Law No. 5-13 on Disability in the Dominican Republic

Act No. 5-13 on Disability in the Republic Dominican. Repeals the Act No. 42- 00, of when and where June 29, 2000. GO No. 10706 of January 16, 2013.

EL CONGRESO NATIONAL
En Full Name of Republic

Act No. 5-13

CONSIDERING FIRST: That when we talk about the person with disabilities, first of all order, to the human being and his derechos and inherent prerogatives based on their dignity and development of personality.

CONSIDERING SECOND: That the concept of "disability" evolves and results from the interaction between a person with a physical, mental and/or sensory deficiency and the environmental and attitudinal barriers imposed by their physical and social environment that prevent their participación full and effective in the society, a footing of conditions with others.

CONSIDERING THIRD: That Constitution Dominican Republic has established variations to the laws of the nation, assigning the character of “organic” to all those that develop derechos fundamental, among other aspects of regulation.

CONSIDERING FOURTH: That any ordering that tends to the footing It must tend to the eradication of all kinds of discrimination, and therefore be capable of not displaying special privileges or preferences within itself, but rather instruments capable of enhancing the possibilities of exercise of their prerogatives as equals.

CONSIDERING FIFTH: That legislation positive national It is assumed in all normative matters, directed and thought towards achieving equal enjoyment of goods and services for part of all the población, as well as respect for the derechos of people, without taking into consideration other thing that his condition of being human.

CONSIDERING SIXTH: That the State Dominican and its institutions have made substantial progress in benefit of people with disabilities, but it is still insufficient, due to the absence of a standard compatible with the framework legal international linked to the derechos of people with disabilities. Therefore, a law adjective adjusted to the new approaches of right.

CONSIDERING SEVENTH: That Constitution of Republic Dominican, in its Article 26 Chapter VI of International Relations and the Law School International, Section I of the Community International, states that the Republic Dominican is a State member of the community international , open to the cooperation and adhering to the rules of the right international , consequently, recognizes and applies the rules of the right international , general and American, to the extent that their public powers have adopted them.

CONSIDERING EIGHTH: That Constitution of Republic Dominican, in its Article 39 Chapter And about the Rights Fundamentals, Section I on the Rights Civil and Political Rights, states that all people are born free and equal before the law. law, receive the same protection and treatment from institutions, authorities and other people and enjoy the same derechos, freedoms and opportunities, without any discrimination for reasons of gender, color, edad, disability, nationality, family ties, language, religion, opinion political or philosophical, condition social or personal.

CONSIDERING NINETH: That Constitution of Republic Dominican, in its Article 58, expressly establishes the legal obligation of the State to promote, protect and ensure the enjoyment of the derechos humans, fundamental freedoms and exercise full use of the capabilities of people with disabilities.

CONSIDERING TENTH: That Republic Dominican Republic ratified through Litigation, Arbitration number 458-08, the Convention of on Rights of People with Disabilities and their Dance Optional, promulgated in when and where October 30nd year and we will announce 2008, Gazette Official 10495.

CONSIDERING ELEVENTH: What in when and where June 6th year and we will announce 2006, in the quarter plenary session of the Organisation of American States (OAS), held in the Republic Dominican, was adopted Declaration of the Decade of the Americas for the Rights of Persons with Disabilities (2006-2016), approved in Panama AG/RES.2339 (XXXVII 0/07).

CONSIDERING TWELFTH: That Republic Dominican Republic ratified, through Litigation, Arbitration number 50-01, the Convention of Inter-American for the Elimination of all forms of Discrimination against People with Disabilities of the Organisation of American States (OAS), promulgated in when and where March 15 year and we will announce 2001, Gazette Official No. 10077.

VISTA: The Constitution of Republic Dominican.

VISTA: The Declaration American of the Rights and Duties of the Man, approved by the IX Conference International American, from the Organisation of the American States, of the year and we will announce 1948.

VISTA: The Declaration Universal of the Rights Humans of the Organisation of the United Nations, from the year and we will announce 1948.

VISTA: The Convention of Inter-American for the Elimination of all forms of Discrimination against Persons with Disabilities, approved in 29 Period of Sessions of the General Assembly of the Organisation of American States (OAS), in when and where June 7 1999.

VISTA: The Declaration of the Decade of the Americas, by the Rights and Dignity of People with Disabilities (2006-2016).

VISTA: The Convention of on Rights of People with Disabilities and their Dance Optional, approved at the 61st Session of the General Assembly of the Organisation of the United Nations (UN) in when and where 13th December 2006.

VISTA: The Act 87-01, which creates the System Dominican of Social security, of May 9, 2001.

VISTA: The Act 42-2000, on Disability in the Republic Dominican Republic, June 29, 2000.

CHAPTER I INITIAL PROVISIONS

SECTION I

TIME OBJECT AND PRINCIPLES

Article 1. Object. This law protects and guarantees the footing de derechos and the equalization of opportunities for all people with disabilities and regulates non-profit legal entities profitWhose object social is to work to improve the quality of Life of people with disabilities.

Paragraph. The provisions of this law sound order public, interest social and general observance.

Article 2. Principles. The principles that underpin this law are:

1) Respect for the dignity inherent to the condition human
2) Not discrimination.
3) Equality de derechos.
4) Equity.
5) Solidarity.
6) Justice social.
7) Integration and inclusion.
8) Participation.
9) Accessibility.

SECTION II

OF TERMS AND DEFINITIONS

Article 3. Use of terms. The terms used in this law are understood in their expressed sense or, in /// de duda, in the sense of acceptance international in accordance with the predictions included in international treaties, conventions and agreements on the subject in force for the country.

Article 4. Definitions. For the effects provided for in this law, the following definitions are adopted:

1. Universal Accessibility: It is the condition what should comply physical environments, infrastructures, buildings, processes, goods, products, services, objects or instruments, tools and devices to be understandable and usable by all people in conditions of footing, safety and comfort and of the crafts more autonomous and natural possible, improving its quality of Life y participación active within the society.

2. Support Devices: These are devices or equipment used by people with disabilities in a way that temporary or permanent and that serve them for to guarantee Most grade of independence in the development of its activities of the Life daily and generally provides them with a Most quality of Life.

3. Barriers: These are all the factors in the environment of an person which, when present or absent, limit functioning and cause disability.

4. Communication: It is the language oral administration and sign language, text visualization, the deed in Braille, tactile communication, macrotypes, written communication, accessible audio and multimedia, simple language, media voice digitalized and other augmentative and alternative communication systems and formats, including information technology insights accessible communication.

5. Deficiency: It is all pérdida or abnormality of a psychological, physiological, or anatomical structure or function.

6. Disability: Term generic that includes deficits, limitations in activity and restrictions in participación. It indicates the negative aspects of the interaction between an individual (with a deficiency) and their contextual factors (environmental and personal factors).

7. Discrimination due to disability: It is any distinction, exclusion or restriction for reasons of disability that has the purpose or the effect to hinder or leave without effect el recognition, enjoyment or exercise, a footing of conditions, of all the derechos human rights and fundamental freedoms in the political, economic, social, cultural, civil or from another type.

8. Universal Design: It is the design of products, environments, programs and services that can be used by all people, in the Most as far as possible, without necesidad adaptive or specialized design. Universal design shall not exclude assistive devices for particular groups of people with disabilities, where needed.

9. Equal opportunities: It is the proceedings through which the services and physical environments of the society are made accessible to all/as, especially people with disabilities.

10. Measures of AGENDA Positive. These are intended to equate, prevent o make up for the disadvantages that people with disabilities and their families have in the incorporation and participación full in all aspects of the Life everyday life, taking into account the different types and degrees of disability.

11. Human with Disabilities. All person who has long-term physical, mental, intellectual or sensory deficiencies Plazo that, when interacting with various barriers, can prevent their participación full and effective in the society, a footing of conditions with the others.

12. Rehabilitation: It is the proceedings global and continuous, of duration limited and with defined objectives, aimed at allowing a person with deficiency reach a level optimal physical, mental and social development, thus providing him with the means to enable him carry en crafts independent and spirit his own Life.

CHAPTER II GENERAL POLICIES
Article 5. General Policies. The general policies of the different entities and bodies of the State They must consider the comprehensive development of people with disabilities as a cross-cutting axis, these being reflected in their lines of action in any area of ​​public action, taking into account account the needs, the derechos and the demands of this población in all the territorio national.

SECTION I OF HEALTH
Article 6. Health Policies. The State is legal obligation to ensure the protection of the health of people with disabilities and that the political general health services ensure that people with disabilities have effective, equal and quality access to diagnosis, care, qualification, rehabilitation and the necessary support devices, which provide them with the appropriate state of well-being in physical and mental terms for effective integration into the society.

