with disability issues and it has been taken as an example by a number of countries of Latin America and the Caribbean, thanks to the support of the Ibero-American Network for Technical Cooperation on Disabilities, the Queen Sofia Royal Foundation for the Disabled (Spain) and a number of United Nations bodies. 4. CONADIS has worked in recent years to motivate and coordinate all sectors of the community for activities in the thematic areas of prevention, care and integration, in order to prevent disabilities and improve living conditions for persons with disabilities through the execution of the second National Plan on Disabilities, published in 2005. Ecuador is currently preparing the National Agenda for Equality in Disability 2010–2013, an instrument which is in line with the Convention on the Rights of Persons with Disabilities, the current Constitution and the National Plan for Good Living and which sets out the Government’s policy orientation, integrating the shared demands of persons with disabilities and broad, comprehensive strategies for responding in the short and medium terms to the needs of this important sector of the population and those of society as a whole. 5. In order to carry out that task and work to protect the rights of persons with disabilities, the Manuela Espejo Solidarity Mission was set up, named after the country’s first female nurse.
4 GE.13-44356 (EXT) CRPD/C/ECU/1
6. From July 2009 to November 2010, using georeferencing techniques, Ecuadorian and Cuban doctors and specialists belonging to that Mission located 294,166 persons with physical, mental, intellectual and hearing disabilities, household by household and case by case. 7. Some 1,286,331 households were visited and 825,576 medical consultations took place, in 221 cantons in all of the country’s 24 provinces. 8. In addition, technical assistance, medical supplies and medicines were provided in 77,000 cases. The supplies included wheelchairs, special toilet seats, canes, walkers, mattresses and kits to prevent pressure sores, which were provided to a total of 23,947 persons with disabilities. 9. For 2011, jointly with the Ministry of Housing, there are plans to complete the construction of the first 2,500 homes for persons with disabilities in critical situations, thanks to an investment by the Ministry and the Office of the Vice-President. 10. The reality discovered by the Mission was complex: persons with severe physical or mental disabilities living in inhuman conditions or left alone by their family members during their long work days because the relatives’ social and financial situations prevented them from providing the necessary care. 11. The Joaquín Gallegos Lara Mission was founded to care for Ecuadorian nationals who are unable to look after themselves. It is named after the disabled author of the novel Las Cruces sobre el Agua (Crosses on the Water), who campaigned for the most humble and marginalized population groups. 12. In 2010, 2,451 beneficiaries of the programme were identified; they are already receiving their vouchers through the National Development Bank. The target for 2011 is to reach approximately 15,000 persons with severe disabilities in critical situations identified by the Mission, with a total investment approaching US$ 38 million. 13. Jointly with the Ministry of Labour Relations and the universities, the Office of the Vice-President produced the first national register on the employment integration of persons with disabilities. This research project, conducted between November 2009 and November 2010, collected statistical data from all the country’s private businesses which were in compliance with the Act amending the Labour Code, whereby enterprises must ensure that at least 4 per cent of their workforces are persons with disabilities and also set an updated baseline on the inclusion of persons with disabilities in the labour market.
General provisions of the Convention
I. Articles 1 to 4
A. Definition of disability used to collect the data being analysed, which impairments have been encountered, and the conceptualization of “long-term”
14. Since the Constitution contains no definition of disability, reference is made to the implementing regulations of the Disabilities Act, article 3 of which states that a person is to be considered as having a disability if he or she, as a result of one or more physical, intellectual or sensory impairments, either congenital or acquired in a manner expected to be permanent, is limited by at least 30 per cent in the performance of his or her habitual
GE.13-44356 (EXT) 5 CRPD/C/ECU/1
functions or activities, in terms of the ability to conduct an activity within the range considered as normal. 15. Since 1992, even before the entry into force of the Convention, the definition of persons with disabilities had already been covered by a number of legal instruments such as the Disability Act and its implementing regulations. 16. In defining disability, account is taken of the definition provided by the World Health Organization (WHO), which states that disability is a restriction or lack of ability to carry out an activity in the way or within the margin considered normal for a human person. The severity of such limitations is therefore the fundamental criterion in defining disability. 17. The Ecuadorian Social Security Institute, which is responsible for the provision to affiliated persons of benefits from the compulsory universal social security system, uses the following definition of a disabled person: “an insured person shall be considered as disabled if he or she, through illness or physical or mental impairment, is incapacitated in terms of obtaining, through employment appropriate for his or her ability, strength and theoretical and practical training, remuneration at least equivalent to half the usual remuneration received by a healthy worker in similar employment conditions”.1 18. Although these definitions of invalidity and disability are in compliance with the criteria set out by WHO, Ecuador is considering bringing its definitions into line with the Convention through one of the general provisions of a proposed law on Equality Councils.
B. Ways and means by which the domestic law defines and understands the concepts provided in articles 1 and 2 of the Convention, and in particular any laws, regulations, social customs or practices that discriminate on the ground of disability
19. Under the Constitution, the primordial duty of the State is “to guarantee without any discrimination the effective enjoyment of the rights established in the Constitution and in international instruments” (art. 3, para. 1). 20. Article 10 of the Constitution states that “persons, communities, peoples, nationalities and collectives are entitled to and shall enjoy the rights guaranteed in the Constitution and in international instruments”. Article 11, paragraph 2, referring to the exercise of rights, stipulates that “all persons are equal and shall enjoy the same rights, duties and opportunities” and that “no person may be discriminated against on grounds of [...] disability [...]. The State shall adopt measures of affirmative action to promote real equality for the holders of rights who are in situations of inequality”. 21. Articles 1 to 3 of the Disabilities Act, which relate to its scope, principles and goals, respectively, establishes the system of disability prevention and support for and integration of persons with disabilities to guarantee their development and prevent them from suffering any kind of discrimination, including gender-based discrimination. The objectives of the Act include full recognition of the rights of persons with disabilities; the elimination of all forms of discrimination on grounds of disability and penalties for any person contravening that prohibition, guaranteeing equal opportunities to play a role equivalent to that of other persons and equitable participation by men and women in decision-making and leadership positions. Article 19 refers to various types of accessibility to prevent discrimination against persons with disabilities and article 21 relates to the protection of rights.
1 Article 4 of Resolution CD 100 of 21 February 2006, the same one used by ILO.
6 GE.13-44356 (EXT) CRPD/C/ECU/1
22. Presidential Decree No. 338, of 23 May 2007, established the State policy of disability prevention and support for and rehabilitation of persons with disabilities. Article 2 provides for priority and preferential application and execution of the “Ecuador without Barriers” programme, coordinated by the Office of the Vice-President in collaboration with the Ministry of Labour and Employment (Ministry of Labour Relations), the National Technical Secretariat for Human Resources Development and Remunerations in the Public Sector (SENRES), CONADIS, the Ecuadorian Professional Training Service (SECAP) and the National Council for Professional Training and Instruction. The philosophy of the “Ecuador without Barriers” programme is to promote the inclusion of persons with disabilities in society and ensure that they can enjoy their rights; it seeks to raise awareness in Ecuadorian society of the realities of the country’s most vulnerable population group.
C. Ways and means by which the State party defines and understands the concept of “reasonable accommodation”, and the requirement of “disproportionate and undue burden”, providing examples
23. The Constitution understands the concept of reasonable accommodation to mean actions taken so that persons with disabilities can have the same opportunities to develop their potential, enjoy their free time and leisure activities and exercise paid and productive activities free from any kind of barrier, be it architectural, ideological in the form of discrimination, or other. This is in accordance with the National Plan for Good Living 2009–2013, part of the National Development Plan. 24. Article 3 (e) of the Disabilities Act guarantees equality of opportunities in that it requires adaptations to be made to compensate for the disadvantages resulting from a disability, some of which are detailed in article 4.
D. Manner in which the general principles and obligations established under articles 3 and 4 of the Convention have been implemented, and how the State intends to ensure their effective realization, in particular the principle of promotion of the full realization of the rights under the Convention without discrimination based on disability as provided under article 4, providing examples
25. The Constitution considers persons with disabilities as a group requiring priority attention (see annex I, Rights of persons with disabilities under the Constitution). 26. An example of the recognition of the rights of persons with disabilities is SENRES Resolution 2008-00006, which states that, when staff are selected for public-sector jobs, the full exercise of the rights of citizens with disabilities must be safeguarded through actions to ensure equal participation. “When evaluating the person’s level of education, the recruitment panel shall add 20 points to the total score achieved by any competitor with a disability of any kind prior to delivery of the card issued by CONADIS. This provision shall be applied until persons with disabilities make up 4 per cent of the total staff of public-sector institutions and entities.” 27. Another example of the recognition of Convention rights is the measures applied within the Armed Forces, where all personnel with disabilities can participate in the work, social and family spheres with guaranteed equality of conditions and opportunities, respect for dignity, non-discrimination and accessibility as provided for by the Constitution, the Convention, and laws and regulations whether general or specific to the Armed Forces.
GE.13-44356 (EXT) 7 CRPD/C/ECU/1
28. Financial help is provided to local government to eliminate obstacles and improve physical accessibility and for the creation of early-learning and functional rehabilitation units for population groups located far from the major cities. Technical assistance, medicines and supplies are provided free of charge to persons with disabilities with low incomes; an example of this was a project to create and operate 80 early-learning classrooms throughout the country. As of December 2008 those units had served 1,888 children aged under 5 years and provided care in 30,650 instances. 29. In response to the needs of Armed Forces personnel, accessibility and mobility have been improved and obstacles have been removed for the personnel themselves and for persons with disabilities in general. 30. At the Army Polytechnic School, a library for the blind has been created and there is a specially adapted vehicle to transport wheelchair users. 31. National Police premises have been adapted to improve mobility in areas including open spaces, access to buildings and workspaces.
E. Disaggregated and comparative statistical data on the effectiveness of specific anti-discrimination measures and the progress achieved towards ensuring equal realization of each of the Convention rights by persons with disabilities including a gender- and age-based perspective
32. The Manuela Espejo Solidarity Mission is a scientific and medical study to determine the causes of disabilities and the situation of persons with disabilities from the biopsychosocial, clinical and genetic viewpoints in order to design genuine State policies covering multiple areas such as health care, education and social well-being. At the countrywide level, the following results have been achieved to date through the Mission.
Result Persons
Households visited 1 286 331 Persons studied 294 166 Medical care given 825 576 Genetic consultations 21 062 Specialist consultations 35 257 Critical cases 26 327 Technical assistance provided 40 200
33. The Mission concludes that there are 2.43 persons with disabilities for each 100 inhabitants in the statistical universe visited. 34. All the persons with disabilities receive home visits and georeferencing data are collected; support is provided to all family members requiring it. The visits begin in the most remote areas and urban areas are covered last. 35. The survey determines people’s needs in terms of rehabilitation, medical treatment, technical assistance, labour market integration, educational inclusion and general and special protection.
8 GE.13-44356 (EXT) CRPD/C/ECU/1
F. Information on which Convention rights the State party has endeavoured to implement progressively and which it has committed to implement immediately; impact of the latter measures
36. Ecuador guarantees the right to work for all persons with disabilities through affirmative measures which ensure their access to the labour market in conditions which ensure respect for all the relevant rights. 37. Among the measures implemented was the adoption in 2006 of the Labour Code Reform Act, which provides that public-sector bodies and institutions and private-sector businesses must include a certain percentage of persons with disabilities among their personnel. That percentage was gradually increased, reaching 4 per cent in 2010. 38. Article 42 (33) of the Act provides for penalties in cases of failure to comply with this requirement.2 39. Also in the field of employment law, through the Labour Market Integration Service, sponsored by national federations of and for persons with disabilities, the Government has since September 2006 been helping persons with disabilities to find work in the cities of Quito and Guayaquil; since March 2009 in Machala, Babahoyo, Portoviejo and Cuenca; and since April 2010 in Santo Domingo de los Tsáchilas and Ibarra. 40. Between 13 September 2006 and 18 June 2010, at the countrywide level, 4,654 persons with disabilities (3,246 men and 1,364 women) were integrated into the labour market. This involved 2,548 employers hiring persons with disabilities: 2,362 in the private sector, 137 in the public sector and 20 in joint-venture companies. 41. Through the Office of the Vice-President, the authorities are currently conducting a project to create the first national register of the labour market integration of persons with disabilities, the basic goal of which is to give a clear picture of their working lives. This will serve as a basis for introducing measures to improve their living conditions through advancement and integration in the labour market. The ultimate objective is to conduct a nationwide survey of 7,077 private businesses with 25 workers or more. The first phase of the survey will be conducted in Pichincha province, the second in Guayas, Azuay, Tungurahua, Cotopaxi, Napo and Pastaza, which have the greatest concentrations of businesses, and the third will cover the rest of the country. 42. As for the right to enjoyment of public spaces, Ecuador recognizes the need to adopt measures enabling low-income persons with disabilities to acquire or enjoy the necessary technical assistance to exercise that right effectively. Within the “Ecuador without Barriers” programme, supplies were delivered during the two phases of a project to provide technical assistance to low-income persons with disabilities, including wheelchairs, canes, crutches, mattresses and cushions to prevent pressure sores, kits for blind people, posture chairs for children with cerebral palsy and medicines and medical supplies. The effective provision of technical assistance to persons with disabilities who needed it resulted in reinforcement of their residual functions, contributing to improved quality of life and greater opportunities
2 “Any employer failing to comply with the provisions of this clause shall be penalized with a monthly fine equivalent to 10 times the unified basic minimum wage of general workers. In the case of State-owned businesses and entities, the employer concerned shall be penalized administratively and also with an amount equal to his or her basic wage, a fine and sanction to be imposed by the Director of Personnel until the obligation is complied with. Half of the amount accruing from the fine shall be paid into the account of the Ministry of Labour and Employment and shall be used for strengthening that Ministry’s supervision and monitoring systems through its Disability Unit; the other half shall be paid to the National Council on Disabilities (CONADIS) for the implementation of the specific goals provided for in the Disabilities Act.”
GE.13-44356 (EXT) 9 CRPD/C/ECU/1
for inclusion. Technical assistance was provided to 6,227 persons with disabilities during the first phase and to 4,771 persons during the second, in 2007 and 2008 respectively. 43. Another measure to bring about full enjoyment of the right to enjoy the physical environment was the adoption and implementation of a three-phase project to support local management in the area of disabilities. Some 222 municipalities and seven provincial councils took part in the areas of the project: the creation of 99 basic rehabilitation units and 130 units for the elimination of architectural obstacles.
G. Degree of involvement of persons with disabilities including women, boys and girls with disabilities in the development, implementation and evaluation of legislation and policies to introduce the Convention; diversity of persons with disabilities who have been involved in these processes with a gender- and age-based perspective
44. The Disabilities Act and its implementing regulations were the result of several years of experience and studies in the area of disabilities. The earlier laws on which this Act was based were the Blind Persons Act, initially, followed by the Disabled People’s Protection Act. 45. Persons with disabilities are represented by five federations: FENASEC, FENCE, FENEDIF, FEPAPDEM and FENODIS. Their chief executives have the same status in terms of voice and vote as Ministers of State in determining the country’s actions in the field of disability. 46. Information collected by the State in 2009 in an organizational analysis of national federations of and for persons with disabilities shows that women with disabilities make up 46 per cent of the members of the federations’ affiliated associations and the remaining 54 per cent are men. 47. Five plans of action were adopted in 2009, to be implemented by mainstreaming the issues in the agendas of the executing ministries. The plans comprise priority projects of various types to be put in practice by the federations in 2010–2013, in areas such as education, culture, training, organizational and institutional strengthening, labour, technical assistance and training, sport and recreation, promotion and awareness-raising in relation to the rights of persons with disabilities, infrastructure and security. 48. Ecuador maintains an annual budget to support the five national federations of and for persons with disabilities, providing each of them with US$ 10,000 per year from 2007 to 2009. In 2010, US$ 20,000 will be provided to fund the projects of each federation. 49. In relation to the financial transfers from the State to the federations, the following were implemented in 2009: • FENCE: a project on the governance of FENCE and its affiliates, with a budget of US$ 10,000. The beneficiaries were 30 affiliated organizations of persons with visual impairments at the national level, comprising 50 per cent of either sex. • FENEDIF: a project to strengthen the management of the Labour Market Integration Service (SIL), with a budget of US$ 10,000. This benefited persons with disabilities, their families, local businesses in the towns concerned and affiliated organizations. Men and women were represented equally. • FENASEC: a project to strengthen the federation’s associative structure, with a budget of US$ 10,000. The beneficiaries were 18 organizations representing deaf
10 GE.13-44356 (EXT) CRPD/C/ECU/1
people and their families at the countrywide level, with equal representation of both sexes. • FEPAPDEM: an institution-building project for 2009 with a budget of US$ 10,000. This benefited the parents of persons with intellectual disabilities and young self-advocates belonging to 34 affiliated bodies, with 30 per cent men and 70 per cent women. • FENODIS: A project to strengthen FENODIS in 2009, with a budget of US$ 10,000. Phase 1 was an elective general meeting and phase 2 involved the creation of working groups. The beneficiaries were 54 affiliated NGOs at the national level. The members of the federations comprised equal numbers of men and women.
H. Information on whether the State has measures that provide higher levels of protection of the rights of persons with disabilities than those included in the Convention, in line with paragraph 4 of article 4
50. Ecuador considers that a change of society is needed so that persons with disabilities can fully exercise their rights. With a view to eliminating the various forms of discrimination against persons with disabilities, the authorities launched a multimedia publicity campaign emphasizing respect for their rights and guarantees. 51. At the same time, 2009 saw a reform of the Criminal Code which added provisions to define and penalize the public dissemination of acts of moral or physical violence or incitement of hatred, contempt or any other form of moral or physical violence on grounds of disability. Those provisions are contained in the following: Article 1 (replaced by article 5 of an untitled Act, Official Gazette No. 555-S, 24 March 2009) provides for prison sentences of six months to three years for any person who publicly, or through any medium suitable for public dissemination, incites hatred, contempt or any kind of moral or physical violence against one or more persons on grounds of their skin colour, race, sex, religion, national or ethnic origin, sexual identity or orientation, age, marital status or disability. Article 2 (replaced by article 5 of an untitled Act, Official Gazette No. 555-S, 24 March 2009) provides for prison sentences of six months to two years for any person who commits acts of moral or physical violence or of hatred or contempt against one or more persons on grounds of their skin colour, race, sex, religion, national or ethnic origin, sexual identity or orientation, age, marital status or disability. Should the acts of violence referred to in this article result in an injury to any person, the prison sentence is two to five years; if they result in the death of any person it is increased to 12 to 16 years. Article 3 (replaced by article 5 of an untitled Act, Official Gazette No. 555-S, 24 March 2009) provides for prison sentences of between one and three years for any person who, in the course of his or her professional, commercial or business activities, refuses to provide to a person a service or benefit to which he or she is entitled or excludes a person or denies, infringes upon or restricts the rights enshrined in the Constitution, on grounds of that person’s skin colour, race, religion, national or ethnic origin, sexual identity or orientation, age, marital status or disability.
GE.13-44356 (EXT) 11 CRPD/C/ECU/1
I. Information on how it has been ensured that the provisions of the Convention extend to all parts of the States, without any limitation or exception, in the case of federal or very decentralized States
52. Ecuador is a constitutional State of rights and justice, unitary and organized as a Republic, and has a decentralized government (article 1 of the Constitution). Public policies adopted in the area of disabilities are applied and evaluated throughout the country’s territory.
II. Article 5 Equality and non-discrimination
53. This article recognizes that all persons are equal before the law and are entitled without any discrimination to the equal protection and equal benefit of the law.
A. Information on whether persons with disabilities are able to use the law to protect or pursue their interests on an equal basis to others
54. In accordance with the country’s international obligations on non-discrimination, the national legal system (articles 1 to 3 of the Disabilities Act, in harmony with article 11, paragraph 2, article 47, and article 66, paragraph 4, of the Constitution) recognizes the right to formal and real equality and the obligation to prohibit discrimination on grounds of disability. 55. The municipality of the Metropolitan District of Quito has created a participatory council to deal with matters relating to disabilities (Ordinance No. 051, adopted on 7 June 2001) and to adopt public policies on subjects such as promotion, upholding rights, equality and non-discrimination in respect of persons with disabilities within the jurisdiction of the city. The municipality also has a unit to protect the rights of persons with disabilities, defending their rights and ensuring that they are upheld equally.
B. Effective measures taken to guarantee to persons with disabilities equal and effective legal protection against all types of discrimination, including the provision of reasonable accommodation
56. Article 11, paragraph 2, of the Constitution prohibits all forms of discrimination, including that which is motivated by disability. Should these rights be violated, there are constitutional and legal mechanisms to ensure compliance, including the judicial safeguards established in the Constitution. 57. Aside from the Constitution, victims of discrimination may have recourse to the criminal law in response to hate crimes listed in the Criminal Code. 58. The Disabilities Act penalizes discrimination in the following terms (art. 21): “Any person who suffers discrimination because of his or her status as a person with a disability or a threat to the exercise of his or her rights enshrined in this Act may, before entering a complaint or at any stage of the trial, apply to a civil court for preventive and precautionary measures, which will, if appropriate, be processed in accordance with [...] of the Code of Civil Procedure for: (a) Immediate cessation of the discriminatory behaviour; and
12 GE.13-44356 (EXT) CRPD/C/ECU/1
(b) Any other measure which prevents the continuing violation of rights.” [...] “In proceedings based on this area of law, if it is verified that there has been discrimination or a violation of the rights of persons with disabilities, the civil court may impose a fine of US$ 250 to US$ 5,000 [...], as part of its verdict in the case.” 59. To give effect to the legislative measures for the protection of persons with disabilities, there are certain public bodies which offer specialized legal assistance to people whose rights have been violated. For example, the Human Rights Department of the Ministry of Defence, the social welfare departments of the Armed Forces and the Armed Forces Social Security Institute provide legal assistance to persons with disabilities. Similarly, the Ministry of Justice, Human Rights and Religion has an office for citizenship issues which provides legal advice to victims of discrimination on grounds of disability. In the case of hate crimes, the Public Criminal Defence Unit is responsible for providing legal assistance to any persons with disabilities who have been the victims of such crimes and cannot afford to pay for their own legal representation.
C. Policies and programmes, including affirmative action measures, to achieve de facto equality of persons with disabilities, taking into account their diversity
60. On 7 July 2008, Executive Decree No. 1188 declared an emergency in the system of disability prevention, support and provision of technical assistance and medical supplies, health services, training and accessibility through the improvement and implementation of public infrastructure; in the process of assessment, registration and identification of persons with disabilities; and generally in all sectors working in, conducting and executing disability programmes. 61. The Office of the Advocate for Persons with Disabilities of CONADIS, as an affirmative-action measure to ensure compliance with the rights of persons with disabilities and guarantee that they would enjoy equal status, has taken action in relation to the administration of the justice system in a variety of areas of law, such as civil and criminal law, transit, childhood and the family, revenue and employment. It has been carrying out these functions since March 2007 at the national level. Pursuant to Resolution No. 025 of 22 May 2007, published in Official Gazette Supplement 252-I-2008, the purpose of the Office of the Advocate for Persons with Disabilities is to provide legal defence for the rights of persons with disabilities. 62. For affirmative action in the area of employment, see also the paragraphs relating to article 27.
III. Article 8 Awareness-raising
63. This article establishes the obligation of States parties to conduct effective awareness raising policies to promote a positive image of persons with disabilities. The report should contain information on the measures taken to raise awareness of persons with disabilities, to foster respect for their rights and dignity, their capabilities and contributions, and to combat stereotypes, and prejudices against them.
GE.13-44356 (EXT) 13 CRPD/C/ECU/1
A. Public awareness campaigns directed to general society, within the education system and actions undertaken through mainstream media
64. CONADIS has conducted a three-phase programme to support local management in the area of disabilities, comprising 241 investment projects. There were 101 in 2007 and 92 in 2008, and in 2010 there were 48 current projects to be concluded by 20 September. These projects have included a component to promote knowledge and awareness of persons with disabilities, accessibility of the physical environment and creation of basic rehabilitation units. 65. Under this campaign, each municipality (241 in all) is required to create an awareness-raising plan including themes relating to the rights and responsibilities of persons with disabilities; prevention; creation and dissemination of ordinances on accessibility; and establishment of basic rehabilitation units. 66. A project on citizen involvement and participatory budgeting was conducted in 2009, to disseminate and raise public awareness of regulations and legislative provisions on citizen involvement and participatory budgeting in local government with emphasis on priority target groups, which include persons with disabilities. Direct participants included 1,594 representatives of organizations of and for persons with disabilities, public and private bodies from 22 of the country’s provinces (excepting Galápagos and Santa Elena). Around 40 per cent of them were women and 60 per cent men. 67. Another measure to raise public awareness of the rights of persons with disabilities was the publication and distribution of informative materials (such as books, booklets, leaflets and posters), which were disseminated in the provinces countrywide. A number of radio campaigns have also been conducted to promote institutions working to protect the rights of persons with disabilities. 68. Recognizing the importance of the media in raising awareness and eradicating discrimination on grounds of disability, the authorities coordinate efforts with various media to create spaces for interviews, reports and other weekly media coverage in the press and on radio and television. 69. Ecuador considers that training is essential in many public- and private-sector areas in order to publicize and promote the rights of persons with disabilities. Training was provided in 2008 and 2009 to postgraduate students in public health and psychology at the Central University of Ecuador, on subjects including disability, the rights of persons with disabilities and the provisions of the Convention. Some 300 students and 260 professionals were trained in aspects of labour market integration not only for persons with disabilities but also for social-work students. 70. Leaflets, posters and a model lecture were designed for presentation to students in the penultimate year of secondary education and the teachers who provided their counselling, in girls’ and boys’ State and private schools in the capitals and major cantons of all the country’s provinces. That information was presented in about eight schools per province between 2007 and 2009, reaching approximately 10,000 students per year, to ensure that they were aware of the subject of disability and the rights of persons with disabilities. 71. A guide to positive language and inclusive communication has been published, designed particularly for social communicators, and has become a valuable tool in ensuring that everyday language and the recurring terminology in the area of disability are correct and of good quality. 72. An accessibility workshop, held on 28 October 2009, covered subjects such as the Ecuadorian Standardization Institute (INEN) standards on accessibility of the physical
14 GE.13-44356 (EXT) CRPD/C/ECU/1
environment and universal design. The 500 participants included professionals and students in the fields of architecture and engineering. 73. The State recognizes the importance of the private sector in guaranteeing the rights of persons with disabilities, and seminars and publications on those rights are organized in coordination with private-sector businesses.
