Disabled persons recognition reform begins

Plans to reform the recognition and rights of people with disabilities, a priority for the Government but pushed back due to the overtaking of the Amnesty Law talks, returned to the priority floor and will begin today.

The parliamentary procedure to reform article 49 of the Constitution will begin this week in the Congress of Deputies, which must rule on the bill agreed upon by PSOE and PP where they are established, among other points, the replacement of the term “disminuido” (handicapped) with the expression “personas con discapacidad” (people with disabilities); the obligation of public powers to “carry out the necessary policies to guarantee full personal autonomy and social inclusion” of the group, and special attention to minors and women with disabilities.

On Tuesday, the reform will be debated in a monographic plenary session and on Thursday it will be voted on, to then be sent to the Senate, which will begin to analyse it on January 24.

In reality, the sessions on the 16th and 18th will be physically held at the Senate headquarters, where the deputies will travel due to the previously mentioned construction work in Congress.

When the initiative was first requested, it was requested that it be processed urgently, which means reducing the deadlines by half. The objective was to avoid further delays, so the opposing parties agreed that it would be done in a single reading (once in plenary session and without going through the presentation and commission phases).

This first ‘social reform’ of the Constitution was promoted by the Spanish Committee of Representatives of People with Disabilities (Cermi), which has been demanding a change in Magna Carta for years.

In 2018 it came to Congress for the first time, with the involvement of the then socialist vice president Carmen Calvo. At that time, it had the support of all parties, but the call for elections caused the project to decline.

Given that a modification of the Constitution of this type requires a minimum support of three-fifths of each chamber (210 deputies and 159 senators), the support of the two major parties is essential.

In fact, the bill that the Executive presented in the last legislature could not go ahead because it did not have the support of the PP.

The text that will be debated this week was agreed between the two large parties, which committed to reject any amendment or modification from outside that lacks consensual support.

Furthermore, the PSOE assured that its Sumar partners will not support holding a constitutional referendum to ratify the reform, which could be called with the signature of 35 deputies (the position of this party would therefore be decisive if someone proposed it).

Although for the purpose of this article this is a translation, and therefore not the definitive text, in its current wording, article 49 of the Constitution establishes that “the public powers will carry out a policy of provision, treatment, rehabilitation and integration of the physically, sensory and mentally handicapped, to whom they will provide the specialised attention they require and will especially protect them for the enjoyment of the rights that this Title grants to all citizens”.

The new wording establishes that “people with disabilities are entitled to the rights and duties provided for in this Title in conditions of freedom and real and effective equality, without discrimination occurring.” Furthermore, it indicates that “the public powers will carry out the necessary policies to guarantee the full personal autonomy and social inclusion of people with disabilities” and that “these policies will respect their freedom of choice and preferences and will be adopted with the participation of representative organisations of persons with disabilities in the terms established by law.” “The specific needs of women and girls with disabilities will be particularly addressed,” and adds that “the special protection of these people with disabilities will be regulated for the full exercise of their rights and duties”.

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