Vocational Rehabilitation and Employment (Disabled Persons) Convention, 1983 (No. 159) - Ecuador (RATIFICATION: 1988)

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Previous comments

Articles 2 and 3 of the Convention. Implementation of a national policy for vocational rehabilitation and employment of persons with disabilities. The Committee notes the information provided by the Government on the measures taken to promote the integration of persons with disabilities into the labour market. The Committee notes the adoption of ministerial agreement MDT-2018-175 establishing a percentage of 4 per cent for the hiring of workers with disabilities for employers in the public and private sector with at least 25 workers. The Government indicates that measures were taken with a view to strengthening compliance with the quota. In this regard, the Government reports that, through joint action between the Ministry of Labour (MDT), the National Council for the Integration of Persons with Disabilities (CONADIS), and the National Federation of Ecuadorians with Physical Disabilities (FENEDIF), labour inspections were carried out in 2,155 companies with a view to verifying compliance with the quota. As part of these labour inspections, 694 persons with disabilities were placed in the labour market. Also, in 2020, 86 labour inspectors were trained by CONADIS on the criteria for carrying out inspections in the field of the rights of persons with disabilities. The Government reports that, according to data from the MTD, between 2017 and 2020, 254,815 persons with disabilities were inserted into the labour market. On the other hand, the Government refers to the approval in 2018 of the Ministerial Agreement MDT-2018-0180 by which those persons considered as substitutes without labour inclusion can be part of the 4 per cent quota established for the hiring of persons with disabilities. The category of “direct substitute” is granted to parents of children and adolescents with disabilities and relatives up to the fourth degree of consanguinity and second degree of affinity, legal representatives of persons who have a person with severe disability under their care. Likewise, the category of “human solidarity substitute” is granted to those persons who, without being related by blood or affinity, can be included in the labour market in substitution of a person with severe disability, who do not have a family reference and who, due to their severe condition, are unable to do so. Employers may not hire more than fifty percent of substitutes of the established legal percentage. The Government indicates that the number of substitutes hired grew exponentially from 2,438 in 2017 to 7,070 in 2020. In this respect, the Committee refers to paragraph 2 of the Vocational Rehabilitation and Employment (Disabled Persons) Recommendation, 1983 (No. 168), which indicates that the purpose of vocational rehabilitation is to enable a person with a disability to secure, retain and advance in suitable employment and thereby to further such person's integration or reintegration into society. Consequently, the concepts of “direct replacement” and “human solidarity replacement” do not meet this objective. In relation to the measures adopted to encourage entrepreneurship among persons with disabilities, the Government refers to the creation of the preferential credit line “Somos Productivos” (We are Productive), which allows persons with disabilities and substitutes to obtain loans of between 50 and 59,100 dollars. The Government reports that, between 2019 and 2020, 14 259 credits were granted to persons with disabilities.

The Committee notes, however, that in its concluding observations of 21 October 2019, the Committee on the Rights of Persons with Disabilities (CRPD) expressed its concern about the reduction in the number of persons with disabilities, especially women with disabilities, engaged in regular employment; the low level of compliance by the institutions of the State party itself and by businesses with the promotion of employment by means, inter alia, of assigned hiring quotas; the scant enforcement and lack of legislative measures for penalizing companies that are not hiring a sufficient number of persons with disabilities in regular positions; and the failure to promote opportunities for self- employment and entrepreneurship incentives for persons with disabilities (CRPD/C/ECU/CO/2-3, paragraph 47(b)). Finally, the Committee notes the launch on 4 August 2022 of the National Agenda for Disability Equality (ANID) 2021-2025, which includes among its objectives the promotion of labour inclusion and entrepreneurship among persons with disabilities. In this regard, ANID plans, among other measures, to strengthen the “Find Employment” platform; disseminate the tax benefits that employers can apply to increase the hiring of persons with disabilities; expand the Ecuadorian Network of Solidarity Enterprises (REDES) and promote awareness campaigns for companies, users and the public sector on the labour rights of persons with disabilities. The Committee requests the Government to provide updated information on compliance with the quota for hiring persons with disabilities, including the percentage of workers with disabilities who are hired and the percentage of those workers who are hired under the categories of “direct substitute” and “human solidarity substitute”. It also requests the Government to provide updated information on the nature, extent and impact of the specific measures taken to promote the employment of persons with disabilities in the open labour market, in particular women with disabilities. In this respect, the Committee requests the Government to provide statistical information, disaggregated by sex, age and type of disability, as well as by region, and extracts from reports, studies and research relating to the issues covered by the Convention. The Committee further requests the Government to provide updated statistical information on the participation of persons with disabilities in the labour market, disaggregated by sex, level of education and type of disability.