B. Actions undertaken to raise awareness and inform persons with disabilities and other parts of society on the Convention and the rights it includes
74. The first workshop on general guidelines for the application of the Convention was held in 2008. Participants included representatives of the Ministries of Foreign Affairs, Coordination of Social Development, Health, Education, Employment, Economic and Social Inclusion and Justice and Human Rights. Also represented were the National Institute of Children and the Family; the Ecuadorian Social Security Institute; the Armed Forces Social Security Institute; the National Police Social Security Institute; the National Council of Universities and Polytechnic Schools, the National Council on Disabilities (CONADIS), the Association of Municipalities of Ecuador, the College of Architects of Ecuador, the National Statistics and Census Institute, the national federations of persons with disabilities, the National Council for Women, the National Council for Children and Adolescents, the Council for the Development of the Nationalities and Peoples of Ecuador and the Ombudsman’s Office. 75. Some 8,100 copies of the text of the Convention have been distributed since November 2009, to ensure that the general public is informed of the rights of persons with disabilities. 76. Publicity material in the form of booklets has been systematically and continuously distributed throughout the country through the 23 provincial branches of CONADIS and is also distributed through associations of and for persons with disabilities. The goal is that all sectors of society should know and share the message. The material includes: • 5,000 booklets on the rights of persons with disabilities; • 5,000 booklets on equal opportunities for persons with disabilities; • 5,000 leaflets on accessibility of the physical environment for persons with disabilities. 77. The website of CONADIS, the regulatory body for disability policy in Ecuador (www.conadis.gov.ec), provides information on the Convention and on laws, regulations and other instruments designed to ensure that persons with disabilities and the general public, both nationally and internationally, are informed of their rights, responsibilities and obligations.
IV. Article 9 Accessibility
78. This article establishes the obligation of States parties to take appropriate measures to enable persons with disabilities to live independently as possible and to participate fully in all aspects of life.
GE.13-44356 (EXT) 15 CRPD/C/ECU/1
A. Legislative and other measures to ensure to persons with disabilities access, on an equal basis with others, to the physical environment (including the use of signal indicators and street signs), to transportation, information and communications (including information and communications technologies and systems) and to other facilities and services open or provided to the public including by private entities, in both urban and rural areas, pursuant to article 9, paragraph 2 (b) to (h), of the Convention
79. Article 16 of the Constitution recognizes the right to information in its various aspects such as access to free, diverse, integral and participatory communication and information, through all media and in all forms and in the user’s own language or symbols, and to universal access in equal conditions permitting the inclusion of persons with disabilities. 80. Article 47 et seq. of the Constitution guarantee appropriate access to all goods and services; the elimination of architectural barriers; and access to alternative mechanisms, media and forms of communication, including sign language for the deaf, oralism and the Braille system. 81. Secondary legislation now includes a model ordinance embodying INEN standards on accessibility of the physical environment. This document was submitted to the various municipalities so that they could take account of the suggestions it contains in relation to the obligation of compliance with accessibility of the physical environment in accordance with those standards. 82. The INEN 42 technical regulation on accessibility of the physical environment and reduced mobility for persons with disabilities was published on 18 November 2009 in Official Gazette No. 69. 83. As for the application of legislation and public policy, the “Ecuador without Barriers” programme has implemented an investment project to support local management, the three phases of which have led to the elimination of architectural and urban-design barriers in a number of municipalities and the adoption of ordinances to penalize failure to comply with accessibility standards. The programme has also implemented projects for the creation of early-learning and basic functional rehabilitation units.
B. Information on technical standards and guidelines for accessibility, as well as on the auditing of their fulfilment and sanctions for non- compliance, and on whether resources obtained by means of money sanctions are applied to encourage accessibility actions
84. Compliance with the aforementioned INEN 42 regulation on accessibility became compulsory throughout Ecuador on 18 May 2010. This regulation and the associated standards must be incorporated into municipal ordinances, which also set out the relevant sanctions for non-compliance.
C. Use of public procurement provisions and other measures that establish compulsory accessibility requirements
85. The National Public Procurement Institute is working on a framework agreement for the selection of vendors of support products for persons with disabilities, thereby
16 GE.13-44356 (EXT) CRPD/C/ECU/1
complying fully with article 43 of the National Public Procurement System (Organization) Act. The purpose of the Act is to produce an electronic catalogue of standardized goods and services to be published on the website www.compraspublicas.gov.ec. A framework agreement establishes prices and conditions of sale for certain products, to be maintained for a given duration. 86. The Public Procurement Act is an example of legislation requiring the adoption of architectural accessibility measures. Article 16 (g) of the Act requires that in plans for public works designed for activities involving public access, the final design must provide for the availability of suitable entrances, facilities and accessible routes for persons with disabilities.
D. Information on the identification and elimination of obstacles and barriers to accessibility in both private and public sectors and on the existence of national accessibility plans with clear targets and deadlines
87. The State considers it necessary to adopt policies and plans for the elimination of obstacles and barriers to accessibility at the local level. Goal No. 7 of the National Plan for Good Living therefore provides for the construction of public spaces which are accessible for all. 88. The aforementioned model ordinance embodying INEN standards has led over 102 municipalities to make efforts in that regard, and the remaining municipalities are currently working to prepare the necessary ordinances. 89. Under these ordinances, the 22 INEN standards on accessibility of the physical environment must be complied with as from 18 May 2010, and failure to comply will entail financial penalties.
V. Article 10 Right to life
90. This article reaffirms the inherent right to life of persons with disabilities on an equal basis with others.
A. Information on whether legislation recognizes and protects the right to life and survival of persons with disabilities on an equal basis with others
91. Ecuador recognizes the inviolability of life (article 66, paragraph 1, of the Constitution) prohibiting arbitrary deprivation of the life of any inhabitant of the country on any grounds, including disability. 92. Article 20 of the Code on Children and Adolescents establishes the right to life in the following terms: “Children and adolescents have the right to life from the moment of conception. It is the duty of the State, society and the family to ensure their survival and development by all available means. Medical and genetic experiments and manipulations are prohibited from the date of fertilization of the ovum to the birth of the child, as is the use of any technique or practice which endangers the child’s life or jeopardizes its integrity or its full development.”
GE.13-44356 (EXT) 17 CRPD/C/ECU/1
B. Information on whether persons with disabilities have been subjected to arbitrary deprivation of life
93. There have been no known cases of arbitrary deprivation of the life of persons with disabilities.
VI. Article 11 Situations of risk and humanitarian emergencies
94. This article obliges States parties to ensure the protection and safety of persons with disabilities in situations of risk, such as situations resulting from armed conflicts, humanitarian emergencies or natural disasters.
A. Measures to ensure the protection and safety of persons with disabilities, including measures to include them in national emergency protocols
95. The United States Agency for International Development (USAID) and the organization Gestión Ecuador (Ecuador Management) have designed a manual on the care of persons with disabilities in case of emergency or natural disaster. It includes a section on the needs of persons with disabilities in municipal emergency and contingency plans. 96. It also incorporates useful recommendations for entities involved in risk management, such as municipalities, and for organizations of persons with disabilities and the general public, on mobilization, communication and support for persons with visual, hearing, intellectual and physical disabilities in case of evacuation. 97. The guide is the outcome of an 18-month cooperation programme between USAID, which contributed US$ 67,220, and Gestión Ecuador, which provided US$ 23,450, for the preparation of the guide, training and dissemination. The work focused on four provinces which are seen as high-risk areas, mostly because of earthquakes and volcanic eruptions: Pichincha, Tungurahua, Cotopaxi and Chimborazo. Nine municipalities took part: in Pichincha province, Rumiñahui, Mejía and the local administration of Valle de los Chillos; in Cotopaxi, Latacunga; en Tungurahua, Quero, Pelileo y Baños; and Riobamba and Penipe in Chimborazo. Until January 2010, USAID will provide training and support for the production and dissemination of 4,000 copies of the guide (source: usaid/ecuador.gov.ec). 98. The Armed Forces, through the Development Support Directorate, have humanitarian action plans and trained technical personnel, materials and equipment enabling them to take action in emergency situations, focusing particularly on groups requiring priority attention.
B. Measures to ensure that humanitarian aid relief is distributed in an accessible way to people with disabilities caught in humanitarian emergency, in particular measures taken to ensure that sanitation and latrine facilities in emergency shelters and refugee camps are available and accessible for persons with disabilities
99. The geographical and territorial characteristics of Ecuador require that efforts be made to reduce the risk of adverse events, whether natural or anthropogenic, that may affect the population and its environment. This risk reduction must be managed in such a way as
18 GE.13-44356 (EXT) CRPD/C/ECU/1
to prevent and mitigate emergencies and optimize emergency responses. The creation of the National Secretariat for Risk Management and the beginning of work on constructing public policy in that area are highly significant steps in efforts to build a safer Ecuador; it is however a process under construction that requires socialization and the inclusion of issues such as disability in risk management. 100. The programme for the design and inclusion of a disability component in contingency and emergency response plans relating to natural disasters, prepared by Gestión Ecuador, is intended to be a further contribution to public policymaking by making persons with disabilities less “invisible” and raising public awareness of them in the at-risk areas in the provinces of Pichincha, Cotopaxi, Tungurahua and Chimborazo which are threatened by the Cotopaxi and Tungurahua volcanoes. 101. The following measures to help persons with disabilities have been implemented by Gestión Ecuador: • Approximately 1,000 persons with disabilities living in the aforementioned at-risk zones have benefited. • Some 1,500 members of emergency operations committees have been trained in attending to the needs of persons with disabilities. • A guide to assistance for persons with disabilities has been produced, containing key recommendations to be followed in case of disaster or other emergency to care for persons with physical, hearing, visual and intellectual disabilities. It is designed to be used by bodies which are active in risk management and by the general public. An analysis of the specific needs of persons with disabilities was conducted in the preparation of the guide. • As a preventive measure relating to emergency situations, two radio broadcasts have been produced in relation to assistance for persons with disabilities.
VII. Article 12 Equal recognition before the law
102. This article reaffirms that persons with disabilities have the right to be recognized as persons before the law.
A. Measures taken by the State party to ensure that persons with disabilities enjoy legal capacity on an equal basis with others in all aspects of life, particularly measures to guarantee their equal right to maintain their physical and mental integrity, to participate fully as citizens, to own and inherit property, to control their own financial affairs and to have equal access to bank loans, mortgages and other forms of financial credit, and their right not to be arbitrarily deprived of their property
103. Article 11, paragraph 2, of the Constitution establishes that no person may be discriminated against on grounds of disability. Article 66, paragraph 4, states that all persons are entitled to formal and material equality in the exercise and recognition of their rights. 104. A proposal is to be put before Parliament to amend and redefine the language used in the Civil Code, particularly in relation to the legal capacity of persons, such as the terms
GE.13-44356 (EXT) 19 CRPD/C/ECU/1
of article 1462 et seq., which states that all persons are legally competent unless declared incompetent by law. Since incompetence must be determined through a judicial process, persons are legally competent to exercise and benefit from their rights unless such a process has taken place. 105. In relation to that reform, it is proposed that changes should be made to certain terms used in the Civil Code, such as “insane” and “deaf-mute”, expressions which are denigrating and not in accordance with the provisions of the Convention. 106. Article 6 of the Code on Children and Adolescents establishes the obligation of non-discrimination, particularly on grounds of disability. The State will adopt the necessary measures to eliminate all forms of discrimination. Similarly, the protection against mistreatment, abuse, sexual exploitation, trafficking and abandonment of children and adolescents provided for in articles 72, 73, 74 (paras. 1, 2 and 4), 78 and 79 (paras. 1 and 13) is intended for all children with or without disabilities.
B. Information on whether there is any legislation restricting full legal capacity on the basis of disability and on measures being taken to comply with article 12 of the Convention
107. Ecuadorian legislation does not restrict full legal competence on grounds of disability. Article 48, paragraph 5, of the Constitution requires the State to design and implement specialized programmes of comprehensive support for persons with serious and severe disabilities, in order to achieve the greatest possible development of their personalities, promote their autonomy and reduce their dependency. It is being demonstrated that persons with disabilities are fully legally competent except for those who are subject to restrictions which have been imposed by the courts; the procedure for imposing such restrictions is set out in the Civil Code.
C. Information on support available to persons with disabilities in exercising their legal capacity and managing their financial affairs
108. The Office of the Advocate for Persons with Disabilities, which is part of CONADIS, is responsible for helping persons with disabilities to exercise their legal competence. It is made up of legal professionals who can take legal and administrative action in protecting the rights of persons with disabilities. It also gives advice to persons with disabilities on managing their finances, to ensure that they do not suffer any harm from legal or natural persons.
D. Information on the existence of safeguards against abuse of supported decision-making models
109. Under article 367 of the Civil Code, tutorship or guardianship may be imposed on persons who are unable to manage their affairs unaided or take care of their business competently. The same article extends tutorship, not only to property, but also to the person who is the subject of the tutorship; furthermore, under article 371, tutorships are generally for persons who have been declared legally incompetent. The Office of the Advocate for Persons with Disabilities emphasizes the effective safeguard provided by this assisted model, ensuring that a person cannot be declared incompetent for the sole reason that he or she has a disability; on the contrary, it has made sure that persons with disabilities are not restricted in their decision making and that disability is declared only when it is decisively important and prevents the person concerned from taking care of his or her own affairs.
20 GE.13-44356 (EXT) CRPD/C/ECU/1
110. A similar situation arises in the case of those who are referred to as deaf-mute in the Civil Code (arts. 479, 480, 484 and 485). The Code states that the condition can be remedied through education and that the tutorship will therefore end when the deaf-mute person has become able to understand and be understood in writing, if he or she so desires and is sufficiently intelligent to manage his or her property; an issue on which the court will obtain the necessary reports from competent persons (art. 493).
E. Awareness-raising and education campaigns on equal recognition before the law for all persons with disabilities
111. CONADIS has conducted campaigns in the education sector to publicize the rights of persons with disabilities. This began in 2008 with an annual conference involving some 200 students in the penultimate year of secondary education, from both State and private schools. In addition to the actual training, easily-distributed learning materials on the rights of persons with disabilities, especially relating to equality, were handed out.
VIII. Article 13 Access to justice
112. This article recognizes the right of persons with disabilities to have effective access to justice on an equal basis with others and not to be excluded from legal proceedings.
A. Measures to ensure that all persons with disabilities have effective access to justice at all stages of legal proceedings, including at investigative and other preliminary stages
113. In terms of domestic law, in accordance with the constitutional requirement of non-discrimination, the Disabilities Act establishes the duty of the State, through the relevant regulatory body, to ensure legal protection of the rights of persons with disabilities. It was to fulfil this duty that Ecuador created the Office of the Advocate for Persons with Disabilities, which is responsible for providing legal protection for the rights of persons with disabilities. 114. Article 21 of the Disabilities Act states that any person who suffers discrimination on grounds of disability or whose exercise of his or her rights and benefits is threatened may register a complaint and be present at any stage of the legal proceedings before the competent court. 115. Goal No. 9 of the National Plan for Good Living guarantees the enjoyment of rights and justice, stating that the Constitution is the primary instrument for guaranteeing rights. Constitutional rights, particularly those contained in the National Plan, set the limits of State power and create legal obligations for the authorities. To ensure the exercise of those rights, all parts of the State, including the constituent power, are subject to and constrained by them. This guarantee, reflected in the legal basis of the power to design and implement public policy, operates through the judicial power when other powers have failed in their duty or have infringed on rights. 116. As for special procedures, the Code on Children and Adolescents (2003) provides for specialized juvenile courts and Advocates for Children and Adolescents, as well as experts specializing in legal cases involving children or adolescents.
GE.13-44356 (EXT) 21 CRPD/C/ECU/1
B. Measures to ensure effective training of personnel in the national justice and prison systems on respect for the rights of persons with disabilities
117. In 2009, the State conducted a study on the situation of persons with disabilities detained in social rehabilitation centres, in order to identify the numbers of persons with disabilities deprived of their liberty in such centres nationwide and determine their specific needs in terms of disability rating, identity documents and technical assistance and medical supplies and also to determine their legal status. 118. The study found that the 154 persons with disabilities deprived of their liberty in 28 social rehabilitation centres around the country had the following disabilities.
Disability Numbers
Visual 32 Hearing 6 Physical 96 Intellectual 6 Psychological 13 Speech 1
119. As a component of that study, and in response to the information collected, training was provided to officials of the Social Rehabilitation Directorate and of social rehabilitation centres and to the guides and personnel of the National Police in relation to the current situation of persons with disabilities deprived of their liberty in social rehabilitation centres across the country. Also included was consideration of the care and treatment of persons with disabilities and their human rights as inmates and as persons with disabilities.
C. Availability of reasonable accommodations, including procedural changes in judicial proceedings to ensure effective participation in the justice system by persons with all kinds of disability, regardless of their situation (for example, as victims, accused persons, witnesses or jurors)
120. The Constitution provides for legal guarantees in case of violation of rights through a simple, rapid and effective procedure, free of formalities and with no requirement to cite the legal rule or even to have legal representation. This procedure protects the disabled person from victimization and offers him or her an opportunity to recover the right that has been violated in a timely manner and without going through excessive and costly formalities. 121. Taking account of access problems for persons with hearing disabilities at the various stages of judicial proceedings, whether as victims or accused persons, the authorities have set up a sign-language interpretation service. Its database and list of experts are recorded in public prosecutors’ offices and in the court system.
D. Information on age-related accommodations to ensure effective participation by children and young people with disabilities
122. The participation of children and young people is guaranteed in Ecuador. Non-compulsory voting is available to those aged between 16 and 18; child labour is
22 GE.13-44356 (EXT) CRPD/C/ECU/1
gradually being eradicated; schooling is free of charge from primary to higher education; and there are mechanisms for participation by young people in State bodies (article 62 of the Constitution). 123. Participation at the cantonal, provincial and national levels reflects the support enjoyed by the national decentralized protection system for children and adolescents, on the basis of its achievements: • 18,700 cases solved by cantonal rights protection boards; • 34,500 complaints dealt with by various bodies; • 1,240 young people participating in children’s and adolescents’ movements; • Identity documents issued to 450,000 children; • 507,534 adolescents exercised the new right to non-compulsory voting; • 213 cantonal rights protection councils; • 115 cantonal rights protection boards; • 85 advisory cantonal councils for children and adolescents; • 396 community ombudsmen’s offices.
IX. Article 14 Liberty and security of the person
124. This article ensures that persons with disabilities enjoy the right to liberty and personal security and are not deprived of their liberty unlawfully or arbitrarily on grounds of disability.
A. Measures to ensure that all persons with any form of disability enjoy the right to liberty and personal security and that no person is deprived of liberty on grounds of disability
125. Under article 77, paragraph 1, of the Constitution, the deprivation of liberty is to be applied on an exceptional basis when it is necessary to ensure that a person is present in court or that a sentence is carried out. It is to take place by written order of the competent judge, in the cases, for the period and with the formalities established by law. An exception is made for flagrante delicto cases, in which the person may not be detained without charge for more than 24 hours. In all cases, the court may order preventive measures other than pretrial detention. 126. Except in flagrante delicto cases, no person may be placed in a detention facility without a written order issued by the competent court. Suspects and defendants in criminal proceedings who are deprived of their liberty are placed in legally established pre-trial detention centres. 127. These principles are applied without any kind of discrimination. Thus, no person with or without a disability may be arbitrarily deprived of liberty. Liberty is a fundamental right inherent in the human person, and article 66, paragraph 29 (a), of the Constitution recognizes that all persons are born equal. 128. Article 171 of the Code of Criminal Procedure provides for alternatives to deprivation of liberty for persons with disability levels exceeding 50 per cent subject to the
GE.13-44356 (EXT) 23 CRPD/C/ECU/1
appropriate certification, except in cases of offences against public administration, offences resulting in the death of one or more persons, sexual offences, hate crimes, offences punishable by long-term imprisonment or a second or subsequent offence.3 129. The Armed Forces provide full security and liberty to enable personnel with disabilities to function in the employment, social and family spheres, guaranteeing equal opportunities in accordance with the law.
B. Measures to repeal any legislation whereby persons with any kind of disability may be institutionalized or deprived of their liberty
130. Ecuadorian legislation contains no provision whereby persons may be institutionalized or deprived of their liberty because of any type of disability.
C. Information on legislative and other measures to ensure that persons with disabilities who have been deprived of their liberty are provided with the required reasonable accommodation and benefit from the same procedural guarantees as all other persons to enjoy fully their remaining human rights
131. In order to apply reasonable accommodation for persons with disabilities who are deprived of liberty, they are put in one-person cells or accompanied by low-risk inmates. The cells have been adapted to comply with INEN standards and are therefore fully equipped to satisfy the needs resulting from the person’s specific disability. This was achieved following a decision of the Ministry of Justice, Human Rights and Religion, through an interim unit for the construction of new social rehabilitation centres. These spaces were designed to provide facilities to persons with disabilities, in both existing and new detention facilities. The goal is full compliance with INEN standards, ensuring by means of these adjustments that at least the person’s sentence is served in dignity and in conditions appropriate to his or her situation.
X. Article 15 Freedom from torture or cruel, inhuman or degrading treatment or punishment
132. This article provides for the protection of persons with disabilities from torture or cruel, inhuman or degrading treatment or punishment.
3 Article 171 of the Code of Criminal Procedure (2010) states that, provided that the offences are not attacks upon public administration resulting in one or more deaths, sexual or hate crimes or offences punishable by long-term imprisonment and provided that the person has not reoffended, pretrial detention may be replaced by house arrest if the offender has a disability level exceeding 50 per cent certified by CONADIS, suffers from a catastrophic illness, is aged over 60 years or is a woman who is pregnant or has given birth in the last 90 days. This period may be extended if the infant was born with an illness requiring maternal care until that illness ends.
24 GE.13-44356 (EXT) CRPD/C/ECU/1
A. Information on protective measures to ensure that persons with disabilities, including those requiring support in the exercise of their legal capacity, are not subjected to medical or scientific experimentation without their free and informed consent
133. There is no record of cases in which persons with disabilities were subjected to medical or scientific experimentation without their consent.
B. Information on the inclusion of persons with disabilities in national strategies and mechanisms for the prevention of torture
134. The Ministry of the Interior is designing a five-year plan against torture which will include strategies to prevent torture in the population as a whole, with particular emphasis on persons with disabilities.
XI. Article 16 Freedom from exploitation, violence and abuse
135. This article protects persons with disabilities from all forms of exploitation, violence and abuse, both within and outside the home, paying special attention to children and women with disabilities.
