International Disability Rights Monitor (IDRM) Publications - - IDRM - Ecuador 2004
Ecuador
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Key Factors:
Ecuador has a strong legal framework, recognized when the nation received in 2002 the Sixth
Franklin Delano Roosevelt International
Disability Award.1 However, the country is in the midst of a servere economic crisis. Budgetary allocations prioritize the payment of the foreign debt, often at the expense of social expenditure.
Few protections are implemented, and people with disabilities remain a severely vulnerable population.
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Terminology
The 6th Population and 5th Housing Census, conducted by the National Statistics and Census Institute (INEC) in 2001, used the word "incapacidad," which is translated to "incapacitated" or "incapacity." Section 102 of the Civil Code, in describing certain restrictions, uses the term "los dementes, los ciegos, los sordos y los mudos" which, when directly translated, means "the insane, the blind, the deaf and the mute." When quoting directly from these documents, the orginal terminology is retained.2
Definition of Disability
Chapter II of Executive Decree 3603, which provided regulations for and amended the Disability Act, contains the following definition:
For the purposes of the law and the regulations thereto, a "person with disabilities" is any individual who, as a result of one or more congenital or acquired physical, mental or sensory impairments, which can be expected to be permanent, is restricted in at least 30 percent of his or her ability to perform an activity within the range considered normal, limiting or preventing him or her from performing daily life functions or activities.3
The definition is based upon the World Health Organization's ICIDH-1 classification.4
Although this is the most significant legal definition of disability, other definitions are sometimes used by specific agencies. In the case of the census, for example, disability is labeled "permanent incapacity" and is defined in the Census Taker's Manual as "a permanent difficulty to perform activities in the manner or within the range considered normal, as a consequence of irreversible effects of a congenital or acquired incurable disease."5
Disability Population
The 6th Population and 5th Housing Census, conducted by the INEC in 2001, collected information on the number of people with disabilities in the country. At the time of the census, Ecuador had a total population of approximately 12 million people and people with disabilities accounted for 4.65% or approximately 558,000.6 The census question used to identify people with disabilities asked whether each person "has some permanent incapacity of a physical, sensorial or mental type." The focus on "incapacity," as well as the narrow definition of disability it implies, indicates that the INEC most likely missed significant numbers of people with disabilities. In addition to potential question wording problems, other methodological problems included lack of interviewer training and knowledge about disabilities and interviewer omission of disability-related questions.7
Moreover, this figure contrasts sharply with data from the "Study of the Current Disability Situation in Ecuador" (ESADE) published by the National Council on Disabilities (CONADIS), which found that people with disabilities number 13.2 percent of the population.8 The ESADE survey was conducted by a professionally trained team from the Central University of Ecuador. The definitions of disability used in that survey were provided by CIDDM, which uses classifications prepared by the WHO.
Among the causes of disabilities reported by national disability organizations, including the National Federation of Ecuadorians with Disability, the National Federation of the Blind of Ecuador, and the National Federation of the Deaf of Ecuador, are pollution from oil extraction and the harmful effects of chemicals used in flower crops and banana plantations.9
Legislation & Disability Rights
Legal Protections
Ecuador has signed several international instruments on disability and human rights. The ILO Convention 159 on vocational rehabilitation and employment for people with disabilities was ratified on 20 May 1988. Ecuador signed the Inter-American Convention on the Elimination of All Forms of Discrimination Against Persons With Disabilities and ratified it on 1 March 2004.9 The ratification document was deposited with the OAS General Secretariat on 18 March 2004. Ecuador has also signed the Salamanca Statement on Special Needs Education for Children and Youth; the Managua Declaration on Policies for Children and Youth with Disabilities; and the Cartagena Declaration.10
Nationally, early assistance for people with disabilities was based upon a charitable model, beginning in the 1950s as the initiative of parents and private organizations. The paradigm has gradually changed to one focused less on charity and more on rights.
