On 3 December, International Day of Persons with Disabilities was commemorated, a condition affecting 4.3 million people in Spain and 64,400 people of functional diversity and working age in the Basque Country.
This day requires no celebration as much as a commitment to work under the inspiration of the International Convention on the Rights of Persons with Disabilities, ratified in New York on 13/12/2006 and ratified by Spain on 23/11/2007. It is a document that goes beyond the historical model of medical-rehabilitation of persons with disabilities and celebrates their rights with special reference to access to public employment.
Regarding access to public employment, it is not uncommon for different types of disability to be positively discriminated against, as if we were faced with a homogeneous reality. Access to public and private employment cannot ignore the fact that a person with a cognitive disability does not have the same difficulties as a person with a disability for mobility or hearing reasons, they may surpass Einstein himself in intelligence in the traditional sense of the term, this is never the first to require certain proficiency in entrance exams, examinations and qualifications. it will happen to you.
In Euskadi and Gorabide 10,017 people with intellectual disabilities are registered. Regarding this group, Royal Legislative Decree 1/2013 31 of 29 November approved the Consolidated Text of the General Law on the rights and social inclusion of persons with disabilities, with criteria strengthened by Law 6/2022 of March 31, including access to both public and private employment for persons with disabilities. guarantees equal opportunity and treatment, with special consideration: the quota reserved for people with disabilities must be met by all persons with disabilities, without any foresight or reflection. places in these quotas can increase the places occupied by other groups. In particular, in the second paragraph of Article 42, it is stated that “a quota will be allocated to meet the disabled in public employment offers”.
The New York Convention and its derivative Law —8/2021 and 2 — recognize as legal or legal capacity the requirement that a natural person be a subject in legal relationships characterized by:
a) Take a static position of the subject.
b) A fundamental feature of rational human nature is that it is a requirement of human dignity and is therefore essentially the same for all.
c) It must be indivisible, intangible, non-transferable and non-transferable.
d) It should be fundamental to the extent that it potentially collects all the rights that the person may be subject to.
With the aforementioned features, the OPE of public administrations puts the warning “as long as they pass the tests”, very logical, uninterpretable, sensu contrario, if the tests are not approved there is no longer a substitute and if these are not the places they cover it starts to increase that of other groups. If a mentally handicapped person fails to pass the tests, it should be interpreted that he cannot fill a place, but the place will continue to be allocated to the same group. If not, what is the reservation? In other words, the places reserved for the mentally disabled people who are not covered cannot increase the places reserved for other disabled people, and the places reserved for them cannot increase the general access. For this, it is possible to make as many independent searches as necessary.
If the previous thought is not accepted, the mentally handicapped will be fatally incapable or never able to access public service (clear violation of the New York Convention, state and regional legislation), as multiple capacities that can be supposedly given up are loaned to the managed, at best they are incapable of realizing the capacities they actually have. placing them in secondary or marginal positions where they cannot develop.
The New York Convention already establishes the concept of reasonable adjustments when necessary in a given situation to ensure that persons with disabilities enjoy or enjoy all human rights and fundamental freedoms on an equal basis with others (Article 9 of the Convention).
As a summary of everything mentioned in this section, employment is a non-accessible right for mentally handicapped quota, so the places allocated in the quota must be fully and exclusively met by people with intellectual disabilities.
Rather, it assumes non-discrimination, which the law does not tolerate, that all persons with disabilities are equal, that all persons with disabilities must undergo the same adapted examinations for the purpose of accessing employment, that places neither have the same reservations nor the same access opportunities. public function or private company under new legislation.
We live in a society where the elimination of inequalities is a categorical imperative, especially for government.
Not all inequalities are the same, do not have the same associative support, or form part of the politically correct discourse. Without media coverage, and thus in the political debates that shape media debate, there are people who, almost silently, suffer from their disabilities, these are not news.
If the problem of disability, in its diversity, is not taken seriously, with support measures tailored to each type of disability, we can fall into the trap of the political-administrative priority of the mediatic and condemn people with disabilities to permanent suffering. García Márquez has already affirmed that old age and disability are honest deals with uncertainty and suffering, we have come in time to correct this democratic deficit.
lawyer
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