A. Legislative, administrative, social, educational and other measures taken to protect persons with disabilities, both within and outside the home, from all forms of exploitation, violence and abuse, including the gender and child based aspects
136. The Constitution (art. 81) requires the State to establish special and expeditious procedures for the prosecution and punishment of domestic and other violence against persons with disabilities. 137. The Domestic Violence and Violence against Women Act requires that procedures enforcing it should be free of charge, readily available, expeditious and confidential. 138. Under the Criminal Code, sexual abuse and violence against persons with disabilities are considered as aggravating circumstances for sentencing purposes. The Criminal Code Reform Act introduced the concept of hate crime motivated by the victim’s disability, thereby amending the criminal law to comply with the terms of the Convention. This was therefore a legislative measure to protect persons with disabilities. 139. Between 2007 and 2009, Ecuador set up a special protection programme with a budget of US$ 9,596,800. It incorporates a number of projects, to eradicate gender violence, child labour and child begging; establish local committees to protect the rights of children and adolescents in 40 municipalities; provide protection for families in border camps for refugees, displaced persons and other groups requiring priority support; protect children living in prisons; and protect children and adolescents who are victims or at risk of sexual and commercial exploitation. In the framework of the campaign against violence, priority was given to assistance for 7,000 children in Imbabura, Pichincha, Cotopaxi, Guayas and Tungurahua. 140. Implementation of the project to eradicate child labour includes prevention (brickworks, banana plantations, flower nurseries), the issue of disability caused by
GE.13-44356 (EXT) 25 CRPD/C/ECU/1
pollution and the exposure of children, adolescents and pregnant women to chemicals. In 2009, care was provided to 1,058 children and adolescents and also to their families, through the components related to health, awareness-raising, restoration of rights, impact of public policies and potential sources of additional income for families. 141. Through the centres of the Partnership in Opportunities for Employment through Technology in the Americas (POETA) and of the youth unit of the Working Child Programme, the Ministry of Economic and Social Inclusion holds workshops on the subjects of self-esteem, prevention of violence (Good Treatment), preparation for the world of employment, sexuality and gender and computing. The centres provide a teaching programme, training young people with and without disabilities through workshops which combine the technological component with instruction in citizenship and personal development, all with a rights-based approach. This project was born in 2005 in the Working Child Programme, with support from the Trust for the Americas Foundation of the Organization of American States (OAS). Responsibility was transferred to the Ministry of Economic and Social Inclusion in October 2010. 142. The Human Rights Department of the Ministry of Defence coordinates the holding of lectures, workshops and seminars on the prevention of abuse of groups with priority needs, providing advisory services through the social welfare departments of the Armed Forces, complying with the current legal provisions. 143. On 10 September 2007, to ensure a life free from violence and eradicate that extreme human rights violation affecting the lives of women, children and adolescents with and without disabilities, the President signed Decree No. 620 on the implementation of the National Plan for the Eradication of Gender-based Violence against Children, Adolescents and Women. The Plan involves the following government bodies having responsibility for justice and social issues: the Ministry of the Interior (which coordinates the Plan); the Ministries of Justice, Human Rights and Religion, Health, Education and Social Inclusion. Other participants include the National Council for Children and Adolescents and the National Council for Women, which is being reorganized as the National Council on Women and Gender Equity. The Plan covers the following five strategic areas: (a) changing sociocultural patterns; (b) construction and strengthening of the system of comprehensive protection for children and adolescents; (c) construction and implementation of the single registration system; (d) access to justice; and (e) institutional structures. 144. In the framework of the Plan, work has begun to set up unified citizen assistance centres, seeking to improve access to justice by bringing together on a single site the various entities responsible for the administration of justice, including the National Police. These centres, each of which also incorporates an area specializing in gender-related justice, will be present in Quito, Guayaquil, Chone and Durán. Work is due to begin in Machala and Sucumbíos to construct specialized centres for comprehensive services to victims of gender violence. 145. The Plan has also given rise to the creation of reception centres. These are areas within hospitals which are designed to provide comprehensive and specialized support to victims of sexual violence. They currently exist in the cities of Guayaquil, Quito, Machala, Chone, San Lorenzo, Riobamba, Orellana and Ambato, offering a caring environment and high-quality medical, psychological and social care to victims of domestic and sexual violence.
26 GE.13-44356 (EXT) CRPD/C/ECU/1
B. Social protection measures to assist and support persons with disabilities, including their families and caregivers, and to prevent, recognize and report instances of exploitation, violence and abuse, including the gender- and child-based aspects
146. Article 46 of the Constitution requires the State, among other things, to adopt measures to provide support and protection to children and adolescents against all types of violence, mistreatment, sexual or other types of exploitation and the neglect resulting from such situations. 147. Under the Code on Children and Adolescents (art. 74), the State must adopt legislative, administrative, social, educational and other measures to protect children and adolescents from mistreatment, abuse, sexual exploitation, trafficking and loss. 148. Through the centres of the POETA partnership and the Working Child Programme of the Ministry of Economic and Social Inclusion, the State conducts training which targets young people with and without disabilities. This has produced a “Good Treatment” module which takes a critical look at the culture of violence and the various forms of mistreatment in environments such as the family, the workplace, schools, neighbourhoods and the streets. The module comprises two stages: (a) consideration of the different forms of mistreatment which can be encountered in everyday life, and (b) putting forward solutions and inviting participants to create situations designed to change attitudes and put them into practice constantly in their everyday lives, in such a way as to eliminate gradually all types of mistreatment and replace them with every possible form of good treatment in all the environments in which they are involved.4 149. Participants are also encouraged to promote conditions for good treatment, recognition and full exercise of rights. Information is also provided on specific places where they can go if their rights are violated in any of the different areas of their lives.5 150. CONADIS provides training on the rights of persons with disabilities to all bodies involved in protecting those rights in order to inform society and family members and raise their awareness of those rights. 151. The dissemination of this subject matter through the mass media and the training of persons and other entities has produced positive results in terms of good treatment of persons with disabilities and reducing discrimination and mistreatment. Information on this subject, particularly on the Disabilities Act, its implementing regulations and the Convention, is available on the CONADIS website. 152. The distribution of publications on the Convention, including manuals and information booklets for professionals countrywide on legal and technical subjects, including accessibility, has made it possible for persons with disabilities to be kept informed to prevent them from being exploited or abused because of their vulnerability. 153. In the country’s 24 provinces, the National Institute of Children and the Family has created 58 centres for the protection of rights known as Ecuador me protege (Ecuador protects me) as part of the Decentralized System for the Comprehensive Protection of Children and Adolescents. The role of these centres is to prevent violations of rights and restore any rights which have been infringed. Some 50 per cent of the cases reported relate to domestic abuse (physical and psychological); in 20 per cent, assistance is needed in respect of maintenance; a further 20 per cent involve complaints of sexual abuse or
4 Source: the Ministry of Economic and Social Inclusion. 5 Source: the Ministry of Economic and Social Inclusion in POETA-Working Child Programme centres, beginning in 2005.
GE.13-44356 (EXT) 27 CRPD/C/ECU/1
harassment and the remaining 10 per cent relate to complaints of other types. Children aged 12 and under are the group whose rights are violated the most often. 154. Lectures have been given to raise awareness of the rights of persons with disabilities. Some of these have been given by the Ministry of Defence through the Fundación Futuro (Future Foundation), totalling 21 at the nationwide level. Nine were conducted at various military facilities in Pichincha province between 23 February and 23 May 2010; there were also lectures at the Central University of Ecuador, the Empresa Municipal de Agua Potable (Municipal Drinking Water Corporation) and the Civil Registry. A radio broadcast began in June 2010 on the radio station Radio Futura, run by professionals from the Office of the Advocate for Persons with Disabilities (90 minutes every Wednesday). 155. Programmes and projects have been conducted within the Armed Forces to eradicate domestic violence, through the Personnel Welfare Department and the Armed Forces Social Security Institute and in coordination with associations of persons with disabilities.
C. Measures to ensure that all services and programmes designed to serve persons with disabilities are effectively monitored by independent authorities
156. There are five national federations of and for persons with disabilities in Ecuador. They comprise associations which are organized civil society bodies reflecting the disabilities of their members. As part of their activities, they collaborate in the design of policies and standards and promote the creation of national plans and programmes for the integration of persons with disabilities. They also campaign for effective application of disability-related legislation and propose amendments to existing laws in order to improve their quality of life. These federations are: • The National Federation of the Deaf of Ecuador (FENASEC). This organization helps to create a culture which recognizes and respects the rights and obligations of deaf people and which will offer alternative and concrete responses in order to promote comprehensive development in a spirit of solidarity and participation, within the framework of current standards and principles. • The National Federation of Persons with Physical Disabilities (FENEDIF) is a non-profit organization comprising legally constituted associations of persons with physical disabilities. Its purpose is to strengthen the work of its branches through training and the sharing of experience, resources and information in order to improve their independence and sustainability and promote public awareness of them. • The National Federation of the Blind of Ecuador (FENCE) is an independent body comprising institutions and organizations of and for the blind. It coordinates, advises, trains and defends rights and promotes social and labour market integration to strengthen its branches and associates, fostering the representativeness of the sector. • The Federation of Parents and Friends of Persons with Mental Disabilities (FEPAPDEM) improves the quality of life of persons with intellectual disabilities, autism, cerebral palsy and Down syndrome and of their families. • The Federation of Non-Governmental Organizations Working in the Area of Disabilities (FENODIS) is a national non-profit body which, together with the four national federations, is part of the associative movement of people with disabilities in Ecuador. Its services target NGOs of and for persons with disabilities which are
28 GE.13-44356 (EXT) CRPD/C/ECU/1
organized by geographical area. Its purposes include promoting the defence and enjoyment of the rights of persons with disabilities and strengthen their institutional networking abilities. 157. The central purpose of these associations is to promote the inclusion of persons with disabilities in the educational, social, sporting, cultural, economic and employment fields by representing their interests to public- and private-sector bodies and national and international entities and strengthening the presence of associations which promote their members’ training and education. In their relations with the State and with society, they defend the rights of persons with disabilities and campaign for their enjoyment through direct actions and in collaboration with other federations and social organizations.
D. Measures to ensure that all persons with disabilities who are victims of violence have access to effective recovery, rehabilitation and social reintegration services and programmes
158. Executive Decree No. 1076, of 12 May 2008, establishes respect for and protection of the rights of persons with disabilities as a policy of the State. 159. A programme of subsidized medical assistance and hospitalization for persons with disabilities has been created, covering 4,500 people, under the authority of the National Directorate for Persons with Disabilities of the former Ministry of Social Welfare, now the Ministry of Economic and Social Inclusion. The care it provides includes orthotics, prosthetics, wheelchairs, hearing aids, and medical and surgical treatment.6 160. A Centre for the Protection of Persons with Disabilities, an operational unit of the Directorate for Comprehensive Support for Persons with Disabilities, has been set up in Sucumbíos province in the country’s northern border area. The Centre provides services in the areas of medical and psychological care, social work, physiotherapy and occupational and speech therapy, as well as free medicines, community-oriented outpatient care, nutrition, sport, recreation and dance. Its main goal is to help to improve the quality of life for persons with disabilities in that geographical area. The centre currently has a budget of US$ 220,000 for construction and equipment. 161. A programme entitled Solidarity-based Protection Network was created in 2008 as part of the health care system, providing care to citizens experiencing extreme difficulties as a result of a disability or serious illness. The health care component guarantees the right of all Ecuadorian citizens to receive timely, efficient and effective responses to their health needs. In addition to promoting the prevention of risks related to the emergence of catastrophic illnesses, it also emphasizes public responsibility for the provision of services through a solidarity-based network which includes inter-agency and intersectoral relations and, by accepting that all citizens are entitled to health care and its provision is the responsibility of the State, eliminates the traditional way of dealing with catastrophic events through charity- and donation-based mechanisms. 162. As of August 2010, 266 cases involving persons with disabilities had been dealt with in various provinces by funding the necessary inputs to improve their quality of life, including wheelchairs, prosthetics and cochlear implants, as well as the provision of appropriate medicines depending on the person’s pathology.7
6 Source: Directorate for Comprehensive Care for Persons with Disabilities. 7 Source: Report of the Social Protection Programme of the Ministry of Economic and Social Inclusion.
GE.13-44356 (EXT) 29 CRPD/C/ECU/1
E. Measures to ensure that all services and resources available for preventing violence and supporting and assisting victims are accessible by persons with disabilities
163. Legislation and policies, including those focusing on women and children, guarantee that all cases of exploitation, violence and abuse against persons with disabilities are recognized, investigated and, where appropriate, prosecuted. 164. Article 46 of the Constitution prohibits the employment of children aged under 15; policies will be implemented to ensure the gradual eradication of child labour. The employment of adolescents will be permitted in exceptional cases only and may not violate their right to education, take place in environments which are harmful or endanger their health or personal development. Their employment and other activities will be respected, recognized and supported provided that they do not affect their education and their overall development. They are also assured of support and protection in relation to all forms of violence, mistreatment, sexual or other exploitation or the neglect arising out of such situations. 165. The Constitution also requires the law to penalize the abandonment of children and adolescents and any acts which involve any kind of abuse, inhuman or degrading treatment and discrimination on grounds of disability. 166. The National Ten-year Plan for the Comprehensive Protection of Children and Adolescents includes the following items benefiting children, including those with disabilities: (a) Creating the social conditions for the full exercise of the rights of children and adolescents; (b) Organizing emergency services for the most vulnerable groups; (c) Defining mechanisms for restoring rights that have been violated; (d) Defining strategies for preventing the violation of rights.
F. Legislation and policies, including those focusing on women and children, to ensure that all cases of exploitation, violence and abuse against persons with disabilities are identified, investigated and, where appropriate, prosecuted
167. Article 46, paragraph 2, of the Constitution expressly requires the prohibition of child labour for those aged under 15 and policies for the gradual eradication of child labour. The employment of adolescents will be permitted in exceptional cases only and may not violate their right to education, take place in environments which are harmful or endanger their health or personal development. Their employment and other activities will be respected, recognized and supported provided that they do not affect their education and their overall development. They are also assured of protection and care against all forms of violence, mistreatment, sexual or other exploitation, or against the neglect arising out of such situations. Article 46 (2) refers to protection and support in relation to all forms of violence, mistreatment, sexual or other exploitation or the neglect arising out of such situations. This constitutional provision protects persons with disabilities by recognizing their rights and preventing all the types of exploitation and abuse described under the heading of employment.
30 GE.13-44356 (EXT) CRPD/C/ECU/1
168. Article 48, paragraph 7, of the Constitution states that the law shall penalize the abandonment of persons with disabilities and any act involving any form of abuse, inhuman or degrading treatment and discrimination on grounds of disability. 169. The substantive subject of the ten-year plan for 2004–2014 is the Code on Children and Adolescents, which was published in Official Gazette No. 737 on 3 January 2003 and entered into force on 3 July 2003. The Code sets out a new, decentralized and participatory institutional and legal framework the objective of which is to guarantee the rights of children and adolescents as embodied in the National Decentralized Protection System for Children and Adolescents. 170. The National Ten-year Plan for the Comprehensive Protection of Children and Adolescents provides the basis and definition of policies, targets and strategies which will guide public and private actions to ensure the exercise of those rights. It is therefore an essential tool for the realization of plans, programmes and projects for the protection of children and adolescents in Ecuador. 171. The binding nature of the Convention on the Rights of the Child, which Ecuador signed in 1990, means that the State is committed to ensure the effective enjoyment of the rights enshrined in that Convention, which has been transposed into national legislation. Thus, Ecuador has undertaken to respect the rights embodied in the Convention and ensure their enjoyment as mentioned in article 2, which specifies that States must ensure those rights “to each child within their jurisdiction without discrimination of any kind, irrespective of the child’s or his or her parent’s or legal guardian’s race, colour, sex, language, religion, political or other opinion, national, ethnic or social origin, property, disability, birth or other status”.
XII. Article 17 Protecting the integrity of the person
172. This article establishes the right to respect for the physical and mental integrity of persons with disabilities.
A. Measures to protect persons with disabilities from medical and other treatment given without their full and informed consent
173. Article 7 of the Health Organic Act requires the State to protect patients. All persons, without any discrimination on grounds of disability, have the right to be informed in a timely manner about alternative options relating to treatment, goods and services in processes related to their health and to exercise free will through consent given in writing and to make decisions regarding their state of health and procedures of diagnosis and treatment.
B. Measures to protect all persons with disabilities from forced sterilization, and women and girls from forced abortion
174. The Constitution (art. 66, para. 9) recognizes the right of all persons to take free, informed, voluntary and responsible decisions regarding their sexuality and their sexual life and orientation; this includes protection from forced abortion and sterilization. 175. Article 29 of the Health Organic Act protects all pregnant women from forced abortion. This article is to be read in conjunction with article 447 of the Criminal Code, which provides as follows.
GE.13-44356 (EXT) 31 CRPD/C/ECU/1
“An abortion performed by a doctor, with the consent of the woman or, if she is unable to give it, the consent of her husband or close relatives, shall not be punishable: 1. If it has been performed to avert a danger to the mother’s life or health and that danger cannot by averted by other means; and 2. If the pregnancy has resulted from a rape or statutory rape committed against a woman who is an imbecile or insane. In this case, the consent of her legal guardian is required.” The term “imbecile” is to be understood as referring to a woman with a mental disability. 176. As a State party to the Rome Statute of the International Criminal Court, Ecuador is required to bring its national legislation into line with the obligations acquired under that Statute. The Ministry of Justice, Human Rights and Religion is preparing a Code of Criminal Guarantees which will establish definitions of offences in terms similar to those of the Rome Statute.
C. The existence, composition and functioning of independent review bodies to ensure the enjoyment of this right, and on programmes and measures adopted by those bodies
177. Through the National Mental Health Programme, the State is working in a variety of areas such as the promotion of good treatment and of mental health. 178. A document on the World Health Organization Assessment Instrument for Mental Health Systems (WHO-AIMS) was prepared in order to improve the country’s mental health services and provide information for the formulation of policies and plans on mental health using a baseline. This will make it possible to monitor the resulting changes. The information, collected between September and November 2007, relates to 2006 and earlier years, and WHO-AIMS was used when possible. 179. The latest version of the National Mental Health Plan, dating back to 1999, considers the main strategy and policy areas. Its advantages lie in the fact that it discusses the incorporation of mental health care throughout the health care system, promotion and prevention in the area of mental health and the need to focus on certain high-risk groups. 180. Only 1.2 per cent of the budget of the Ministry of Public Health is available for mental health programmes. Of that amount, 59 per cent is spent on psychiatric hospitals. 181. There has been considerable development in mental health services in recent years, and most provincial hospitals now employ psychologists and psychiatrists; this is also true of health centres in five provinces. Most care is provided in outpatient facilities, with 239 patients per 100,000 inhabitants, compared with 113 per 100,000 in psychiatric hospitals. However, this cannot be described as a coordinated network of services. 182. Each of the five psychiatric hospitals is located in one of the country’s three largest cities. The one with the greatest capacity is affiliated to a private non-profit body. The numbers of beds in the psychiatric hospitals is stable; no downward trend has been observed. There are 12 psychiatric beds per 100,000 inhabitants. In general hospitals, except for social security hospitals, there is no fixed or permanent allocation of beds for psychiatric cases. There are also beds for psychiatric patients in some of the country’s prison facilities.
32 GE.13-44356 (EXT) CRPD/C/ECU/1
183. Through the Mental Health Office, the Ministry of Public Health conducts periodic training sessions on primary mental health care. In 2006, at least 20 per cent of those working in mental health received that training. 184. The most prevalent diagnoses are schizophrenia, in the case of the psychiatric hospitals, and anxiety disorders in the case of outpatient psychiatric care. 185. The personnel working in mental health establishments number eight per 100,000 inhabitants. The major proportion of them are psychologists, whereas the numbers of social workers and occupational therapists are very low. 186. Mental health establishments have not established formal links to other relevant sectors such as education, justice, social welfare or the police, but this does not prevent joint action being taken in particular circumstances. In a limited number of primary schools (fewer than 5 per cent), there are professionals who look after children’s mental health; that proportion exceeds 20 per cent in secondary schools. A number of activities involving education and the promotion of mental health took place during the period under consideration, targeting both at-risk groups and the general public, with participation by both public- and private-sector entities. 187. All public-sector mental health establishments report on their activities to the National Statistics and Census Institute through the national health information system, and to the Ministry of Public Health through an epidemiological monitoring system known as EPI-2. There are no specialized mental-health indicators; the reports are of a general nature, covering all areas of health care.
XIII. Article 18 Liberty of movement and nationality
188. This article recognizes the right of persons with disabilities to liberty of movement, to freedom to choose their residence and to a nationality.
A. Legislative or administrative measures to guarantee the right of persons with disabilities to acquire a nationality and not to be deprived of it, and their right to enter or leave the country at will
189. The relevant part of article 6 of the Constitution states as follows: “Ecuadorian nationality is the legal and political link between persons and the State, without prejudice to their belonging to one of the indigenous nationalities which coexist in this plurinational country. Ecuadorian nationality may be obtained by birth or naturalization and may not be lost through marriage or divorce or through the acquisition of another nationality.” Thus, the right to nationality and to absolute freedom of movement is guaranteed for persons with or without disabilities (arts. 40–42). 190. The Code on Children and Adolescents takes these provisions into account. It states that children are entitled, without any form of discrimination, particularly on grounds of disability, to identity and to the elements it comprises, especially name, nationality and family relations, in accordance with the law.
GE.13-44356 (EXT) 33 CRPD/C/ECU/1
B. Measures to ensure that every newborn child with a disability is registered upon birth and given a name and a nationality
191. Between 2007 and 2010, through the Ministry of Economic and Social Inclusion and the National Institute of Children and the Family, the State entered into annual agreements with the Civil Registry and the Ministry of Public Health to conduct the campaigns entitled Al Ecuador ponle tu nombre (Identify yourself with Ecuador), in order to end the late registration of children, through three components. One of these is the opening of small Civil Registry offices in public hospitals; this project has countrywide coverage and, to date, 12,813 persons have been registered in this way at these permanent Civil Registry offices. 192. On 15 November 2009, 14 ministries and institutions concluded an agreement with the Office of the Vice-President to coordinate actions and programmes to assist persons with disabilities identified by the Manuela Espejo Solidarity Mission in the framework of the response phase. Those institutions included the Civil Registry, which will conduct a plan to issue identity documents to persons with disabilities by means of home visits or collective actions. It is expected that 43,000 new documents will be delivered during the response phase of the Mission.
XIV. Article 19 Living independently and inclusion in the community
193. This article recognizes the right of persons with disabilities to live independently and to participate in the community.
A. Information on the existence of independent living systems, including the provision of personal assistants for those who so require
194. An executive decree was signed in July 2010 approving the Joaquín Gallegos Lara voucher programme, the purpose of which is to provide the sum of US$ 240 to any mother or close relative who undertakes to care for a person with a severe physical and intellectual disability who has been abandoned. The vouchers will be issued to people identified by the Manuela Espejo Solidarity Mission. During the first medical and scientific study of disabilities in 2009, in the provinces of Cotopaxi, Imbabura, Carchi, Esmeraldas, Los Ríos, Manabí, Sucumbíos and Napo, in addition to the provision of continuing training in the areas of health care, hygiene, rehabilitation, nutrition, recreation, rights and self-esteem, some 3,000 cases will be covered. The remaining cases of registered persons with severe or profound disabilities will be covered in 2011; in the country’s 21 provinces as a whole, approximately 14,000 persons with severe physical and intellectual disabilities have been registered. The Government’s investment in this voucher scheme amounts to US$ 40,835,000.
B. Information on the availability of home support services allowing persons with disabilities to live within their communities
195. Through community-based rehabilitation, Ecuador aims to achieve community inclusion for children and adolescents aged from 0 to 17 years having one or more physical, mental, psychological, visual, auditory or language disabilities. 196. The goals to be achieved through this approach are:
34 GE.13-44356 (EXT) CRPD/C/ECU/1
• To help persons with disabilities to be included in all aspects of the community and ensure that their basic health-care, recreation, education and employment rights are recognized; • To ensure that persons with disabilities are able to develop their physical and mental abilities to the full, have access to normal services and opportunities and collaborate actively in the community and in society as a whole; and • To encourage communities to promote and protect the rights of persons with disabilities through changes in the community, such as the removal of obstacles to participation. 197. The approach consists of three components: • Provision of disability prevention grants to promote participation by children and adolescents in disability empowerment and rehabilitation processes. These targeted grants depend on the needs of the young people involved. • Empowerment and rehabilitation therapies in the young person’s usual environment and family circle through home visits by community representative facilitators and “community mothers”. Involvement of the young person in family, school and community activities. • Raising awareness of disability prevention among families which are assisted directly or indirectly. 198. Work is taking place in five provinces: Napo, Sucumbíos, Orellana, Manabí and Loja. A total of 6,276 children and adolescents are receiving care, with an investment of US$ 1,454,382 in 2009–2010. 199. The State has called for community-based rehabilitation to be used when working with children and adolescents with disabilities in the 19 remaining provinces from 2010 onwards.
C. The existence and range of options for residential services and for living arrangements, including shared and sheltered accommodation, which take into account the form of disability
200. The State promotes appropriate systems and facilitates the involvement of private and community actors. It provides regulation, channels resources through vouchers and provides technical assistance for municipalities and private and community-based groups for the planning, management and evaluation of comprehensive development programmes to contribute to the fulfilment of the national objectives. 201. In 2010, 2,500 housing units will be built. For each of them, the Ministry of Urban Development and Housing will contribute US$ 5,000 and, as agreed, the Office of the Vice-President will add US$ 1,000. This housing will be accessible for all, architectural barriers having been removed and other modifications made in accordance with the current INEN standards. US$ 1,500 will be allocated for accessibility work and adaptations in each unit. 202. A number of State bodies have entered into an agreement for the construction of 2,500 houses for persons with disabilities identified by the Manuela Espejo Solidarity Mission. The housing units are designed to satisfy the needs resulting from disabilities of all types. The agreement provides for two phases: the construction of 1,000 houses by October, then a further 1,500 which will be completed by the end of the current year or early next year. The first phase will take place in 12 provinces surveyed by the Mission.
GE.13-44356 (EXT) 35 CRPD/C/ECU/1
203. The cost of this housing programme is US$ 17,600,000, including US$ 5,100,000 from the Office of the Vice-President and US$ 12,500,000 from the Ministry of Urban Development and Housing. Under this programme, the selected types of housing units and construction systems will be identified and designed according to the type of disability of the persons identified by the Mission. 204. Many people with physical or intellectual disabilities, or their families, do not have land of their own. Each household will therefore receive from the State, through that same Ministry, a voucher for a housing plot worth US$ 200. This will enable beneficiaries to conduct the necessary formalities in order to own their own houses and land plots. 205. The State also plans to build housing adapted to the needs of military personnel with disabilities.