Article 4. Effective equality of opportunity and treatment. The Commission notes that, in its 2019 concluding observations, the CRPD expressed its concern that the legislation does not incorporate an explicit, cross-cutting definition or prohibition of discrimination on the basis of disability, particularly with regard to women, children, indigenous persons, persons of African descent, Montubio persons, migrants and refugees with disabilities, in all areas of life; ...; and that the definition of reasonable accommodation is not mainstreamed in the State party’s laws, accommodations of this sort are infrequent and the denial of reasonable accommodation is not recognized as a form of discrimination (CRPD/C/ECU/CO/2-3, paragraphs 13(a) and (c)). The Committee requests the Government to provide detailed information on the manner in which effective equality of opportunity and treatment is ensured between men and women workers with disabilities, and between workers with disabilities and other workers, and how the provision of reasonable accommodation is envisaged in the legislation.

Article 5. Consultation of the social partners and with organizations representing persons with disabilities. The Committee requests the Government to provide detailed updated information on the content and outcome of the consultations held with the social partners and organizations representing persons with disabilities in relation to the implementation of measures for vocational guidance and employment promotion of persons with disabilities.

Article 7. Vocational training for persons with disabilities. The Committee notes that the ANID 2021-2025 envisages the adoption of measures with a view to promoting specialized and inclusive quality education, strengthening access and retention of persons with disabilities in higher education, and promoting training and certification by labour competencies for persons with disabilities. In this regard, the Committee notes that, in its concluding observations of 21 October 2019, the CRPD noted with concern that “the State party retains the use of a special education model; that segregated forms of education predominate in its legislation, in particular in the Organic Act on Disabilities; that 151 segregated schools still exist; and that not enough is being done to change the education system into one based on quality inclusive education” (CRPD/C/ECU/CO/2-3, paragraph 43). The Committee therefore requests the Government to provide updated information on the nature, scope and impact of the specific vocational guidance and training measures takenwithin the general vocational training system to enable persons with disabilities to obtain, retain and progress in employment.

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Articles 2, 3 and 5 of the Convention. Implementation of a national policy for the vocational rehabilitation and employment of persons with disabilities. Consultations. The Committee notes the Government’s indication in its report that around 22,000 enterprises are required to meet the 4 per cent labour quota for persons with disabilities, in accordance with the Basic Act on Disabilities. Some 78,577 persons with different types of disabilities participate in the labour market, which is equivalent to approximately 88 per cent of all people with disabilities who are of working age. Moreover, the Government indicates that, in July 2014, National Equality Councils were established, their functions include developing, following up and evaluating public policies for persons with disabilities. Representatives of organizations of persons with disabilities may be selected as members of the councils. The Committee requests the Government to continue providing detailed and up-to-date information on the impact of the national policy for the vocational rehabilitation and employment of persons with disabilities. Please also provide information on the activities of the National Equality Councils regarding the matters covered by the Convention, and on the manner in which representative employers’ and workers’ organizations are consulted on measures to promote cooperation and coordination between public and private bodies engaged in vocational rehabilitation activities.

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Articles 2 and 3 of the Convention. Implementation of a national policy. The Committee notes with interest the adoption of the Organic Law on Disabilities, which came into force in 2012. Section 45 of the Law establishes the right of persons with disabilities to paid employment under equal conditions and to non-discrimination in employment practices. Section 47 of the Law provides that, where public or private enterprises employ over 25 workers, persons with disabilities must account for at least 4 per cent of the workforce and they must be employed on a permanent basis in work considered appropriate to their knowledge, physical condition and individual abilities, in line with the principles of gender equality and diversity of disability. The Committee also notes the adoption of the Regulations implementing the Organic Law on Disabilities, which have been in force since 2013. The Government provides information on the project for placing persons with disabilities in formal jobs and on affirmative actions that involve increasing the percentage of persons with disabilities applying for public sector jobs. The Government indicates that 56,450 persons with disabilities were placed in employment during the 2007–13 period. The Committee invites the Government to continue providing information on the impact of the national policy on vocational rehabilitation and employment of persons with disabilities, including information disaggregated by age, sex and the nature of the disability.

