Esta ley establece la "Carta de Derechos de las Personas con Discapacidad" en Puerto Rico, reafirmando la política pública de fomentar la aplicación más amplia de los derechos de las personas con discapacidad. Define a las personas con discapacidad, establece la política pública del Estado Libre Asociado de Puerto Rico para garantizar sus derechos y la coordinación de recursos y servicios gubernamentales. Detalla los derechos generales de las personas con discapacidad, incluyendo igualdad, libertad de discriminación, acceso a servicios de salud, educación, empleo, vivienda adaptada, y participación en decisiones que les afectan. Impone deberes al gobierno para asegurar la concienciación social, coordinación de servicios, inclusión de sus puntos de vista en la planificación, recopilación de datos, atención prioritaria a sus solicitudes, desarrollo profesional, incentivos para talleres y empleo, apoyo a instituciones sin fines de lucro, agilización de procedimientos administrativos y capacitación de empleados públicos. También aborda la rehabilitación, vida independiente, acceso a tecnología de asistencia, y la creación de una base de datos y un informe anual sobre la implementación de la ley. Establece la supervisión del cumplimiento por parte de la Oficina del Procurador de las Personas con Discapacidad y las sanciones por incumplimiento. Finalmente, incluye cláusulas de construcción, reserva de derechos y separabilidad.
(Approved August 31, 2004)
To establish the "Bill of Rights of Persons with Disabilities," in order to ratify the public policy of the Commonwealth of Puerto Rico to foster the broadest application of the rights of persons with disabilities; to establish such rights and the duties of the State; and for other related purposes.
Section 1 of Article II of the Constitution of the Commonwealth of Puerto Rico states, "The dignity of the human being is inviolable." It also states, "All men are equal before the law." In acknowledging the equality of all human beings, the Constitution imposes upon the Government of the Commonwealth of Puerto Rico the non-delegable responsibility of protecting, promoting, defending, developing and creating the specific circumstances that seek the achievement of an equal quality of life for all Puerto Rican men and women.
A significant part of the population in Puerto Rico suffers from one or more disabilities. According to the Census of the year 2000, 934,674 persons of over five (5) years of age have some sort of disability, totaling 26.8 percent of the Island's population. This implies that more than one fourth of the general population needs special attention to achieve a full quality of life and the full development of its capabilities.
Acknowledging the special needs of the population with disabilities, initiatives have been undertaken to guarantee the equality of persons with disabilities in our society during the last few decades. This movement in favor of the rights of
persons with disabilities begins to take shape at an international level with the promulgation of the United Nations Declaration on the Rights of Disabled Persons of December 9, 1975. The accepted perception considers the abilities of persons with disabilities and promotes the elimination of barriers that prevents them from reaching their best potential and their inclusion in all social contexts.
In Puerto Rico, much legislation has been developed for the purpose of eliminating barriers that keep persons with disabilities from attaining a basic education, productive jobs and a full life. Among these are the "Equal Employment Opportunity for Persons with Disabilities Act," Act No. 81 of July 27, 1996, as amended; and the "Integral Educational Services for Persons with Disabilities Act," Act No. 51 of June 7, 1996, as amended, among others.
Most legislation enacted in Puerto Rico to benefit persons with disabilities is based on Public Law 101-336, better known as the "Americans with Disabilities Act." This federal legislation prohibits discrimination and ensures equal employment opportunities and government agency services for persons with disabilities, among others. However, the United States Supreme Court has at times construed the federal statute in a restrictive manner. A recent example of the interpretations of the Federal Supreme Court was the case of Toyota v. Williams, 534 U.S. 184, 197 (2002), a decision that has been highly criticized. In this case, when interpreting the definitions and terms set forth in the federal legislation, the United States Supreme Court 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." Therefore, to ensure that a possible restrictive interpretation of the Commonwealth legal statutes is not implemented in Puerto Rico due to the principles of hermeneutics, this Legislature must propitiate that the interpretation of the statutes be conducted taking into consideration the social purpose that inspired them, without dissociating them from the reality and
the human social problem they are intended to solve. This Legislature has the nondelegable duty to protect, defend and safeguard the rights of persons with disabilities. The purpose of this Bill of Rights is to adopt a public policy whose main purpose is to ensure equal rights for all citizens with disabilities. Through this Act, we guarantee a better quality of life for persons with disabilities.