D. Degree of accessibility for persons with disabilities to community services and facilities provided to the general population
206. In relation with their physical environment, 366,000 persons with disabilities have reported having moderate difficulties in walking, running or climbing steps. A further 101,700 have problems with picking things up; 176,900 people state that they have difficulty in seeing, even with glasses. Five per cent of persons with serious disabilities have made modifications in their homes to increase their independence. For 77 per cent of people with serious disabilities, the perception is that buildings and the urban environment are unfavourable for independent mobility.
XV. Article 20 Personal mobility
207. This article recognizes the right of persons with disabilities to move freely with the greatest possible independence.
A. Measures to facilitate the mobility of persons with disabilities in the manner and the time of their choice, including the use of signal indicators and street signs for accessibility, as well as their access to forms of assistance (human, animal, or assistive technologies and devices), at an affordable cost
208. The INEN regulations on the accessibility of the physical environment requires the installation of signal indicators in the streets and the application of the ICAO standard, Part I, Doc 9184-AN/902. They also call for the provisions of the Ecuadorian technical regulations for street signals to be applied. 209. Work on signalling and accessibility has begun at Armed Forces facilities, and a special vehicle with a wheelchair lift has been acquired and delivered to the disabled people’s association of the Armed Forces. 210. The State has been involved in the following events, which are closely related to the right to physical accessibility: • A national training workshop on the INEN accessibility regulations on 28 October 2009 in the Salón de la Ciudad (meeting hall) of the city of Quito, with 500 participants, including representatives of ministries, prefectures, local government and university architecture and engineering faculties.
36 GE.13-44356 (EXT) CRPD/C/ECU/1
• Seven regional training workshops on the new competence of municipalities and the INEN accessibility regulations, with participation by State officials from the planning offices of local governments in each region. These were held in the following cities.
City Participant numbers Dates
Ibarra 60 10–11 December 2009 Manta 37 14–15 December 2009 Latacunga 52 17–18 December 2009 Cuenca 42 7–8 January 2010 Loja 52 14–15 January 2010 Guayaquil 63 21–22 January 2010 Quito 42 26–27 January 2010
• 101 municipalities have issued ordinances on physical accessibility, including obligatory compliance with the INEN standards, and 48 municipalities are working to prepare such ordinances. • In 2007, 67 municipalities carried out works to improve accessibility in public areas, removing physical and architectural obstacles in streets, parks, public buildings, the offices of disabled people’s associations and the homes of persons with disabilities in 62 of the 67 towns. • In 2008, 34 municipalities carried out work on accessibility in public spaces. 211. Municipalities which had not been involved in the project in 2007 were invited to take part during the new phases and 34 of them agreed to do so, working towards eliminating barriers through architectural modifications in public buildings, streets and parks under their jurisdiction.
B. Measures taken to ensure that the technologies are high quality, affordable, and user-friendly
212. Two private businesses in Ecuador provide mobile telephone service, Otecel S.A. (Movistar) and Conecel S.A. (Porta). They have entered into a concession contract for the provision of advanced mobile services, the terms of which require them to respect the rights of persons with disabilities as provided for in the current legislation. 213. By its resolution 193-07 of 25 May 2009, the National Telecommunications Board approved contracts concluded between the National Secretariat of Science and Technology, the Escuela Superior Politécnica del Litoral and the Escuela Superior Politécnica del Ejército (the polytechnic colleges of the Coast and of the Army) for the joint funding of a project on open-code Web content management for the inclusion of persons with visual disabilities, based on a comprehensive evaluation method. 214. The website www.supertel.gob.ec is designed in accordance with World Wide Web Consortium standards, using the Joomla content management system, and complies with disabled accessibility standards so that that the Web is be universal and available to all. Other features that have been included include the reading system, RSS syndication channels and audio and video galleries.
GE.13-44356 (EXT) 37 CRPD/C/ECU/1
C. Measures to provide training in mobility skills to persons with disabilities and specialist staff caring for them
215. Article 47, paragraph 2, of the Constitution specifies that comprehensive rehabilitation and permanent assistance are to include the appropriate technical assistance. Similarly, article 48, paragraph 1 refers to social inclusion through coordinated State and private plans and programmes to promote political, social, cultural, educational and economic participation. 216. The regulations on special education call for community orientation and the development of skills and abilities in accordance with the individual’s level of education, (art. 88) and require comprehensive support to be provided to children and young people with mobility impairments (art. 96). 217. Ministerial Agreement 0018-10 (art. 7 (2)) specifies that, for the filling of vacancies in special education, experience in the area of disabilities is required in addition to the qualifications corresponding to the particular post. 218. The Centre for Job Training for the Blind is a specialized institution providing rehabilitation services to persons with visual impairments (blind and partially sighted persons). It has been conducting a community-based rehabilitation programme in coordination with the Occupational Therapy Centres of the Andean Region project of the National Federation of the Blind of Ecuador (FENCE), offering training free of charge to improve management of visual disabilities. 219. The aforementioned National Telecommunications Board resolution also approved contracts between the Board and the two polytechnic colleges for the joint funding of two additional projects. The first was a trial of a smart information centre offering virtual journeys for persons with physical disabilities; and the second involved the design and implementation of a prototype to identify everyday objects for persons with visual disabilities, using radio frequency identification technology. 220. Persons with disabilities who use or need to use technical mobility aids receive training and instruction in their use at the same centres which provide the equipment. For example, when CONADIS enters into a contract with a supplier, the latter is required to provide training to the disabled user.
D. Measures to encourage entities that produce mobility aids, devices and assistive technologies to take into account all aspects of mobility for persons with disabilities
221. In 2008–2009, through the execution of phases 1 and 2 of the project “Provision of technical assistance to low-income persons with disabilities”, conducted by CONADIS with funds transferred from the office of the Vice-President, about 3,000 persons with disabilities in 23 provinces were provided with equipment such as wheelchairs, crutches, canes, prosthetics and orthotics. 222. Medical professionals qualified to evaluate disabilities made the necessary assessments and recommendations regarding the use of that mobility equipment, on a case-by-case basis, for children, adults and older persons with disabilities.
38 GE.13-44356 (EXT) CRPD/C/ECU/1
XVI. Article 21 Freedom of expression and opinion, and access to information
223. This article recognizes the right of persons with disabilities to freedom of expression and opinions, including the freedom to seek, receive and impart information and ideas through all forms of communication of their choosing.
A. Legislative and other measures taken to ensure that information provided to the general public is accessible to persons with disabilities in a timely manner an without additional cost
224. The Constitution (art. 16, paras. 1–3) guarantees participatory and comprehensive inclusion for persons with disabilities, regardless of its form or medium, using their own language and symbols, and access to information and communications technology, regardless of the type of disability. 225. This provision is complemented by article 19 (f) of the Disabilities Act, which makes it compulsory to provide access to communications. 226. The National Plan for Good Living 2009–2013 Millennium Goals includes Goal No. 10: guarantee access to public participation and politics, and Goal No. 11: establish an economic system which is social, sustainable and solidarity-based. 227. For the benefit of the blind, the Directorate for Comprehensive Support for Persons with Disabilities has issued copies in Braille of the Convention and of the Disabilities Act and its implementing regulations. That publication was funded by CONADIS and the Ministry of Economic and Social Inclusion and printed by FENCE. It was distributed to the national federations and associations of the blind countrywide. FENCE also participated in its delivery to national-level institutions which had requested it.
B. Legislative and other measures taken to ensure that persons with disabilities can use their preferred means of communication in all forms of official interaction and access to information, such as sign language, Braille, augmentative and alternative communication, and all other accessible means
228. Article 47, paragraph 11, of the Constitution provides for access to alternative mechanisms, media and forms of communication, including sign language for the deaf, oralism and texts in Braille. 229. Persons with disabilities, especially those who need to use alternative forms of communication, are supported by federations which have made possible the exercise of that right. The State has also published information in Braille, has funded and jointly participated in training to enable persons with and without hearing disabilities to learn sign language. Media such as the State television service broadcast news programmes in which a person is seen on one side of the screen giving the news in sign language.
GE.13-44356 (EXT) 39 CRPD/C/ECU/1
C. Measures taken to urge private entities and mass media to provide their information and services in an accessible form for persons with disabilities, including measures taken to prevent the blocking or restriction of access to information in alternative formats by the private sector
230. Funding has been provided for sign language courses for personnel from public- and private-sector bodies. Three workshops on basic Ecuadorian sign-language vocabulary were organized for staff who come into contact with the public, designed for public- and private-sector entities in the participating provinces. About 60 people received a total of 24 hours of training, spread over three days. These workshops, held in 2006 in the provinces of Manabí, Guayas, Azuay and Pichincha, lasted for three months in total, at a cost of US$ 6,000. 231. The Centre for Citizen Monitoring of the Media was created on 30 March 2010. Its purpose is continuously to monitor the media and communications in Ecuador to ensure plurality, independence, reliability and appropriateness.
D. Degree of accessibility of mass media and percentage of public websites that comply with Web Accessibility Initiative standards
232. Over the past two years, the State-owned broadcast media have included sign language interpretation in their programming such as news bulletins, religious services, weddings, and public information broadcasts. 233. About 15 per cent of State-owned Web pages comply with the Web Accessibility Initiative standards and this figure will be rising in the coming years. 234. A good example of accessibility on the websites of State institutions is that of the Ministry of Labour Relations. This gives access to the Employment Law Information System, offering key information on labour law with 250 questions and answers on numerous employment-related issues of interest to the public, including the hiring system, rights and obligations arising out of the employment relationship, and labour disputes and ways of settling them. The information is provided in the form of short, easy-to-read summaries containing links which enable readers to expand their searches. The system also makes available a system of calculators. Its voice portal offers access to information through a voice-driven system which clearly guides the user through employment law, the 250 questions and answers, how to feel secure when signing contracts or negotiating on wages and numerous other areas of interest for both workers and employers and for the general public. (See the website of the Ministry of Labour Relations.)
E. Legislative and other measures relating to the official recognition of sign language(s)
235. Under article 47 of the Constitution, the State is required to implement policies on disability prevention and, jointly with society and the family, to ensure equal opportunities and social integration for persons with disabilities. Paragraph 11 of that article sets out the policy of access to alternative mechanisms, media and forms of communication, including sign language for the deaf, oralism and the Braille system. 236. Regarding the rights of the individual in general, the Constitution (art. 16, para. 4) mentions access to and use of all forms of visual, auditory and sensory communication and others which permit the inclusion of persons with disabilities.
40 GE.13-44356 (EXT) CRPD/C/ECU/1
237. Persons with disabilities are therefore protected by the supreme law, under which they have rights permitting them to use forms of language and signs which are specific to their community and alternative forms of communication; this is the basis for the existence of Ecuadorian sign language.
XVII. Article 22 Respect for privacy
238. This article recognizes the right of all persons with disabilities to the protection of their private life, honour and reputation.
A. Measures to protect the privacy of personal, health and rehabilitation related information of persons with disabilities
239. State institutions which work with persons with disabilities and handle personal information maintain complete confidentiality in relation to such persons who have been issued with identity documents and whose information is recorded in the database of the National Register of Natural Persons of CONADIS. That information is protected under article 6 of the Freedom of Information Act. 240. The Health Organic Act (art. 7) states that all persons, free from any discrimination, are entitled to respect for their dignity, independence and privacy; their culture, with its customs and practices; their sexual and reproductive rights; a single clinical history expressed in precise, comprehensible and complete terms; and the confidentiality of the information contained therein and the right to receive a medical case summary.
B. Measures to ensure that persons with disabilities are not concealed on the pretext of protection of privacy
241. Ecuador believes that one way to protect persons with disabilities from concealment is to promote awareness and identification of them. Consequently, efforts have been made to issue identity documents to persons with disabilities, in strict compliance with the implementing regulations of the Disabilities Act (arts. 47, 48, 49 et seq.) and the terms of the Constitution (art. 66, para. 19).8 As of December 2010, 278,971 persons had been issued with the documents.
XVIII. Article 23 Respect for home and the family
242. This article recognizes the right of persons with disabilities to marriage and to found a family, to decide freely on the number of children to have, and to retain their fertility on an equal basis to others.
8 “The right to protection of personal data, including access to and the right to decide on such data and the appropriate protection. The collection, storage, processing, distribution and dissemination of personal data or information shall require the permission of the person concerned or a legal mandate.”
GE.13-44356 (EXT) 41 CRPD/C/ECU/1
A. Measures to ensure that persons with disabilities may exercise the right to marry and to found a family on the basis of full and free consent
243. The Constitution (art. 67), which states that the family is the nucleus of society, provides it with the necessary protection, including the right to choose to found a family, to marry or to enter a recognized de facto union. Thanks to this constitutional and legal provision, all persons with and without disabilities have the right to found a family or a household for the term and under the conditions and circumstances set out in the law. 244. This article is to be read in conjunction with article 11 (2), which recognizes and guarantees those rights for all people without any discrimination.
B. Measures taken so that persons with disabilities have access to family planning, assistive reproduction and adoption or fostering programmes
245. Article 66, paragraphs 9–10, of the Constitution, incorporating the requirements and provisions of the Convention, recognizes the right of all persons with or without disability to make decisions on family planning and sexual health. The State is required to provide access to the means necessary for those decisions through the relevant public institutions. The Ministry of Economic and Social Inclusion works with a gender equity and sexuality module and provides basic tools to promote gender awareness. Also involved is the Ministry of Public Health, in compliance with article 23 of the Health Organic Act, providing family planning programmes and services so that men and women can enjoy the right to determine the number of their children freely and voluntarily, without coercion, violence, discrimination or the need to obtain the consent of any third party. 246. Article 23 of the Act provides that family planning programmes and services are to guarantee the right of men and women to decide freely, voluntarily, responsibly, independently and without coercion, violence or discrimination how many children they will procreate, maintain and bring up, on an equal basis, without the need to obtain the consent of any third party, and to have access to the necessary information for that purpose.
C. Measures to ensure that parents with disabilities who so require are provided with appropriate support in their child-rearing responsibilities, ensuring the parent-child relationship
247. The Disabilities Act protects not only persons with disabilities but also parents or guardians who have persons with disability under their responsibility or financially dependent upon them. 248. Article 9 (k) of the Act provides that, within the resources of the entity responsible for disability policy, a certain percentage will be devoted to the funding of projects to develop and strengthen organizations of and for persons with disabilities and prevention and of support and integration programmes. 249. As for the Armed Forces, Directive No. 02-2009, on compliance with current legal requirements in relation to disabilities in the Armed Forces, ensures family unity, rehabilitation, geographical stability and the provision of State housing.
42 GE.13-44356 (EXT) CRPD/C/ECU/1
D. Measures to ensure that no child is separated from her/his parents because of the disability of either the child or one or both of the parents
250. Article 21 of the Code on Children and Adolescents provides that children and adolescents have the right to know their parents, to be cared for by them and to maintain emotional relations with them which are permanent, personal and regular with both parents [...], unless the relationship or domestic situation endangers their rights and guarantees. 251. Under article 22, children and adolescents have the right to live and develop within their biological families. 252. Institutional living, preventive detention, deprivation of liberty or any other solution which removes children or adolescents from the family environment is to be applied as an exceptional last resort.
E. Measures to support the parents and families of children with disabilities in order to prevent concealment, abandonment, neglect or segregation of the child with a disability
253. Through the “Growing with our children” programme, the State cares for children under 5 years of age through a process of family and community training to ensure the children’s integral development. This programme trains and instructs parents to ensure appropriate nutrition, health care and education for children with disabilities under their responsibility. It also works to strengthen the emotional and cognitive capacities of pregnant mothers. 254. The programme strengthens the participation of families and communities and ensures the enforceability of children’s rights in population groups which are widely dispersed. It provides parents with instruction in child development, to foster their involvement and shared responsibility in their children’s upbringing and full development, and promotes participation by families, organizations and the community for the enjoyment of the rights of children.
F. Measures to avoid institutionalization of children with disabilities whose parents are unable to care for them, and to ensure that they are provided with alternative care from the wider family, or when this is not possible, in a family setting in the wider community
255. The following are some of the programmes being conducted in Ecuador to prevent the institutionalization of children with disabilities when their mothers or fathers are unable to look after them: • The National Institute of Children and the Family branch in Sucumbíos entered into agreements amounting to US$ 74,044 with the community of the General Farfán district to assist 686 children and adolescents using various modalities. Data from the country’s comprehensive system of social indicators show that 948 children aged 5 years or less and 861 adolescents aged 12–17 live in the General Farfán parish. • Five different modalities are used, selected according to the specific situation of each child or adolescent. The “Growing with our children” and “Learning with family” modalities are designed to provide assistance in the children’s own homes when their locations prevent them from attending a centre.
GE.13-44356 (EXT) 43 CRPD/C/ECU/1
• Another modality, the child worker programme of the National Institute for Children and the Family, aims to eradicate child labour thanks to financial assistance and the integration of children and adolescents into the education system according to their age. The programme includes pedagogical support to bring the children’s knowledge up to the appropriate level. • The community-based rehabilitation modality provides care to children and adolescents with disabilities, which may be congenital or caused by illness, serious injuries or accidents. Lastly, the participation modality seeks to generate movement and citizen involvement in protecting the rights of the children and adolescents in their local communities.
G. Measures to prevent the forced sterilization of persons with disabilities, especially girls and women
256. Under the Health Organic Act, every person, without discrimination on any grounds, is entitled to the following in the area of health care: respect for dignity, independence and privacy, for the person’s culture, with its customs and practices, and for sexual and reproductive rights. 257. Under article 32 of the Act, in all cases of domestic and sexual violence and its consequences, comprehensive health care must be given to those affected. Health-care personnel have a duty to provide care in case of such violence; among other things, they must provide emergency contraception and apply the necessary prophylactic and therapeutic plans and procedures to detect and prevent the risk of sexually transmitted infections, particularly HIV and hepatitis B, after providing advice and counselling to the victims, with their informed consent given in writing.
XIX. Article 24 Education
258. This article recognizes the right of persons with disabilities to education on the basis of equal opportunity, ensuring an inclusive education system at all levels and the facilitation of access to lifelong learning.
A. Measures taken to ensure that every child with disabilities has access to early-stage education, and mandatory primary, secondary and higher education
259. The Constitution (art. 47, paras. 7–8, and art. 48, para. 1) refers specifically to the right to education of persons with disabilities. Article 344 establishes the national education system, which includes the institutions, programmes, policies, resources and actors of the education process and actions at the levels of preschool, primary and secondary education and will be linked to the higher-education system. 260. The regulations on special education value diversity, respecting difference as something that enriches the institutional, personal and social development of all students, including children and young people with or without disabilities (art. 7). It guarantees access and retention for all children and young people with special educational needs, with or without disabilities, who are able to enter the mainstream education system (art. 5).
44 GE.13-44356 (EXT) CRPD/C/ECU/1
261. Primary education is compulsory for children and young people with temporary or permanent special educational needs in the general school system. They are to be enrolled in special schools only when it is determined that mainstream schools cannot satisfy their special educational needs (art. 7 (1)). 262. The enrolment of children with special educational needs is to begin as soon as a disability or the risk of disability is detected, supporting and stimulating their development and learning in a context of the greatest possible integration. Educational support for children with special educational needs aged between 0 and 5 years is to begin as soon as a disability or the risk of disability is detected. 263. Psychological guidance and analysis centres, which are multidisciplinary teams within special schools, are responsible for early detection and for assessing the special educational needs of children with or without disabilities. 264. The preschool enrolment of children with special educational needs is to begin and end at the ages specified in the Education Act. Their teaching takes place in mainstream schools which provide high-quality educational support; the children with special educational needs are permitted to remain for an additional year subject to a report from an educational psychologist (art. 9). 265. The regulations on special education also state that children and young people with special educational needs, with or without disabilities, can attend mainstream educational establishments in any part of the country. To the extent possible, each of those establishments is to deal with a single type of disability and, depending on the personal characteristics of the children and young people, they are to continue until they complete primary education. 266. The Ministry of Education and Culture, through its national, regional and provincial special education departments, ensures that when special-needs students attend schools and specialized training centres at the level of secondary education, the personal and material means are available to permit them to pursue their studies with the necessary curricular adaptations. 267. The multidisciplinary teams in the relevant departments will provide advisory services to the managers of the educational establishments to ensure that the special-needs students can achieve the general goals of secondary education or vocational training courses. 268. There are multidisciplinary teams in the institutions, constituting a central component of inclusive education, which guide decisions as to who should enrol and who should not and the processes which need to take place, from special education to mainstream education, to create real and effective integration (art. 75). 269. The Education Act states that the evaluation carried out by the educational psychologist should emphasize curricular skills of the special-needs student and his or her learning potential, speed, style and motivation. 270. That evaluation must identify the needs of the children and young people in terms of the support and the type and level of assistance they need in the different areas needed for them to progress in their school careers and also to give them social skills (art. 76). 271. The multidisciplinary teams are required to advise, train, guide and raise the awareness of teachers in the mainstream educational institutions which receive children and young people with special educational needs and to have mainstream teachers visit their premises when necessary. They also conduct comprehensive evaluations of the children at the school and of those requesting assistance from other mainstream schools and advise teachers in the preparation of curricular adjustments (art. 77).
GE.13-44356 (EXT) 45 CRPD/C/ECU/1
272. Integration support teams basically comprise special education teachers and professionals performing specific technical functions (art. 78). 273. Article 42 of the Code on Children and Adolescents establishes the right of children and adolescents with disabilities to receive an education, stating that boys, girls and adolescents with disabilities are entitled to be included in the education system in accordance with their levels of disability. All educational units are required to accept them and provide the support and implement the physical, pedagogical, evaluation and promotion adaptations which correspond to their needs. 274. The Metropolitan District of Quito, through its education department, runs a programme of educational integration for marginalized social groups including children and adolescents with disabilities. The existence of specific quotas for them in the district’s schools has ensured the integration into mainstream education of a number of disabled students.
B. Information on the number of boys and girls with disabilities in early- stage education
275. The Special Education Unit of the Ministry of Education has dealt with a total of 2,386 children, 1,372 boys and 1,014 girls. It has carried out 30,650 interventions. 276. For early learning, 84 classrooms have been created, of which 58 have been monitored and evaluated to verify their effectiveness.
Number of children Age group Percentage
648 0–2 years and 9 months 46 675 2 years and 9 months to 5 years 48 91 Over 5 years 6
Number of children Disability Percentage 541 Developmental delay (intellectual disability) 38 409 Physical 29 28 Visual 2 77 Hearing 5 6 Deaf-blindness 0.4 78 Down’s syndrome 5 16 Autism 1 103 Multiple disabilities 7 156 Speech problems 11
277. Through the Ministry of Economic and Social Inclusion and the National Institute of Children and the Family, the State runs early-learning and prevention centres which provide personalized comprehensive support to children aged under 2 years and their mothers. The services provided are prenatal stimulation, early learning, nutritional supplements and health care to reduce neurodevelopmental risks and prevent disabilities. These units work in localities having high levels of social, biological and psychological risk. The programme has 32 units in health centres nationwide, in coordination with the comprehensive health care programme of the Ministry of Health. In 2009 it cared for 4,195 children aged between 0 and 2 years, for an investment of US$ 165,440.
46 GE.13-44356 (EXT) CRPD/C/ECU/1
C. Information on the existing significant differences in the education of boys and girls in the different education levels and whether there are policies and legislation to eliminate these differences
278. The current Constitution, the draft education bill, the regulations on special education and the Disability Act and its implementing regulations constitute the legal framework for the elimination of such differences. 279. In comparison with the same age groups in the general population, a smaller proportion of persons with disabilities enter mainstream education. As the educational level becomes more advanced, their enrolment rate diminishes; thus, only 8 per cent of persons with disabilities attend university. The lower enrolment rates for persons with disabilities are observed in rural areas. 280. At the national level, the percentages of persons with disabilities enrolling in mainstream education are low owing to the continued existence of parallel systems: the general education for people without disabilities and special education for persons with disabilities.9
D. Legislative and other measures that ensure that schools and materials are accessible and that individualized reasonable accommodation and support required by persons with disabilities is provided to ensure effective education and full inclusion
281. Article 11 of the Constitution guarantees that all citizens are on an equal footing, enjoying the same rights, duties and opportunities, and that no person may be discriminated against on any grounds. Articles 47 and 48 provide that persons with disabilities are to receive preferential treatment for their full integration and that the State will ensure that they enter the mainstream education system; consequently, educational establishments are to apply differential treatment, comply with accessibility standards and implement a system of grants. 282. Article 19 of the Disability Act specifies that the State will recognize, among other rights and benefits, access for persons with disabilities to mainstream education in public and private institutions and at all levels of the education system, providing the necessary support. 283. Article 42 of the Code on Children and Adolescents states that children and adolescents with disabilities are entitled to be included in the education system. All educational units are required to accept them and provide, according to their needs, the necessary support physical adaptations and pedagogical adjustments in terms of evaluation and promotion. 284. Article 1 of the regulations on special education standardizes and facilitates the treatment given in the education system to children and young people with special educational needs, whether or not the special needs result from a disability or from being particularly gifted. The term “special educational needs” refers to all children and youth whose needs arise from their abilities or learning difficulties. 285. Those regulations define principles, goals, policies and guidelines through early learning, preschool, primary and secondary education, on the basis of monitoring and evaluation. They are reflected in the institutional educational project, curricular adaptations, multidisciplinary teams, technical and didactic support, instruction in vocational and
9 Source: Ecuador: La Discapacidad en Cifras (Ecuador: disability in figures), March 2005, p. 152.
GE.13-44356 (EXT) 47 CRPD/C/ECU/1
occupational areas and all training needs throughout the organizations, facilitating the active involvement of parents. 286. The report of the special education department of the Ministry of Education shows that: • Physical obstacles have been removed in 300 public schools; and • Training in inclusive education has been given to 1,037 teachers in 89 schools.