Article 7. Necessary mechanisms. The Ministry of Public Health (MSP), in order to offer adequate care and establish statistical records, has the legal obligation to create the necessary mechanisms so that health centers, both public and private, can carry a thorough check for the record of idea or prevalence of disability, due to one or more of the following situations:

1) Of births with high risk biological.

2) Of the/as born/as with disabilities (both the/as born/as with deficiencies like those/as Cuya condition organic allows to predict disability).

3) Accidents, whether due to surgical procedures, accidental accidents or multiple etiologies.

Article 8. Creation of the System National de Valuation . The State, through CONADIS, is obliged to create and coordinate the System National de Valuation , Certification y Register continuum of disability. It must also coordinate, together with the various bodies of the State, internal and inter-institutional policies and define the principles and statutes under which it will be governed work.

Paragraph. All systems of assessment, in accordance with international standards in benefit of this law, Act de Social security and any other purpose legal or social that merits that insights and classification. The accreditation of the degree of disability is carried out in the terms established by CONADIS regulations and has validity in all the territorio national.

Article 9. Health centers. Public and private health centers that offer care to pregnant women are required to: give fulfillment to the regulations relating to the protection of children and adolescents, in terms of the provisions that establish the record of births that occur in them, with obvious or eventual disabilities. All nacimiento verified in this sense must be referred to the units authorized for the qualification of the same, and must relate the type and the degree of these with the benefits provided by the law valid.

Article 10. Rehabilitation. The State, through CONADIS, is in the legal obligation to verify that the rehabilitation services offered to people with disabilities provide them with a state optimal physical and mental well-being and full inclusion and participación social, taking into account the criteria of comprehensive rehabilitation.

SECTION II

OF EDUCATION

Article 11. Inclusive education policies. The State is obliged a to guarantee that people with disabilities have access to education at different levels and modalities work educational, throughout the Life, without discrimination and in footing of conditions.

Paragraph. For the educational inclusion of people with intellectual disabilities, it must be taken into account account la edad mental and functional abilities of these, and the adequacy of the requirements necessary to enter educational centers.

Article 12. Centers of training. The State has to provide to the educational centers of the technology suitable for training and training of people with disabilities.

Paragraph. CONADIS must ensure that the Ministry of Education and the Ministry Higher Education Science and Technology, provide the technology necessary for education and insights of students/as with disabilities, in educational centers, at different levels and modalities, both in the area both urban and rural.

Article 13. Training. The State, through CONADIS, must to guarantee the training, specialization and continuous updating of the/as professionals, in the different disciplines, level technical and Experience, which ensure the social integration of people with disabilities in footing with the others.

SECTION III

TIME WORK AND EMPLOYMENT

Article 14. Integration policies labor. The political de work and employment has as its primary purpose the inclusion of people with disabilities in the work ordinary of work or in default, its incorporation into a work of sheltered employment or by account own that ensure their independence economic, following the spirit of national and international standards relating to work and employment that promotes inclusion labor of people with disabilities.

Paragraph. For give fulfillment as established in this article, CONADIS must ensure that public and private institutions guarantee the participación and inclusion labor of people with disabilities on their payrolls work. This participación will never be less to five percent (5%) in the sector public and two percent (2%) in the sector private, in open, inclusive, accessible work environments and in conditions of footing with the others.

SECTION IV

ON UNIVERSAL ACCESSIBILITY

Article 15. Universal accessibility policies. Universal accessibility policies aim to ensure that people with disabilities have effective access to the physical environment, transportation, communication, insights and knowledge, including new information technologies insights and communications and other services and facilities open to the public, both in the areas urban marginal as rural.

Paragraph. The State, through CONADIS, must ensure, together with the corresponding authorities, the effective application of the existing legal provisions regarding universal accessibility.

SECTION V

ON PROMOTION, PROTECTION AND SOCIAL DEVELOPMENT

Article 16. Politics of promotion and social development. The State, through CONADIS, has the legal obligation de comply la legislation valid in terms of social Security applicable to people with disabilities, inclusion and participación effective participation of these people in all social policy programs, plans and projects of the gobierno aimed at reducing the poverty and improve their quality of Life.

Paragraph. The State, through the Ministry of Woman, and in coordination with CONADIS, must take all pertinent measures to ensure the full development, advancement and empowerment of the Woman with disabilities, for the purpose of to guarantee el exercise full of the derechos humans and fundamental freedoms.

Article 17. Development of research. CONADIS must to guarantee the development of social and scientific research related to disability, as well as medical and technological advances that facilitate information that allows for planning of development policies for the sector and improve the conditions of Life of people with disabilities.

Paragraph. The State will seek the resources and the necessary means to carry out research and develop programs and projects that contribute to achieving the above objective.

Article 18.- Participation in activities. The State should to guarantee that people with disabilities participate in cultural, sports, recreational and religious activities, in conditions of footing. Likewise, they should be offered the necessary technical and educational means to develop their creative, artistic and intellectual capacities, in their various manifestations.

Article 19. Provision de dwelling. The State is legal obligation to ensure the provision housing for people with disabilities in state projects. These homes must be suitable for their needs. condition of disability.

Paragraph I. The allocation of housing in state projects to persons with disabilities will not be less to eight percent (8%).

Paragraph II. The State should grant tax breaks for the sector private, in order to assign a cuota No. less of two percent (2%) of housing to people with disabilities.

Paragraph III. The State must exempt the initial payment for housing assigned to people with disabilities in state projects, adjusting this amount to the amount pay in monthly installments according to your level of income during the tiempo financing.

Article 20. Exemption of taxes. The State, prior certification of the competent bodies, must release from the paid all type of taxes on equipment, materials and support devices, intended for use o the service of people with disabilities, as well as those intended for productive projects undertaken exclusively for the socioeconomic promotion of theas same/as.

Paragraph I. These exemptions include means of transport, whether or not adapted to the needs of these persons to facilitate their full integration into the society, after prior verification by the corresponding tax authorities and the authorization of the body rector.

Paragraph II. Vehicle exemptions are granted every five years, without effect cumulative and the exonerated vehicle will also be released from the paid of taxes such as license plates and magazines.

Paragraph III. These exemptions also include the liberalization of the paid of taxes on transfers of goods properties purchased by people with disabilities.

Article 21. Beneficiaries of exemption. The exemptions dealt with in preceding articles may be granted and thus requested, by and in benefit of :

1) People with disabilities.
2) Organizations of people with disabilities and the service these people.
3) Companies that have as their owner/aa one or more persons with disabilities, when at least fifty percent (50%) of the capital shareholder of the company belongs to people with disabilities.

Article 22. Procedure. The processing of the exemptions established in the preceding articles must be made at the request of the interested party, who will direct it to CONADIS, where the Committee Executive or a commission technique that he delegates will be evaluated before sending them, /// to proceed, to the tax authorities with the capacity to free letter de exemption.

Paragraph I. In no case /// it will be due process exemptions directly or particular, whether by import personal or institutional, without being known or approved by the Committee Executive of CONADIS, or by the commission that he designates.

Paragraph II. Requirements for submitting applications for exoneration are established in the internal regulations approved by the Directory National of the Organism Rector.

Paragraph III. When the carefully exempted for promotion a member-economic of people with disabilities was transferred in sale, lease or usufruct to third parties before five years of import’s most emblematic landmarks, the State may require the hands of the purchasers, tenants or usufructuaries, paid of the taxes left over from pay.

SECTION VI CAPACITY LEGAL

Article 23. Capacity legal protection of people with disabilities. The State is legal obligation to ensure that people with disabilities enjoy and benefit from capacity legal in footing of conditions with other people in all aspects of the Life; to guarantee that the measures relating to the exercise of this capacity provide appropriate, effective safeguards to prevent abuse, as set out in the Declaration Universal of the Rights Humans, the Convention of Inter-American for the Elimination of all forms of Discrimination against People with Disabilities, the Declaration of the Decade of the Americas: by the Rights and Dignity of People with Disabilities 2006-2016, the Convention of on Rights of People with Disabilities, the Constitution of Republic and any other related regulations of a nature national o international adopted by him country.

CHAPTER III

TIME ADVISORY NATIONAL ABOUT DISABILITY

Article 24. Creation. The Council National of Disabilities (CONADIS), as a institution autonomous and decentralized with personality legal, autonomy administrative, financial and technical, which is the institution rector responsible for establishing and coordinating policies on disability.

Paragraph. CONADIS is attached to the Presidency of the Republic, under the mass surveillance of the Minister/a of the Presidency.

Article 25. objective principal. CONADIS aims to principal to guarantee el fulfillment of the powers and duties set forth herein law; the national and international commitments and agreements assumed by the State, in terms of disability.

