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Editorial Portuguese  Spanish    
Year 8 - N° 392 - December 7, 2014
Francine Prado / francine.cassia@hotmail.com


The rights of the disable

The rights of the disabled were legally included in Brazil on October 24th, 1989, so 25 years ago when it was sanctioned by the President of the Republic Act 7853/89.

The Government and its institutions - ruled the art. 2 of the mentioned law - has to ensure that people with disabilities can fully exercise their basic rights, including the rights to education, health, work, leisure, social security, the protection of children and maternity, and other that, under the Constitution and the laws, conducive to their personal, social and economic well-being.

The State is responsible, in the face of it; develop public policies on accessibility and inclusion of people with disabilities in education, health, vocational training, and work. The Public Ministry was handed to defend their collective interests, while that prejudice against such persons was criminalized.

Shortly thereafter, following a trend detected in many countries, other specific laws were given on quotas for access to the labor market in public procurement and private companies, as well as on the parameters for imperative inclusive essential education, promulgating finally the call Accessibility Act.

Twenty years later, the UN Convention on the Rights of Persons with Disabilities, 2009, confirmed, ratifying the principles that guided the enactment of Law 7.853 / 89, formally recognizing the need to adopt measures of inclusion and non-discrimination as far as the formulation of affirmative public policies so that all people, without exception, regardless of their situation, to have equal access to rights inherent to citizenship.

It occurs, however, - as it often happens in our country - between the law published for 25 years and its effective implementation continues to be a large distance. Clear measures defined by the law have not been implemented, so that here and there, with the usual exceptions, the rights of people with disabilities are not being respected.

Recently revealed that the Brazilian Institute of the Rights of Persons with Disabilities (IBDD), won four civic public actions on accessibility. One pertinent to access to public buildings, the other the access to private buildings for collective use and two related to ways of transport.

In the four actions to Justice held that the law was unquestionable and determined its effectiveness. But neither the law nor the judgments were, so far, met.

Now, we are not talking about a favor or a privilege, but of rights provided by law and recognized by the judiciary.

At the dawn of the twentieth century, stricken with paralysis at 25 years old, Abel Gomes was unable to walk and started to make use of a wheelchair. Because of this, he had to leave the teaching profession and is therefore forced to change profession. The lack of accessibility was common in his time.

If a similar legislation to that we report was operative in the time of Abel Gomes, he would certainly have continued in his teaching activity, giving full swing so his real vocation. But that if the Government fulfilled the duty which legally fits it.

Failing to fulfill the obligation established by law, the Government prevents many people, as happened with Abel Gomes, carry out the work which is theirs; frustrating their dreams and also the ideals of all those in Brazil and abroad fought for the rights of people with disabilities were recognized and supported.



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