In addition to these strides, several government agencies in the 1970s started taking responsibility for the education, health, and social welfare of people with disabilities, and in the 1980s Ecuador celebrated the "Decade of the Disabled Persons." In the 1990s the government published the First National Disability Plan and created CONADIS. Since then, Ecuador has continued creating legal instruments that now contain provisions making up a body of both general and sectoral policies on health, education, labor, and social welfare that drive the action of the various parties involved. In general, Ecuador has created "pioneering legal instruments in Latin America, a fact that markedly contrasts with the general social and economic development of the country and confirms, again, what is stated by local legal experts: Ecuador has a progressive set of laws and protections, but effective enforcement mechanisms and resources are lacking."11
The Political Constitution of Ecuador specifically addresses the topic of disability rights. Section 53 of Chapter Two establishes the responsibility of the government to guarantee disability prevention efforts, comprehensive rehabilitation, "access to goods and services, particularly in the areas of health, education, training, employment and recreation," and the elimination of communication, urban, architectural and transportation barriers. Ecuadorian Sign Language is officially recognized by the Constitution, as is Braille.
Additionally, people with disabilities are entitled to financial benefits including "[preferential consideration] for loans, tax cuts and exemptions." Ultimately, the Constitution mandates that the government "together with society and the family, take responsibility for the social integration and the equalization of opportunities of people with disabilities."12
The rights guaranteed by the Constitution are further described in subsequent legislation. The Disability Act contains provisions on the rights of people with disabilities, as well as procedures to impose penalties on those who do not comply with the law. The overall framework of the act prohibits discrimination against people with disabilities. It also establishes a national system for the prevention of disability and contains provisions on the organization and operation of CONADIS.13 Executive Decree 3603 provides the powers and duties of institutions and agencies responsible for the prevention, care, and social integration of people with disabilities. The Regulations on the Registration of People with Disabilities establish the process and requirements for obtaining a disability registration card.14 The Childhood and Adolescence Code indentifies the rights of children and adolescents with disabilities.15
A variety of legislation also exists that is related to specific areas of service and support. The National Health System Act establishes priority services for people with disabilities.16 The Program of Scholarships for People with Disabilities establishes eligibility criteria and ensures equal distribution of resources in all provinces.17 The INEN Standards on Accessibility to the Built Environment contain detailed accessibility requirements and were designed jointly by the Ecuadorian Standardization Institute (INEN) and CONADIS.18 The General Regulations on Special Education reorganized the means of providing educational assistance to children and youth with special educational needs, whether these needs result from a disability or not.19
Other legal instruments that explicitly refer to people with disabilities include: Regulations on the New Urban Housing Incentive System, the Reform of Public Finance Act, the Compulsory Military Service in the National Armed Forces Act, regulations for the enforcement of the Compulsory Military Service in the National Armed Forces Act, and regulations for the enforcement of the Internal Tax System Act. The 2nd National Disability Plan is currently in the approval process. The plan was submitted to Congress on 9 July 2003 as Bill 24-137, "Law Amending and Updating the Labor Code to Promote the Inclusion of People With Disabilities into the Labor Force."
Despite the current legal framework, rights violations against people with disabilities do occur in Ecuador. One particularly important case involved a petition filed in 1994 by the Ecumenical Commission of Human Rights (CEDHU) against Ecuador for violation of the American Convention of Human Rights. Mr. V?ctor Rosario Congo, a person with a mental disability, was placed in detention without a sentence on 25 July 1990. He was then physically assaulted by a guard, stripped naked and placed in solitary confinement, and denied medical care. Rosario Congo died on 25 October 1990. The Inter-American Commission on Human Rights (IACHR) notified Ecuador of its recommendations on 10 March 1999 and received the Government's commitment to taking all appropriate measures on 8 April 1999.20
Nevertheless some people with disabilities remain subject to physical, psychological, and sexual violence. Leaders of disability organizations report that in some instances, people with disaibilities are forced to beg by their families. Cases of mistreatment in special education institutions, particularly against people with intellectual disabilities, are typically kept hidden.21 Most cases of rights violations are not officially documented, and there are no records on cases of abuse and death. Morever, disability rights are not included in the Ecuador Human Rights Operational Plan, 2003-2006.22
Legal Barriers
Some laws that contain discriminatory language and negatively impact the rights of people with disabilities are still in force. Among those laws not yet amended are the Civil Code and the Criminal Code. Section 102 of the Civil Code prevents "the insane, the blind, the deaf and the mute" from acting as witnesses to a marriage. The same population is excluded from witnessing the signing of a will.23 Section 536 declares some persons with disabilities legally incapable of guardianship including "the blind, the mute or the insane, even if they have not been declared incapacitated by a court."