Article 26. Functions. CONADIS has the following functions:

1) Formulate, evaluate, approve and ensure compliance with the policies in the different areas of intervention of this law.
2) To guarantee the application and updating of this law.
3) Defend, promote and ensure the exercise, full enjoyment, and observance of respect for the derechos of persons with disabilities, their fundamental freedoms and their dignity inherent.
4) Seek the elimination all crafts de discrimination towards people with disabilities.
5) Develop strategic plans, national programs and projects in each area of ​​intervention in coordination with the corresponding sectors.
6) Execute and supervise programs, plans and projects aimed at achieving the comprehensive development of people with disabilities and their full inclusion in the society en footing of conditions.
7) To guarantee that the necessary coordination mechanisms be established to facilitate the adoption of measures to promote and monitor the implementation of the Convention of on Rights of People with Disabilities.

SECTION I

FROM THE STRUCTURE OF CONADIS.

Article 27. CONADIS structure. CONADIS operates, through: level national under the following structure:

1) Directory National.
2) Committee Executive National.
3) Presidency.
4) Address Executive, with its departments in accordance with the areas of intervention and necessary technical units.

Article 28. Regional and provincial offices. For the decentralization y extension of the works, CONADIS has the power to open regional and provincial offices, subject to approval by the Directory National, the number of offices may be increased if approved by the Directory and when the necesidad or extension of the territorio o población that understands it deserves it.

SECTION II

TIME DIRECTORY NATIONAL

Article 29. Directory National. CONADIS has a Directory National permanent, whose members may be renewed every four (4) years.

Paragraph I. Members of the Directory National They meet twice a day year and we will announce in an ordinary general meeting, in the second half of January, to hear their reports and execution financial and the compendium of the performances of the other institutions linked to the sector; and in June of each year and we will announce, to approve the strategic lines, plans and implementation projects national.

Paragraph II. It will meet on an extraordinary basis, as often as necessary, after call of/from president/aa your own instance and instance of a third part of the/as members/as, to ratify the renewal of the members of the Directory National, elect the Committee Executive National, select the Director Executive/and learn about other matters interest, which must be included in the call.

Article 30. Call. Ordinary general meetings are convened with fifteen
(15) days in advance, explicitly specifying: when and where, hour, place and agenda to be discussed.

Paragraph I. The call it does by messaging or by electronic means and must be published in a circulation medium national or any other by that guarantees knowledge of the same by the members of the Directory, having to make a reminder for any by , at least forty-eight (48) hours prior to the holding of the assembly.

Paragraph II. All meetings will be held in the CONADIS meeting room, or in the place established by those who have the authority to do so. authority to convene as established in this law.

Article 31. Quorum. The quorum for holding sessions and settle in the assemblies is that of mayoria simple , giving evidence of the presence of vote at the record that rises to effect and being validated in the next assembly by reading at the point prior to the meeting of which it is held treats.

Article 32. Proceedings. The proceedings of the assembly are signed by the secretary of the Committee Executive National, who acts as secretary/aid for the president/a of the Directory National.

Article 33. Integration of the Directory. The Directory National It is integrated by:

1. He/she president/a of CONADIS, who presides over it.
2. He/she Minister/a of the Presidency or its representative.
3. He/she Minister/a of Public Health (MSP) or its representative.
4. He/she Minister /a of Education (MINERD) or its representative.
5. He/she Minister/a of Higher Education, Science and Technology (MEESCYT) or its representative.
6. He/she Minister/ a of Planning, Economy and Development (MEEPYD) or its representative.
7. The Director of the Institute National Technical Training-Professional (INFOTEP) or its representative.
8. He/she Minister/ a of Work (MT) or its representative.
9. The Director of the Council National of Social security (CNSS) or its representative.
10. He/she Minister/a of Public Works and Communications (MOPC) or its representative.
11. He/she Minister/a of Sports, Physical Education and Recreation (MIDEFIR) or its representative.
12. The Director General of Land Traffic (DGTT) or his/her representative, with voice but without vote.
13. Two (2) representatives of institutions for people with visual disabilities.
14. Two (2) representatives of institutions for people with hearing disabilities.
15. Two (2) representatives of institutions for people with physical-motor disabilities.
16. Two (2) representatives of associations of Parents-mothers or guardians of people with mental or intellectual disabilities.
17. Two (2) representatives of institutions providing services to people with visual disabilities.
18. Two (2) representatives of institutions providing services to people with hearing disabilities.
19. Two (2) representatives of institutions providing services to people with physical-motor disabilities.
20. Two (2) representatives of institutions providing services to people with mental or intellectual disabilities.

21. A/a (1) representative of institutions for people with multiple disabilities.
22. A/a (1) representative of a entity gender-oriented.
23. A/a (1) representative of a institution which groups together various disabilities.
24. A/a (1) representative of networks or federations of institutions for people with disabilities, with voice but without vote.
25. The Director Executive/a, with voice but without vote.
26. One (1) representative in Council developmental Regional of the country, with voice but without vote, according to division territorial assumed by the Ministry of Economics, Planning and Development, for the operation of said councils.

Article 34. Selection of the/as representatives. The/as representatives of institutions for people with disabilities and the service to the sector, will be selected/as among themselves, by area of ​​disability, according to representation.

Paragraph. For accreditation, they must present the record of assembly that expressly elects the person representative, duly registered and notarized, which will embody the person moral member.

Article 35. Non-State Institutions. Non-state institutions that form part of the part of the Directory National They will remain in the same for four (4) years, and may be replaced in exceptional cases before their term is fulfilled. period by cause de disappearance, resigns of its membership in the Directory, cancellation of certification or by lack al fulfillment the objectives for which they were created.

Paragraph. The replacement will be carried out in an assembly of the sector that establishes the particular, whose record will be validated by a Notary Public deposited in CONADIS and endorsed by the Legal Consultancy.

Article 36. Requirements for Non-State Institutions. To be eligible al Directory National of CONADIS, non-state institutions must have the legal status legal, according to the laws in force of the country, and have at least five (5) years of labor uninterrupted.

Paragraph. Institutional representations will be permanent during their management.

Article 37. Duties of the/as representatives. Representatives of institutions for persons with disabilities and those of the service to the sector, they commit to report and do comply the decisions of the Directory National in their respective populations and institutions, for which they must develop programs always in accordance with the guidelines set by the Directory and enforce decisions within its membership.

Article 38. Swearing-in. For the swearing-in of the/as representatives of the institutions that will make up the Directory National, in a new four-year period, an extraordinary assembly must be held in the first week of the month October of year and we will announce of initiation of the management, in which a presentation will be made and delivered report audited by the management that ends.

Article 39. Functions of the Directory National. They are functions of the Directory National:

1) Develop, promote and guide disability policies and implementation strategies level municipal, national e international .
2) Know the reports of execution and annual financial reports of CONADIS.
3) Approve the plans action and budgets.
4) Evaluate the implementation of policies, programs, plans and projects implemented in favor of the sector.
5) Evaluate whether the application of the regulation is consistent with the fulfillment of law.
6) Form the Committee Executive from among its members.
7) Hire the Director Executive, from a shortlist preselected by the Committee Executive.
8) Suggest a shortlist to President of Republic for election of the or the President/a of CONADIS, as seen here It is established by this law.
9) Coordinate the policies of the regional directors, assign them work and monitor their fulfillment uniform.

Article 40. From the commissions of work. The Directory National It is divided into permanent commissions of work according to the areas of intervention of this law, having each commission a coordinator and the necessary members.

Paragraph. Commissions may also be created work for special cases. Whenever deemed necessary, more than one commission may work together. The reports resulting from the work carried out will be presented to the president/a of the Directory, who will include them as a point on the assembly agenda.

SECTION III

FROM THE COMMITTEE EXECUTIVE NATIONAL

Article 41. Committee Executive National. The Committee Executive National has a duration permanent and its members are replaced every two (2) years.

Paragraph I. It meets every two (2) months on an ordinary basis, and on an extraordinary basis, when necessary, prior call of the president/aoa instance of a third part of its members/as.

Paragraph II. Said call will be done with a Plazo No. less seven (7) days, and may, at each ordinary session of the Committee, call the next meeting with when and where y hour; in such ///’s most emblematic landmarks, the record It will give evidence of the call.

Article 42. Composition. The Committee Executive National is made up of:

1) He/she President of CONADIS, which will preside over it.
2) Two (2) representatives of state institutions.
3) Two (2) representatives of institutions providing services to people with disabilities, chosen from among them.
4) Three (3) representatives of institutions for people with disabilities, chosen among them.
5) One (1) representative of associations of Parents, mothers and guardians of people with intellectual disabilities, chosen from among them.
6) The Director Executive/a, with voice, but without vote.

Paragraph. The management structure of this committee shall be as follows:

1) A/a president/a
2) A vice president
3) A secretary

Article 43. Powers. The powers of the members of the Committee Executive National are:

1) El president has the functions established in the title “From the presidency of CONADIS.”
2) The vice president has the function of replacing the president, a /// de absence of this one.
3) The secretary has the following functions:

a) Attend the president of CONADIS in the assemblies of Directory National and at the Committee meetings Executive.

b) Prepare meeting agendas, together with the president.
c) To guarantee the timely circulation of agendas and the inclusion of the documentation necessary
d) Ensure the faithful and objective writing of the proceedings and make them known to the duly excused members.
e) Sign next to the president the proceedings, extracts from documents, reports and certifications.