E. Availability of specific skills training services for children, adults or teachers who so require in Braille, sign languages, augmentative and alternative communication, mobility and other areas
287. Education for All Children with Visual Impairment (EFA-VI), a global campaign of the International Council for Education of People with Visual Impairment (ICEVI), jointly with the World Blind Union (WBU), and with support from the Ministry of Education and the Ministry of Health, have conducted a number of activities including the following: • A workshop on the use of the abacus, held from 16 to 20 November 2009 and funded by the Ministry of Education and ICEVI, designed for the country’s special education teachers. It involved 100 students, with a teacher for every five students; the budget was US$ 10,000. • A Braille workshop for 100 students held from 26 to 30 October 2009 for teachers working in the areas of special education and educational integration, with an instructor for every five students. It was also funded by the Ministry of Education and ICEVI, with a budget of US$ 10,000. • A workshop was held from 14 to 16 July 2009, with 41 participants (24 women and 17 men). Those present included national supervisors, special education supervisors, representatives of the Ministry of Health and the Ministry of Economic and Social Inclusion. The workshop, on strategies for the use of screening to detect children and adolescents with eyesight problems, was organized by the Ministries of Education and Health and funded by the Spanish NGO Fundación Once and the Ministry of Education, with a budget of US$ 18,500. • Between August and November 2009, 17 workshops on screening to detect children and adolescents with eyesight problems were organized by the Ministries of Education and Health, attended by a total of 5,157 teachers in both special and mainstream education, provincial supervisors and directors of institutions from 17 provinces, distributed as follows.
Province Participants Female Male
Tungurahua 83 60 23 Azuay 38 20 18 Cotopaxi 60 30 30 Loja 196 89 107 Pastaza 145 66 79 Los Ríos 156 78 78 El Oro 3 400 2 000 1 400 Guayas 222 192 30 Chimborazo 34 27 7
48 GE.13-44356 (EXT) CRPD/C/ECU/1
Province Participants Female Male
Morona Santiago 20 12 8 Galápagos 86 26 60 Napo 111 62 49 Imbabura 187 123 64 Manabí 178 102 76 Santo Domingo 16 10 6 Sucumbíos 25 21 4 Cañar 200 80 120
The training covered the following areas: • Audio reproduction of teaching materials (books on the natural and social environments for the third year of primary school) took place in August 2009, organized by the Ministry of Education with a contribution of US$ 15,200 from the EFA-VI campaign. This benefited 500 students with visual disabilities in mainstream education and participants in the national literacy programme. • Between June and October 2009, production of books in Braille as part of the national literacy programme. This was organized by the Ministry of Education with a budget of US$ 15,000 and targeted students with visual impairments. In all, 1,000 Braille books were produced, 500 of them on language and communication and 500 on mathematics for the first two years of primary school. • Between 6 and 19 September 2009, follow-up to the National Programme for the Deaf-Blind and on-site technical assistance organized by the Ministry of Education. The participants were 41 students (25 females and 16 males), and the goal was to provide special education teachers working with deaf-blind people and those with multiple disabilities in the following schools: the special education institutes of Azogues and Tulcán, the educational psychology, analysis and guidance centre of Chimborazo and the Juan Pablo II special education institute in Esmeraldas. 288. The Ministry of Economic and Social Inclusion funds sign language courses with support from the Association of the Deaf of Pichincha. 289. In 2009, the Ministry of Economic and Social Inclusion, through the Directorate for Comprehensive Support for Persons with Disabilities, carried out a project for the printing and distribution in Braille and large print of the Disabilities Act and its implementing regulations, the Convention, the Violence against Women and the Family Act, the internal regulations of the Ministry of Economic and Social Inclusion, the Young Persons Act and the Ibero-American Convention on the Rights of Young People. As a result, 19 literacy centres and libraries received material in Braille. Thus, the Ministry promotes the right to information and communication for persons with visual disabilities and encourages them to demand compliance by the State. Some 3,500 texts were printed; the budget provided for this project was US$ 20,000. Five training courses were given, involving 21 organizations nationwide. 290. A sign language initiation course was given to officials in public- and private-sector bodies so that they could communicate better with deaf people. There were 35 participants, and the budget was US$ 450. The course was taught by the National Federation of the Deaf (FENASEC) from 12 to 30 April 2010.
GE.13-44356 (EXT) 49 CRPD/C/ECU/1
F. Measures taken for the promotion of the linguistic identity of deaf persons
291. The Constitution enshrines the right for all persons individually or collectively to enjoy free, intercultural, inclusive, diverse and participatory communication in all areas of social interaction, through any medium or form, using their own languages or symbols (art. 16, para. 1) and their right to have access to and to use all forms of visual, auditory, sensory communication and any others which make possible the inclusion of persons with disabilities (art. 16, para. 4). 292. Persons with disabilities have the right of access to alternative mechanisms, media and forms of communication such as sign language for the deaf, oralism and the Braille system (art. 47, para. 11). 293. The regulations on special education list all the infrastructure, technical and technological aids and teaching materials which facilitate educational integration; these include hearing aids, Braille frames and styluses, abacuses, machines, computers, orthotics and prosthetics. The educational institution is responsible for providing, as part of its educational work, the support or assistance described as complementary and whose use depends on the type of disability (art. 123).
G. Measures to ensure education is delivered in the most appropriate languages, modes, means of communication, and environments for the individual
294. The Constitution enshrines as a State policy suitable access to all goods and services, the elimination of architectural barriers (art. 47 (10)) and access to alternative mechanisms, media and forms of communication such as sign language for the deaf, oralism and the Braille system. 295. The regulations on special education provide for audio reproduction of teaching materials for students with visual disabilities attending mainstream schools and participating in the national literacy programme (art. 123).
H. Measures to ensure an adequate training on disability to professionals in the education system, as well as measures to incorporate persons with disabilities in the education team
296. Article 7 (2) of Ministerial Agreement 18-10 (13 January 2010) states that, for the filling of posts in special education, experience in the field is preferred in addition to the relevant qualifications. 297. Pursuant to that Agreement, the Ministry of Education has conducted a series of training and continuing-education events for professionals working in mainstream and special education. 298. With postgraduate teacher training institutes and higher-education departments, it has also coordinated the inclusion of disability content in curricula. 299. The Ecuador branch of the EFA-VI campaign has provided training on aspects of educational inclusion to supervisors, teachers and the staff of educational psychology and personal support classrooms at the psychological guidance and analysis centres.
50 GE.13-44356 (EXT) CRPD/C/ECU/1
300. At the national level, 144 multidisciplinary teams, 367 educational inclusion classrooms and 16 classrooms within psychological guidance and analysis centres have been created.
I. Number and percentage of students with disabilities in tertiary education
301. Between June 2007 and April 2010, the Ecuadorian Professional Training Service (SECAP) provided technical training to 10,956 persons with disabilities at the national level, of whom 24 per cent belonged to the coastal region, 62 per cent to the highlands region, 14 per cent to the Amazon region and 0.01 per cent to the islands region.
J. Number and percentage of students with disabilities by gender and fields of study
302. In 2009, SECAP trained 2,239 persons with disabilities. Of the total, 2 per cent were trained in subjects relating to the agricultural, forestry, mining and fishing sector; 65 per cent to the commerce and services sector; and 33 per cent to the industry and manufacturing sector. Approximately 240 persons with disabilities were trained in 2010. SECAP does not have gender-disaggregated data. 303. The following table contains information from the Ministry of Education on the percentages of men and women with disabilities attending educational institutions, broken down by type of disability.
Men Women Total
Special education 6 021 (57%) 4 538 (43%) 10 559 (100%) Intellectual disability 3 513 (33%) 2 607 (27%) 6 120 (57.96%) Autism 168 (1.5%) 52 (0.5%) 220 (2%) Physical disability 699 (7%) 560 (5%) 1 259 (12%) Hearing disability 903 (8.5%) 783 (7%) 1 686 (16%) Visual disability 263 (2.5%) 189 (1.5%) 452 (4%) Deaf-blind 18 (0.15%) 5 (0.05%) 23 (0.2%) Multiple disabilities 457 (4%) 342 (3%) 799 (7.5%)
K. Reasonable accommodation provisions and other measures to ensure access to lifelong learning
304. Article 3, paragraph 1, of the Constitution guarantees the effective enjoyment of rights, particularly those relating to education, without any kind of discrimination. 305. It also states that education is a lifelong right and that its provision is a mandatory duty of the State, making it a priority of both public policy and social investment. Education is also a guarantor of equality and social inclusion and an essential condition for good living. Individuals, families and society have the right and duty to participate in the educational process (art. 26). 306. For persons with disabilities in particular, the Constitution guarantees education which will develop their potential and abilities in the interest of integration and participation on an equal basis with others, and which is to be provided within mainstream
GE.13-44356 (EXT) 51 CRPD/C/ECU/1
education. Mainstream institutions are to incorporate differential treatment and special schools will provide specialized education. Educational establishments are required to comply with standards of accessibility for persons with disabilities and implement a system of grants in response to their financial status (art. 47 (7)). 307. Under article 42 of the Code on Children and Adolescents, children and adolescents with disabilities are entitled to be included in the education system in accordance with their levels of disability. All establishments are required to receive them and to provide support and physical, teaching, evaluation and promotion adaptations according to their needs. 308. The general regulations on special education promote and regulate the right to education of persons with disabilities in order to establish reasonable accommodation and other measures. They particularly aim for the enrolment in mainstream education of children and young people with disability-related special educational needs.
L. Measures taken by the State to ensure early identification of persons with disabilities and their education needs
309. Since 2007, the Ministry of Health has conducted the Plan Visión, a project for early detection of visual impairment among schoolchildren. Some 190,000 children have been screened and corrective glasses have been provided to 6,000 of them. Since September 2010, by agreement with the Office of the Vice-President, early detection of hearing impairment among infants and schoolchildren has been taking place at 480 Ministry of Public Health operational units; this includes the provision of hearing aids and aural rehabilitation. 310. In 2007–2008, with support from the Office of the Vice-President and in collaboration with the Ministry of Education, a project for the creation and running of 80 early-learning classrooms was conducted through CONADIS at the nationwide level. As of December 2008, the units had treated 1,888 children aged under 5 years and carried out 30,650 appointments. 311. CONADIS has also conducted training sessions in disability rating for health professionals, using scales for the assessment of disability levels. This activity involves determining the needs of the person concerned and guiding him or her towards comprehensive rehabilitation. 312. The Ministry of Education has set up 16 psychological guidance and analysis centres.10 313. A workshop was held for national coordinators of the National Special Education Department, to teach selection strategies in the detection of children and adolescents with sight impairments. The participants included 20 specialist teachers (12 women and 8 men). 314. There are eight operational units of the Ministry of Health for infants at high risk of psychological, neurological and sensory disorders, located in Quito, Guayaquil, Cuenca, Manta, Esmeraldas and Tena. 315. The Ministry of Public Health has opened a national referral centre for neurodevelopmental disorders in Cuenca.
10 The Psychological Guidance and Analysis Centre in Riobamba was created in 1995 by the Provincial Education Directorate, through the province’s education department, to help children with special educational needs.
52 GE.13-44356 (EXT) CRPD/C/ECU/1
XX. Article 25 Health
316. This article recognizes that persons with disabilities have the right to the enjoyment of the highest attainable standard of health, ensuring access for persons with disabilities to health services, including health-related rehabilitation, that are gender-sensitive, in their community and without financial cost.
A. Legislative and other measures that protect against discrimination and ensure that persons with disabilities have the same access to quality health services, including in the area of sexual and reproductive health
317. The right to health is guaranteed by the State. Its enjoyment is linked to the exercise of other rights which include the rights to water, food, education, physical exercise, employment, social security and a healthy environment, and others which sustain good living. The State safeguards these rights through economic, social, cultural, educational and environmental policies as well as permanent, timely and inclusive access to programmes, actions and services for the promotion of health, comprehensive health care and sexual and reproductive health services. The provision of health services is governed by the principles of equity, universality, solidarity, interculturality, quality, efficiency, effectiveness, prevention and bioethics, with a gender and generational perspective (article 32 of the Constitution). 318. The Constitution also recognizes the right to provision of medicines free of charge to persons with disabilities, particularly those requiring lifelong treatment (art. 47, para. 1). 319. Under article 7 of the Health Organic Act, all persons are entitled to universal, equitable, permanent, timely and quality access to all health-related services and activities and access free of charge to public health programmes and activities, without discrimination of any kind. 320. The social security institute has signed an inter-agency agreement for the joint provision of prosthetics and stents to persons with disabilities whether or not they are members, according to each body’s specific competencies.
B. Measures taken to ensure that persons with disabilities have access to disability-related health rehabilitation in their community freely and without financial cost
321. CONADIS has created 99 basic rehabilitation units in Ecuador, with the cooperation of the same number of municipalities; this service is free of charge and open to the community. 322. In 2009, 5,000 wheelchairs were delivered to persons with disabilities and older persons nationwide.11 323. The National Institute for Children and the Family has four medical rehabilitation centres for persons with disabilities, located in four different provinces: Azuay, Guayas, Manabí and Pichincha. Formerly, the Institute provided care only to children and adolescents with disabilities, but since 2009 services have been extended to all groups with priority needs.
11 Source: Ministry of Public Health.
GE.13-44356 (EXT) 53 CRPD/C/ECU/1
324. In 2009, a total of 92,686 persons with disabilities received attention at the four medical rehabilitation centres, for an investment of US$ 439,269. 325. The services currently available at the centres are neurology, physiatry, electromyography, reconstructive and hand surgery, otolaryngology, ophthalmology, dentistry, acupuncture, paediatrics, general medicine, anaesthesiology, traumatology, radiology and psychology. 326. The fact that the services are provided free of charge, together with the high quality of care at the centres, has resulted in a constant increase in patient numbers, as can be seen from the comparative statistical data which are processed each month. 327. In 2009, hearing impairment centres in Azuay and Pichincha provided secondary therapy for parents in addition to aural hearing therapy. The method used is aural rehabilitation, a field in which the institution is pioneering. The following services are available: medical consultations; audiology evaluation; supply of hearing aids; production of auditory moulds and prostheses; and disability assessment. 328. A total of 4,320 persons received assistance, for an investment of US$ 25,341.55. 329. The Ministry of Economic and Social Inclusion and the National Institute of Children and the Family, through the Centre for Job Training for the Blind, provides rehabilitation services to persons with visual impairments (blind or partially sighted). This is a service which is unique in the country; it is used by inhabitants of various areas in the province of Pichincha and other regions such as Los Ríos, Esmeraldas, Carchi, Chimborazo, Morona Santiago and El Oro. It has specific programmes based on the parameters of the Latin American Union of the Blind, which promote social inclusion and integration for those with visual impairments. The service currently provides training and rehabilitation to 41 low- and middle-income students with visual disabilities. In 2009, the Centre assisted 6,172 persons, for an investment of US$ 39,771. 330. It currently runs the following programmes: • Basic functional rehabilitation; • Educational inclusion; • Prevention and awareness-raising in relation to visual impairment; • Community-based rehabilitation (in coordination with the Andean Region project of the National Federation of the Blind of Ecuador (FENCE)); • Early learning with cognitive support; • Employment reintegration. 331. The Centro Oftalmológico Ballenita (Little Whale Ophthalmology Centre), located in Santa Elena province, is a project being conducted thanks to an agreement between Cuba and Ecuador, offering treatment and surgery in cases of pterygium, cataracts and glaucoma; its services are provided entirely free of charge. In 2009, operations were carried out on 46,211 persons, for an investment of US$ 75,869. 332. The Solidarity-based Protection Network is a project implemented jointly by the Ministry of Public Health and the Ministry of Economic and Social Inclusion, through the Social Protection Programme. The Ministry of Public Health provides medical services through the public health network, while the Programme is responsible for funding the treatment of each patient. The network’s coverage is nationwide, serving all 24 provinces. 333. In 2009, the following took place within the network: • 529,755 electrotherapy treatments;
54 GE.13-44356 (EXT) CRPD/C/ECU/1
• 302,303 applications of medicated dressings; • 796,736 therapeutic exercises; • 51,611 sessions of paraffin heat treatment; • 70,754 occupational therapy sessions; • 18,228 appointments with children suffering from cerebral palsy; • 183,805 speech therapy sessions; • 123,477 respiratory therapy sessions; • 22,376 ultrasound sessions; and • 2,887 clinical psychology sessions. 334. In terms of preventive therapy, the following took place: • 410,067 appointments with pregnant women for disease prevention and prenatal care; • 14,000 instances of obstetric care; • 860,000 preventive care appointments with infants aged under 1 year; • 1,200,000 preventive care appointments with children aged 1 to 4; • 872,806 preventive care appointments with children aged 5 to 9; • 734,000 preventive care appointments with adolescents aged 10 to 19. 335. Citizens with disabilities receive preferential, priority treatment in the Metropolitan District of Quito. The care is provided free of charge, responding to each patient’s pathology. The municipality has also taken over the management and operation of the metropolitan referral and reception centre for persons with severe disabilities or limitations who are suffering abandonment or extreme marginalization.
C. Health services, early detection and intervention programmes, as appropriate, to prevent and minimize the emergence of secondary disabilities, paying attention to children, women and the elderly, especially in rural areas
336. The following are being implemented for the early identification of persons with disabilities and to determine their needs: (a) Since the fourth quarter of 2010, in 245 hospitals equipped with obstetric units, detection of alpha-foetoprotein for the diagnosis of deformities of the neural tube and other congenital deformities; (b) Detection of congenital hypothyroidism via umbilical cord serum, at two hospitals in Quito and Guayaquil; (c) A nationwide programme to begin in the near future for the early detection of hearing deficiencies in infants and schoolchildren, by agreement with the Office of the Vice-President and in 480 units of the Ministry of Public Health. The programme will also include the provision of hearing aids and aural and auditory rehabilitation; (d) A nationwide programme currently under way for the early detection of refractive defects among schoolchildren, by agreement with the Ministry of Education and the EFA-VI campaign. It includes the provision of corrective glasses; 9,000 pairs have been delivered to date. 337. In 2008 and 2009, CONADIS made investments in support of local management for the creation of 98 basic rehabilitation units and 80 early-learning units.
GE.13-44356 (EXT) 55 CRPD/C/ECU/1
338. This project targeted small towns and municipalities which did not have sophisticated health infrastructure. The services provided by these units are open to the general public. 339. The Ministry of Public Health has a complementary public care network with nationwide coverage in both urban and rural areas, organized according to the complexity of the assistance required; it includes lifelong primary, secondary and tertiary disability prevention. 340. Article 2 of Resolution No. 308 provides for outpatient services to promote health, prevention, early diagnosis and timely treatment of illness, rehabilitation, and minimizing the impact of disability. Local governments in designated geographical areas with particular population groups are required to produce health situation reports. 341. Community-based rehabilitation, a development strategy for rehabilitation, equal opportunities and social integration for all persons, is currently being implemented by the National Institute of Children and the Family in six of the country’s provinces: Loja, Sucumbíos, Orellana, Napo, Esmeraldas and Manabí. It specifically targets children and adolescents with disabilities who are receiving no support and those who have families with developmental disorders and/or disabilities and who do not enjoy good quality of life. 342. Its overall objective is to achieve community integration for children and adolescents aged between 0 and 21 years having one or more physical, mental, psychological, visual, hearing or speech disabilities whose level exceeds 25 per cent.
D. Legislative and other measures to ensure that general public health campaigns are accessible for persons with disabilities
343. All persons, without discrimination, have universal, equitable, permanent, timely and good-quality access to all health services and activities (Health Organic Act, art. 7).12 344. Under the Health Organic Act (art. 13), health plans and programmes for vulnerable groups listed in the Constitution (priority groups) are required to include the development of self-esteem and promote the enjoyment of rights; they must be based on recognition by the members of the national health system and by society in general of each person’s particular needs. This system will implement mental health plans and programmes based on comprehensive support, targeting vulnerable groups, with a family and community perspective and promoting social reintegration, for example, of persons with mental illnesses (art. 14). 345. In coordination with other relevant institutions and civil society organizations, the Ministry of Health will implement programmes for timely prevention, diagnosis, treatment and recovery in respect of growth and developmental disorders.
E. Measures put in place to inform doctors and other health professionals on the rights of persons with disabilities, including in rural areas
346. In 2009, 270 technicians from all the provinces working for the Ministry of Public Health received training on subjects relating to the rights of persons with disabilities and on aspects of disability prevention. 347. The contents of the Convention have been disseminated, electronically and in printed form, throughout the Ministry’s network of services (www.msp.gov.ec).
12 Act No. 67, Official Gazette Supplement 423, 22 December 2006.
56 GE.13-44356 (EXT) CRPD/C/ECU/1
348. Over 100 doctors, psychologists and social workers belonging to the social security institute were trained in the rights of persons with disabilities and the disability definition system.
F. Legislative and other measures to ensure that any health treatment is provided to persons with disabilities on the basis of their free and informed consent
349. Article 7 of the Health Organic Act establishes that all patients are entitled, without any kind of discrimination, to respect for their dignity, independence and privacy; their culture, with its customs and practices; and their sexual and reproductive rights. 350. The Act also requires the State to give all patients timely information on alternative treatments and on the products and services available in health-related processes. This is complemented by the right of all patients to exercise their free will through written consent and to make decisions relating to their state of health, diagnosis and treatment, except in case of emergency or situations which may endanger their lives or public health. 351. Lastly, no person in Ecuador may be subjected to clinical or laboratory trials, tests or research without his or her knowledge and prior written consent, or to diagnostic tests or examinations, except where the law expressly requires it or in case of emergency or situations which may endanger their lives. 352. In practice, there is a form for obtaining informed consent prior to any surgical operation, clinical treatment or diagnostic procedure. The form incorporates an explanation of the procedure and its secondary effects and it is compulsory for the patient’s express authorization to appear on the form.
G. Legislative and other measures that ensure protection against discrimination in access to health insurance and other insurance, when these are required by law
353. The social security institute has promulgated Resolution CD 308, defining the categories of people covered by the individual and family general health insurance. They are: those affiliated to the compulsory or voluntary scheme, those in receipt of retirement pensions, widows’ pensions or pensions resulting from industrial accidents, which may be permanent, partial, total or absolute, and those affiliated to the institute in situations resulting from industrial accidents or occupational illnesses.
H. Measures taken to ensure that sanitation facilities are not simply available, but fully accessible
354. The Ministry of Public Health has disseminated the Ecuadorian Standardization Institute (INEN) standards on accessibility implementation by departments concerned with the design and execution of physical infrastructure works. There are no concrete data regarding operational units with accessible environments. 355. The Ministry of Public Health provides simultaneous sign language interpretation in its television announcements. 356. A pilot programme of evaluation and verification was set up to monitor compliance with laws and regulations on the prevention of occupational risks which are applicable to businesses that come under the General Occupational Risk Insurance system of the social
GE.13-44356 (EXT) 57 CRPD/C/ECU/1
security institute and also the established strategies and deadlines. This programme will be implemented by that insurance system.
I. Measures taken to increase awareness and information in various accessible formats, including Braille, for HIV/AIDS and malaria prevention
357. Simultaneous sign language interpretation is now included in televised public-health messages. 358. The Ministry of Economic and Social Inclusion, through the Directorate for Comprehensive Support for Persons with Disabilities, together with the Ministry of Public Health, has provided training to students with disabilities, parents and teachers on the prevention of STIs, including HIV/AIDS, through workshops for the students of the Hearing and Speech Institute and the Colegio Leonardo Ponce in Quito; these events are attended by young people with hearing and speech disabilities.
XXI. Article 26 Habilitation and rehabilitation
359. This article establishes measures to enable persons with disabilities to attain and maintain maximum independence, full physical, mental, social and vocational ability, and full inclusion and participation in all aspects of life, through comprehensive habilitation and rehabilitation programmes, in the areas of health, employment, education and social services.