Civic Participation
Voting is mandatory for all citizens in Ecuador, including people with disabilities. Citizens who fail to vote must pay a fine. However, absenteeism in public elections is reported to be high among people with disabilities although no statistical data are available. Among the causes of absenteeism is a lack of sufficient political information in alternative formats. Inaccessible transporation and voting facilities may often prevent people with disabilities from reaching polling stations and ballot boxes. Because of these barriers, the President of the
National Federation of Ecuadorians with Physical Disabilities (FENEDIF) was able to obtain an exemption for people with disabilities who do not vote. In some instances, people with disabilities who have been abandoned may have no identification card, which means they are not registered as citizens and thus do not have the right to vote.24
Inclusion
Communication
Section 19 of the Disability Act guarantees accessibility to communication, but the government has not yet implemented plans in this area. The government does not communicate its activities in alternative formats. The news is not captioned for viewers who are hearing-impaired. Most libraries do not provide materials in alternative formats. Among the few libraries that do have alternative format information available are the US Embassy's Lincoln Center and the Center of Education and Vocational Training for the Blind (CEFOCLAC).
The publishing house of the Ecuador National Federation of the Blind (FENCE) publishes some books and other materials in Braille. Due to lack of resources, it is unable to produce enough materials to meet the information needs of its member branches. People who are not registered members of FENCE have no access to these materials.25
There is no method or strategy for people with speech impediments or hearing impairments to communicate with authorities in case of natural disasters, civil emergency, or criminal assault. In emergency situations, people with disabilities need the assistance of others in order to inform or receive information from authorities, which ultimately restricts their possibilities for independent living.
New information and communication technologies are at an early stage of development in Ecuador. Very few people have access to technological resources; for example, in 2002, only 3.36% of all Ecuadorians had Internet access.26
Education
In Ecuador, education for children with disabilities is available in both special schools and regular schools. The National Special Education Division of the Ministry of Education and Culture assists 34,656 students nationwide. However, this figure includes both students with and without disabilities. No figures are available that break out the services provided specifically to children with disabilities.27
Among the facilities providing services are 19 Diagnosis and Psycho-pedagogical Counseling Centers and 289 Psycho-pedagogical Support Programs in regular schools. Theses support programs account for 60% of the students assisted by the Special Education Division, however less than 5% of the students enrolled in these programs (917) are people with disabilities.28
The resources available through the Special Education Division also include 129 special education schools. Most of these schools are located in the Coastal Region and the Sierra region. Approximately 50% are state-funded institutions, and 31% are privately funded by foundations, international funds, or tuition. The remainder of schools are funded either by local governments or jointly by the state and private or religious institutions. The majority of special schools assist students with different types of disabilities. Of those serving students with a single type of disability, 25% assist children and youth with intellectual disabilities ; 9% assist children with hearing impairments; 6% assist children with mobility disabilities; and 5% assist children with visual impairments.29
Inaccessible entry to the Ministry of Education, EcuadorStudents attending special schools make up only 14% of those assisted by the Special Education Division, making it appear as though students with disabilities are well-integrated into regular education. However, in 2003, the Ministry of Education found that only 23.8% of school aged children with disabilities were attending an educational instution of any sort. Of those who were in school, 6.1% received no support.30 Ecuador has 18,014 primary schools of which 644 regular schools (3.57%) integrate 1,072 students with disabilities. Secondary schools integrate fewer students, with 112 schools out of 3,474 (3.22%) integrating only 145 students with disabilities. These are concentrated in Pichincha and Manab?.31
As table one demonstrates, many people with disabilities are excluded from education altogether.
Table 1: Level of Education of People with Disabilities32
| Highest level of education completed |
Percent of disability population |
| None |
39.7% |
| Pre-school |
3 |
| Primary school |
42.3% |
| Literacy center |
1.1% |
| Secondary school |
10.5% |
| University |
1.8% |
Almost 40% of people with disabilities receive no education, and only 10.5% finish high school. The high school completion rate for the general population is 25.9%, more than twice the rate for people with disabilities. Although there are no statistics on the illiteracy rate among people with disabilities, the high number of people who receive no education suggests that illiteracy is far higher amoung the disability community than the 9.8% rate for the general population.33
Accessible, adapted teaching materials are designed by individual educational institutions and not widely shared between institutions. Technical aids are extremely limited. Most institutions are reported to have accessibility problems, although no statistics are available. Overall, the available statistics on education suggest that people with disabilities are a severely marginalized population, with limited access to basic education.