Paragraph I. The secretary must forward copy certified by record of any meeting or session of the Committee Executive National to Address Executive, in a Plazo No. Most of three (3) business days, for give execution to what is stipulated and decided therein.

Paragraph II. In /// de absence, the secretary will be replaced by one of the members.

Paragraph III. If the lack of the secretary is final, the missing member is elected in the ordinary manner, before el Directory National.

Article 44 Of the election. The/as representatives of institutions in the Committee Executive National are elected/as by vote secret among the/as members/as of the Directory National.

Paragraph I. The result of elections and positions occupy within the Committee Executive must be stamped on a record that rises to effect.

Paragraph II. The authenticity of the record is guaranteed by the certification of the subscription of the same by the/as elected/as and voters/as.

Paragraph III. For administrative purposes, certified copies will be issued with the following: company of the president/woe to the secretary electo/ a.

Article 45. Powers. The powers of the Committee are: Executive National:

1) Make comply decisions emanating from the Directory National.
2) Make adjustments to the planning operational.
3) Know, revise and validate the strategic and operational plans of the Council and also to knowledge and approval of the Directory National.
4) Know, revise and validate the reports of execution Annual Pass and financial, for knowledge and approval of the Directory National.
5) Know, revise and validate the internal regulations for the knowledge and approval by the Directory National.
6) Select and propose the Directory National the shortlist for the hiring of the director executive, according to the regulations of application of this law.
7) Approve the hiring of department directors.
8) Approve the results of the competitions for administrative and technical positions, presented by the Address Executive.
9) Create the necessary advisory bodies for the different departments, technical units and regional and provincial offices that it considers necessary for the effective performance of its mission, as established hereinafter. law.

10) Hire the consultants that are necessary for the formulation and execution of the plans and projects and research to achieve the objectives of the Council.
11) Designate the persons with authority to open CONADIS bank accounts and sign their payment orders.
12) Set expansion strategies and representation regional and provincial to be subjected to the Directory National.
13) Supervise, monitor and evaluate the application of the policies, plans and programs of the Council.

Article 46. ​​Calls. The president/a of the Council convenes ordinary or extraordinary meetings or sessions of the Committee Executive, always with a Plazo No. less of seven (7) days, and may at each ordinary meeting leave the next meeting convened with when and where y hour. In such a way ///’s most emblematic landmarks, the record It will give evidence of the call.

Paragraph. The calls must contain the order of the to date and the agendas are set by him/her president/ay the secretary. Likewise there is obliged she president/a with the secretary confirm the proceedings and correspondence emanating from the Committee in representation thereof.

Article 47. Agendas. The agendas of extraordinary meetings may be circulated by craft, by messaging, fax or any other electronic means, but it is not requirement required su presentation together with the act de call. The ordinary meetings, in terms of agenda, will follow the speech of the resolutions of the previous meeting, thus giving obligatory continuity to the order of the jobs.

Article 48. Quorum. The quorum for holding sessions and settle is the mayoria simple , giving evidence of presence and vote at the record that will rise from the board to effect and being validated in the next assembly by reading at the point prior to the meeting of which it is held treats. The proceedings must be signed by the secretary and the president/a of the Committee Executive.

Article 49. Extraordinary calls. Calls to extraordinary sessions may be carried out by the president/year, in /// of inertia of this one, for the third part of the/as members/as, no less than forty-eight (48) hours in advance of the when and where of celebration. In /// to be summoned by the/as members/as in the number before saying, the urgency with which it is required must be justified.

Article 50. Agenda of extraordinary calls. In /// If the extraordinary meeting or session is called by the/as members/as In the required number, the first point to be addressed is the relevance or not of the urgency, which may be submitted to the full Committee. Executive the inadmissibility of the meeting and the decision of the matters being destined for the next ordinary session, in which /// will be included as a point in the future agenda of the same.

Article 51. Commitment. The institutions that form part of the Council National are the main compromises that the law be fulfilled and that in its sectoral programs of work be established and put into effect Areas the general decisions and policies of CONADIS, ensuring the viability of the exercise of the derechos inherent to people with disabilities, special facilities and plans and tasks specifically assigned to a person portfolio specific.

SECTION IV

FROM THE PRESIDENCY OF CONADIS

Article 52. CONADIS Presidency. He or she president/a of CONADIS is appointed by the President of Republic, from a shortlist suggested by the Directory National, chosen from among people with knowledge and experience in the sector.

Paragraph. He or she president/a of CONADIS, is the representative of the president/a of the Republic Dominican Republic in matters of disability; will chair the Directory National and the Committee Executive of the Council and its offices will be installed at the headquarters of the Council.

Article 53. Powers of the President/a of CONADIS. The president/a of CONADIS has the following powers:

1) Assume la representation political of the Council.
2) Call ordinary or extraordinary assemblies and meetings or sessions of the Committee Executive National.
3) Present the program execution Annual Pass and the memories to Directory National, in ordinary general assembly every year and we will announce.
4) Prepare, together with the secretary, the agendas and sign them. proceedings and correspondence emanating from the Committee Executive and the general assembly of the Directory National.
5) Evaluate, together with the Committee Executive National, the performance of the steer axle truck executive.
6) Representing or do represent al Council National of Disability at national and international events.
7) Signing of agreements and contracts in representation of the Council.

SECTION V

OF THE ADDRESS COORDINATION

Article 54. Address Executive. The Address Executive is represented by the Director Executive/a, appointed by the President of Republic from the shortlist proposed by the Committee Executive National al Directory National.

Paragraph I. This election The list of three can even be the only point on the agenda of the Directory in extraordinary assembly, in /// to present the vacations of the position by any cause.

Paragraph II. In /// that him Directory National consider that none of the/as proposed/as meets the requirements to be a Director Executive/a, may request the Committee Executive National the formulation of the new list, which excludes those who refused, and its referral to the Directory for a new knowledge.

Article 55. Requirements to be a Director Executive/a. To be a Director Executive/a must be complied with and verified before being submitted to the plenary session of the Directory National, the following requirements:

1) Be Dominican, Most of 25 years.
2) University graduate, preferably in a frame of the social sciences.
3) Experience of at least two years in the exercise of his career.

Paragraph. The functions of the Director Executive/a is incompatible with the performance of any other cargo, except for teaching.

Article 56. Period of Functions. The Director Executive/a is in office for two (2) years. Once his/her term has been completed period, if deemed appropriate, may request inclusion in the shortlist proposed by the Committee Executive National for reconfirmation or reconsideration.

Paragraph. The number of re-elections cannot be Most of two (2) consecutive periods. After the period next to last re-election, may re-present himself/herself as a candidate.

Article 57. Powers. The powers of the Director are: Executive/to:

1) Coordinate and supervise the execution of the programs and projects of the institution.
2) Supervise the personnel under his/her supervision steer axle truck.
3) Give the follow-up, together with the/as in charge/as respective, to the plans and programs.
4) Look for the correct execution budget of the institution.
5) Prepare proposals for plans and budgets for approval by the corresponding bodies.
6) Introduce to body competent the proposal to competition public for the selection of administrative and technical personnel under its responsibility responsibility and submit to the Committee Executive applications that meet the requirements for hiring, in accordance with the Job Manual or its amendments.

7) Recommend to the Committee Executive la cancellation of personal.
8) Present to the Committee Executive National the needs for creation or modification of organizational units of the Council.
9) Prepare or modify the budgets of the positions administrative, units and creations.
10) Representing By delegation, from the President of CONADIS where appropriate.

CHAPTER IV

FROM THE AREAS AND REGIONAL OFFICES

Article 58. Areas of intervention. For to guarantee an effective application of this law, CONADIS account with the following areas of intervention:

1) Diagnosis and Valuation of Disability.
2) Prevention and health.
3) Social Promotion.
4) Work and Employment.
5) Educational, Sports and Cultural Inclusion.
6) Universal Accessibility.
7) Assistance Legal.

Article 59. Departments. The following departments are created for the operation and achievement of the objectives of each area of ​​intervention:

1) Department of Diagnosis and Valuation of Disability.
2) Prevention and health.
3) Social Promotion.
4) Work and Employment.
5) Educational, Sports and Cultural Inclusion.
6) Universal Accessibility.
7) Assistance Legal.

Paragraph. CONADIS, by regulation, may create other departments or divide existing ones, fulfillment with the principles of this law and derechos fundamental rights of people with disabilities.

