Esta ley enmienda la Ley Núm. 44 de 2 de julio de 1985 para añadir secciones que protegen y salvaguardan los derechos de las personas con discapacidades. Establece que la interpretación de esta ley debe ser liberal y beneficiosa para las personas con discapacidades, prohibiendo el uso de interpretaciones restrictivas de decisiones de cortes o agencias federales que limiten estos derechos. Busca asegurar la igualdad y el pleno desarrollo de las capacidades de las personas con discapacidades en Puerto Rico, en armonía con la Constitución del Estado Libre Asociado.
(Approved September 16, 2004)
To add Sections 14 and 15 to Act No. 44 of July 2, 1985, as amended, in order to add norms to protect, defend and safeguard the rights of persons with disabilities in view of the possible restrictive interpretation of the same by. [sic]
In Puerto Rico, a significant number of the population has one or more physical disabilities. According to Census 2000 data, 934,674 persons over five years of age have some type of disability, which constitutes 26.8 percent of the Island's population. This implies that more than one fourth of the general population needs special attention to attain full quality of life and the total development of their capacities. Recognizing the particular needs of the population with disabilities, initiatives have been promoted in recent decades to ensure equality, both substantive as well as of opportunities, for persons with disabilities in our society.
This Legislature approved Act No. 44 of July 2, 1985, "to prohibit discrimination against persons with physical and mental disabilities in public and private institutions that receive funds from the Commonwealth of Puerto Rico and to empower the Secretary of the Department of Consumer Affairs to implement this Act and impose administrative fines for violations of the same." This legislation was approved with the purpose of "guaranteeing equal treatment in situations and activities that, up to the present, are disadvantageous and discriminatory for those persons who, being able to
participate and compete, have not done so due to their limitations." Statement of Motives of Act No. 44 of July 2, 1985. The Supreme Court of Puerto Rico has recognized that this legislation was approved in order to protect persons with physical or mental disabilities, to broaden their employment opportunities and to prohibit discrimination therein against said persons, Ríos v. Cidra Manufacturing 98 T.S.P.R. 74.
On July 26, 1990, the United States Congress approved the Americans with Disabilities Act (A.D.A.), 42 U.S. C. sec. 12, 101 and ss. After the approval of the A.D.A. in the United States Congress, the Legislature amended Act No. 44, supra through the approval of Act No. 105 of December 20, 1991. Act No. 105 prohibits discrimination against persons with physical and mental disabilities in institutions regardless of whether or not they receive funds of the Commonwealth of Puerto Rico, in order to broaden the employment opportunities of said persons. Act No. 105 tempers our local statute with federal Public Law of July 26, 1990, known as The Americans with Disabilities Act," Statement of Motives of Act No. 105. The three statutes pursue the purpose of protecting certain groups of persons against discrimination due to disabilities.
At times, the interpretation of the Federal A.D.A. by the federal courts has been restrictive. Likewise, when interpreting the definitions and the terms established in the federal legislation, the Supreme Court of the United States has used a restrictive scheme: "these terms need to be interpreted strictly to create a demanding standard for qualifying as disabled is confirmed by the first section of the ADA." Toyota v. Williams, 534 U. S. 184, 197 (2002).
This Legislature has the duty that cannot be delegated to protect, defend and safeguard the rights of persons with disabilities. In view of the
possible restrictive interpretation of Act No. 44 of July 2, 1985, as amended, for its hermeneutical principles, this Legislature should propitiate that the interpretation of these statutes be made taking into consideration the social purposes which inspired them, without alienating the same from reality and the human social problem they intend to resolve.
The Constitution of the Commonwealth of Puerto Rico, in its Article II Section 1 establishes that the "dignity of the human being is inviolable. All men are equal before the law. No discrimination shall be made on account of race, color, sex, birth, social origin or condition, or political or religious beliefs. Both the laws as well as the system of public education shall embody these principles of essential human equality." The recognition of the condition of equality of all human beings in the Constitution imposes on the Government of Puerto Rico the undelegable responsibility of protecting, defending, promoting, developing and creating the unique circumstances that propitiate an equal quality of life for all Puerto Ricans. It is the duty of this Legislature to advance the principles enunciated in the Constitution.
Section 1.- A new Section 14 is hereby added to Act No. 44 of July 2, 1985, to read as follows: "Section 14.- This Act shall be construed in the manner most beneficial to persons with disabilities. All government branches and natural or juridical persons, on interpreting this legislation, shall use a liberal, nonrestrictive interpretation. The use, as a precedent to reduce the scope of the rights of persons with disabilities, of any decision of a federal court or administrative agency that interprets or has interpreted the Federal Public Law of July 26, 1990, known as the Americans with Disabilities Act, in a
restrictive manner and against the interests of persons with disabilities, is hereby precluded.
Section 2.- A new Section 15 is hereby added to Act No. 44 of July 2,1985 , to read as follows: "Section 15.- The use of a decision of any administrative agency of the United States of America that implements benefits in a restrictive manner, or that restricts the scope of the rights of persons with disabilities, by any agency, department, public corporation, public instrumentality and Municipalitys of the Commonwealth of Puerto Rico, is also hereby precluded. The use of decisions of federal administrative agencies or courts to refuse or restrict the offering of services and programs paid with funds of the People of Puerto Rico is hereby precluded. The courts and government agencies of the Commonwealth of Puerto Rico shall implement a liberal interpretation of the statutes related to the rights of persons with disabilities that is in harmony with the principles enunciated in the Bill of Rights of the Constitution of the Commonwealth of Puerto Rico and the social purpose of protecting, defending and vindicating the rights of persons with disabilities.
Section 3.- This Act shall take effect immediately after its approval.
I hereby certify to the Secretary of State that the following Act No. 355 (H.B. 4135) of the $7^{ ext {th }}$ Session of the $14^{ ext {th }}$ Legislature of Puerto Rico:
AN ACT to add Sections 14 and 15 to Act No. 44 of July 2, 1985, as amended, in order to add norms to protect, defend and safeguard the rights of persons with disabilities in view of the possible restrictive interpretation of the same by. $[s i c]$, has been translated from Spanish to English and that the English version is correct.
In San Juan, Puerto Rico, today $16^{ ext {th }}$ of May of 2005.
Luis E. Fusté-Lacourt Director
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