Teacher training in the fields of special education, pedagogy, and psychological rehabilitation do address methodologies for the provision of care to students with special educational needs.34 However, there is little or no special education training in regular teacher training courses. In special education schools, 70% of teaching staff are professionals in the fields of psychology and technology.35
There is no available information on the number of students with disabilities in higher education. Recently, however, the High Council of Universities and Polytechnic Schools (CONESUP) and CONADIS have initiated a project called "University for All." The goal of the project is to train leaders in charge of academic planning for institutions of higher education on the inclusion of the disability issue as a cross-cutting theme. The project encourages new courses in a variety of disciplines that include disability issues. Universities taking part in the pilot program incldue: the Equinoccial Technological University, the Army Polytechnic School, the State University in Guayaquil, and the Catholic University in Cuenca.
The Equinoccial Technological University presented the results of its "University for All" project on 27 November 2003.36 Among the results are suggestions for awareness raising projects, educational technology needs, development of adaped teaching materials and assessments, and adaptations of the admission systems. The university also began designing materials for students with sensory disabilities in 2003.37
Employment
Unemployment and underemployment are widespread in Ecuador, with more than half of the total population living below the poverty line. The employment situation of people with disabilities is even more difficult than that of the general population. Table two identifies the employement status of all people with disabilities in the country.38
Table 2: Employment Status for People with Disabilities
Employment status
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Percent of people with disabilities |
| Employed |
18.2% |
| Unemployed |
1.5% |
| Household work only |
29.7% |
| Student |
10.2% |
Retired and/or pensioner
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3% |
Unable to work
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29.1% |
Unknown
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8.6% |
Although the official unemployment appears low, the actual rate of people with disabilities who are not gainfully employed may be as high as 70.4% for the working age population.39 Slightly more people receive some form of financial support. However, this amounts to only 36.2% of people with disabilities.40 The vast majority of people with disabilities are economically dependent on their families. Of the 18.2% of people with disabilities who are employed outside the home, 24.1% are women and the remaining 75.9% are men.41 Women with disabilities are primarily relegated to household work with 73.6% employed in this way. Table three details the types of jobs outside the household at which people with disabilities are employed.42
Table 3: Employment Types for People with Disabilities43
Professional/Technical
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6.3 |
Employed by government or public organization
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3.1 |
| Administrative |
0.8 |
Merchants (generally informal)
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17 |
| Service |
12 |
| Agricultural worker |
31.1 |
| Rural producer (ex., wine producer) |
18.5 |
Unclassified
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10.2 |
A leading company in efforts to employ people with disabilities is Snack América Latina S.A. The company provides not only employment and benefits but also on-going support including the encouragement of family participation. At the moment, there are three people with intellectual disabilities working at their plant.44
Leaders of disability organizations report that among the most significant challenges to employment for people with disabilities are inaccessible workplaces and transporation, a general lack of social awareness regarding the potential of people with disabilities, and a lack of education and job training. Approximately 93% of people with disabilities have not received any vocational training. Of the 7% who have received some training, 51.1% participated in publicly sponsored programs, 36.7% in private programs, and 12.2% in programs held by trade unions.45 The available job training has typically focused on crafts or other types of manual labor that provide access to low-paying jobs.
Labor insertion programs launched by the Ecuadorian General Federation, DEKISTEL, and the Braille Publishing House are reported to have created about 170 jobs.46 Other important training and job placement programs for people with disabilities are run by FASINARM and the Center for the Eradication of Goiter and Training of the Handicapped (CEBYCAM).47 Additionally, the Ecuadorian Vocational Training Service (SECAP) reported that its courses have occasionally been attended by people with physical disabilities.48 The Ministry of Education and Culture is currently planning programs in conjunctions with the ASENIR, SERLI, CEREPSI foundations.49
Health Services
Spending on health care accounts for only 1.6% of Ecuador's budget.50
Health, accident, and retirement insurance cover only 15.6% of people with disabilities. The remaining 84.4% have no insurance benefits, compared to 75% of the general population. Of those people with disabilities who have insurance,
43.9% are beneficiaries of the general social security insurance, 52.3% of insurance for agricultural workers, and 3.9% of private insurance.51 For those
without insurance, the government provides rehabilitation services through State Health Centers under the National Health System.52 However, the quality of health services provided by the National Health System of Ecuador is poor. Inadequate funding is complicated by the lack of appropriate models of intervention and flaws in the delivery of services.53
With the decentralization of health services that took place during the 1990s, services are often duplicated, resulting in an uncoordinated and less efficient health care system.54 All services are typically easier to access in Quito and Guayaquil than in the provinces.55
Some additional public funds are available for health care and rehabilitation. Such funding is channeled through CONADIS. One program provides financial support for special medical examinations, medications, and technical aids for people with physical, hearing, visual, and mental disabilities. The CONADIS also oversees a program for those who cannot afford health care services that subsidizes the purchase of medications and medical supplies for people with disabilities resulting from spinal injury, epilepsy, or developmental disorders. The National Institute of Children and Families (INNFA), the Network for Macroeconomic Dialog (REDIMA), and the National Epilepsy Center participate in this program, with INNFA providing services through the Support Medical Action and Disabilities Program.56 A third CONADIS program created an "Assistance Scholarship," which was created to allow children affected by the economic deterioration in Ecuador to continue their rehabilitation and/or education.