SECTION I

TIME Personnel OF DIAGNOSIS AND ASSESSMENT

Article 60. Creation. The Department of Diagnosis and Valuation of Disability, in accordance with the policies and regulations established for the System of Evaluation, Valuation y Certification of Disability, in coordination with CONADIS, for equal access to the benefits of this law, Act de Social security and any other purpose legal or social that merits that insights y certification.

Article 61. Valuation of Disability. For the purposes of this law, or any other purpose legal referring to the subject matter, the assessment of disability will be governed by the latest version in Spanish of the Classification International of Disability and Health Functioning (CIF), adopted by the Organisation World Health Organization (WHO), or any similar classification accepted by this body international .

Paragraph. Once a deficiency is detected in a person, should be referred immediately to a unit of assessment where the degree of disability and the level of intervention.

Article 62. Coordination of Actions. CONADIS coordinates with the different public and private entities that work in the area of ​​health care and rehabilitation services, with the purpose of collecting and validating information that will serve as a basis for the proceedings de assessment, record y certification of people with disabilities.

Paragraph. This insights It will also serve as a basis for research proposals, planning and theoretical framework for the development of programs and projects, in fulfillment of the present law.

Article 63. Faculty. CONADIS is authorized to issue certifications of diagnosis, classification and assessment required by the/as interested/as, both for the purposes of the benefits of this law as any other purpose legal.

Paragraph I. CONADIS assumes the was reaffirmed to create and coordinate the System National of Evaluation, Valuation y Certification and the System de Register Disability Continuum.

Paragraph II. It also defines the principles and statutes under which the System National of Evaluation, Valuation y Certification of Disability.

Article 64. Reports. Public and private institutions that operate in the field of disability will submit a report to the body rector, reports on their plans, programs, projects and activities they carry out.

Paragraph. In /// that the aforementioned institutions do not submit the reports and programs, in the period established by this law, will be left with voice but without vote inside of the Directory, until they get to the to date.

SECTION II Personnel DE PREVENTION AND HEALTH

Article 65. Creation. The Department de Prevention and Health, whose purpose is to guarantee that political general health services and prevention, ensure that persons with disabilities have effective access to adequate care for their physical and mental health, including sexual and reproductive health, as well as early detection and intervention, where appropriate, and services aimed at prevent and reduce the onset of new disabilities.

Article 66. Coordination of Actions. CONADIS coordinates with public and private organizations so that within its scope of action, action include:

1) to prevention of disability
2) Health care.
3) Rehabilitation services.
4) Guidance and counseling services planning familiar.

Paragraph. CONADIS must ensure that public and private institutions that offer health services effectively execute, prevention primary, secondary and tertiary education, offering guidance and counseling services planning familiar, council genetics, prenatal and perinatal care, early detection and diagnosis, assistance pediatric and educational, as well as hygiene and safety in the work, to road traffic safety, to hygienic and sanitary control of foods and the contamination environmental. They will be considered way specific actions aimed at rural areas.

Article 67. From System National Health. Establishments that provide health services, whether public or private, must provide timely and high-quality care for people with disabilities.

Paragraph. CONADIS must require public and private health service institutions to fulfillment of the technical standards of the service with regard to quality and effective and equal access to diagnosis, care and rehabilitation, as well as the supply of medicines and support devices required by people with disabilities.

Article 68. Home care therapeutic medical unit. CONADIS must supervise the creation and operation in the hospitals of the Ministry Health, a therapeutic medical unit for home care for people with disabilities.

Paragraph. CONADIS must coordinate and promote the design and use a protocol care for people with disabilities.

Article 69. Rehabilitation services. For the purposes of this law, rehabilitation is a proceedings aimed at ensuring that persons with disabilities are able to achieve and maintain a state optimal functional from the point of view of sight physical, sensorial, intellectual, psychic and social, so that they have the necessary means to modify their own Life and be more independent.

Paragraph. Rehabilitation shall include, but not be limited to:

1) Attention and treatment.
2) Psychological and other counseling and guidance type.
3) Training in self-care activities, including aspects of mobility, communication and skills of the Life daily, with the special provisions that may be required.
4) Provision of support devices necessary for your Life Independent.
5) Specialized educational services.
6) Rehabilitation services Experience, orientation Experience and inclusion in open or sheltered employment.
7) Guidance and support for the family of person with disabilities.
8) Follow-up.

Article 70. Technical standards for services and quality in rehabilitation. Organizations that implement or wish to implement health care or rehabilitation programs must: comply with the technical standards of the service and quality in rehabilitation established by the Ministry of Public Health.

Article 71. Training and training of the resources human rights. CONADIS must promote and coordinate with the Ministry Public Health, the training of the resources human resources necessary for the comprehensive care of people with disabilities, as well as for the prevention de idea of preventable disabilities.

Paragraph I. CONADIS has the legal obligation de revise and give an opinion on the curriculum of the professionals and technicians involved in the the service health and in the therapies offered to people with disabilities, both in private and public centers, as well as the syllabus of health sciences courses and technology.

Paragraph II. This function is carried out in coordination with the Ministry of Public Health, the Ministry of Higher Education, Science and Technology, and the faculties or departments of health sciences at universities and higher education institutions.

Article 72. Health providers. Health service providers have the responsibility legal obligation to refer to CONADIS, in coordination with the Ministry Public Health, reports on the services offered by these to people with disabilities, also drawing on copy of the reports for the purposes of evaluating them, and in /// necessary, suggest improvements or discontinue practices that body technician considers and deliberates as detrimental to the proceedings sustained of prevention of disability or treatment thereof.

Paragraph. For the purposes of keeping records in CONADIS, the Ministry Public Health will send you copy of these reports, this one must department technician, in turn, review them and issue his assessment thereon.

SECTION III Personnel FOR SOCIAL PROMOTION

Article 73. Department of Social Promotion. The Department of Social Promotion of CONADIS, in order to coordinate actions among themselves with the organizations established by the Act de Social security valid, to ensure that persons with disabilities fully enjoy the benefits that right gives them the System Dominican of Social security in its different regimes and modalities, and its inclusion in all social protection programs of the State.

Article 74. Inclusion in social plans. CONADIS must promote and seek the inclusion of people with disabilities in all social policy plans, programs and projects. State, aimed at reducing the poverty en fulfillment of Act valid de Social security, for which evaluation and monitoring mechanisms must be applied.

Article 75. Complementary benefits. The benefits and different provisions granted by the Act de Social security for people with disabilities, do not limit the positive actions or complementary benefits that may be established in their favor.

Article 76. Care and Reception Centers. The State, through CONADIS, has the legal obligation to ensure the creation of care and reception centres for people with severe disabilities and/or in a situation of abandonment, which guarantee these people comprehensive health services, physical and emotional security, also providing, the service of orientation familiar.

Article 77. Provision of support. The State, through CONADIS, has the legal obligation to ensure the supply of support devices and accessories that guarantee the rehabilitation of people with disabilities, facilitate their Life independent, its self-sufficiency, integration and participación full and effective in the society en footing of conditions.

Paragraph I. CONADIS must evaluate the relevance of requests for support devices, to refer them to public and private service institutions, which will provide them with cargo al State Dominican, who will channel the payments through the body rector.

Paragraph II. For effects of the above measures, the relevant coordination must be carried out with the corresponding state agencies, prior certification from CONADIS.

Article 78. Promotion of organizations that bring together people with disabilities. CONADIS promotes, encourages and facilitates the strengthening of institutional of the organizations that provide the service people with disabilities, which groups together people with disabilities and their families.

Paragraph. CONADIS must offer technical support for the development of its activities and projects; it may also participate as aval in the company of agreements for the development of programs of interest social.

Article 79. Dissemination. Organizations of persons with disabilities must, in addition to what is established in their statutes, assume with personality required the promotion and dissemination of the derechos and potential of these people, for which they must have the collaboration of CONADIS and the dissemination organizations of State.

SECTION IV Personnel DE WORK AND EMPLOYMENT

Article 80. Department de work and employment. The Department de Work and Employment, whose primary purpose is to guarantee the inclusion of people with disabilities in the work ordinary of work, or in your default, its incorporation into a work of protected employment, or by account own that ensure their independence Following the spirit of national and international regulations that promote inclusion labor of people with disabilities.

Paragraph I. CONADIS must ensure that public and private entities guarantee the participación and inclusion labor of people with disabilities on their payroll and enjoy the same conditions, salaries and protection against labor abuses as other people.

Paragraph II. This participación It will never be less to five percent (5%) in the sector public and two percent (2%) in the sector private, in open, inclusive and accessible work environments, and in conditions of footing with the rest of the people.

Article 81. Training Labour law. CONADIS, in coordination with the institutions responsible for training labor, has to to guarantee the implementation of programs of training suitable for people with disabilities.

Paragraph I. For said training is taken in account the skills and potential of each person and the request of workers/as that companies have in the market work.

Paragraph II. The training It also includes the training of people with disabilities and their group familiar for administrative management and production of micro-enterprises in order to enable and increase their insertion.

