People with disabilities include those who have physical, mental, intellectual or sensory long-term deficiencies that, when interacting with various barriers, may prevent their full and effective participation in society, on equal terms with others.
Law 26378, Approval of the Convention on the Rights of Persons with Disabilities and its optional protocol, approved by resolution of the General Assembly of the United Nations of December 13, 2006. Sanctioned: May 21, 2008 Enacted: June 6, 2008 http://servicios.infoleg.gob.ar/infolegInternet/anexos/140000-144999/141317/norma.htm
Argentine Personal Data Protection Law (which is currently being updated compliance and harmonization with GDPR).
Employer Legal Requirements
Legal quota of 4 percent for hirings of employees with disabilities
Another legal quota in the City of Buenos Aires, which called for a 5 percent quota applicable to permanent government posts, outsourcing of public services and mixed capital firms
Can disability status information be collected? Application stage: yes, assuming employee has been given notice of the data collection which is compliant with the Argentine Personal Data Protection Law (which is currently being updated compliance and harmonization with GDPR). After offer has been made: same as above. After employment commences: same as above.
In general terms, the employers can collect employees’ health information, whenever is relevant for the appropriate performance of the job for which they are going to be or have already been hired, and/or for social security, safety or health coverage purposes.
Remove barriers to ensure access in buildings, public roads, transportation and other external and internal facilities such as schools, housing, medical facilities and workplaces;
Ensure that private entities that provide facilities and services open to the public or for public use take into account all aspects of their accessibility for persons with disabilities;
Ensure that reasonable accommodations are made for people with disabilities in the workplace.
REDI Directory of Argentine accessibility legal requirements
Historically there has been an ideology of charity.
According to a 2018 national survey, 1 out 10 Argentines live with an impairment in their hearing, sight, or mobility. Alarmingly, 6 out of 10 don’t even have a disability certificate that documents their condition.
Expected before the end of 2018, certification will be in place for women-owned business enterprises (WeConnect).
Talent Sourcing Resources
REDI (Red por los Derechos de las Personas con Discapacidad; Network for the Rights of Persons with Disability) REDI is a cross-disabliity DPO/NGO whose main objective is to influence public policies on the rights of PwD, under the Social Model of Disability. REDI emerged in 1998 from the convergence of different organizations of PwD, PwD themselves, and their families and allies who were advocating for their inclusion as full subjects of law, some of them focusing on the right to work, other on the right to accessibility, etc. Promoting the fulfillment of the work quota for people with disabilities in the City of Buenos Aires. http://www.redi.org.ar/index.php?file=Quienes-somos/English-presentation.html
Argentine Federation of Institutions for the Blind and Visually Impaired (FAICA) is a civil association whose purpose is to consolidate the solidary and active unity of the typhlological movement, and to fight throughout the country for the integral promotion of the abilities of persons who are blind or visually impaired. This focus includes training, access to work and advancement in work. http://www.faica.org.ar/
Federation of Protected Workshops (FETAP) is a non-governmental organization that joints together protected workshops in the province of Buenos Aires. http://fetap.blogspot.com/
National Advisory Commission on the Integration of Persons with Disabilities (CONADIS) – Implementing organisation of the CRPD https://www.argentina.gob.ar/andis
Azul Association for the Independent Life of Person with Disabilities in a non-for-profit civil association, created in 2007 in the City of La Plata by persons with disabilities, families and friends. Its mission is to support and promote independent life for persons with disabilities within their communities and in accordance with their own ideas, opinions, preferences, wishes and needs. http://www.asociacionazul.org.ar/
The Latin American Network of Non-Governmental Organizations of Persons With Disabilities and their Families (RIADIS) is a network formed by organizations of persons with disabilities from 19 countries in Latin America and the Caribbean. Formed in 2002, RIADIS represents national DPOs as well as several NGOs acting as technical collaborators. http://www.riadis.org/
In Argentina, 1 in 10 People Live with a Disability https://www.thebubble.com/indec-disability-in-argentina/