Costa Rica and Disability Rights Law a comparative look to International and US Law

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Costa Rica and Disability Rights Law a
comparative look to International and US Law

• Erica Dean
• Chaim Eliyah
• Ursula Jennings
• Jill Salo
• LSJ/CHID 434

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(No Transcript)
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Introduction

• In the past forty years, an increased awareness
  about people with disabilities and their rights
  has led to the creation of numerous pieces of
  legislation regarding the status of disabled
  people and their relationships to their
  environment.

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Introduction Continued

• Beginning in 1973 with the Rehabilitation Act in
  the United States and continuing today at the
  United Nations with the Convention on the Rights
  of Persons with Disabilities, countries now look
  to each other when drafting legislation.

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Introduction Continued

• With a national Equal Opportunities Law for
  Persons with Disabilities, also known as Ley
  (Law) 7600, and as a signatory to the UN
  Convention mentioned above, Costa Rica is one of
  these such countries working to improve the
  rights of people with disabilities in all facets
  of life.

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Costa Rica is located in Central America,
bordering Panama and Nicaragua. Population of
4.1 million About the size of West Virginia
Has an advanced hospital system when compared
with other Central American countries.
Terrain Coastal plains separated by rugged
mountains including over 100 volcanic cones, of
which several are major volcanoes Life
expectancy at birth for the total
population is 77.21 years Literacy rate of 96
Approx. 10 of the population is identified as
having a disability. 6.09 of men and 5.76 of
women.
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Law 7600A Brief Summary

• Section 1 Covers broad definitions, defines
  disability as Any physical, mental, or sensory
  impairment which substantially limits one or more
  of an individual's major activities (Dredf.org)
• Section 2 Outlines fundamental principles for
  accommodation includes broad statement defining
  states responsibility for providing services and
  programs for people with disabilities.

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Summary Cont.

• Section 3 Focuses on different components of
  society, such as access to education (Art. 1),
  employment (Art. 2), health services (Art. 3),
  and transportation (Art. 5)
• Also emphasized is importance of job training and
  government assistance for employers

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Summary Cont.

• Section 4 Details sanctions that come with
  violations (fines for discriminatory practices
  and/or derogatory remarks) and enforcement
  practices
• Clarifies housekeeping issues such as the process
  for legal complaints outlines budget
  allocations, etc.

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Examples of main roadways. Notice that while
some streets have sidewalks, others dont have
much room for any pedestrians at all.
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Law 7600 and Human Rights

• The existence of Law 7600, Equality of
  Opportunities for Persons with Disabilities, was
  created in 1996 and demonstrates some of the
  problems faced by Costa Rican society in terms of
  availability of social, educational and
  vocational services to those with disabilities.
• The ideology behind this law is human rights
  based and is centered around the concepts of
  equality and autonomy.

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Human Rights documents as they pertain to persons
with disabilities

• The human rights instruments that most directly
  influenced the creation of Law 7600 were the
  ICCPR and the ICESCR.
• The language of autonomy contained in Law 7600
  can be attributed to the first Article of each of
  these covenants, which guarantees the right of
  all peoples to self determination.

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Relevant Articles from the ICCPR

• Article 2 requires states to ensure to all
  individualsthe rights recognized in the present
  Covenant, without distinction of any kind this
  is reflected in Law 7600 in many places, most
  notably in Title III and Title IV, which mandate
  accommodations and remedies.
• Article 16 provides legal protection against the
  construction of those with disabilities from
  being considered less than full persons. This is
  sufficiently implemented, at least in terms of
  the law, in Law 7600 an example is Article 6 of
  the second Chapter of Title I, which states that
  When, for whatever reason or purpose, the
  subject of disability is dealt with or utilized,
  it should be presented as reemphasizing dignity
  and equality among human beings. By no means
  should information with stereotypical or
  derogatory messages about disability be issued.