Paragraph III. The training labor of people with disabilities includes, in addition to training, labor, the orientation Experience and how to maintain or keep a job.

Article 82. Provision economic. The State is legal obligation to ensure the provision de resources economic resources that facilitate access to and effective incorporation of persons with disabilities into the workforce work hub national.

Paragraph. For such purposes, public credits will be considered for those cases in which the performance Experience o labor of these people can be made more efficient with the provision of support devices available on the market and to finance business projects, whose viability is duly demonstrated.

Article 83. Integration Verification. CONADIS will verify that the integration programs labor for people with disabilities include, among others:

1. Treatment of rehabilitation doctor-functional.
2. Orientation Experience.
3. Training, rehabilitation and re-education Experience.
4. Insertion labor and monitoring.

Article 84. Promotion of employment. CONADIS must establish a continuous link with the Ministry de Work, to coordinate all relevant actions to achieve integration into the work productive development of people with disabilities, and permanent plans must be consolidated placement of jobs and job offers that allow them to perform work in accordance with their training and capabilities.

Paragraph. Two percent (2%) of the sector's jobs private will be deducted from the paid of taxes on revenue authorities.

Article 85. Accreditation. CONADIS has the faculty to accredit institutions that receive support from the State to execute integration programs or actions labor to people with disabilities.

Article 86. Certification. CONADIS certifies and supervises the centers of the service al public that offer rehabilitation services Experience, and develops research aimed at considering the results obtained by these centers.

Article 87. Coordination. CONADIS must coordinate the relations and agreements between workers' associations/as and employers/as, with a view to including in its general programs vacant spaces for people with disabilities, and their consequent awareness and re-education on the subject of disability, as a normal reality in the society active and productive.

Article 88. Register for market insertion labor. CONADIS has to carry un record of people with disabilities who are able to be inserted into the market labor, which includes those registered in the Electronic Stock Exchange Ministry de Work.

Article 89. Special economic support. CONADIS must ensure that those persons with disabilities who are verified not to receive special financial support are not eligible for special financial support. subsidy of any kind, and who cannot be socioeconomically integrated, receive financial support as part of its rehabilitation program. For give fulfillment, CONADIS will ensure that the Act valid in terms of Social security.

Article 90. Creation of Orientation Unit Labour law y placement. It corresponds to Ministry de Work, in coordination with CONADIS, the creation and implementation of the "Orientation Unit" Labour law y Placement for Persons with Disabilities” in order to coordinate joint efforts to promote the integration and employment of persons with disabilities; placement of people with disabilities who complete their recovery Experience when this is necessary, and ensure the fulfillment of the employment quotas established in the law.

Article 91. Adjustments. CONADIS will ensure that public and private institutions make reasonable adjustments to equalize opportunities for people with disabilities in the workplace. work.

Article 92. Protected employment. People with disabilities who, for reason of the nature of the consequences of their deficiencies, they cannot, provisionally or definitively, exercise an activity labor under the conditions of footing usual, they must be employed in sheltered employment centres, in accordance with their capacity.

Article 93. Sheltered employment centres. The sheltered employment centres, sponsored by the State and company private, and under responsibility of Social security, are those whose objective principal is to make a work productive, participating

regularly in market operations and with the aim of ensuring paid employment and benefit of personal and social adjustment services required by its disabled workers, while also being a means of integration of the Most number of these people in regime de work Normal.

Paragraph I. The entire payroll of protected employment centers is made up of workers with disabilities, without damage of the positions on the payroll of non-disabled personnel essential for the development of the activity.

Paragraph II. Protected employment centres may be created by both public and private organisations and by companies, always subject to the legal, regulatory and conventional norms that regulate the conditions of employment. work.

Paragraph III. The CONADIS team must periodically review people with disabilities employed in special employment centers, in order to promote their advancement, taking into account account el level of recovery and adaptation labor.

SECTION V

Personnel EDUCATIONAL, SPORTS AND CULTURAL INCLUSION

Article 94. Department of educational, sports and cultural inclusion. The Department of Educational, Sports and Cultural Inclusion, which will have as its primary purpose to ensure training aimed at the comprehensive development of people with disabilities and their participación effective in the society from educational, sporting and cultural aspects.

Paragraph I. CONADIS must ensure that the work Dominican education meets the criteria of inclusive education.

Paragraph II. Persons with disabilities have right to free education with equity and quality in public institutions, in specific care institutions and in special education centers, in accordance with the provisions of the Constitution and the laws.

Article 95. Compliance with regulations. To ensure the education of children with disabilities, established regulations on education must be observed.

Article 96. Special education center. When a person's disability person is of such severity that it makes it impossible for them to be incorporated into ordinary schools, State is legal obligation to ensure your training to the maximum level possible in special education centers.

Paragraph I. For the purposes expressed herein article, special education centers will be created, way that care for people with multiple and profound disabilities is adequately ensured. State, through the organizations

corresponding, monitors and supervises the operation of these centres, according to the teaching quality criteria established in the corresponding regulations or rules.

Paragraph II. CONADIS plans, together with the instance corresponding of the Ministry of Education, the operational plans for the incorporation of curricular adaptations in accordance with the educational needs of students with disabilities.

Article 97. Inclusion of training programs in educational centers. Ministry of Higher Education, Science and Technology and the Ministry of Education, in coordination with CONADIS, have the legal obligation to include basic subjects related to the topic of disability in the training programs of public and private universities and educational centers at all levels.

Paragraph I. CONADIS must ensure that universities integrate their offer academic degree in special education and continuing education programs, referring to the care of people with disabilities, based on the promulgation of the present law.

Paragraph II. From the promulgation of the present law’s most emblematic landmarks, the Ministry of Higher Education, Science and Technology and the Ministry of Education, in coordination with CONADIS, are obliged to to guarantee that private universities and colleges grant scholarships equivalent to one percent (1%) or a fraction of one hundred (100) of their registration to promote and encourage the inclusion of people with disabilities in work educational national, after evaluating their socioeconomic conditions.

Paragraph III: CONADIS must channel to the Ministry of Higher Education, Science and Technology and the Ministry of Education, the review periodic review of school curricula and university syllabi for their adaptation.

Article 98. Development of early care strategies. In addition to what is established in the Act General Education or in conceptually equal regulations, the State is legal obligation to create the necessary means and facilities so that the Children's Centers of the System Dominican of Social security, develop early care strategies, aimed at boys and girls in edad chronological from zero to six (0 to 6) years of edad, which will also operate in regular and special education schools, both public and private.

Paragraph I. It is the task of CONADIS to ensure that these strategies are applied with the criteria and quality levels defined by it.

Paragraph II. CONADIS designates the/as professionals and technicians/as, who will participate in the Ministry of Education in the aspects of planning of the educational national.

Article 99. Scholarship Requirements. CONADIS is authorized to request scholarships from private educational institutions, at all levels, in order to grant them to persons with disabilities who require them and are in a position to receive them, after evaluating their socioeconomic conditions.

Article 100. Pedagogical section. All health centres must have a pedagogical section for prevent and avoid the marginalization of proceedings educational of the/as students/as en edad boarding school/as in these hospitals.

Article 101. Execution of programs. Institutions that wish to run orientation programs familiar or raising public awareness on the subject of disability, must adhere to the ethical and moral criteria as established by the Constitution of Republic and Convention of by Rights of Persons with Disabilities, ratified by the country, to ensure respect for the derechos of people with disabilities.

Article 102. Image in the media. CONADIS advocates that the mass media present a comprehensive and accurate image of people with disabilities. It will also ensure that these media comply with ethical and social standards. style corresponding.

Article 103. Sports and cultural activities. CONADIS attorney the integration of people with disabilities in sports and cultural activities, promoting the creation of organizations aimed at fostering the development of their members and carrying out joint activities.

Article 104. Formulation of Programs and Activities. CONADIS must ensure that the policies and programs established in this area are oriented towards:

1) Generate and disseminate among the society respect for diversity and participación of people with disabilities in sports activities, art and culture.
2) Establish conditions for the inclusion of people with disabilities to achieve equity in the promotion, enjoyment and production of artistic and cultural activities.
3) Promote the training de resources human rights in the field of adapted sport and use of materials and new technologies, in order to achieve the integration of people with disabilities in sports and cultural activities.

Article 105. Advice on formulating plans. CONADIS must to guarantee that these provisions are complied with and ensure the necessary advice for the formulation of programmes in which people with disabilities participate, whether religious, cultural or mass educational activities.

Article 106. Obligation access. All sites open to the public, of a recreational or cultural nature, such as theatres and cinemas, must have specific spaces for wheelchair users.

Paragraph. For these effects an area equal to that of two theatre chairs must be used and no more than two adjacent spaces will be available in the same row. The determination of the number of spaces in this row class, will be two percent (2%) of the capacity total of the DINING or theater. A porcentaje The same will apply in the changing rooms at recreational centres for people in wheelchairs.