Other organizations providing publicly-funded rehabilitation services include the Hermano Miguel Foundation, the Ecuadoran Society for Rehabilitation of the Disabled (SERLI), and the Medicial Solidary and Disabilities Action Program (PAMSyD).57 Services provided by PAMSyD are delivered through a variety of centers including: Medical Rehabilitation Centers, Centers for the Integration of Persons with Hearing Impairments, Social Medical Services, the Center of Education and Vocational Training for the Blind (CEFOCLAC), and nursing homes for the elderly. Social Security Institutes provide services to those who are entitled to social security benefits. These services are available through the Ecuadorian Social Security Institute (IESS), the Armed Forces Social Security Institute (ISSFA), and the Police Force Social Security Institute (ISPOL).58
Training in the provision of services to people with disabilities is not part of medical school training although some seminars and workshops are available for practicing physicians. According to a PAHO report on Ecuador, most educational activities on health services are carried out by medical associations, professionals associations, and professional foundations.59 These programs are not coordinated under any system and therefore often duplicative. Most services are carried out with the support of private enterprises. However, there is no record of the number or type of activities, or the number of participants. In response to the general lack of training, CONADIS and the council of Higher Education (CONESUP) have proposed the development of "University for All," which would incorporate disability issues into professional training.
Disability prevention services are also poor in Ecuador. Maternal and neonatal health services in Ecuador rated a 57/100 in the Maternal Health Study.60
Efforts to train doctors in disability prevention are underway by PRENATAL and NAR.61
Some Community-Based Rehabilitation programs are currently in place. The Ministry of Health trains Health Promoters who promote health, sanitation, oral health, first aid, and more, throughout the country.62 The PRONEPE is a Ministry of Education program for children 4 to 6 years old, which provides alternative education and promotes the development of basic abilities of children.63 The
Growing with Our Children Program by INNFA is a new project for development of children under the age of 6 that works with families so that they may take part in activities that stimulate the development of their children. Lastly, the School Food Program provides food for low-income children aged 5-14, who attend basic education schools.64 None of these programs have been assessed for effectiveness.
Housing
There are no independent living centers run by people with disabilities in Ecuador. However, culture may be a significant factor in this situation.65 Although a level of independence is important, the cultural significance of family life in Ecuador is paramount, making family living typically a positive situation. Table four details living arrangements for people with disabilities.
Table 4: Living Situations of Persons with Disabilities66
Relation to living companions
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Percent of people with disabilities |
Family
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93.4% |
| Alone |
4.3% |
| Non-family members |
1.9% |
| Other |
0.3% |
Although the majority of people with disabilities live with their nuclear families, the ideals of the independent living process may still be implemented in such settings. Funds are available from the Ministry of Urban Development and Housing for both urban and rural housing as well as for home improvements.67
People with disabilities must meet general requirements. They are entitled to extra points, which are used in determining eleigibility, upon presentation of their
Institutionalization
There are no official records on the total number of people with disabilities who are institutionalized in Ecuador. People with disabilities may be housed in psychiatric hospitals, shelters, orphanages, or nursing homes for the elderly, but there are no records maintained.68 Disability advocates report that placement in an institution usually cannot be refused, since poverty levels are extremely high and people have few choices. There is no supervision and monitoring agency to systematically collect data on the incidence of abuse and/or death.