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Relevant Articles from the ICESCR

• Article 6, which ensures the right to work. Law
  7600 represents the attempt of the state of Costa
  Rica to include technical and vocational
  guidance and training programs, policies and
  techniques to achieve steady economic, social and
  cultural development and full and productive
  employment.
• Article 9 protects social security for those who
  are truly unable to work Law 7600 ensures that
  the CCSS, or Caja Costarricense de Seguridad
  Social, is as accessible to people with
  disabilities as to any other person. However, it
  is unclear whether these provisions can lead to
  institutionalization in the case of one who is
  unable to work and does not stay with family.
• Further outlined in this document is the
  protection of education, including higher
  education. Law 7600 deals with this extensively
  in Title II.

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Sidewalk at a popular Tico park.
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UN Convention on the Rights of Persons with
Disabilities

• Opened for signature on March 30, 2007
• Costa Rica signed both the document and the
  optional protocol on this date.
• Member states include China, Brazil, Cuba,
  Sudan, Korea and 120 othersbut not the United
  States.

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The Conventions definition of Disability

• Disability Disability is an evolving concept
  and that disability results from the interaction
  between persons with impairments and attitudinal
  and environmental barriers that hinders their
  full and effective participation in society on an
  equal basis with others (Preamble section e).
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•  Persons with disabilities - Article 1 states
  that (p)ersons with disabilities include those
  who have long-term physical, mental, intellectual
  or sensory impairments which in interaction with
  various barriers may hinder their full and
  effective participation in society on an equal
  basis with others. 

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Convention compared to Ley 7600
Both statutes recognize

• The importance the family plays in eliminating
  discrimination against persons with disabilities
  in all matters relating to marriage, family,
  parenthood and relationships (Article 23), (CR -
  Article 3).
• Explicit inclusion of women and children in the
  Convention, recognizing the double discrimination
  they face (Articles 6,7).
• Inclusion in cultural activities, including
  sports, recreation and leisure (Article 30) (CR
  Article 3).
• The right to work is very protected, with lengthy
  instructions in each document, including people
  with disabilities be able to work on an equal
  basis with others this includes the right to the
  opportunity to gain a living by work freely
  chosen or accepted in a labor market and work
  environment that is open, inclusive and
  accessible to persons with disabilities (Article
  27) (CR Articles 23-30).
• Also included but not limited to
• Right to Health (Article 25) (CR- Articles 31-40)
  
• Right to Privacy (Article 22) (CR Article 40)
• Right to Education (Article 24) (CR Articles
  14-22)

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Further comparison

• In Article 23 of Ley 7600, the State recognizes
  the right to work includes that persons with
  disabilities of rural and urban areas the right
  to an adequate job, considering their personal
  conditions and needs. This is very important
  considering the landscape of Costa Rica.
• Ley 7600, Article 41 sets specific standards for
  access issues to physical space, whereas the
  Convention merely asserts the right to mobility.
• Example New constructions or remodeling of
  existing buildings, parks, sidewalks, gardens,
  plazas, lanes, restrooms, and other public
  spaces, must be performed in compliance with the
  mandatory technical specifications issued by the
  corresponding public or private entities Article
  41).
• Ley 7600 outlines numerical amounts for fines
  related to discrimination against people with
  disabilities.
• Example 5000 colones (10 US dollars) for parking
  in a designated disabled parking spot

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An example of a Costa Rican wheelchair.
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Comparison to Section 504 of HEW

• Main goal of 504 to prohibit organizations that
  receive federal funding from discriminating based
  on disability
• Law 7600 does not outline a similarly explicit
  obligation
• Art. 8 Program/service that receives government
  funding must comply with the dispositions of
  this law

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504 Comparison Cont.

• Art. 18 Students with disabilities must comply
  to same educational standards and respond to the
  same norms and aspirations that guide the
  national education system (Dredf.org)
• Requires state to ensure everyone access to
  education regardless of disability - Ministry of
  Education must come up with necessary support,
  assistance, resources and training to make this
  happen

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504 Comparison Cont.