A. General habilitation and rehabilitation programmes for persons with disabilities, in the areas of health, employment, education and social services, including early intervention, and the availability of these services and programmes in rural areas
360. Seven employment training centres were created under a cooperation agreement concluded in 2009 between the Ministry of Education and CONADIS, located and functioning within special education institutions in the provinces of Carchi, Imbabura, Guayas, Manabí, El Oro and Tungurahua. They provide training to persons with moderate intellectual disabilities, giving them the skills and abilities necessary for labour market integration. 361. Another important agreement, signed in 2007 by the Ministry of Education and CONADIS, created 80 early intervention units in the country’s special schools. 362. In 1997, the Ministry of Public Health, with support from the Spanish Agency for International Development Cooperation and the Andalusian Government, set up eight prevention and support units for infants at high risk of psychological, neurological and sensory disorders, functioning within hospitals and health centres at the national level. These units, located in Quito, Guayaquil, Cuenca, Manta, Esmeraldas and Tena, were created in order to detect and provide early treatment to infants at high risk of psychological, neurological and sensory disorders and to conduct monitoring and assessment of periodic and systematic examinations in relation to neuropaediatric and psychomotor development, which take place every three months in the first year and then yearly up to the age of six. The service targets all children who already have established
58 GE.13-44356 (EXT) CRPD/C/ECU/1
pathologies at birth and those whose neuropaediatric and psychomotor examinations reveal developmental issues. 363. In 2007–2008, CONADIS entered into an agreement with 99 municipalities to create a basic rehabilitation unit in each one, located at the municipal offices of the cantons which are parties to the agreement. 364. The Ministry of Labour Relations conducts the following programmes jointly with NGOs in accordance with article 42 (33) of the Labour Code: • Labour market integration and reintegration of persons with disabilities, to achieve employment integration for them in the country’s productive sectors. • A project entitled Madres Apoyando a Madres (Mothers Supporting Mothers) began in 2005, organized by the Ministry of Labour Relations, with the goal of eliminating unemployment among women heads of household and helping their children avoid unemployment by strengthening their abilities and skills. • Disability prevention: with a view to reducing the rate of workplace accidents and preventing the appearance of new types of disability among workers as a result of workplace risks. Managed by the workplace risks unit of the social security institute. • Managed by CONADIS and the Ministry of Labour Relations, a programme to promote compliance with the right to work of persons with disabilities through awareness-raising, prevention, mediation and supervision activities. • Promoting self-employment among persons with disabilities who have small businesses with development capital support from CONADIS and the Banco del Fomento (Development Bank). 365. As for employment-related programmes, the Ministry of Economic and Social Inclusion, through the youth unit of the Working Child Programme, is implementing the Partnership in Opportunities for Employment through Technology in the Americas (POETA) in coordination with the Trust for the Americas Foundation of the OAS. The programme’s main objective is to provide social and technological tools to promote advantageous labour market integration of persons with disabilities. Since its beginnings in 2005, over 700 persons with physical and hearing disabilities have taken part in the project. 366. The Ministry of Economic and Social Inclusion and the Vista para Todos (Sight for All) foundation have signed a cooperation agreement to provide corrective or protective glasses to persons with visual impairments or disabilities. The project coverage is nationwide, and so far people have received care in the provinces of Guayas, Los Ríos, Manabí, Morona Santiago, Chimborazo, Pastaza, Napo, Pichincha, Cotopaxi, Tungurahua and Bolívar. 367. The Ministry of Economic and Social Inclusion has also signed a cooperation agreement with the Hermano Miguel Foundation for the provision of orthotics and prosthetics to low-income persons with disabilities in 17 of the country’s provinces: Esmeraldas, Manabí, Los Ríos, El Oro, Guayas, Galápagos, Santa Elena, Santo Domingo de los Tsáchilas, Carchi, Imbabura, Pichincha, Tungurahua, Cotopaxi, Bolívar, Chimborazo, Sucumbíos, Francisco de Orellana, Napo and Pastaza. 368. The department of the Ministry of Economic and Social Inclusion responsible for the province of Azuay, as part of its budget for 2007, signed a cooperation agreement with the DONUM Foundation for the provision of technical assistance to low-income persons with disabilities with the objective of improving their health status. This project will be conducted in the provinces of Azuay, Cañar, Loja, Morona Santiago and Zamora Chinchipe.
GE.13-44356 (EXT) 59 CRPD/C/ECU/1
369. Under the new management model of the Ministry of Economic and Social Inclusion, and with a budget of US$ 170,000, has hired qualified staff to provide quality services within the operational units of the Centre for the Protection of Persons with Disabilities located in the cities of Quito (2), Guayaquil, Cuenca and Loja. The purpose is to promote the social and economic inclusion of persons with disabilities and improve the quality, efficiency, effectiveness and transparency of the centres’ networking efforts. Some 600 persons with disabilities have benefited from this.
B. Measures to ensure that participation in habilitation and rehabilitation services and programmes is voluntary
370. The social security institute has a labour market reintegration policy guaranteeing the voluntary nature of participation in habilitation y rehabilitation services and programmes. 371. The Armed Forces have medical units with training programmes for professionals looking after personnel with disabilities in habilitation and rehabilitation, providing access to specialized medical care within and outside the country through inter-agency cooperation agreements.
C. Promotion of initial and continuous training for professionals and staff working in habilitation and rehabilitation programmes
372. Under the labour market reintegration policy designed by the general occupational risk insurance department of the social security institute, a social and occupational readaptation programme will be held for the institution’s staff and will include specialization in preventive techniques. 373. A visual rehabilitation course has been given within the institute for four teams consisting of ophthalmologists, optometrists and visual rehabilitation specialists, in the provinces of Esmeraldas, Guayas, Manabí and Pichincha, with a total of 20 participants (9 men and 11 women).
D. Measures taken for the promotion, availability, knowledge and use of assistive devices and technologies, designed for persons with disabilities, as they relate to habilitation and rehabilitation
374. The Ministry of Education has reproduced teaching material and technical and technological aids designed for students with visual disabilities attending mainstream schools (500 students). Equipment for the preparation of teaching materials, including 20 portable computers and 13 Perkins Braillers, has been provided to 10 institutions serving persons with visual disabilities.
E. Measures to promote international cooperation in the exchange of assistive technologies in particular with Third World countries
375. Since international cooperation must be inclusive and available to persons with disabilities, it has been treated as a right. The State has implemented measures to ensure social inclusion for persons with disabilities, through coordinated State-run and private plans and programmes to promote their political, social, cultural, educational and economic participation (article 48 of the Constitution).
60 GE.13-44356 (EXT) CRPD/C/ECU/1
376. In relation to social revolution, item 4 of the programme guidelines of the National Plan for Good Living calls for it to take place through social policy coordinated with an inclusive and mobilizing economic policy, so that the State can guarantee fundamental rights. 377. This comprehensive, consistent and integrating policy offers opportunities for socioeconomic integration and, at the same time, for strengthening the capacities of individuals, communities, peoples, nationalities and groups with priority needs so that they can exercise their rights.
XXII. Article 27 Work and employment
378. This article recognizes the right of persons with disabilities to work and to gain a living by participation in a labour market and work environment that is open, inclusive and accessible, including for those who acquire a disability during the course of employment.
A. Legislative measures taken to ensure protection against discrimination in all stages of employment and in any form of employment and to recognize the right of persons with disabilities to work on a basis of equality with others, in particular the right to equal pay for equal work
379. The State applies disability prevention policies, ensuring equal opportunities and social integration for persons with disabilities and recognizing their right to work on an equal-opportunity basis, fostering their abilities and potential and giving them access to public- and private-sector entities (article 47, paragraph 5, of the Constitution). It also recognizes and guarantees the right of freedom to work for persons with disabilities. No person may be obliged to carry out unpaid or forced labour except in the cases provided for by law (art. 66 (17)). 380. In accordance with the principles of gender equity and diversity of disabilities, the Labour Code (art. 42 (33)) requires public- and private-sector employers employing 25 or more workers to ensure that 4 per cent of the total number of their workers are persons with disabilities in permanent posts. 381. In 2008, the National Technical Secretariat for Human Resources Development and Remunerations in the Public Sector (SENRES) issued a resolution to ensure that persons with disabilities have equal opportunities to work in the public sector.13
B. Information on the impact of targeted employment programmes and policies in place to achieve full and productive employment among persons with disabilities, pursuant to article 27, paragraph 1 (a-g), of the Convention
382. In 2008, through the Ministry of Labour Relations, the State integrated 1,778 persons with disabilities into regular employment in eight provinces (El Oro, Esmeraldas, Guayas, Los Ríos, Manabí, Azuay, Bolívar, Cañar, Carchi, Chimborazo and Cotopaxi).14
13 Resolution SENRES-2008-00006, published in Official Gazette No. 262 of 29 January 2008. 14 Data from the booklet on accountability of labour-market integration activities for persons with disability, Ministry of Labour and Employment, 2009.
GE.13-44356 (EXT) 61 CRPD/C/ECU/1
383. The Ministry has reported that in 2009, through the services of its labour exchange, 3,000 persons with disabilities countrywide were integrated or reintegrated into employment as regular, formal employees. 384. As of November 2008, the Ministry had: • Provided training to 485 mothers and other family members of 280 children with disabilities in a variety of specializations for employment and everyday life; • Provided training in workplace safety standards to 800 entrepreneurs nationwide; • Provided advice and training in development microcredit management and business management to 337 persons with disabilities throughout the country, except for the Galápagos province; • Provided training nationwide to 2,000 persons with disabilities and their families in microenterprise management, basic accounting and taxation, and human resources management at the request of beneficiaries of the Fondo Semilla loan fund; • Assisted 469 persons with disabilities who had made requests or complaints for the restoration of their employment rights which had been infringed. 385. In 2008, in order to reduce unemployment among mothers of persons with disabilities, 850 persons including mothers and children with disabilities were provided with training, advice and support with seed capital for business start-ups and the creation of family or associative microenterprises through the Madres Apoyando a Madres (Mothers Supporting Mothers) programme.15 386. The municipality of Quito Metropolitan District has clear policies to promote the labour market integration of the city’s disabled community. The Conquito economic development agency has a specific module for matching job-seekers with disabilities and suitable vacancies, acting as a placement agency. Its efforts have resulted in the hiring of 331 persons in permanent posts in businesses in the city. 387. SECAP, one of the entities coordinated by the Ministry of Labour Relations, has funded training programmes for groups with priority needs, a category which includes persons with disabilities. The programmes are implemented by SECAP subject to accreditation from the National Council for Professional Training and Instruction. 388. The following data relate to labour market reintegration achieved by SECAP between January and May 2010: • Private-sector businesses which hired persons with disabilities: 258; • Public-sector businesses which hired persons with disabilities: 15; • Persons with disabilities hired by various public- and private-sector institutions: 691; • Persons with disabilities who received training: 81.
15 Data from the booklet on the Madres Apoyando a Madres project, Ministry of Labour and Employment, 2008.
62 GE.13-44356 (EXT) CRPD/C/ECU/1
C. Information on the impact of measures to facilitate re-employment of persons with disabilities who are made redundant as a result of privatization, downsizing and economic restructuring of public and private enterprises, pursuant to article 27, paragraph 1 (e), of the Convention
389. The Constituent Assembly which drafted the current Constitution of Ecuador enacted Mandate 8, article 1 of which proclaims the abolition and prohibition of outsourcing, labour intermediation and anything which introduces insecurity into the employment relationship in the activities in which the business or employer is engaged. The employment relationship is to be direct and bilateral between employer and employee. This provision provided job stability to all the country’s workers, preventing exploitation and the payment of wages which are inappropriate for the work they perform. 390. The General Occupational Risk Insurance system is preparing a system of incentives to encourage employers to permit employment reintegration, especially where the employee has a disability and that reintegration enables the employer to comply with the 4 per cent quota of persons with disabilities among its personnel, in accordance with the Labour Code.
D. Availability of technical and financial assistance for the provision of reasonable accommodations, including the promotion of the establishment of cooperatives and start-ups in order to encourage entrepreneurialism
391. The State has created solidarity-based investment credit, human development credit and microcredit, as well as loans for new housing, for housing improvement and official registration of land and to cover specialized comprehensive assistance. 392. Through its human development credit subprogramme, the Social Protection Programme of the Ministry of Economic and Social Inclusion has provided loans of up to US$ 840 to persons who qualify for the Human Development Voucher or the welfare benefit for older persons or for persons with disabilities. The loans are granted in order to support productive activities. 393. Between January and September 2010 the Social Protection Programme provided loans (financial assistance) to 5,279 people with disabilities, 60 per cent men and 40 per cent women. The coverage is countrywide, and the investment allocated for the purpose during that period was US$ 4,101,140.
E. Affirmative and effective action for the employment of persons with disabilities in the regular labour market
394. On 30 January 2006, with the enactment of the Code Reform Act, guaranteeing access to employment for persons with disabilities, it became a legal obligation for public- and private-sector enterprises to ensure that a certain percentage of their personnel were people with disabilities. 395. Public- and private-sector employers with at least 25 employees are therefore required to hire one person with a disability. The proportion increases to 1 per cent of workers in the first year, 2 per cent in the third year and 3 per cent in the fourth year, rising to 4 per cent in the fifth year; that last percentage will then remain fixed in subsequent years. The Ministry of Labour Relations is responsible for monitoring compliance with these provisions.
GE.13-44356 (EXT) 63 CRPD/C/ECU/1
396. Executive Decree No. 1076, of 26 May 2008, designates the Office of the Vice-President as the coordinating centre which will organize the national protection mechanism for persons with disabilities and guide administrative measures to implement the Convention and the Optional Protocol. 397. Executive Decree No. 338, of 4 June 2007, establishes disability prevention and comprehensive support for and rehabilitation of persons with disabilities as State policy. It provides for the priority and preferential execution of the “Ecuador without Barriers” programme, coordinated by the Office of the Vice-President.
F. Positive and effective action measures for the prevention of harassment of persons with disabilities in the workplace
398. In most cases, to prevent any harassment motivated by disability, CONADIS sets up mediation mechanisms between employers and workers with disabilities through the Office of the Advocate for Persons with Disabilities. Should there be any negative situation affecting a person with a disability, the employer will be called to CONADIS premises to reach a minimum agreement and prevent its continuance.
G. Accessibility for persons with disabilities to open employment and vocational training services, including those for the promotion of self employment
399. By agreement with the Ministry of Labour Relations, SECAP implements a job training programme for the country’s groups with priority needs, including persons with disabilities. As of April 2010, 10,956 persons with disabilities had taken part. 400. SENRES is implementing a reform which is set out in its Resolution No. 1000006, published in Official Gazette No. 262 of 29 January 2008, which calls for 20 points to be added to an applicant’s education score if he or she is disabled; this will continue until such time as the proportion of persons with disabilities reaches 4 per cent as required by the reformed Labour Code. 401. Subsequently, the selection rules provided for by article 28 of the ministerial agreement announced by the Ministry of Labour Relations in Official Gazette Supplement No. 205, of Wednesday 2 June 2010, require that once those posts and appointments have been established, the priority to be given to persons with disabilities will be stated in invitations to competitive recruitment processes, for which they will have to match the profiles set out in the corresponding manuals. The granting of priority for certain posts and appointments does not imply any exclusion for persons with disabilities wishing to choose other positions, and they will also be awarded additional points for those (the position will be awarded automatically to any person with a disability level exceeding 71 per cent). 402. In 2008, the Ministry of Labour Relations took part in the Mothers Supporting Mothers programme. Some 850 people, including mothers and children with disabilities, received training, advice and support from the Ministry for business start-ups and the creation of family or associative microenterprises in order to reduce unemployment among mothers of persons with disabilities. 403. In 2008, the Ministry also worked on the Self-Employment Programme, creating 27 legally incorporated associative microenterprises, with groups of up to eight families in six provinces.
64 GE.13-44356 (EXT) CRPD/C/ECU/1
404. The social security institute’s poverty reduction programme includes the provision of capital investment loans, which have evident benefits in terms of employment and wealth creation.
H. Information on existing significant differences in employment between men and women with disability and whether there are policies and legislation to eliminate these differences in order to promote the advancement of women with disabilities
405. Data from the Employment Integration Service show that 3,246 men and 1,364 women have been placed in jobs countrywide since 13 September 2006. As of 18 June 2010 the total number of women with disabilities was 338,402, or 40.79 per cent of the total of persons with disabilities. 406. There are no policies or legislation to promote the advancement of women with disabilities.
I. Identification of the most vulnerable groups among persons with disabilities (with examples) and policies and legislation in place for their inclusion in the labour market
407. Of the total number of persons with disabilities, 50 per cent are in poverty quintiles 1 and 2; thus, 789,998 have the country’s lowest income levels, with monthly per capita incomes averaging US$ 30. This level of poverty is 20 per cent higher than that of the population without disabilities in the same quintiles, so the data show a connection between disability and poverty.
J. Measures for the promotion of the trade union rights of persons with disabilities
408. Under article 326 of the Constitution, the right to work is based on the following principles: “7. The right and freedom of organization of workers, without prior authorization, are guaranteed. This includes the right to form trade unions, guilds, associations and other types of organization and freely to join or leave the organization of the worker’s choice. The right of employers to form organizations is also guaranteed.” 409. Article 325 of the Constitution recognizes all forms of work, whether employed or independent, including work performed in providing for oneself and caring for others, in accordance with principles guaranteeing the right to work. 410. The Ministry of Labour Relations decided to make a 45 per cent adjustment in its facilities countrywide with a view to providing better service and advice to persons with disabilities; this gives improved access to facilities both for users and for the Ministry’s unionized workers, enabling them to conduct their activities in improved conditions.
GE.13-44356 (EXT) 65 CRPD/C/ECU/1
K. Measures to ensure the retention and retraining of workers who suffer a workplace injury resulting in a disability preventing them from performing their previous tasks
411. The National Police issued Resolution 455 of the Council of Generals, dated 15 June 2006, requiring a variety of police departments and facilities to implement the actions described below. 412. The personnel department of the police force, through its operational units, has used technical reporting in connection with the training, relocation and reintegration of police personnel with disabilities as well as monitoring employment situations and managing leave for those on active service, so that their tasks are appropriate for their disability types and levels and the training they have received following the rehabilitation process, reintegrating them into police units or departments located close to their family homes and, should they require long-term medical rehabilitation services, ensuring that treatment is provided and requesting the appropriate assistance. 413. Of the total number of police officers with disabilities, 82 per cent work in technical and administrative posts, in comparison with the analytical study of 2004 which showed the figure as only 43 per cent, which took place without having any coherent technical process in place. Under this programme, 18 per cent (2009) of police officers currently in operational posts have functions which are protected and free from imminent risks. At the national level, 12 police officers who are wheelchair users perform their duties without any difficulties; in earlier years this would have been simply unthinkable. 414. Accordingly, within the police service, 141 officers have been reassigned owing to their disabilities. 415. The social security institute imposes fines on any employers who fail to comply with prevention standards or with rulings or recommendations for the reassignment of persons who have suffered occupational illness or injury. 416. The fines and their amounts are determined pursuant to resolution CD 298, containing the general regulations on employers’ responsibilities, and Executive Decree No. 2393, article 11 (7), which incorporates regulations on health and safety for workers and improvement of the working environment. 417. Regrettably, the social security institute has retained article 8 of resolution CD 100 (dated 21 February 2006), the internal regulations of the transition regime of invalidity and death insurance, which states: “Holders of invalidity pensions from the general insurance or insurance for permanent total or absolute incapacity from employment risks may re-enter the compulsory general insurance system only with the express authorization of the General Directorate, on the basis of the corresponding technical reports presented by the director of the pensions or employment risks insurance, as the case may be.” Persons with disabilities have challenged this provision and sought constitutional remedies for the protection of rights, since the “authorization” to be obtained from the social security institute is an excessively slow procedure and is contrary to the right to work and to the possibility of finding a job. 418. If this provision is contravened, the social security system withdraws the invalidity pension from the person with disability and requires him or her to refund the pension payments received during the new employment he or she entered without that “authorization”.
66 GE.13-44356 (EXT) CRPD/C/ECU/1
L. Information on employment of persons with disabilities in the informal economy in the State party and measures taken to enable them to move out of that sector, as well as on measures to ensure their access to basic services and social protection
419. In its plans for 2010, the Ministry of Labour Relations has proposed a number of projects, including the retraining system for persons with disabilities. Its objective is to improve living conditions for persons with disabilities and their families through access with dignity to work and employment and also to give the optimum response to the enterprise’s labour needs through the high-quality national coverage provided by the Ministry. By providing training, the Ministry helps to improve labour market access and to create new opportunities for employment, self-employment and enterprise by groups with priority needs affected by unemployment and underemployment in both rural and peripheral urban areas; this also makes it possible to improve their incomes and living conditions. The budget for this was US$ 287,176.13.
M. Legal safeguards in place to protect workers with disabilities from unfair dismissal and forced or compulsory labour according to article 27, paragraph 2
420. The responsibility of the Office of the Advocate for Persons with Disabilities is the legal defence of the rights of persons with disabilities; this is also supported by the Disabilities Act, which says that that institution is required to provide legal defence for those rights. 421. On that basis, the Office has sponsored, defended and advised persons with disabilities involved in labour disputes such as cases of unfair dismissal, achieving their reinstatement or obtaining compensation which is fair and in accordance with the law. 422. Since May 2008, 532 persons have been assisted in the area of employment in the provinces of Pichincha, Guayas, Manabí, Azuay and Tungurahua. Additional legal professionals are being recruited to provide the service in the country’s other provinces. 423. As for rights and freedoms guaranteed by the Constitution, article 66 recognizes and guarantees, inter alia, the right to a life with dignity, with health, food and nutrition, drinking water, housing, environmental sanitation, education, work, employment, rest and leisure, physical exercise, clothing, social security and other necessary social services, as well as the right to freedom of work and protection from forced or compulsory labour, except in those cases provided for by law. 424. Article 330 guarantees integration and accessibility to paid work on an equal basis for persons with disabilities. The State and employers are required to implement social services and special support to facilitate their activity. The remuneration of a worker with a disability may not be reduced for any reason having to do with his or her condition. Labour market integration and access to paid work on an equal basis are also guaranteed for persons with disabilities.
N. Measures to ensure that persons with disabilities who have technical and vocational skills are empowered with the support needed for their entry and re-entry to the labour market, pursuant to paragraph 1 (k)
425. An employment integration service has been created under the leadership of the National Federation of Persons with Physical Disabilities (FENEDIF). This is a unit
GE.13-44356 (EXT) 67 CRPD/C/ECU/1
specialized in helping persons with disabilities to achieve standard labour market participation. 426. The Ministry of Labour Relations has a programme entitled Red Socio Empleo (Employment Partner Network) designed to improve public services in the area of employment and expand the coverage provided, thereby giving access to training to traditionally marginalized groups of jobseekers, including persons with disabilities. Within this programme, five employment exchanges are functioning countrywide, located in the cities of Cuenca, Machala, Guayaquil, Lago Agrio and El Coca. 427. To bring about a substantial strengthening in demand for training from persons with disabilities and give them better tools when they enter the labour market, the Ministry of Labour Relations has transferred resources from the National Council for Professional Training and Instruction to the Ecuadorian Professional Training Service. 428. In order to promote the placement of persons with disabilities in the employment system and ensure compliance with current legal provisions through comprehensive actions, the Ministry of Labour Relations has signed an inter-agency agreement with the Office of the Vice-President, CONADIS, the Labour Market Integration Service (SIL) and SECAP, to provide training and labour market integration for persons with disabilities. 429. Through the general occupational risk insurance department, the labour market reintegration policy of the social security system has incorporated programmes for benefit recipients, including education, socio-occupational retraining, promoting awareness of the labour market reintegration policy and the provision of productive loans.
O. Measures to ensure that students with disabilities have the same access to the general labour market
430. The Ministry of Labour Relations issued Ministerial Agreement No. 039 of 25 April 2008, creating a programme of paid internships for young people, “Mi Primer Empleo" (My First Job). In 2009, approximately 1,900 young people entered the programme, and a total of 70 public-sector entities hosted young interns with high levels of commitment and responsibility.16 431. The Ministry has also implemented a project within seven special schools for the creation of centres to assist young people in their transition to adult life, develop their skills and prepare them for the world of work. 432. To strengthen this programme, the National Special Education Department is working on a curriculum design model for training.
P. Measures to ensure the availability of various forms of work, such as work on location, telecommuting (off-site/at home) and subcontracting, and of work opportunities offered by new communication technologies
433. On 12 May 2010, the Ministry of Labour Relations issued Ministerial Agreement 2010-00086, published in Official Gazette No. 216, on the alternative technical standard of the recruitment subsystem for the public sector, which promotes equal opportunities and supports participation by persons with disabilities. It also gives preferential access for persons with visual disabilities to positions involving contact with the public.
16 Website of the Ministry of Labour Relations, http://www.mintrab.gov.ec/, consulted on 26 May 2010.
68 GE.13-44356 (EXT) CRPD/C/ECU/1
434. The Ministry of Labour Relations is considering draft regulations for protected work.
XXIII. Article 28 Adequate standard of living and social protection
435. This article recognizes the right of persons with disabilities to an adequate standard of living and to social protection.
A. Measures to ensure the availability of and access by persons with disabilities to clean water, adequate food, clothing and housing, with examples
436. The Ministry of Economic and Social Inclusion is serving the country’s population, in particular those who are excluded or unprotected, through its Aliméntate Ecuador food programme, so that they can enjoy a healthy nutritional situation and be motivated to secure such a situation and are supported by an administrative system to promote self-sufficiency as far as food and food safety are concerned. The strategic objectives of the programme are: (a) To reduce malnutrition among the country’s population; (b) To reduce the deficit in food access; and (c) To promote healthy lifestyles and eating habits. 437. Also through Aliméntate Ecuador, it has helped to reduce the food deficit affecting the most vulnerable groups living below the poverty line in the country’s 792 rural parishes, with four deliveries of nutritional supplements; it has also provided training in healthy eating to persons with disabilities and their families. It has funded the provision of food for 600 persons with disabilities attending the operational units of the National Disabilities Department. 438. The coverage of this type of assistance has been expanded. In 2007 the participating population numbered 237,283 but by the third quarter of 2010 that number had risen to 455,617, including 170,428 children, 221,151 older persons and 64,218 persons with disabilities.