With regard to children, there is only one institution that expressly provides long term housing and care for children with disabilities. The Jacinta y Francisco Foundation in Guayaquil houses young women with intellectual disabilities.69 The
country report presented at the 2nd International Conference on Children and Residential Care acknowledged the difficulty of finding adequate residential care for children with disabilities, especially those who have been abandoned. It states that of the children with disabilities who are under the age of 18, "less than 2% receive the care they require. The infrastructure of Ecuador's social care system is impaired in quality and quantity, and a large part of the population does not have access to social services. There is a lack of [specialized] institutions for children with special needs. The institutions for protection admit these children together with non-handicapped children. Others are cared for in psychiatric hospitals. The reason many families abandon their handicapped child is often the high cost of treatment and medicine."70
Accessibility
All buildings intended for public use are required by the Disability Act to be accessible to people with disabilities. This includes privately-owned facilities such as hotels, restaurants, and recreational sites as well as all places of interest to tourists. According to the law all new construction must comply with INEN Standards on accessibility. Exisitng public buildings were provided a three year term within which to make all necessary adaptations. This term expired on 6 April 2004. Some municipal ordinances establish additional requirements regarding accessibility and the elimination of barriers.
Leaders of disability organizations estimate that only 20% of public buildings are accessible for people with mobility disabilities. Public offices, except for those of CONADIS, are inaccessible. Access to the ground floor of buildings is also often limited by the presense of obstacles including curbs, cement blocks placed on sidewalks to prevent the parking of cars, advertising signs, and wastebaskets, among others.
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Inaccessible Exterior and Interior design of the Ministry of Social Affairs Building, Ecuador
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Transportation is also required by law to be accessible. Although some forms of transportation are partially accessible, no public transportation system fully meets the needs of people with disabilities. In Quito, the municipal transportation system, which is known as the Trollybus, has accessible vehicles and stops. However, the condition of streets and sidewalks and the existence of curbs often prevent wheelchairs users from reaching bus stops easily and without help. Similarly, the vehicles of the Ecov?a system, also municipally-run, are accessible. The gap between access ramps and the cars, however, makes boarding difficult. Adaptations to this system have been made in an effort to improve accessibility. The Disability Act grants people with disabilities who are able to access transporation a 50% discount on the rate of all ground transportation. Those who can afford private transporation typically travel by private cars or taxis. Rates for international air travel are established according to conventions signed by Ecuador.
An accessible Trollybus in Quito,EcuadorThe two main obstacles to improving accessibility are the lack of trained professionals and financial constraints. With regard to the former, professionals are not given regular opportunities to learn about universal design. Courses are sporadic, and there are no data on the number of participants. Lastly, implementing the legislation on accessibility would require an investment that disability advocates recognize is currently difficult to commit. Even without the necessary expenditures on accessibility required by the Disability Act, the 2004 budget has an estimated deficit of approximately 1.221 million dollars.71
Disability Action & Awareness
The National Disability Council (CONADIS) is the government agency responsible for developing and coordinating disability policy. Disability organizations officially participate in CONADIS through a series of national disability federations. The federations include:
- Ecuadorian Federation for the Assistance of People with Mental
- Impairments, Autism, Cerebral Palsy and Down Syndrome (FEPAPDEM), which maintains three regional offices, several provincial coordination centers, and a documentation center;
- Ecuador National Federation of the Blind (FENCE), which consists of 30 affiliates and provides services to 900 persons who are blind or visually-impaired;
- National Federation of Ecuadorians with Physical Disabilities (FENEDIF), which consists of 30 organizations and 2400 members;
- Ecuador National Federation of the Deaf (FENASEC), which consists of 350 members and provides services to approximately 1200 persons who are deaf or hearing-impaired; and
- Federation of Non-Governmental Organizations Working in the Disability Field, which previously consisted of 59 organizations although it is reported to be defunct.72
The democratically elected presidents of the federations are voting members of the CONADIS Board of Directors. They participate in disability-related policy-making and planning at the national level such as creation of the Strategic Plan for the Disability Sector, 2002-2006, the 2nd National Disability Plan.73 The federations played a key role in the inclusion of amendments to the Political Constitution that included explicit language on people with disabilities and disability rights. They were also important participants in the amending of the Disability Act in 2001, the design of the General Regulations on Special Education, and the content of the Childhood and Adolescence Code
As demonstrated by the inclusion of representatives from disability organizations in CONADIS, discussions bringing together various stakeholders are widely used in the development of disability policy. This process ensures that all parties are given the opportunity to express their views on proposed policies.74
One result has been the creation of advocacy networks such as the Disability Rights Advocacy Network.75 Another example is the Network for the Advancement of Rights and Mental Health, created in April 2001.76 Despite these efforts at including stakeholders in the policy process, however, many individual people with disabilities remain unaware of their rights and the mechanisms in place to demand their enforcement.