Article 5. Consultation. The Committee notes that the Organic Law on Disabilities has established the National Council for Disability Equality as a public institution, whose mandate includes the formulation of public policies and strategies for the social integration of persons with disabilities. The Council is composed of representatives of the State and civil society, the latter being elected by the Council for Civic Participation through a merit-based competition. The Committee invites the Government to supply detailed information on the manner in which the representative organizations of employers and workers are consulted with regard to the measures taken to promote cooperation and coordination between the public and private bodies engaged in vocational rehabilitation activities.

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The Committee notes that the Government’s report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its 2011 direct request, which read as follows:

Repetition

Implementation of a national policy. In relation to the observation of 2006, the Government indicates in a report received in October 2010 that structural changes are taking place in favour of persons with disabilities. The Government is focusing on sectoral policies on disability and on enlarging the duties and responsibilities of the Directorate for Priority Groups at the Ministry of Labour Relations. The Committee requests the Government to supply a report containing information on the results achieved as regards integrating persons with disabilities into the open labour market (Articles 2 and 3 of the Convention). The Committee also requests the Government to include in its report practical information and statistics disaggregated, where possible, by age, gender and the nature of the disability, and also extracts from reports, studies and surveys concerning the matters covered by the Convention (Part V of the report form).

Consultation of representative organizations of employers and workers. The Committee refers to its previous comments and recalls the importance of consulting occupational organizations on the implementation of the policy of vocational rehabilitation and employment for persons with disabilities. The Committee requests the Government to include detailed information on the consultations held with the representative organizations of employers and workers regarding the measures taken to promote cooperation and coordination between the public and private bodies engaged in vocational rehabilitation activities (Article 5).

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Implementation of a national policy. In relation to the observation of 2006, the Government indicates in a report received in October 2010 that structural changes are taking place in favour of persons with disabilities. The Government is focusing on sectoral policies on disability and on enlarging the duties and responsibilities of the Directorate for Priority Groups at the Ministry of Labour Relations. The Committee requests the Government to supply a report containing information on the results achieved as regards integrating persons with disabilities into the open labour market (Articles 2 and 3 of the Convention). The Committee also requests the Government to include in its report practical information and statistics disaggregated, where possible, by age, gender and the nature of the disability, and also extracts from reports, studies and surveys concerning the matters covered by the Convention (Part V of the report form).

Consultation of representative organizations of employers and workers. The Committee refers to its previous comments and recalls the importance of consulting occupational organizations on the implementation of the policy of vocational rehabilitation and employment for persons with disabilities. The Committee requests the Government to include detailed information on the consultations held with the representative organizations of employers and workers regarding the measures taken to promote cooperation and coordination between the public and private bodies engaged in vocational rehabilitation activities (Article 5).

[The Government is asked to reply in detail to the present comments in 2013.]

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1. Implementation of a national policy. The Committee notes the Government’s report received in September 2005 describing the activities carried out by the Ministry of Labour and the National Council for the Disabled (CONADES). Furthermore, the Committee notes that on 30 January 2006 the Labour Code was amended to establish that public or private employers with a minimum number of 25 workers are under the obligation to hire at least one person with disabilities on a permanent basis in work considered appropriate in relation to their experience, physical condition and individual aptitudes, in observance of the principles of equality, gender and diversity of disability. As from the second year from which the new provisions are in force, such persons must account for 1 per cent of the total number of workers, 2 per cent in the third year, 3 per cent in the fourth year and reaching 4 per cent of the total number of workers in the fifth year, with this percentage applying in all successive years. The Committee notes with interest the legislative initiatives and practical activities carried out and requests the Government to continue providing information in its next report on the results achieved in terms of the integration of persons with disabilities into the open labour market (Article 2 of the Convention).

2. Consultation of representative organizations of employers and workers. The Committee refers to its previous comments and recalls the importance of the consultation of occupational organizations on the implementation of the policy of vocational rehabilitation and employment for persons with disabilities. The Committee once again expresses interest in being provided with information on the consultations held with the occupational organizations of employers and workers in relation to the measures taken to promote cooperation and coordination between public and private institutions engaged in vocational rehabilitation activities (Article 5).

