Introduction
In addressing the rights of persons with disabilities, the UN Human Rights Committee, which, in a 1995 ruling, affirmed that persons with disabilities are rights-holders, rather than merely beneficiaries of charity or welfare policies.
This recognition reflects a shift towards a social model which understands that the root causes of disability are not religious or scientific, but predominantly social. According to this model, persons with disabilities are full members of society, capable of contributing to their communities on equal terms with others.
This approach calls for respect for human dignity, equality, and individual freedom. It promotes social inclusion and coexistence, and the implementation of key principles such as independent living, non-discrimination, universal accessibility, environmental integration, and civil dialogue.
Development
With the concepts of equality and inclusion at the centre of all disability policies, regulatory frameworks must prioritise the prevention of discrimination against persons with disabilities and ensure their full enjoyment of fundamental human rights.
It is therefore essential to define the role of the State in formulating policies regarding all issues that affect the lives of persons with disabilities. These include health, education, employment, , social and political participation, access to justice, and the rights of girls and women with disabilities.
Every government must develop a clear policy on disability. The foundation of such a policy must be the recognition of the right to equality and the elimination of discrimination in all areas of public life.
A consolidated document was needed to guide these efforts, one that defines the principles protecting the rights of persons with disabilities and urges states to implement them. This role was fulfilled by the Convention on the Rights of Persons with Disabilities (CRPD).
Adopted by the United Nations in 2009, the CPRD is a binding international treaty that guarantees the full and equal enjoyment of all human rights and fundamental freedoms by persons with disabilities. It recognises the inherent dignity of all people and affirms the right to equality and non-discrimination. It protects a wide range of civil, political, economic, social, and cultural rights
is a United Nations international treaty that seeks to protect and ensure the full and equal enjoyment of all human rights and fundamental freedoms by persons with disabilities.
The Convention on the Rights of Persons with Disabilities (CRPD) (2006) is a UN human rights treaty that promotes equality and non-discrimination, guarantees that persons with disabilities have the same rights and opportunities as persons without disabilities, recognises inherent dignity, seeks to ensure respect and protection of the dignity of persons with disabilities, and protects a wide range of rights: civil, political, economic, social, and cultural; and establishes obligations for states. Countries must take measures to implement its provisions and make the rights of persons with disabilities a reality.
If countries decide to incorporate these principles of the Convention into their public policies, their policies must interact with each and every area of the state in order to raise awareness and remove obstacles that exist to successfully implementing these objectives. This entails developing and implementing disability policies within the state structure that facilitates and enables access to all areas of the state structure . Promoting and protecting the rights and dignity of persons with disabilities requires laying the foundation for a holistic approach, understanding that disability is an evolving concept and that it results from the interaction between persons with disabilities and the barriers due to attitudes and environments that prevent them from fully and effectively participating in society on an equal footing with others. It is the State’s obligation to remove these barriers.
In Argentina, Article 75, paragraph 23 of the National Constitution establishes that the National Congress “shall legislate and promote affirmative action measures that guarantee real equality of opportunity and treatment, and the full enjoyment and exercise of the rights recognised by this Constitution and by international treaties. As a priority, issues related to human rights, particularly concerning children, women, the elderly, and persons with disabilities .” This section was incorporated into the 1994 constitutional reform, ratifying the principle established in Article 16 of the Political Constitution: “The Legislative Branch, in Article 75, Section 32 of the National Constitution, is empowered to enact laws and regulations to implement the rights recognised therein.”
Two very important laws: Law 22,431 (1981-Decree 498/1983) on the “Comprehensive Protection System for Persons with Disabilities,” a welfare-based law that emphasises medical care, education, social security, deductibles, and incentives to neutralise disadvantages.
Law 24,901 (1997-Decree 1193/1998) on the “System of Basic Comprehensive Care Benefits,” a more preventative law that grants rights in the areas of prevention, promotion, assistance, and protection. The latter does not repeal the former, but rather modifies some articles, going beyond its spirit and objectives.
Also worth mentioning is National Law 24.314 on “Accessibility for Persons with Reduced Mobility,” which was enacted in Argentina on April 8, 1994, and which modifies Law 22431. Its main objective is to guarantee accessibility for persons with reduced mobility, promoting the comprehensive protection of persons with disabilities, according to Infoleg and the National University of La Matanza. The law seeks to ensure safe and autonomous conditions for the development of daily activities without restrictions derived from the physical environment.
Law 24314 establishes specific measures for accessibility, including:
Accessibility in buildings: New construction or renovations must include accessibility standards. Existing buildings must be adapted to ensure access for people with reduced mobility, especially those used for entertainment.
Accessibility in buildings: for education and culture, work, industry and commerce, shopping malls, healthcare, and geriatrics.
Accessibility in transportation: Measures are established for adapting public transportation for people with reduced mobility, with defined deadlines for implementation.
Accessibility in the urban environment: Streets and pavement must be adequately marked, including ramps at corners and non-slip surfaces for people with visual impairments and reduced mobility.
Signage: Vertical signs and urban elements must be installed that do not constitute obstacles for people with reduced mobility or visual impairments.
Provincial adherence: Provinces were invited to adhere to and/or incorporate the contents of the law into their local regulations.
National Law 24314 has Regulatory Decree 914/97.
CONCLUSION
Public policies on disability are the expression of a state’s commitment, which, through legislation, recognises a right and establishes certain social rules to serve the common good. Public policies must be efficient and generate equal opportunities.
Political participation is one of the main sources of exercising autonomy, and it is important to emphasise that people with disabilities have a significant role to play in the fight for the recognition of their rights. Therefore, public policies must be designed in a cross-cutting manner, considering the needs of the entire population.
It is known that legal recognition plays a crucial role in evaluating how disability policies are funded ; this allows for integrative and effective proposals. Furthermore, it is important to recognise the need to evaluate policies to determine whether financial resources are being directed toward the proposed objectives, whether they are sufficient, and what needs to be improved.
For the context to change, a real commitment from the entire society is required.
5 keywords: Disability, Regulations, Rights, Inclusion, Person.
Links to social media and/or website:
https://www.linkedin.com/in/eduardo-schmunis-822b136a/?originalSubdomain=ar
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ARCHITECT. JOSEFINA OCAMPO,
ARCHITECT. EDUARDO SCHMUNIS