The 1st National Disability Plan, currently in force, was released in 1991. The 2nd National Disability Plan for Ecuador, which will lay out an action plan for the next decade, is currently in the process of approval. The proposal developed by CONADIS was submitted to provincial representatives of CONADIS, presidents of national disability federations, governmental representatives of the relevant Ministries (Economy, Human Development, Health, Education, and Housing), and non-governmental representatives related to the disability field. The Final Consensus Workshop for the 2nd National Disability Plan took place in Quito in 5-7 November 2003.77 The budget has not been presented for approval yet. The plan must now be approved by the CONADIS Board of Directors and the President of the Republic.
The plan addresses both general strategic guidelines and specific strategies for action. It focuses on three main topics: disability prevention, care for people with disabilities, and social integration. For each area, the document identifies the most important problems, programs that can address those problems, and the organization or institution responsible for implementation. The 1st National Disability Plan was important in the creation of the current legal framework protecting disability rights, so this instrument is also expected to be important in directing action in the future.
Footnotes:
1. National Organization on Disability, http://www.worldcommitteeondisability.org.
2. Comissión Andina de Juristas, Personas con Discapacidad [People with Disability], http://www. cajpe.org.pe/RIJ/BASES/pcd/CUADRCIV.htm.
3. Executive Decree 3603, General de la Ley Reformatoria de la Ley de Discapacidades [General Regulations of the Law amending the Disability Act].
4. World Health Organization Classification (WHO), ICIDH Geneva 1980.
5. INEC, Manual del Empadronador para VI Censo de Población y V de Vivienda [Census Taker's Manual for the 6th Population and 5th Housing Census], (Instituto Geográfico Militar, Quito, November 2001), 38, 39.
6. INEC, Información del VI Censo de Población y V de Vivienda 2001, relacionada con población con Discapacidad en el Ecuador [Information from the 6th Population and 5th Housing Census, 2001, related to the population with Disabilities in Ecuado], Communication 348-DIFU-SETEC, (D.M., Quito, 19 August 2003).
7. Dr. Ramiro Cesar Flores (executive Director of CONDADIS), interviewed by author, 15 August 2003; Xavier Torres (President of FENEDIF), interviewed by author, 23 August 2003; Quito Panel discussion, 23 August 2003; Riobamba Panel discussion, 27 September 2003.
8. CONADIS, "Resumen Ejecutivo de la Fase Epidemiológica del Proyecto ESADE" [Executive Summary of the Epidemiological Phase of Project ESADE] Situación Actual de las Personas con Discapacidad en el Ecuador, [Current situation of people with disabilities in Ecuador] (Imprenta y Offset Santa Rita, Quito, 2000), 1 - 85.
9. The convention was initially ratified in a Plenary Session of the Honorable National Congress, 21 May 2003.
10. The Salamanca Statement and Framework for Action on Special Needs Education (1994) http://www.unesco.org/education/pdf/SALAMA_E.PDF; Declaration of Managua (1993); Declaration and Place of Action of Cartagena de Indias (2002), http://scm.oas.org/doc_public/ ENGLISH/HIST_02/CIDI01002E04.DOC.
11. CONADIS, "Marco Normativo de las Discapacidades en el Ecuador" [Legal Framework on Disability in Ecuador], Situación Actual de las Personas con Discapacidad en el Ecuador, [Current situation of people with disabilities in Ecuador], (Imprenta y Offset Santa Rita, Quito, 2000), 82.
12. Political Constitution of the Republic of Ecuador, Official Gazette 1, 11 August 1998.
13. Disability Act, Official Gazette 301, 6 April 2001.
14. Regulations on the Registration of People with Disabilities, Official Gazette 291, 23 March 2001.
15. Childhood and Adolescence Code, Official Gazette 737, January 2003.
16. National Health System Act, Official Gazette 670, 25 September 2002.
17. Ministry Agreement 3332, Program of Scholarships for People with Disabilities, Official Gazette 413, 17 September 2001.
18. INEN Standards on Accessibility to the Built Environment Teamwork., made mandatory by Ministry Agreement 2000127-A1, January 2000.
19. Ministry Agreement 4850, Reglamento General de Educación Especial [General Regulations on Special Education], Official Gazette 496, 17 January 2002.
