Catalogue of Local Inclusive Public Policies

Public policies
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Inclusion and enhanced quality of work life practices for persons with disabilities (PWD)

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Ciudad Autónoma de Buenos Aires - Argentina

Region
Latin America and the Caribbean
Range of Demographic Size
1,000,000 inhabitants or more (metropolis)

8.5 By 2030, achieve full and productive employment and decent work for all women and men, including for young people and persons with disabilities, and equal pay for work of equal value.

A - Full integration of population dynamics into sustainable development with equality and respect for human rights.

American Convention on Human Rights

• Inter-American Convention on the Elimination of all Forms of Discrimination Against Persons with Disabilities

Convention on the Rights of Persons with Disabilities (CRPD).

Universal Declaration of Human Rights (UDHR).

International Covenant on Economic, Social and Cultural Rights (ICESCR).

Summary

The policy concerning “Inclusion and Enhanced Quality of Work Life Practices for Persons with Disabilities” is based on a Resolution passed by the Judiciary Council of the Autonomous City of Buenos Aires in 2010. The resolution provides for the possibility of applying for a financial subsidy to cover workers’ commuting expenses (back and forth between home and work). The subsidy will be awarded after verifying the reasons for the need or lack of access to transport means, long-term or short-term medical issues, up to and including applicants’ specific geographic circumstances.

Implementation Date:

Start: 09 / 23 / 2010

End: End: Currently in force

HEALTH AND SOCIAL WELFARE - Disabilities Interculturalism and non-discrimination - Inclusion and building of intercultural societies
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With the enactment of Law No. 1502/2004, which provides that persons with disability (PWD) should account for no less than 5% of the total public sector headcount in the City of Buenos Aires, and in line with a local public policy that actively encourages its execution, the authorities of the City government have been intervening in several judicial, legislative and government offices in which they have found structural barriers for the normal development of PWD at the workplace. This resulted in direct actions at buildings to accommodate spaces in order to enable the inclusion of all workers and, therefore, the enforcement of the applicable laws and regulations. Apart from these efforts, certain mobility challenges were reported and ratified, primarily affecting agents with disability that go beyond the aforementioned building limitations, such as the lack of public transport means available and accessible to address their special needs. Even though Executive Decree No. 38/2004 (as subsequently amended) already established that PWD could use all public transport means for free by showing a “Unique Disability Certificate” that needs to be applied for, there are still endless restraining factors. The starting situation reveals the lack of routes ensuring independence to PWD in urban mobility, with the ensuing implications in terms of negative workplace climate, growing absenteeism, and lack of motivation in their daily performance.
• To improve the quality of work life for persons with disability by providing resources to ensure personal mobility with the greatest possible independence. • To facilitate commuting for workers with disability (back and forth between home and work).
Judiciary Council of the Autonomous City of Buenos Aires (CABA). It is up to the Judiciary Administrator, in cooperation with the Office of Assistance and Inclusion of Persons with Disability, under the purview of the Department of Labor Relations, to decide whether to grant or not the special commuting subsidy.
Law No. 1502/2004 (CABA): It provides for the inclusion of persons with disability (PWD) by no less than 5% of the City’s total public sector headcount. The law was enacted on October 21, 2004. Law No. 26,378/2008 (International Convention on the Rights of Persons with Disabilities): In particular, Article 20 provides that State Parties “shall take effective measures to ensure personal mobility with the greatest possible independence for persons with disabilities”; and Article 29 concerning “Participation in political and public life.” Regulations on PWD Inclusion at the Judicial Council (Resolution CM No. 569/2010).
Persons with disabilities
Financial/legal/technical assistence
Developing of regulations
The Office of Assistance and Inclusion of Persons with Disability was created in the Autonomous City of Buenos Aires in 2008, by means of Resolution CM No. 112/2008 of its Judiciary Council. The office is under the purview of the Department of Labor Relations. Then, the Judiciary and the Government of the Autonomous City of Buenos Aires entered into the “Cooperation Agreement to Ensure Full Participation of Persons with Disabilities,” which entered into force right away. Within the budgetary scope of the Judiciary of the City of Buenos Aires, the authorities have recognized the need for granting a special subsidy to ensure recipients’ suitable commuting back and forth between home and work. In 2010, another resolution was passed creating the “Regulations on reduced mobility subsidy (Resolution CM 742/2010)”, establishing the mechanism to grant the subsidy, applicants’ eligibility requirements, documents to be filed, notices to be given to the competent authorities, and the manner in which the funds will be credited.
The policy concerning “Inclusion and Enhanced Quality of Work Life Practices for Persons with Disabilities” is innovative in that it deals with a topic that has not been extensively addressed. This initiative recognizes that persons with disabilities experience substantial difficulties to get a job that include, and even go beyond, applicable laws and regulations. Therefore, it seeks to facilitate their access with specific actions that enhance their mobility and independence.
The Office of Assistance and Inclusion of Persons with Disability of the Judiciary Council of the Autonomous City of Buenos Aires is in charge of monitoring applicants. The Judiciary Administrator assesses and is empowered to grant or reject the subsidy, always on reasonable grounds. Once the subsidy is granted, the Office of Programming and Accounting will be the execution entity, tasked with the duty of overseeing the receipts that support that the subsidy has been actually used by the person with disability.
Local goverment
Reduced absenteeism in jobs usually done by persons with disabilities. In fact, according to data generated by the competent areas, absenteeism levels among the sector’s PWD population have declined by 65% in the last 8 years. In addition, beneficiary PWDs have reported a substantial improvement in their quality of work life due to the elimination of mobility barriers (since they do not have to use public transport to commute to work), and increased motivation levels.
The program rules and regulations are available on the web site and on the intranet of the Judiciary Council of the Autonomous City of Buenos Aires.
Website of the Judiciary Council of the Autonomous City of Buenos Aires:
Publication:
Law No. 26,378/2008 - Convention on the Rights of Persons with Disabilities and its Optional Protocol, approved by resolution of the UN General Assembly (Dec. 13, 2006):
RES N 7422010

RES N 7422010 Anexo

Instrumentos

8.5 By 2030, achieve full and productive employment and decent work for all women and men, including for young people and persons with disabilities, and equal pay for work of equal value.

A - Full integration of population dynamics into sustainable development with equality and respect for human rights.
American Convention on Human Rights
• Inter-American Convention on the Elimination of all Forms of Discrimination Against Persons with Disabilities
Convention on the Rights of Persons with Disabilities (CRPD).
Universal Declaration of Human Rights (UDHR).
International Covenant on Economic, Social and Cultural Rights (ICESCR).

Location

Region
Latin America and the Caribbean
Range of Demographic Size
1,000,000 inhabitants or more (metropolis)

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