B. Measures to ensure access by persons with disabilities to services, devices and other appropriate assistance at affordable prices, including the availability of programmes that cover disability-related additional financial costs
439. The social security institute has outlined a special insurance regime containing a programme targeting the carers of persons with disabilities to ensure that they are taken into account in the application of the new Social Security Act. 440. That regime provides for the creation of a State-funded insurance system known as Redcuidar (Care Network) to make it easier for the carers of persons with disabilities to obtain social security benefits. Redcuidar was designed as a group insurance system allowing for the expansion of social security into a broad concept targeting people who are unable to contribute to other public insurance schemes, such as persons with disabilities and their families.
GE.13-44356 (EXT) 69 CRPD/C/ECU/1
441. Executive Decree No. 486-A (7 June 2000) created the Social Protection Programme as a decentralized body attached to the Ministry of Economic and Social Inclusion (the former Ministry of Social Welfare), with countrywide jurisdiction and administrative, technical and financial independence. 442. The Social Protection Programme grants a monetary transfer of US$ 35 to all persons with disabilities who satisfy two criteria: (a) a disability level of at least 40 per cent according to the disability card issued by CONADIS, and (b) being below the poverty line according to the classification used in the Social Register survey conducted by the Ministry for the Coordination of Social Development. 443. In August 2010, at the national level, 58,932 adults and 13,835 children were approved for payment of the allowance for persons with disabilities. The amount invested for this transfer between January and August 2010 was US$ 11,748,187 for adults with disabilities and US$ 2,438,580 for children with disabilities. Beginning in 2008, children with disabilities were included as beneficiaries of the allowance. There have been significant efforts to increase the number of recipients, which rose from 5,039 in 2006 to 19,923 in 2007 (an increase of 295 per cent). 444. The National Institute of Children and the Family supports organizations which have programmes and services to assist children and adolescents with disabilities, funding the wages of professionals such as rehabilitation experts, physiotherapists and support staff for the rehabilitation process. It also provides grants for transport, medical support, medicines and other disability-related costs. In 2009 the total amount spent on supporting those organizations was US$ 760,000, for a coverage of 3,600 children and adolescents.
C. Measures to ensure access by persons with disabilities, in particular women and girls and older persons with disability, to social protection programmes and poverty reduction programmes
445. In October 2009, the Social Protection Programme created the family protection coverage programme, the purpose of which is to protect households by paying for the funeral on the death of any recipient of the Human Development Voucher or the old-age or disability welfare benefit and provide financial support for family members. Some 438 persons with disabilities have benefited from this programme. 446. These recipients receive additional benefits thanks to an agreement between the Ministry of Economic and Social Inclusion and other public and private institutions. Those benefits are: • Cost-free support from the Sociedad de Lucha Contra el Cáncer (Society to Fight Cancer) for the holder of the voucher and his or her family members; • Discounts of 8 per cent on purchases of up to US$ 60 per month at the AKI, TIA, and Mi Comisariato supermarkets; • Access to human development loans of US$ 840, to be repaid by the beneficiary over a two-year period; • Loans at 5 per cent interest from the National Development Bank and authorized cooperatives; • Vigil and transfer service in case of the death of the holder; and • Life insurance worth US$ 500 for the new member of the family group taking responsibility for the household (offspring).
70 GE.13-44356 (EXT) CRPD/C/ECU/1
447. Lastly, recipients have access to all these benefits on presentation of the card issued by the voucher system of the Ministry of Economic and Social Inclusion.
D. Measures towards public housing programmes and retirement benefits and programmes for persons with disabilities
448. Since 2007, the Ministry of Urban Development and Housing has offered a number of ways of obtaining housing, depending on the needs of those concerned, including persons with disabilities, providing assistance for the purchase of dwellings in rural, urban and peripheral urban areas for migrants and their families. It also issues vouchers to help those buying homes in rural and peripheral urban areas. 449. The social security institute offers a pension for total, permanent invalidity provided that the person concerned has paid at least 60 monthly contributions (five years’ worth). The invalidity is assessed by a special committee in accordance with its internal regulations, and the person will receive the pension if the committee so decides. 450. The actuarial department of the institute accepts that reforms must be considered regarding the right to benefits in relation to holders of invalidity and occupational-risk pensions who become reaffiliated. The same department also formulates the requirements and parameters to be satisfied by persons with invalidity or disabilities in order to return to work and resume contributions to the institute.
E. Measures to recognize the connection between poverty and disability
451. There is a direct connection between poverty and disability, according to the data from the national employment, unemployment and underemployment survey, the sixth round of which dates back to November 2004. Of the total of persons with disabilities, 50 per cent are in quintiles 1 and 2; in other words, 789,998 of them have the country’s lowest income levels, with per capita incomes between zero and US$ 30 per month. This is 20 per cent higher than for people without disabilities in the same quintiles.
XXIV. Article 29 Participation in political and public life
452. This article guarantees political rights to persons with disabilities.
A. Information on legislation and measures to guarantee to persons with disabilities, in particular persons with mental or intellectual disability, political rights, on including existing limitations, if any, and on actions taken to overcome them
453. Under article 61 of the Constitution, voting is not compulsory for persons with disabilities. During recent elections, however, assisted voting methods have been used to help persons with mental and intellectual disabilities to exercise their right to vote, guaranteeing their legitimate right to elect and be elected.
GE.13-44356 (EXT) 71 CRPD/C/ECU/1
B. Measures taken to ensure the right to vote of all persons with disabilities, alone or assisted by a person of their choice
454. The campaign entitled Tienen Derecho a Votar (You have the right to vote) is an initiative created with the cooperation of a number of social actors such as Gestión Ecuador (Ecuador Management), Teleamazonas, national federations of and for persons with disabilities, the Solidarity Taxi project, the Catholic University of Ecuador and the Union of Taxi Cooperatives of Pichincha, to enable persons with disabilities to exercise their right to vote by transporting them from their homes to voting stations free of charge, with the following goals: Purpose of the campaign • To promote solidarity in the various cities where the campaign is conducted through the enjoyment of the right to vote of persons with disabilities. Specific goals • To ensure that persons with disabilities wishing to vote are on the electoral register; • With the help of taxis and volunteers, to transport the persons with disabilities from their homes to the voting stations. Results • 2,978 persons with disabilities transported; • 2,332 taxis available to assist persons with disabilities; • 2,715 young volunteers assisted persons with disabilities; • 2,332 people transported persons with disabilities free of charge.
C. Measures to ensure the full accessibility of the voting procedures, facilities and materials
455. The National Electoral Council provided the facilities needed for persons with disabilities to exercise the right to vote in the elections of 26 April 2009, through an agreement with CONADIS which included the setting up of an information desk in each electoral district and a desk for voting. Ballots printed in Braille were provided for blind people, who could also choose to use assisted voting, where the blind voter is accompanied and helped by a trusted person.
D. Information on indicators measuring the full enjoyment of the right to participate in political and public life of persons with disabilities
456. Under articles 47, 61 and 62 of the Constitution, the National Electoral Council has adopted a strategy to support the exercise by persons with disabilities of the right to vote, with the overall objective of facilitating the enjoyment of that right by citizens with disabilities, through the following activities: (a) Publicity: national television channels and advertising, alternative communication through sign language and calls for participation in elections. (b) Creation of voting desks (booths) for electors with disabilities: for those needing them, they are located in easily accessible areas within the voting station.
72 GE.13-44356 (EXT) CRPD/C/ECU/1
(c) Transport of voting papers to the voting area (booth) for electors with disabilities: persons with disabilities having reduced mobility and wishing to exercise the right to vote are able to cast their votes at special voting stations. (d) Assisted voting: this is used where the voter is physically unable to cast the vote; in such cases, he or she may be helped by a family member or other trusted person. (e) Voting papers in Braille are made available to blind or visually impaired persons, but solely for the election of the President and Vice-President; assisted voting is available for other elections. (f) Training should cover ways of addressing the needs of persons with disabilities, in particular the assistance mechanisms available on the election day and all the details involved in voting, the posts for which candidates are standing and the place where the vote is to be cast. (g) Through the provincial electoral delegations, the National Electoral Council issues special passes for all private cars and taxis transporting persons with disabilities. The implementation of the Solidarity Taxi project is particularly significant. 457. The results achieved were as follows: • Citizens with disabilities were kept informed through the mass media regarding the electoral council’s strategies to permit them to exercise the right to vote. Information leaflets were produced. • Special voting booths for persons with disabilities were created at voting stations. • The use of assisted voting for persons with disabilities was facilitated.
E. Information on support provided to persons with disabilities for the establishment and maintenance of organizations to represent their rights and interests at local, regional and national levels
458. Through its social integration programme, and in particular the project for the strengthening of federations of and for persons with disabilities, the State has worked to support persons with disabilities in the creation and maintenance of organizations to represent them. It has supported proposed national federations of and for persons with disabilities by providing yearly funding to each federation for the execution of its projects and through planning and technical assistance. 459. This requires the participatory identification of potential demand through the analysis of issues such as health, sport, education, employment, training and technical assistance; resource management, communication, technology and information and coordination and leadership in participatory workshops. 460. In 2010, US$ 20,000 will be transferred to each of the federations to help to improve their channels of information and communication and strengthen their associative aspects. 461. The annual budget of CONADIS continues to fund the project for the strengthening of federations of and for persons with disabilities, through which it provides US$ 10,000 to each of the five federations from 2007 to 2009. In 2010 the amount provided to each federation will be US$ 20,000. 462. Through the Ministry of Economic and Social Inclusion and the National Institute of Children and the Family, the State supports organizations which have programmes and services of support for children and adolescents with disabilities, funding the wages of
GE.13-44356 (EXT) 73 CRPD/C/ECU/1
professionals such as rehabilitation experts, physiotherapists and support staff for habilitation and rehabilitation. 463. In 2009 it also provided grants for transport, medical assistance, medicines and disability-related costs. The total amount allocated to supporting those organizations was US$ 760,000, for a coverage of 3,600 children and adolescents with disabilities. 464. En 2009, in the framework of the rights of persons with disabilities, the Ministry launched a document entitled “Las discapacidades como diferencia” (Disabilities as a difference), approaching the issue from a rights-based perspective rather than a medical one. Some 5,000 copies of the document were printed and distributed to a variety of public and private organizations. 465. The Ministry has also financed initiatives and projects put forward by organizations of and for persons with disabilities, to strengthen their associative movement and respond to their demands on behalf of the State, which is the guarantor of their rights. 466. Training has been provided to women, mothers and leaders having persons with disabilities in their care, providing tools that can contribute to their growth and personal development and improve their living conditions, with a cross-cutting gender perspective. Help has also been given to the associative movement through financial and technical support for 150 bodies working in the area of disability (associations, federations and foundations), reaching 10,000 persons with disabilities.
XXV. Article 30 Participation in cultural life, recreation, leisure and sport
467. This article recognizes the right of persons with disabilities to take part in cultural life, develop and utilize their creative, artistic and intellectual potential, recognition and support of their specific cultural and linguistic identity, and to participate in recreational, leisure and sporting activities on an equal basis with others.
A. Measures to recognize and promote the right of persons with disabilities to take part on an equal basis with others in cultural life, including opportunities to develop and utilize their creative, artistic and intellectual potential
468. Persons with disabilities take part in cultural, creative and artistic activities thanks to the involvement of the Ministry of Culture, which has implemented the following jointly with CONADIS: • Cinema for persons with visual disabilities: Audesc is a programme being conducted in June 2010 in Guayas, under the direction of the province’s special education department, with a view to developing and making use of the creative potential of persons with disabilities; • Niños por la cultura (Children for Culture), conducted in Orellana in June 2009; • Musical education for differently-abled children and young people, conducted in Cañar province by the state-run special school; • In 2009, at the Tres de Diciembre school in Sucumbíos province, three young people with disabilities took part in artistic specialization workshops in dance and music; • A project to promote dance in cultural groups in Zamora Chinchipe province, with the participation of 20 persons with disabilities;
74 GE.13-44356 (EXT) CRPD/C/ECU/1
• The Francisco Paredes Herrera Festival and a “Festival con derecho a la ternura” (Festival with the right to tenderness) took place in 2008 in Azuay province, with participation by children from special education centres. 469. Subsequently to these educational activities with young people with and without disabilities provided by the Ministry of Economic and Social Inclusion, the participants are given the opportunity to take part in workshops on alternative forms of communication. Young people with hearing impairments take part in theatre, mime, photography and graphic design workshops to develop their artistic skills and make use of the knowledge acquired as a means of expression and enforceability and enable them to defend their rights. Mime and theatre presentations have taken place, as have exhibitions of works of art and photography produced during the workshops. Around 50 young people with hearing impairments have taken part since 2007. 470. The State protects, promotes and coordinates physical culture, including sport, physical education and recreation, as activities which contribute to the health, formation and integral development of the human person. It fosters mass access to sport and sporting activities at the school, neighbourhood and parish levels; sponsors preparation for and participation in national and international competitions; and promotes the involvement of persons with disabilities, ensuring the availability of the necessary funding and infrastructure for these activities (article 381 of the Constitution). 471. Special programmes have been designed, managed by the Ministry of Sport and special entities created for the purpose, to encourage persons with disabilities to take part in physical exercise, sport and recreation. 472. Since 2008, the Ministry of Sport has allocated US$ 12,506.76 to the Club Primas y Primos (Cousins’ Club), ensuring the participation in the Pan American Games of high-performance Ecuadorian athletes with intellectual disabilities. 473. The Ministry of Sport has provided sports equipment to the National Hearing and Speech Institute (INAL), the Enriqueta Santillán hearing and speech institute, the Mariana de Jesús special education institute, the disabled people’s association of the Armed Forces and the Imbabura hearing unit. 474. As part of the Aventuras sin límites 2009 (Unlimited Adventures 2009) parks programme, videoconferencing has been used to promote physical exercise and recreation for persons with disabilities at the countrywide level.
B. Measures to ensure that cultural, leisure, tourism and sporting facilities are accessible by persons with disabilities, taking into account children with disabilities, including through the conditional use of public procurement and public funding
475. The Ministry of Sport is responsible for ensuring that sports facilities, both existing and to be built in the future, comply with construction recommendations contained in the INEN regulations on accessibility so that they are suitable for and accessible by persons with disabilities regardless of age or gender.
GE.13-44356 (EXT) 75 CRPD/C/ECU/1
C. Measures to ensure that intellectual property laws do not become a barrier for persons with disabilities in accessing cultural materials, including participation in relevant international efforts
476. Article 322 of the Constitution recognizes intellectual property under the conditions established by law. All appropriation of collective knowledge is prohibited in the fields of science, technology and ancestral knowledge. 477. The Intellectual Property Act recognizes and guarantees the rights of authors and other owners over their works. Creation, invention and other new intellectual expressions are therefore duly protected by the Constitution and the Act, whether or not they are produced by persons with disabilities.
D. Measures to promote deaf culture
478. In 2010, through the organizational strengthening project and with funding from the Ministry of Economic and Social Inclusion, the deaf people’s association in Pichincha provided lessons in Ecuadorian sign language for 120 professionals, employers, university students, public-sector employees and parents of deaf people. It also produced communication material to disseminate the rights and culture of deaf people. 479. The National Federation of the Deaf is preparing a dictionary of Ecuadorian sign language. 480. To ensure that the deaf are able to exercise their right to communication, deaf people’s organizations submit requests to both public- and private-sector entities on the basis of the Constitution, the law and the regulations on disabilities, for the hiring of sign language interpreters for activities such as conferences, working meetings, the social and labour integration process, access to the various levels of mainstream education, justice, social protection and health care. 481. In order to guarantee the exercise in public spaces of the rights of people with hearing deficiencies, article 22 (2) of the Culture Act ensures their access to the audiovisual media.
E. Measures to support the participation of persons with disabilities in sports, including elimination of discriminatory and differentiated treatment of persons with disabilities in the awarding of prizes and medals
482. The mandate of the Ministry of Sport includes planning, organizing and implementing adaptive sport projects and programmes to ensure large-scale participation by persons with disabilities in sporting and recreational activities. 483. The Ministry supports sporting bodies and sportspersons with disabilities in the conduct of their sporting activities. 484. It strengthens adaptive sport structures in the country through the creation of sports clubs and federations by type of disability in order to set up the Ecuadorian Paralympic Committee. 485. The country has taken part in the following special sporting events.
76 GE.13-44356 (EXT) CRPD/C/ECU/1
2008 • Fifteenth Guaya National Games 2008 • First Pan American Tennis Tournament, Brazil 2008 • 22 Provincial Games 2009 • World Winter Games, Idaho, USA 2009 • Second Pan American Tennis Tournament, Mexico 2009 • Amazon Games, November 2009 • 22 Provincial Games 2010 • Second Pan American Games, Ecuador 2010 • Sixteenth National Games • Second Pan American Games, Puerto Rico 2010 • 22 Provincial Games 2011 (proposed) • World Summer Games, Athens 2011 • Copa América football championship 2011 • 22 Provincial Games 2009–2010 First national assembly on adaptive sport and launching of the National Guide to Physical and Recreational Activities in Adaptive Sport 2009–2010 National Sporting Games for Differently Abled Persons
486. Members of the Armed Forces with disabilities have taken part in national and international sporting events in coordination with the Organization of American States (OAS) under its Comprehensive Action against Antipersonnel Mines programme and with the Ecuadorian Army.
F. Measures to ensure that children with disabilities have access on an equal basis with all other children to participation in play, recreation, leisure and sporting facilities, including those within the school system
487. The Ministry of Education has adopted policies to bring about improvements in the infrastructure and equipment of educational facilities and promote greater quality and equity in education. 488. It has issued Ministerial Agreement No. 244-2007 on the creation of Millennium Educational Units, with an investment of US$ 19,208,116.37; these units will be completely accessible by persons with physical disabilities. 489. In 2007, the Ministry monitored educational establishments to determine what adaptation or reconstruction of infrastructure was required pursuant to the INEN accessibility standards, with a budget of US$ 16,000.
GE.13-44356 (EXT) 77 CRPD/C/ECU/1
Specific situation of children and women with disability
I. Article 6 Women with disability
490. Although gender aspects should be mainstreamed in each of the articles where applicable, under this specific article the report should include information regarding measures taken by the State party to ensure the full development, advancement and empowerment of women, for the purpose of guaranteeing them the exercise and enjoyment of the Convention rights and fundamental freedoms, and the elimination of all forms of discrimination.
A. Information on whether gender inequality of women and girls with disabilities is recognized at legislative and policy levels, as well as within programme development
491. The Constitution provides for preferential treatment to bring about the full social integration of persons with disabilities, and the State will ensure its implementation in the mainstream education system and in society. 492. Article 70 of the Constitution specifies that the State will formulate and execute policies for the achievement of gender equality through the specialized mechanism provided for by law, and will mainstream a gender perspective in plans and programmes and provide technical assistance for its compulsory application in the public sector. 493. Under Executive Decree No. 620 (2007), it is State policy to eradicate gender-based violence towards children, adolescents and women. A national plan has been drafted for the implementation of that policy with an intersectoral and multidisciplinary approach. 494. The Government has worked with the National Statistics and Census Institute to ensure that statistical tools include gender-disaggregated data on persons with disabilities. One of the achievements has been the inclusion in the Time Use Survey of 2007 of a variable on home care for persons with disabilities and the unpaid hours of work it demands. • As a national average, women are devoting 13.44 hours per week to caring, compared with 7.44 hours for men; • In urban areas men are spending 7.03 hours a week on caring and women 13.49; in rural areas, the figures are 8.09 and 13.37, respectively; • To compare the ethnic-origin variable, among indigenous people, men spend an average of 4.05 hours per week on home caring, and women 7.09; among Afro-Ecuadorians the figures are 7.21 and 12.01, respectively; and among mestizos, 7.59 and 14.02. 495. These results show that the number of hours spent caring for persons with disabilities is in all cases higher for women than for men. 496. One of the measures taken to implement this policy was the national campaign entitled Reacciona Ecuador, el Machismo es Violencia (React, Ecuador: Machismo is Violence), which took place from the last quarter of 2009 to the end of 2010. Furthermore, progress is being made on comprehensive support and protection in relation to gender-based, domestic and sexual violence by life cycle; on the proposal for initial
78 GE.13-44356 (EXT) CRPD/C/ECU/1
reception rooms for victims of sexual offences; on the standardization of the national violence register; and on the investigation of feminicide.
B. Information on whether girls and women with disabilities enjoy all human rights and fundamental freedoms on an equal basis with boys and men with disabilities
497. The rights of persons and groups with priority needs include those of children and adolescents. The Constitution provides that the State, society and the family are to give priority to promoting the comprehensive development of children and adolescents and ensure the full exercise of their rights, abiding by the principle of their best interests and that their rights are to take precedence over those of other people. 498. Children and adolescents have the right to comprehensive development, understood as the process of growth, maturing and the flowering of their intellect, skills, potential and aspirations in emotionally healthy and secure family, school, social and community environments. This will enable them to fulfil their social, emotional and affective and cultural needs, supported by national and local intersectoral policies. 499. Children and adolescents enjoy the rights common to all human beings, in addition to those specific to their age. The State recognizes and guarantees life, including care and protection from the moment of conception. Children and adolescents have the right to physical and psychological integrity; to their identity, name and citizenship; to comprehensive health care and nutrition; to education and culture, sport and recreation; to social security; to have a family and enjoy family and community life; to participation in society; to respect for their freedom and dignity; to be consulted in matters affecting them; to be educated primarily in their own language and within the cultural contexts of their peoples and nationalities; and to receive information about their absent parents or relatives, provided it is not detrimental to their well-being. 500. The Code on Children and Adolescents has been in force since July 2003. In the section on rights, safeguards and obligations, article 15 refers to the ownership of the rights of children and adolescents as the subjects of rights and guarantees. As such, they enjoy all those rights that the law provides for the human person in addition to those specific to their age.
C. Information on whether girls and women with disabilities enjoy all human rights and fundamental freedoms on an equal basis with girls and women without disabilities
501. Article 14 of the general regulations to the Domestic Violence and Violence against Women Act states that, for the prevention and punishment of violence against women and domestic violence, the international instruments signed and ratified by Ecuador shall have the force of law. Girls and women with disabilities therefore enjoy all the rights on an equal basis with girls and women without disabilities.
II. Article 7 Children with disability
502. The report should include supplementary information, where applicable, regarding measures taken by the State party to ensure the full enjoyment by children with disabilities of all the rights and fundamental freedoms enshrined in the Convention, in particular to
GE.13-44356 (EXT) 79 CRPD/C/ECU/1
ensure that all actions concerning children with disabilities are in the best interests of the child.
A. Information on the principles that underpin decision-making in relation to children with disabilities
503. Article 55 of the Code on Children and Adolescents establishes the rights of children and adolescents with special needs or disabilities, as follows: “In addition to general rights and guarantees provided by law for children and adolescents, those with disabilities or special needs shall have the rights necessary for the complete development of their personalities to their fullest potential and to enjoy a full life, with dignity and the greatest possible autonomy, so that they can participate actively in society, according to their condition. They shall also have the right to be informed of the causes, consequences and prognosis of their disability and on the rights to which they are entitled. The State shall ensure the exercise of these rights through effective access to the education and training they need, and the provision of early learning, rehabilitation, training for work activity, leisure and other measures, which shall be free for children and adolescents whose parents or caregivers are unable to pay for them.” 504. The Code on Children and Adolescents contains the following principles on which decisions relating to children and adolescents are taken, without expressly mentioning that it is to be exclusively for those with disabilities, since it refers to those age groups as a whole. Thus, all children and adolescents are equal before the law and shall not suffer discrimination on grounds of birth, nationality, age, gender, ethnic background, colour, social origin, language, religion, filiation, political opinion, financial situation, sexual orientation, state of health, disability or cultural diversity, or any other condition of the person or their parents, representatives or family members. 505. It also recognizes the right of children and adolescents of indigenous and Afro-Ecuadorian nationalities to develop in accordance with their culture in a framework of multiculturalism, in accordance with the terms of the Constitution, provided that cultural practices do not violate their rights. 506. The State, society and the family, in their respective fields, are required to adopt all political, administrative, financial, legislative, social and legal measures necessary for the full enjoyment, effective exercise, safeguarding, protection and enforceability of all the rights of children and adolescents. 507. Part of the doctrine of comprehensive protection is the concept of the best interests of the child, as a principle intended to ensure the effective exercise of the totality of children’s and adolescents’ rights. It requires all administrative and judicial authorities and public- and private-sector entities to adapt their decisions and actions to that principle. 508. Thinking about the child’s best interests is based on the need for a proper balance between the rights and obligations of children and adolescents in a way that is best suited to the enjoyment of their rights and guarantees. This principle takes precedence over that of ethnic and cultural diversity; it cannot be invoked against an explicit legal rule or without hearing the opinion of the child or adolescent concerned if he or she is able to express one. 509. In the formulation and execution of public policy and the allocation of resources, absolute priority must be given to children and adolescents; furthermore, they are entitled to preferential access to public services and to any kind of assistance they require. Particular priority is given to children aged under 6 years. 510. The exercise of rights and guarantees and the fulfilment of the duties and responsibilities of children and adolescents take place gradually, according to the young
80 GE.13-44356 (EXT) CRPD/C/ECU/1
person’s level of maturity and development. There may be no restriction on the exercise of these rights and guarantees which is not expressly provided for in the Code. 511. No judicial or administrative authority may invoke any lack or insufficiency of law or express procedure to justify the violation of or disregard for the rights of children and adolescents. 512. The rules of the legal system and the clauses and stipulations of legal documents or contracts which involve children or adolescents or relate to them must be construed in accordance with the principle of the best interest of the young person.