20. Inter-American Commission on Human Rights, Organization of American States, Report 63/99, (Ecuador, 13 April 1999), http://www.cidh.org/annualrep/98span/fondo/ecuador%2011.427.html, http://www.cidh.oas. org/countryrep/Ecuador-sp/Capitulo%206.html.
21. Quito Panel Discussion, 14 August 2003 and Riobamba Panel Discussion, 27 September 2003.
22. Ecuador Ministry of Foreign Affairs, et. al., editors, Ecuador Human Rights Operational Plans, (2003-2006, Quito, 2003).
23. http://www.cajpe.org.pe/RIJ/BASES/pcd/CUADRCIV.htm.
24. Cezar Flores Ramiro, "Derechos y Discapacidad" [Rights and Disability], (PPL Impresores, Quito, 2003), 108-109.
25. Dr. Julio Barba (President of the National Federation for the Blind of Ecuador), interviewed by author, Riobamba, 27 September 2003; Riobamba Panel Discussion, 27 September 2003.
26. El Comercio Newspaper, "Las cuentas de Internet en Ecuador" [Internet Accounts in Ecuador], (Quito, 27 March 2002).
27. Ministry of Education and Culture, National Special Education Division, Diagnóstico de la Educación Especial en el Ecuador [Diagnosis of the status of Special Education in Ecuador], Regulations on Special Education (AH - Editoriales, Quito, 2003), 23-30.
28. Ibid.
29. Ibid.
30. Ministry of Education, Culture, Sports and Recreation, Office of the Assistant Secretary of Education, National Office of Regular and Special Education, National Special Education Division, Proyecto: Integración Escolar de alumnos-alumnas con necesidades educativas especiales asociadas a la discapacidad, a los centros de educación secundaria y ocupacional. Orientaciones básicas para la integración escolar al nivel secundario [Project: School Integration of Students with Disability-Related Special Educational Needs into Secondary and Occupational Education Centers. Basic Guidelines for High-School Integration], (AH - Editoriales, Quito, 2003), 48.
31. Diagnóstico de la Educación Especial en el Ecuador.
32. Sitación Actula de las Personas con Discapacidad en el Ecuador.
33. 6th Population and 5th Housing Census.
34. http://www.conesup.net.
35. CONADIS, "Servicios de Atención para las personas con Discapacidad en el Ecuador" [Assistance services for People with Disabilities in Ecuador], Situación Actual de las Personas con Discapacidad en el Ecuador, [Current situation of people with disabilities in Ecuador], (Imprenta y Offset Santa Rita, Quito, 2000), 20.
36. José Carrera, et. al., University for All, (Quito, August 2003).
37. General Ecuadorian Foundation, Análisis Situacional del Sector de la Discapacidad en el Ecuador, Encuesta de Inclusión Interamericana [Situation Analysis of the Disability Sector in Ecuador, Inter-American Inclusion Survey], (Quito 2003), 7.
38. Sitación Actula de las Personas con Discapacidad en el Ecuador.
39. This includes people who are "occupado" (occupied) but receive no financial renumeration for their efforts.
40. This figure includes retirees.
41. National Organization on Disabilities.
42. Sitación Actula de las Personas con Discapacidad en el Ecuador.
43. Ibid.
44. Nancy Zárate (industrial psychologist, Human Resources coordinator for Operations division, Snack América Latina S.A.), interviewed by author, Monday, 11 August 2003.
45. Sitación Actula de las Personas con Discapacidad en el Ecuador..
46. Dr. Julio Barba. Barba was awarded the 2003 Valdivia Award, which is granted every year by Congress for distinguished achievements in favor of people with disabilities.
47. Foundation for the Psycho-Pedagogical Assistance of Mentally Retarded Children, Adolescents and Adults http://www.fasinarm.org/servicios.htm.
48. Sara Villac?s (economist, SECAP official), interviewed by author, Quito, 14 July 2003.
49. Ministry of Education and Culture, http://mec.gov.ec.
50. Martha Moncayo, "Gasto Social: Ecuador no le da importancia" [Welfare Spending: Ecuador does not give it importance], (Quito, 14 February 2003; Danile Badillo (consultant), "El Gasto Social em la Proforma Presupuestaria 2004" [Welfare Spending in the Budgetary Platform 2004], (presentation at UNICEF, September 2004).
51. Sitación Actula de las Personas con Discapacidad en el Ecuador.
52. Ministry of Public Health, National Health Council, Marco General de la Reforma Estructural de la Salud en el Ecuador [General