Article 107. Sports federations for people with disabilities. CONADIS, together with the Ministries of Sports, Physical Education and Recreation and Culture, promotes and encourages among institutions in the field of disability, all action or activity that promotes the development of sport for people with disabilities.

SECTION VI

TIME Personnel OF UNIVERSAL ACCESSIBILITY

Article 108. Department of Universal Accessibility. The Department of Universal Accessibility, with the aim of ensuring that people with disabilities have effective access to the physical environment, transportation, knowledge and the technology of insights and communication.

Paragraph. CONADIS will coordinate with the Ministry of Public Works and Communications (MOPC), with the School Dominican Association of Engineers, Architects and Surveyors (CODIA), with the municipalities and any other entity public or private responsible for building physical spaces of use public, the effective application of current regulations on universal accessibility.

Article 109. Procedure of Plans. The The ability to Executive is legal obligation to appoint a/an representative in the area of processing, evaluation and approval of planning plans urban in municipality, and without proper supervision it will not be possible saying department give visa good and final approval to none work de interest o use public or services, outside of construction to instance of the State or private.

Paragraph. The absence of said supervision grants to CONADIS, or person interested, the request before the office Municipal of Planning Urban corresponding to the stoppage temporary of work until the missing accessibility modifications are made, whether in fulfillment of Regulation M-007 or any other provision of access facilities for people with disabilities.

Article 110. Non-compliance. In /// that non-compliance or non-observance of the aforementioned regulations is verified in works of the State Dominican, CONADIS proceeds to request before el Ministry de State of Public Works or before the authorities corresponding, their suspension and repair.

Article 111. Update. For the purposes of this law, CONADIS, together with the corresponding bodies, must prepare the necessary proposals for updating the existing legal provisions in the area of ​​universal accessibility.

Article 112. Adapted transport. CONADIS has the legal obligation to ensure, together with the relevant public authorities, that people with disabilities have access to transport public adapted, on all existing routes or those to be created in the country, operated publicly or privately.

Paragraph. CONADIS will ensure that the availability of adapted transport is no less than ten percent (10%) in the first year and we will announce of promulgation of this law, the increase being progressive porcentaje, according to demand and needs of the población.

Article 113. Accessibility. In every road complex and/or means of mass transportation, including pedestrian bridges, tunnels or stations that are built in the territorio national, the movement of the persons referred to in this document must be facilitated. law, planning and installing ramps or elevators with non-slip finishes that allow movement from one place to another and must have the respective signage.

Article 114. Special traffic lights. On the main streets and avenues of cities and towns, the authorities The corresponding authorities must arrange for the installation of traffic lights with sound signals that indicate the cultural, of lights for to guarantee safe movement of visually impaired people.

Paragraph. Existing traffic lights must be provided with these sound signals.

Article 115. Protection. Any construction that may pose a danger to the public, should estar provided with the appropriate protection and adequate signage.

Article 116. Signal Universal Accessibility. CONADIS must ensure that public and private establishments place in crafts visible the signal universal accessibility in parking lots, spaces spirit access and entrances to ramps, bathrooms and elevators, as well as the adaptation of windows and counters insights in places of the service al public and ATMs.

Paragraph. CONADIS may notify the establishment en question that does not comply with the provisions established for the spirit access for people with disabilities; /// If not tempered, it may present complain to the regulatory authorities for signage and request the application of the sanctions that this non-compliance may give rise to.

Article 117. Electronic access. CONADIS must ensure that persons with disabilities have access to information and transactions carried out in electronic form. crafts electronic, in accordance with the provisions of the law that governs matter.

Article 118. INDOTEL. CONADIS must ensure that the Institute Dominican Telecommunications (INDOTEL), together with the institutions or companies involved in the production, distribution and exchange of insights de voice, video and data, ensure access to the insights and communication to people with sensory disabilities.

Paragraph. CONADIS coordinates with the Institute Dominican Telecommunications (INDOTEL) or the authorities of place, so that companies that provide the services of insights, video and data offer it in conditions of diversity and quality to people with disabilities, way that are comparable to those offered to others.

Article 119. Coordination of telecommunications entities. CONADIS coordinates with telecommunications entities all relevant measures that allow communication and insights to people with disabilities in their transmissions; also attorney that the producers of programs interest In general, such transmission facilities are provided, and subtitles and sign language interpreters must be used in the transmissions.

Paragraph. In /// In the event of non-compliance in the application of said measures, CONADIS may notify the program or station. /// If not tempered, it may present complain to the regulatory bodies for telecommunications, radio and public entertainment, and request the application of the sanctions that this non-compliance may give rise to.

Article 120. Constructions and buildings. From the promulgation of the present lawCONADIS ensures that all new constructions and buildings comply with technical standards relating to universal accessibility for people with disabilities.

Paragraph. Public and private establishments, administrative offices, entities of the service, from this moment onwards law, remain in blackberry de comply with accessibility standards and placement of special parking in a Plazo No. Most two years.

Article 121. Public Telephone Communication. All company that has for object Public telephone communication must install a porcentaje of telephones in proportion to the number of people with disabilities, which must have accessibility levels and technical specifications according to the needs of the disabilities.

Paragraph I. In /// of not having insights available in relationship to the number of people with disabilities, these facilities will be placed in ten percent (10%) of the public telephones installed, in a Plazo No. Most Two years after the present was promulgated law.

Paragraph II. In /// not fulfillment of the provisions of the article and preceding paragraphs, CONADIS may formulate complain against company in default and become plaintiff of diffuse interests before the courts of the Republic.

Article 122. Support services and adaptations. CONADIS ensures that the Ministry of Sports, Physical Education and Recreation, offer the necessary support services and adaptations so that all people with disabilities can participate or enjoy the activities that it organizes or promotes. dependence, a footing of conditions.

SECTION VII

TIME Personnel DE TECHNICAL LEGAL

Article 123. Creation. The Department de Assistance Legal whose purpose is to defend the fulfillment of law adjective in relation to the consolidation, preservation and maintenance of the derechos inherent and constitutional rights of people with disabilities, and functions as body CONADIS consultant, in the aspect legal, with the creation of a permanent internal consultancy as well as the the service of advice to people with disabilities and their representative entities.

Paragraph. The Department de Assistance Legal, encourages institutions to offer the assistance legal required by people with disabilities, according to their area of competition.

Article 124. Representation en Justice. CONADIS must establish the representation en Justiceas the plaintiff o defendant, of the interests and derechos groups or individuals of people with disabilities, assistance legal to people with disabilities, which includes, among others, information about their derechos, resources and friendly and legal instances.

Article 125. Court interpreters for people with sensory disabilities. CONADIS guarantees everything related to court interpreters that may be required during the processing of a case. proceedings to assist in their statements or testimonies, in criminal or civil proceedings.

Paragraph. When dealing with deaf people, the following will be required: participación a interpreter of sign language.

Article 126. Certification. For the effective implementation of the article precedent and its paragraph, there must be a certification de validity, issued by CONADIS, that the interpreter account with the necessary and sufficient knowledge to carry out their labor effectively.

SECTION VIII

OF THE TECHNICAL UNITS

Article 127. Creation of Technical Units. CONADIS may create the departments and technical units it considers necessary for the effective performance of its mission, as well as the advisory bodies necessary for the different areas of intervention of this document. law.

Article 128. Hiring consultants. In all /// the committee Executive, petition of Address Executive or responding to a demand national, you can request the Directory National the hiring of consultants/as, and technicians/as, that he object or the plan to be executed requires, whether these are/as paid or honorary.

Paragraph. In any case, the contract will first be approved by the Committee Executive, through competition public open and will be ratified by the Directory National, containing the aspects and modalities of the contract and its budgetary implications.

CHAPTER V

OF LEGAL ENTITIES

Article 129. Legal Entities. Non-profit institutions profitWhose object social is oriented to improve the quality of Life and the implementation of all action or positive intervention in favor of people with disabilities, to achieve their goals, can interact with CONADIS by exchanging insights, advice, helps mutual, collaboration, project development and other initiatives.

Paragraph. Non-profit institutions profit dedicated to work social with people with disabilities, they must present to CONADIS the documents that support their Constitution legal.

CHAPTER VI RESPONSIBILITY OF THE FAMILY

Article 130. Duties of the family. People with disabilities have right to the protection of the family, a store direct to the second degree, and in store collateral up to the first grade, with regard to access to education services, training, socioeconomic integration, health or the minimum subsidy for their support.

Paragraph. The family must seek and promote the comprehensive health of the person with disabilities, ensuring access to the support devices required for their integration and inclusion in the society, as well as the guidance and support necessary for the Life independent. For such purposes, the family you will receive the helps necessary

Article 131. Insertion and early stimulation. It corresponds to the family to provide for its members/as with any disability access to evaluation, diagnosis, rehabilitation and treatment, including their inclusion in early stimulation programs, aimed at equipping them/as of socio-educational training, therapeutic treatments and adequate support devices that allow them to achieve a vital performance comparable to the rest of the citizenship.