B. Information on whether children with disabilities are able to express their views on all matters that affect them freely, and receive appropriate assistance according to their disability and age to exercise this right
513. Public policies issued by the National Council for Children and Adolescents or contained in the National Ten-year Plan for the Comprehensive Protection of Children and Adolescents are the basis for policies, targets and strategies guiding public- and private-sector activities supporting the exercise of the rights of children and adolescents. It is therefore a vital instrument for the design of plans, projects and programmes to protect children and adolescents with disabilities. 514. Under the Code on Children and Adolescents, the right to freedom of expression includes the right to express oneself freely, to seek, receive and disseminate information and ideas of all kinds, orally, in writing or by any other chosen medium, subject only to the restrictions imposed by law, public order or public health or morals to protect the safety, rights and fundamental freedoms of others. 515. The right to freedom of peaceful public assembly for the promotion, defence and exercise of their rights and guarantees is part of the right to participate of all children and adolescents, without discrimination on grounds of disability. 516. Children and adolescents have the right to information. Article 45 of the Code states that they have the right to seek and choose information and to use the various media and sources of communication subject to the limits set down by law and those derived from the exercise of parental authority. The State, society and the family must ensure that they receive appropriate, reliable and pluralistic information and provide them with guidance and critical education to enable them to exercise their rights appropriately. 517. The law prohibits publications, videos and recordings intended for and targeting children and adolescents and containing images, text or messages which are inappropriate for their level of development, as well as any type of access by children and adolescents to such media. It also forbids the broadcast of inappropriate information during family viewing hours, its inclusion in publications, and the circulation of any product with packaging containing images, texts or messages which are inappropriate for their level of development. 518. The State therefore has a duty to require social communication media to broadcast information and materials of social and cultural interest for children and adolescents; to promote the production and broadcasting of programmes appropriate for the language needs of the various ethnic groups; and to prevent the dissemination of inappropriate information during family viewing hours or in publications intended for families or for children and adolescents;
GE.13-44356 (EXT) 81 CRPD/C/ECU/1
519. Texts, images, messages and programmes are considered inappropriate for the development of children and adolescents if they incite to violence, exploit fear or take advantage of the immaturity of children and adolescents to cause them to engage in behaviour which is harmful or dangerous for their personal safety and health, as is any material which offends against morality or modesty.
C. Information on relevant differences in the situations of children with disabilities
520. The principles underlying decisions relating to children and adolescents with disabilities are based on the doctrine of comprehensive protection. Those principles are the unity of the family, equal rights for men and women, equal rights of sons and daughters, comprehensive protection of persons with disabilities, including minors, of older persons and of women heads of household. 521. Fundamental constitutional principles relating to groups with priority needs are taken into account for the full social integration of persons with disabilities. 522. The system of comprehensive protection for children and adolescents is involved across the board in all decisions affecting children with disabilities; the principle of equality and non-discrimination therefore guarantees comprehensive and special protection for children with disabilities.
D. Information on whether children with disabilities are viewed as holders of rights on an equivalent basis to other children
523. Under article 15 of the Code on Children and Adolescents, children and adolescents are the subjects of rights and guarantees. As such, they enjoy all the rights that legislation provides for the human person in addition to those which specifically relate to their age. 524. Article 55 of the Code provides that, in addition to the general rights and guarantees provided by the law to children and adolescents, those who have a disability or special needs shall have the rights necessary for the complete development of their personality to their fullest potential and to enjoy a full life, with dignity and the greatest possible autonomy, so that they can participate actively in society, according to their circumstances. 525. They also have the right to be informed of the causes, consequences and prognosis of their disability and of the rights to which they are entitled. 526. The State ensures the exercise of these rights through effective access to the education and training they need, and the provision of early learning, rehabilitation, training for work activity, leisure and other measures, which shall be free for children and adolescents whose parents or caregivers are unable to pay for them.
Specific obligations
I. Article 31 Statistics and data collection
527. This article governs the process of collection of data by the State party.
82 GE.13-44356 (EXT) CRPD/C/ECU/1
A. Measures to collect appropriate disaggregated information, including statistical and research data, for the formulation and implementation of policies to give effect to the Convention and respect human rights and fundamental freedoms, ethics, legal safeguards, data protection, confidentiality and privacy
528. CONADIS has conducted two qualitative and quantitative studies on the prevalence of disabilities and questions on disability are included in the National Census. There is also a National Disabilities Register. 529. As of December 2010, at the national level, a total of 278,971 persons with the following disabilities had been registered.
Disability Persons
Hearing 31 495 Physical 137 972 Intellectual 63 503 Speech 4 183 Psychological 11 247 Visual 30 571
530. According to the study Ecuador: La Discapacidad en Cifras (Ecuador: disability in figures) (2005), 1,608,334 (12.14 per cent) persons have some type of disability. 531. The figures published by the National Statistics and Census Institute and CONADIS on the subject of disabilities in Ecuador can be found in digital form on the Web pages www.inec.gov.ec and www.conadis.gov.ec, which are available to the general public. In printed form, they are to be found in the aforementioned book Ecuador: La Discapacidad en Cifras, published in March 2005. 532. The data processing system of the National Police personnel department includes specific information on police officers with disabilities. This means that updated information is available on items such as their characteristics, type and percentage of disability, residual abilities, current training, place of residence and rehabilitation needs. Previously, the department staff were trained in the granting of leave, internal registration, appointments and transfers affecting people with disabilities from the conceptual, legal and institutional viewpoints.
B. Measures to ensure the full participation of persons with disabilities in the process of data collection and research
533. Persons with disabilities are represented by four secondary organizations with countrywide representation: FENEDIF, FENCE, FENASEC and FEPAPDEM. These four national federations currently comprise 117 organizations of persons with disabilities of various types. Their coverage currently extends to 21 provinces throughout Ecuador, the exceptions being the provinces of Bolívar, Santa Elena and Galápagos. Their basic role is to provide services to its member organizations and to persons with disabilities and their families in areas relating to training and the protection of human rights, for the great majority of them, and to a lesser extent, labour market integration, education, consultancy, communication, sign language interpreting services and rehabilitation.
GE.13-44356 (EXT) 83 CRPD/C/ECU/1
534. The trends in data collection and research are towards learning and training, the strengthening of federal organizations, labour market integration and the enforceability of rights.
II. Article 32 International cooperation
535. This article recognizes the importance of the State’s international cooperation in support of national efforts towards the realization of the purpose and objectives of the Convention.
A. Measures to ensure that international cooperation is inclusive and accessible by persons with disabilities
536. Since 2000, in accordance with the Millennium Development Goals, one of the country’s most important endeavours has been social inclusion. Disability issues are part of that major concept. The priorities of international cooperation include the funding of activities which, in general terms, ensure coverage of sectors needing priority attention. It is therefore the responsibility of the proponents to include disability issues in their proposals where appropriate. Federations of and for people with disabilities, as part of their experience, have seen that when their projects are technically designed in accordance with the reporting formats of each cooperation body, they have directly included the components required for the thematic area concerned. Thus, for FENEDIF, the Inter-American Development Bank (IDB) funded a programme entitled “An inclusive development agenda for persons with disabilities in Ecuador”. The United States Agency for International Development (USAID) and the Spanish Agency for International Development Cooperation (AECID) have cooperated in programmes to promote inclusion and labour market integration for Ecuadorians with disabilities. USAID has also provided funding to FENCE for fostering awareness of the rights of persons with disabilities. 537. The Americas Foundation of the Organization of American States (OAS) has provided US$ 15,000 in funding for the implementation in Ecuador of the Partnership in Opportunities for Employment through Technology in the Americas (POETA) (which now comes under the Ministry of Economic and Social Inclusion). The Working Child Programme has allocated US$ 30,000 per year of its budget to implementation in the cities of Quito and Cuenca. These figures do not take into account the costs of adapting capacity and of staffing, which were covered directly by the Central Bank of Ecuador.
B. Measures to ensure that donor funds are used properly by recipient States (providing examples, numbers and percentages of successful targeted funding)
538. In the past three years, the national disability federations FENODIS, FENASEC, FENCE, FENEDIF and FEPAPDEM have conducted projects in a wide range of areas: 33 per cent for training and study grants; 16 per cent on productive projects; 12 per cent on the construction and physical adaptation of centres and offices; 13 per cent on other sectors (mainly early care, dance therapy, entertainment in the workplace and voluntary work); 7 per cent on procurement and installation of equipment; 7 per cent on rehabilitation; 7 per cent on labour market and educational inclusion; and, lastly, 5 per cent on the provision of technical assistance.
84 GE.13-44356 (EXT) CRPD/C/ECU/1
539. Over the same period a total of 212 projects were conducted by the organizations surveyed, for an investment of US$ 4,593,517. The amounts spent by organizations belonging to the different federations are distributed as follows (figures in dollars).
Federation Year 1 Year 2 Year 3 Total
FENODIS 2 475 915 965 314 549 183 3 990 412 FENASEC 2 300 4 935 15 650 22 885 FENCE 250 670 182 501 14 742 447 913 FENEDIF 61 000 8 700 8 000 77 700 FEPAPDEM 33 175 17 000 4 432 54 607 Total 2 823 060 1 178 450 592 007 4 593 517
540. The organizations with the greatest expenditure belong to FENODIS and FENCE. Most of the organizations showing high levels of income are NGOs and institutions which have sought funding from international bodies and local governments. 541. Institutions which funded projects: 41 per cent of projects were funded by public bodies such as ministries and local governments and organizations; 25 per cent by international bodies such as rotary clubs, USAID and foreign governments and/or embassies; 18 per cent were self-financed by obtaining donations from NGOs; and 6 per cent were funded by the national federations of and for persons with disabilities. 542. The organizations maintain alliances with other bodies as follows.
Organization Percentage
Municipalities 26 Provincial Councils 13 NGOs 11 Ministries, CONADIS and universities 8 Ministry of Economic and Social Inclusion 7 Private-sector businesses 6 International NGOs 6 National federations of and for persons with disabilities 5 Churches 5 No institution or organization 7
C. Information on programmes and projects which specifically target persons with disabilities and the percentage of the total budget allocated to them
543. Beginning in October 2010, one of the projects of the Ministry of Economic and Social Inclusion is the Working Child Programme, which since 2005 has been the strategic partner in Ecuador of the Trust for the Americas foundation for the implementation of POETA. 544. The Ministry of Economic and Social Inclusion has POETA-Working Child Programme centres in the cities of Quito, Cuenca and Santo Domingo, where young people with hearing impairments are included in educational programmes. This generates spaces
GE.13-44356 (EXT) 85 CRPD/C/ECU/1
for participation, information and inclusion for young people as well as encouraging dialogue between young people with and without hearing disabilities. Two interpreters for Ecuadorian sign language are available, allowing for effective interaction between the deaf and those who can hear; working methods are adapted to the needs of the deaf. 545. The Ministry has also entered into a cooperation agreement with FENCE to improve the quality of life for persons with visual and intellectual disabilities. Some 1,125 people are involved in the implementation of this project, whose overall budget is US$ 392,105, of which the Ministry funds US$ 267,435 and FENCE provides US$ 124,670. 546. The Ministry of Economic and Social Inclusion has funded a programme to improve the living conditions of persons with disabilities and their families, run by FENEDIF. Its objective is to train persons with all kinds of disabilities and their relatives, in order to reduce the numbers who drop out of employment and to improve their living conditions. The Ministry’s contribution is US$ 27,932.32 and there are 1,798 participants. 547. There is currently a programme to provide grants to low-income children and young people, to cover their various needs. In 2010 there were 1,360 recipients countrywide, with an annual amount of US$ 240 for each student. 548. The Directorate for Comprehensive Support for Persons with Disabilities of the Ministry of Economic and Social Inclusion has provided training to 600 persons on drug abuse and the prevention of STIs, including HIV/AIDS, among persons with disabilities. Affirmative action measures have been adopted to include the most vulnerable groups of persons with disabilities, such as women and children.
D. Information on the degree of participation of persons with disabilities in the design, development and evaluation of programmes and projects
549. During the constituent assembly which drafted the current Constitution, federations of and for persons with disabilities submitted a number of proposed texts and observations for inclusion in the Constitution; those submissions were received favourably. 550. Associations of persons with disabilities were assisted in the formulation of proposed texts through technical assistance from FENEDIF, where their members played an active part in the design and priority treatment of the texts. 551. The federations’ strategic and operational plans are prepared through a participatory process with the representatives of the interested associations and NGOs. 552. Monitoring is conducted by the donor institutions in accordance with the planning contained in the project, in addition to that which is carried out by State bodies.
E. Information on the degree to which the general programmes and projects developed incorporate measures targeting persons with disabilities
553. For many years, the disability component has been fully incorporated in programmes and projects for the social sector designed and implemented by State bodies. In other bodies the process is gradual, but in the coming years it is expected that disability will be fully mainstreamed with a cross-cutting approach.
86 GE.13-44356 (EXT) CRPD/C/ECU/1
F. Measures to facilitate and support capacity-building, including through the exchange and sharing of information, experiences, training programmes and best practices
554. To ensure that persons with disabilities are fully included in the social-insurance system, the social security institute provides advice on actuarial valuation and the sustainability of social insurance. The institute receives technical support and international cooperation on the valuation of residual abilities and the use of technology to facilitate the employment of persons with disabilities.
G. Information on whether policies and programmes targeting the Millennium Development Goals (MDGs) take into account the rights of persons with disabilities
555. Executive Decree No. 103 of 8 February 2007 merged the National Council for the Modernization of the State with the National Secretariat for the Millennium Development Goals, forming the National Secretariat of Planning and Development, the entity responsible for preparing the National Plan for Good Living, bringing planning into line with the new constitutional framework, strengthening it with country-level goals, generating inter-State coordination and feedback processes to integrate results-based management and promote social participation. 556. The National Plan for Good Living 2009–2013 establishes 12 objectives which are related to the attainment of national targets, with the various proposals for sectoral and regional actions by the State and mainly with the need to meet the challenges arising out of the new constitutional framework. Policies aimed at achieving greater justice and equality, as a guarantee of the full exercise of human rights, are closely linked with policies designed to bring about sociocultural changes to establish recognition of otherness and the eradication of all types of discrimination, exclusion or subordination on grounds of sexual preference, gender, ethnic origin, age, disability, sickness or beliefs. There is no real gap between policies to promote equality in the redistributive sense and those designed to achieve recognition of cultural differences and particularities. Equality and otherness are not two opposing notions; on the contrary, they are two dimensions of social justice. This is the meaning of unity in diversity.
H. Information on the development, progress, and effectiveness of programmes for the sharing of technical know-how and expertise for assistance to persons with disabilities
557. Five training sessions were held as part of a master’s course in the integration of persons with disabilities, sponsored and implemented by the National Institute of Migration and Social Services of Spain through the Spanish Agency for International Development Cooperation (AECID). Four CONADIS officials and about 10 Ecuadorian professionals have benefited from this cooperation project. 558. Courses have been given to organizations of persons with disabilities on labour market integration and the management of revolving funds for microenterprise loans. There have also been courses to bring about improvements in the assessment and rating of disability. Architects and engineers have also been trained in urban and architectural accessibility. All these events were organized by AECID and took place between 1994 and 2001.
GE.13-44356 (EXT) 87 CRPD/C/ECU/1
559. In 2007–2008, a woman official from the technical area of CONADIS was invited by the Ministry of Health of Bolivia, with funding from the Japan International Cooperation Agency (JICA), to provide training to health-sector professionals, directors and executives from the different departments of Bolivia by sharing the experience of the Ecuadorian national disability rating system. 560. From 2005 to 2008 the woman official coordinating the prevention and care programme for infants at high risk of psychological, neurological and sensory disorders gave talks on her experience in the following countries: Uruguay: funded by the office of AECID in Uruguay, to provide advice for the creation of a similar programme. Costa Rica: funded by the Carlos III Health Institute of the Spanish Ministry of Health and Consumer Affairs, the Queen Sofia Royal Foundation for the Disabled and the State University of Costa Rica. El Salvador: funded by the Government of Spain, the Queen Sofia Royal Foundation for the Disabled and the University of El Salvador. Panama: funded by the Carlos III Health Institute, the Queen Sofia Royal Foundation for the Disabled and the University of Panama. 561. In June 2009, the Gender and Law Foundation, whose headquarters are in San José (Costa Rica), gave a training course on access to justice for persons with disabilities, which was attended by the head of the Office of the Advocate for Persons with Disabilities. The participants analysed real-life instances of the exercise of the rights of persons with disabilities.
III. Article 33 National implementation and monitoring
562. This article governs the national application and follow-up of the Convention.
A. Measures to designate one or more focal points within the Government for matters relating to the implementation of the Convention, giving due consideration to the establishment or designation of a coordination mechanism within the Government to facilitate related action in different sectors and at different levels
563. The Office of the Vice-President and CONADIS have entered into an agreement to create the political, technical, administrative and financial basis for mutual cooperation on the implementation, strengthening, support, monitoring and evaluation of the “Ecuador without Barriers” programme and its projects to benefit persons with disabilities in the country. 564. In June 2008 in Panama City, CONADIS presented to the technical secretariat for the implementation of the Programme of Action for the Decade of the Americas for the Rights and Dignity of Persons with Disabilities, 2006–2016, the survey form and follow-up questionnaire for member States of OAS, to be completed with the following information: • Overall organizational structure of the Government; • Institutional structure relating to the area of disabilities;
88 GE.13-44356 (EXT) CRPD/C/ECU/1
• The institutions responsible for the design and application of public policy in the area of disabilities; • The studies conducted to determine the conditions underlying the situation of persons with disabilities, and the production of statistical data; • The Government’s approach to public policies, programmes and projects, through the sectoral ministries; and • The identity of federations and organizations of and for persons with disabilities conducting activities in the area of disabilities.
B. Information on the establishment of a framework, including one or more independent mechanisms, as appropriate, and measures taken to promote, protect and monitor implementation of the Convention, taking into account the principles relating to the status and function of national institutions for the protection and promotion of human rights
565. The legal instruments currently in force for the defence of the rights of persons with disabilities are the Constitution, the Convention and its Optional Protocol and the Disabilities Act and its implementing regulations. 566. General planning is conducted with the participation of the implementing agencies; CONADIS is responsible for internal planning and for reporting to the Government. 567. The binational meetings between Ecuador and Peru which have been held since June 2007 have issued joint declarations on the sharing of experience in the area of disabilities.
C. Measures to involve civil society, in particular persons with disabilities and their representative organizations, including gender perspectives, in the monitoring process and the preparation of the report
568. The associative movement of persons with disabilities at the local and national levels and of NGOs working in that field in Ecuador has been reinforced through the provision of funding to the associations, and observatories are being created to monitor compliance with the Convention.
D. Information on the integration of disability issues on the agenda of all governmental agencies to assure that various departments are equally aware of disability rights and can work to promote them
569. The Constitution requires the creation of National Equality Councils, which will be responsible for ensuring full application and exercise of the rights enshrined in the Constitution and international human rights instruments. The responsibilities of these councils will include the formulation, mainstreaming, enforcement, follow-up and evaluation of public policies dealing with gender, ethnic, generational, intercultural, disability and human mobility issues, in accordance with the law. It has also been established that, to achieve their purposes, the councils will coordinate with the overseeing and implementing authorities and with agencies specializing in the protection of rights at every level of government. 570. To ensure that governmental entities are informed of the rights of persons with disabilities during the transition period, these Councils are working with CONADIS to draft
GE.13-44356 (EXT) 89 CRPD/C/ECU/1
the national equality agenda, with the participation of civil-society actors and public stakeholders. That agenda will be published on the websites of all the ministries, councils and federations, and will be distributed countrywide in printed form and on compact discs for those with visual disabilities. This is scheduled to be implemented by CONADIS at some time in the first four months of 2011.
E. Information on the operations of Government departments and their programmes and functions relating to persons with disabilities
571. The Ministry of Sport, through its adaptive sport department, has conducted the following programmes: • Efforts to ensure large-scale participation by persons with disabilities in sporting and recreational activities at the national level; • “Unlimited Adventures” parks; • “Unlimited Adventures” camps; • A Paralympic sports festival; • Support for sporting bodies with disabled members at the national level: • The Ecuadorian Paralympic Sports Federation; • Special sports clubs (for sportspeople with intellectual disabilities); • Organizing adaptive sports with a view to creating the Ecuadorian Paralympic Committee. 572. The Ministry of Economic and Social Inclusion, through its department for people with disabilities, has conducted a variety of disability-related activities.
Capacity-building • An occupational training programme for jobs in Centres for the Protection of Persons with Disabilities; • SIGOB (Government Information System) indicators: currently functioning comprehensive support centres for persons with disabilities; • Comprehensive support centres for persons with disabilities meeting quality standards; persons receiving services from these centres; • A programme for the rehabilitation network of the coastal region; • SIGOB indicator: persons with disabilities cared for in the community; • A programme to strengthen the associative movement; • SIGOB indicator: persons with disabilities participating in local projects and initiatives; • A programme to publicise and disseminate knowledge about rights; • SIGOB indicator: persons with disabilities cared for in their communities.
Economic inclusion • A project on marketing networks;
90 GE.13-44356 (EXT) CRPD/C/ECU/1
• A project on associative enterprise for mothers of persons with disabilities (indicators designed for 2010).
Social inclusion and protection • A referral and reception centre for persons with disabilities with serious or severe impairments (design — indicators designed for 2010).
Institution-building • A knowledge-building programme; • SIGOB indicator: persons with disabilities cared for in their communities; • A programme of follow-up, evaluation and monitoring. 573. The Ministry of Health does not currently have a department for disabilities, but it has conducted the following disability-related programmes: • Specialized diagnosis and treatment of physical or visceral disability; • Rehabilitation of physical and intellectual disability; • Rating of disabilities; • Inclusion of persons with disabilities in the Ministry’s support plans and programmes; • Creation and strengthening of the National Centre for Human Genetics (Ministry of Economic and Social Inclusion); • A system of care for complications of physical disability and other complications; • Programmes of early learning and care for children with high obstetric risk; • Programme of care for disability and catastrophic illness. 574. To facilitate access by persons with disabilities to places and sources of employment, the Ministry of Labour Relations has an employment exchange where persons with disabilities needing jobs can register through a website or at the Ministry’s offices countrywide. 575. The Ministry of Education has a national special education department, which is conducting the following programmes.
National programme of educational support at special schools • Intellectual disability; • Visual disability; • Hearing disability; and • Physical disability.
National programme for the inclusion in mainstream schools of children and young people with special educational needs • Training; • Procurement and delivery of materials.
GE.13-44356 (EXT) 91 CRPD/C/ECU/1
National programme on transition to adult life • Creation of employment training centres at special schools; • Creation of 29 technical skills and abilities services for persons with disabilities.
World programme for the prevention of visual disability, Ecuador section • Teacher training; • Screening of students; • Evaluation of students; • Assistance to students.
National programme for deaf-blindness • Identification of schools; • Establishment of a model curriculum; • Training workshops.
National programme for the highly gifted • Evaluation workshop and proposals; • System of statistical data on special education.
National autism programme • Detection, assessment and support for students with autism.
National programme for special-education monitoring and follow-up • Service to the community and inter-agency coordination; • Teacher training and retraining programme. 576. The disability information subsystem project of the Ministry for the Coordination of Social Development, associated with the System of Integral Social Indicators for Ecuador, has the overall objective of defining disability-related social indicators contained in a database attached to the System, to facilitate planning and decision-making in that area. 577. The Office of the Ombudsman Organic Act, section II (Duties and Powers), article 8.1, states that the Ombudsman will publicly condemn those responsible for planning and perpetrating acts and behaviours which are contrary to human rights.17 In September 2000, to satisfy the needs of persons with disabilities, the Ombudsman reformed the National Commission for the Third Age into the Department for the Defence of the Rights of Older Persons and Persons with Disabilities. This expanded the coverage of support not only to older persons but also to persons with any kind of disability.
F. Information on budget allocations for the purpose of national implementation and monitoring
578. The general budget of the State is the instrument which determines and manages Government revenue and expenditure. It incorporates the budgets which relate to support
17 Office of the Ombudsman Organic Act: see www.defensordelpueblo.gov.ec.
92 GE.13-44356 (EXT) CRPD/C/ECU/1
for persons with disabilities and a budget for ensuring enjoyment of the rights enshrined in the Constitution and the National Plan for Good Living.
GE.13-44356 (EXT) 93