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Article 5 of the Convention.  The Committee notes the information contained in the Government’s report. The Government states that the National Council on the Disabled (CONADIS) has direct contacts with employers in various branches of activity, and that the General Regulations of the Law on the Disabled (Executive Decree No. 1437/94) require tripartite consultation. However, the Committee notes that section 3 specifies cooperation with private foundations to avoid duplication of services and section 19 specifies cooperation with NGOs, but the Regulations do not appear to require cooperation with employers’ and workers’ organizations. Please indicate what other provisions exist to ensure consultation with workers’ and employers’ organizations on the implementation of rehabilitation and employment policies for persons with disabilities.

Article 7.  The Committee notes that section 62 of the Regulations states that vocational training and education are to conform to the provisions of Convention No. 159. Please provide further information on the specific programmes available for vocational guidance and training to persons with disabilities, and if recipients must pay fees for these services.

Part V of the report form.  The Committee notes that the Government’s report does not contain any indicators of the application of the Convention. It requests such information if available, or information on the measures taken or envisaged to develop a database to enable the Government to better assess the effectiveness of its policies and programmes.

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The Committee notes the information provided by the Government in reply to its earlier comments. It notes with interest, in particular, the adoption of the Law on Disabled Persons, of 7 August 1992.

Article 5 of the Convention. In its previous comments the Committee asked the Government to describe the manner in which representative employers' and workers' organizations are consulted on the implementation of the policy on vocational rehabilitation and employment of disabled persons. The Government refers in its reply to section 9(f) of the above-mentioned Law which provides that national organizations of disabled persons are represented at the Directorate of the National Council for Disabled Persons. The Committee notes, however, that the Law contains no provisions concerning consultations with representative organizations of employers and workers on the implementation of the said policy. It hopes that the Government will not fail to take appropriate measures in order to provide for such consultations, as required by this Article of the Convention, and asks the Government to supply, in its next report, information on any progress made in this regard.

Article 7. The Committee notes the provisions of section 6 of the Law on Disabled Persons, 1992, concerning measures of vocational rehabilitation and employment of disabled persons aiming to further such persons' integration into society. It asks the Government to supply, in its future reports, information on implementation of this section of the Law of 1992 and on the arrangements made to give fuller effect, in practice, to the provisions of this Article, which stipulates that measures shall be taken with a view to providing and evaluating vocational guidance, vocational training, placement, employment and other related services to enable disabled persons to secure, retain and advance in employment.

Point V of the report form. Please supply statistics (when available), as well as extracts from reports, studies and inquiries, concerning the matters covered by the Convention (for example, with respect to particular areas or branches of activity or particular categories of disabled workers).

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The Committee notes that the Government's report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its previous direct request, which read as follows:

The Committee has noted with interest the information supplied by the Government in its first report on the application of the Convention. It would be grateful if the Government would provide, in its next report, additional information on the following points:

Article 5 of the Convention. The Committee has noted the information on the activities of the organizations of disabled persons and on their cooperation with the governmental bodies. Please refer to the first part of this Article and describe the manner in which representative employers' and workers' organizations are consulted on the implementation of the policy on vocational rehabilitation and employment of disabled persons.

Article 7. Please continue to supply information, in the next reports, on the arrangements made to give fuller effect, in practice, to the provisions of this Article.

Point V of the report form. Please provide a general appreciation of the manner in which the Convention is applied in your country, including for example statistics (if available), extracts from reports, studies and inquiries, concerning the matters covered by the Convention (for example, with respect to particular areas or branches of activity or particular categories of disabled workers).

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The Committee has noted with interest the information supplied by the Governent in its first report on the application of the Convention. It would be grateful if the Government would provide, in its next report, additional information on the following points:

Article 5 of the Convention. The Committee has noted the information on the activities of the organisations of disabled persons and on their cooperation with the governmental bodies. Please refer to the first part of this Article and describe the manner in which representative employers' and workers' organisations are consulted on the implementation of the policy on vocational rehabilitation and employment of disabled persons.

Article 7. Please continue to supply information, in the next reports, on the arrangements made to give fuller effect, in practice, to the provisions of this Article.

Point V of the report form. Please provide a general appreciation of the manner in which the Convention is applied in your country, including for example statistics (if available), extracts from reports, studies and inquiries, concerning the matters covered by the Convention (for example, with respect to particular areas or branches of activity or particular categories of disabled workers).