Article 132. Complaint. When the family natural or the substitute, despite to receive or have support services or insights of the State, limit the integration opportunities of its members/as with disabilities, or the/as discriminate, may be reported before the attorney's office taxation or the corresponding courts.

Paragraph. The person with a disability affected can request guidance or assistance to CONADIS, which will direct the appropriate measures.

CHAPTER VII

FINANCING AND BUDGET SECTION I
OF THE RESOURCES

Article 133. Resources. The resources Funds for the financing of CONADIS activities and actions will come from the following sources:

1) The items consigned to CONADIS within the Act of the General Budget of the State.
2) Of the resources coming from paid of fines for violation to the present law and for compensation, obtained in the lawsuits in which CONADIS intervenes, acting as plaintiff, whether of particular, collective or diffuse interests.
3) The fondos received through donations, agreements and official projects or with national and international private entities.

Article 134. Exemption of taxes. Donations received by any entity without purpose profit in the area of ​​disability, are exempt from the paid all type of taxes or levies.

Article 135. Preparation of the budget. In order to record budget Annual Pass of CONADIS, within the General Budget of the State, Address Executive, the Budget Unit, or whoever takes its place, will prepare the budget Annual Pass from CONADIS to be presented to the Directory National by the committee Executive in extraordinary assembly.

SECTION II

FROM THE CREATION OF A BACKGROUND SPECIAL FOR DISABILITY

Article 136. Creation. The Background National for Disability (FONADIS) in order to have resources specialized economics and stimulate the participación full and comprehensive development of people with disabilities, through the development of actions to address their demands and needs.

Article 137. Objective. FONADIS aims to: object:

1) Grant facilities of credit for productive initiatives in different modalities.
2) Grant scholarships.
3) Grant support devices and humanitarian aid.
4) Provide technological equipment.
5) Promote the derechos and fundamental freedoms of persons with disabilities.
6) Strengthen entities for people with disabilities and their families.

Article 138. Management, Functioning and Operational Mechanisms of FONADIS. The management, functioning and general operation mechanisms of FONADIS are defined by regulation by the Directory National from CONADIS.

Article 139. Financing. FONADIS financing comes from:

1) Of the fondos from social subsidy programs, which will be assigned according to the number of people with disabilities.
2) From donations and contributions of the cooperation national e international aimed at improving the quality of Life of people with disabilities.

CHAPTER VIII

SANCTIONS AND PENALTIES

Article 140. Sanctions. Violations of this Agreement law, are sanctioned according to the provisions of the same law, By the Code Criminal law, Code Civil law and special legislation, being able to to initiate lawsuits for reparación en damages in which groups of people with disabilities or individuals appear as applicants, in which cases it may be requested compensation in favor of CONADIS.

Paragraph. The values resulting from the aforementioned concept, will be deposited in a special way in a fondo común which will be used exclusively for the activities and functions of CONADIS, in accordance work in the course of this law.

Article 141. Penalty for public and private companies. They are penalized with no less than five and no more than twenty (20) minimum wages, official that directs public entities and bodies and private companies that do not comply with the employment quotas established in this document. law.

Article 142. Penalty violation assigned parking spaces. They are penalized with fifteen percent (15%) of the wage At least individuals or legal entities that violate restricted parking or spaces, exclusive for people with disabilities or reduced mobility, in public or private places.

Paragraph. The imposition of such fine is the cargo of the authorities that regulate land traffic.

Article 143. Penalty for contractors. They are penalized with the closure of the work, contractors, engineers, architects who do not comply with the standard of universal accessibility, until they decide give fulfillment to these standards.

Paragraph. In /// that the construction continues, despite having been ordered to close, those responsible for the work They will be sentenced in addition to the closure of the work, paid of 20% of value total budgeted for the same work.

CHAPTER IX GENERAL PROVISIONS

Article 144. In everything ///, employees/as of CONADIS are subject to the law valid on Administrative Career and the public service, its existing modifications, and the training programs protectionism, security and continuity labor server public.

Article 145. Constitutional and legal guarantees. All person has right to use the guarantees and access the constitutional and legal mechanisms to demand protection and obtain satisfaction of the derechos contained in this law.

Article 146. From the promulgation of the present law, CONADIS is incorporated into all sectoral and development councils national and representation in the different spaces will be defined by the Directory National, through internal regulations drawn up for such purposes.

Article 147. From the promulgation of the present law, in all piece legal y Valid identity document public or use public Where reference is made to individuals and their impairments, whether physical, mental or sensory, the term term «Human with Disabilities».

TRANSITORY DISPOSITIONS

FIRST. From the when and where of promulgation of the present law, will be formed in a Plazo No. Most of sixty (60) days the Directory National of CONADIS, with the purpose of restructuring and produce the mutations inherent to the new order legal that the present law standard and dictates.

SECOND. In term No. Most of two years, from the entry into validity of the present law, the competent state entities will develop plans and execute projects for the adaptation of public spaces, buildings, services and facilities use massive as provided for in this law and in the regulatory standards on universal accessibility.

THIRD. En el Plazo of two (2) years, from the entry into force of this law, CONADIS must carry out comprehensive studies on the accessibility of those environments or systems that are considered most relevant from the point of view of sight of universal accessibility, prioritizing those related to the physical environment, construction, infrastructure, transportation, communications and telecommunications and services of the society of insights and the knowledge.

Paragraph I. In the Plazo of two (2) years from the entry into force of this law, CONADIS ensures the effects that will provide sign language and deed in Braille, in order to to guarantee to deaf and visually impaired people the opportunity to learn and knowledgeas well as a freedom de election regarding the different formats and media that can be used for communication with the environment.

Paragraph II. In the Plazo from two (2) to six (6) years from the entry into force of this law, all existing environments, products and services and all provision, criterion or Areas They will meet the requirements of universal accessibility, highlighting the adaptation and remodelling of physical environments and buildings.

FOURTH. The Regulation that puts into effect validity this law will be approved in a tiempo maximum of 180 days, after the promulgation of the same, by Decree of the The ability to Executive, and will be prepared by CONADIS.

FIFTH. The Corporate Dominican will include in the General Budget of the State, in the items corresponding to the Office of Engineers and Supervisors and the Ministry of Public Works, respectively, or whoever takes their place, the projections of execution for the infrastructures of the regional and provincial centers of CONADIS, as seen here the requirements presented by this organ rector for year and we will announce taxation .

FINAL PROVISIONS

FIRST. The following is modified: Article 32, paragraph c), numeral 3, part in fine, of the Act 241, Vehicle Traffic, of when and where December 28, 1967, people with hearing disabilities are excluded from the list of those disqualified from driving motor vehicles, since condition human is assimilated to the benefit of the forecasts of the Article 36 of the aforementioned law.

SECOND. Paragraph b) of Section 11 -a) of Regulation 279 on Migration, dated May 12, 1939, as amended by the Decree No. 3183, December 3, 1945, Official Gazette Official No. 6386, which must be automatically removed from the text of the same without having to make a special modification for the proper deletion of the saying paragraph.

THIRD. Which gives repealed, in all its text, scope and configuration, Act 42-2000, of when and where June 29, 2000, Gazette Official No. 10049, of when and where June 30 2000.

FOURTH. This law enters validity from its promulgation and becomes effective with the publication, once the deadlines specified in the Code Civil law.

GIVEN: in the Sala of Sessions of the Senate, Palace of the Congress dome National, in Santo Domingo de Guzman, District National, capital of Republic Dominican, at five
(05) days of the month September of year and we will announce two thousand twelve (2012); 169 years Independence and 150 of the Restoration.

Cristina Altagracia Lizardo Mosque
Acting Vice President

Heinz Siegfried Vieluf Cabrera Amilcar Romero P.
Secretary Secretary

GIVEN in the Sala of Sessions of the Camera of Deputies, Palace of Congress dome National, in Santo Domingo de Guzman, District National, capital of Republic Dominican, eight (8) days after month January year and we will announce two thousand thirteen (2013); 169th year of the Independence and 150th of the Restoration.

Abel Atahualpa Martinez Duran
President

Angela Pozo Juan Julio Campos Ventura
Secretary Secretary

DANILO MEDINA
President of Republic Dominican Republic

En exercise of the powers conferred upon me by the Article 128 of the Constitution of Republic.

I PROMULGE this Act and I order that it be published in the Gazette Official, for your knowledge y fulfillment.

GIVEN in Santo Domingo de Guzmán, District National, Capital of Republic Dominican, fifteen (15) days after month January year and we will announce two thousand thirteen (2013); 169 years of the Independence and 150 of the Restoration.

DANILO MEDINA

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