• Art. 5 focuses on transportation mandates
  public transit must be accessible to everyone
• By means of an internal policy avoiding
  discrimination because of disability, educators,
  employers, and institutional authorities must
  sustain conditions of personal respect at work
  and in study environments (Dredf.org)

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Another example of road construction in Costa
Rica, exacerbated by the torrential rains.
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Comparison with the ADASimilarities
Costa Ricas Law 7600 Americans With Disabilities Act
Title II, Chapter II Discusses the right to work (Including right to job training, right to unemployment benefits, services, similar to what is found in the ADA) Title I Focuses on issues associated with Employment (procedure, hiring, advancement, discharge, etc.)
Title II, Chapter V Discusses the Right to Public Transportation (Applies similar standards as found in the ADA) Title II Focuses on Public Services and Transportation (Described in the Uniform Federal Accessibility Standards or the ADA Standards for Accessible Design)
Title II, Chapter IV Access to Physical Space (Covers most of the same requirements as the ADA, talks about new construction requirements also) Title III Focuses on Public Accommodations (and Commercial Facilities) (Curb cuts, elevators, parking spaces, Brail signage, etc.)

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Comparison with the ADADifferences

• CHAPTER VII ACCESS TO CULTURE, SPORTS AND
  RECREATION
• CHAPTER VI ACCESS TO INFORMATION AND
  COMMUNICATION
• CHAPTER III ACCESS TO HEALTH SERVICES
• CHAPTER II FUNDAMENTAL PRINCIPLES

Costa Ricas Law 7600 covers many more aspects of
the social sphere. There is a deep commitment to
enable persons with disabilities to achieve
their maximum development, full participation in
society by ensuring equal opportunities for
the Costa Rican population in areas that include
health, education, work, family life, recreation,
sports, culture and other dimensions.
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Comparisons with the ADADifferences

• Legal Representation
• Exercise their right to self-determination and to
  participate in the decision making process.
• To have a permanent representation, 25 at the
  government institution in charge of disability
  issues of the country.
• Legally constituted organizations of persons with
  disabilities must be consulted by the
  institutions in charge of planning, implementing,
  and evaluating services and actions in the field
  of disability.

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This pool is not accessible. The only way to get
in and out is to use the ladder.
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In conclusion

• While we have made gains in human rights for
  people with disabilities, there are still many
  more obstacles to be overcome.
• Article 11 of Law 7600 obligates family members
  of those with disabilities to foster a sense of
  dignity and help the disabled family member
  exercise their rights fully whereas in the US
  disability rights are still very limited to the
  public sphere.
• Costa Ricas law mandates that people with
  disabilities in both urban and rural areas have
  the right to an adequate job.

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In conclusion

• Costa Rica has an impressive collection of
  national and international legal documents
  intended to provide benefits for those with
  disabilities.
• Costa Ricas law gives the sense, through its
  language, of creating an even more accessible
  environment than we have here in the United
  States. The problem, however, is implementation.
  Compared to the United States, Costa Ricas state
  infrastructure is relatively weak, and so the
  ability of the state to provide or demand
  accommodation is limited. Hopefully this will
  change over time.

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Works Cited

• Fleischer Doris and Freida Zames (2001).
  Groundbreaking Disability Rights Legislation
  Section 504. In The Disability Rights Movement.
  Philadelphia Temple University Press.
• Office of the High Commissioner for Human Rights.
  International Covenant on Civil and Political
  Rights. United Nations 1966. 24 February 2008
  http//www.unhchr.ch/html/menu3/b/a_ccpr.htm
• Office of the High Commissioner for Human Rights.
  International Covenant on Economic, Social and
  Cultural Rights. United Nations 1966. 24
  February 2008 http//www.unhchr.ch/html/menu3/b/a
  _cescr.htm
• Rivera, Oscar G (Translator). The Equal
  Opportunities Law for Persons with Disabilities
  (Law 7600). Retrieved February 12, 2007, from
  DREDF Website http//www.dredf.org/international/
  costaeng.html
• United Nations. United Nations Enable Promoting
  the rights of persons with disabilities. 2007.
  Retrieved February 12, 2007, from United Nations
  Website http//www.un.org/disabilities/
• www.disabilityworld.org/07-08_01/employment/labor1
  .shtml
• Other websites of interest
• http//growingupwithadisability.blogspot.com/searc
  h/label/Costa20Rica
• https//www.cia.gov/library/publications/the-world
  -factbook/print/cs.html