Colombia

Colombia

Region: Americas

Disability Definition

Those people who have physical, mental, intellectual or sensory deficiencies in the medium and long term that, by interacting with various barriers including attitudinal barriers, may prevent their full and effective participation in society , on equal terms with the others.

Legislation

LAW 361 OF 1997 for the creation of mechanisms of social integration of people with disabilities.The State will guarantee and ensure that in its legal system no discrimination prevails over any inhabitant in its territory, due to personal, economic, physical, physiological, psychological, sensory and social circumstances.

In no case the disability of a person may a reason to hinder an employment relationship, unless that disability is clearly demonstrated as incompatible and insurmountable in the position to be performed. Likewise, person with a disability may be terminated or their contract terminated because of their disability,unless authorized by the Labor Office.

However, those dismissed or their contract terminated because of their disability, without complying with the requirement provided in the preceding paragraph, will be entitled to compensation equivalent to one hundred and eighty days of salary, without prejudice to the other benefits and indemnities that may be in accordance with the Substantive Labor Code and other regulations that modify, add, supplement or clarify.

LAW 1618 DE 2013 By means of which provisions are established to guarantee the full exercise of the rights of persons with disabilities. The purpose of this law is to guarantee and ensure the effective exercise of the rights of persons with disabilities, through the adoption of measures of inclusion, affirmative action and reasonable accommodation and eliminating all forms of discrimination based on disability, in accordance with Law 1346 of 2009.

Ratified UN Convention on the Rights of People with Disabilities on 10 MAY 2011

Employer Legal Requirements

Preference to companies with at least 10% employees with disabilities in the bidding processes for public contracts, under otherwise equal conditions.

The apprenticeship quota that the employer is obliged to hire will be reduced by 50%, if those hired by him are persons with proven disabilities of not less than 25%.

Accessibility Requirements

Relevant conditions and measures that facilities and information services must meet to adapt the environment, products and services, as well as objects, tools and utensils, in order to ensure access for people with disabilities , on equal terms, to the physical environment, transport, information and communications, including information systems and technologies and communications, both in urban and rural areas. The technical aids will be made with appropriate technology taking into account height, size, weight and need of the person.

With regard to access to information, knowledge and culture, it is important to highlight the issuance of Colombian Technical Standard (NTC) 5854 which establishes specific rules for web accessibility and mentions screen readers, magnifiers, and audio descriptions, among others, as mechanisms to ensure adjustments in access to virtual tools

Cultural Norms

In terms of understanding disability, the social model and the rights-based approach have led to significant advances in recent decades. Colombia is a state in which persons with disabilities enjoy the special protection of their human rights within the constitutional and legal framework.

The state has advanced particular measures for the improvement of the quality of life of this population, but this has not necessarily had an impact on the opportunity to forge a life that is autonomous, independent and free of violence. Colombia must progress in the recognition of the right of persons with disabilities.

Despite protections, many persons with disabilities still face enormous barriers to access, retention and advancement in employment. In many cases, persons with disabilities continue to be considered by the productive sector and society in general as incapable, unproductive, or a burden for employers. In some cases, families do not encourage the inclusion of their children and in other cases people simply do not find employment in the competitive labor market. However, a large group of individuals, families and organizations are working tirelessly for work and productive inclusion, slowly gaining new spaces and opportunities.

Business Practices/Examples

Additional content coming soon.

Insights

It is difficult to know the exact number of persons with disabilities in the country. While the 2005 Census showed that 6.4% of the Colombian population had some form of disability (close to 3 million people), various social organizations and the Colombian Constitutional Court have estimated that the number of Colombian persons with disabilities may represent 15% of the population (close to 7.2 million people).

It is difficult to know the exact number of persons with disabilities in the country. While the 2005 Census showed that 6.4% of the Colombian population had some form of disability (close to 3 million people), various social organizations and the Colombian Constitutional Court have estimated that the number of Colombian persons with disabilities may represent 15% of the population (close to 7.2 million people).

Supplier Diversity

Certification is in place for women-owned business enterprises (WeConnect).

Certification is in place for LGBT-owned enterprises (NGLCC Network: Cámara de Comerciantes LGBT de Colombia (CCLGBTco))

Talent Sourcing Resources

Asociaci├│n Colombiana para el Desarrollo de Personas con Discapacidades ASCOBAR Mission for social inclusion, including access to work.

Incluyeme.com helps companies to hire talent with disabilities. Since the organization started, they helped more than 1,300 people with disabilities find and secure a job. Incluyme.com helps people with disabilities find jobs in order to have a fair opportunity to support themselves and their families just like any other person. They operate in Argentina, Chile, Peru, Paraguay, Colombia, and Mexico.

Additional Resources

ACPEF – Colombian Association of People with Schizophrenia and their Families Aimed at the acquisition, development and maintenance of skills that promote the inclusion and improvement of the quality of life of people, facilitating processes of responsibility and vital guidance, to assume an active role in the community and perform as independently as possible in their social environment

National Institute of the Blind, Costa Rica

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.

FENASCOL: The Mission of the Federation is to contribute to improving the quality of life of deaf people through the defense of their rights and the realization of actions and programs that respond to their needs. The guiding principles of the Federation are: unity, equality, respect, solidarity and perseverance, as well as the identity of its Associates as individuals and as a group.