Section 1.-Title This Act shall be known as the "Bill of Rights of Persons with Disabilities Act."
Section 2.-Definition of Persons with Disabilities For the purposes of this Act, the term "person with disabilities" refers to any person who has a physical, mental or sensory disability that substantially limits one or more of the essential activities in his/her life, has a medical record or history of physical, mental or sensory disability, or is considered as having a physical, mental or sensory disability.
Section 3.-Public Policy The Commonwealth of Puerto Rico recognizes the essential principle of human equality as a governing element of our social, legal and governmental system. Within the framework of the principle of human equality, the Government recognizes its responsibility to establish the proper conditions for promoting the enjoyment of a full life and of natural, human and legal rights, free from discrimination and barriers of any sort for persons with disabilities. For such purposes, it is hereby declared as public policy to guarantee for persons with disabilities the effectiveness of the rights bestowed upon them in the Bill of Rights of the Constitution of the Commonwealth of Puerto Rico and the applicable laws and regulations, as well as to guarantee the coordination of Government resources
and services to address the collective and special needs of persons with disabilities according to their condition. The planning, rendering and accessibility of the services for persons with disabilities is of utmost priority in the implementation and development of all government actions for purposes of helping them achieve equal opportunity and the full development of their capabilities. All systems need a guiding philosophy for their social actions. As a people, we have the responsibility and the imperious need to adopt a clear philosophy regarding what persons with disabilities represent in our community. Said philosophy shall be the foundation of our laws, regulations, rules, procedures and services within a framework of justice.
The perception in Puerto Rico regarding persons with disabilities has evolved. From an initial attitude of rejection to segregation and then integration, they now aspire toward a higher goal, namely to being included. This philosophical concept is based on six (6) basic principles that the Government has incorporated in this public policy: (1) All persons are valuable and able to contribute to life in this society; (2) all persons have abilities, talents and gifts; (3) all persons are able to develop according to their capabilities; (4) all disabilities are a social creation. It is not that people are disabled, it is that systems disable people; (5) the sole recommended descriptor is the name and any other manner of referring to a person is to hide the reality which is that we do not know what to do; and (6) the most important thing is common sense.
Therefore, since Puerto Rico is a democratic society sheltered under the constitutional precept of the equality of human beings, it is hereby declared as public policy of the Commonwealth of Puerto Rico that it is the primary goal of all agencies and instrumentalities of our the Island to include persons with disabilities in the rendering of their services.
To give faithful compliance to the public policy stated herein, the Government shall have the duty of offering the following to persons with disabilities:
(a) A government public policy that guarantees the effectiveness of the rights set forth in the Bill of Rights of the Constitutions of the Commonwealth of Puerto Rico and of the United States of America, as well as their applicable laws and regulations.
(b) Coordination of the resources and services of the Government to address the collective and special needs of persons with disabilities, according to their condition. The needs of persons with disabilities shall be addressed when planning, rendering and providing accessibility of services to them in geographical terms, including the availability of means of transportation, as well as of complementary and alternate resources.
(c) Excellent attention to medically indigent persons and access to the best use of health services, addressing the special condition of the person with disabilities.
(d) Services and means that enable the enjoyment of their homes and permanence near to or with their family for the person with disabilities.
(e) Protection of their physical or mental health and of their property from threats, harassment, coercion or disruption by any natural or juridical person.
(f) Development of strategies to guarantee for this sector the access to knowledge, education, rehabilitation, recreation and technological support as essential tools for integrating disabled persons fully and without prejudice or stigmas into society and productive employment.
(g) Respect for their individual rights, limiting their exercise solely when necessary through a duly authorized physician on behalf of their health and safety as a therapeutic measure.
Section 4.-General Rights of Persons with Disabilities Persons with disabilities shall be entitled to:
(a) The full guarantee of all the rights, benefits, responsibilities and privileges on equal terms with those of persons without disabilities.
(b) Freedom from interference, coercion, discrimination or reprisals for the exercise of their civil rights.
(c) To live in an environment of serenity, respect and dignity that satisfies their basic rehabilitation, housing, nutrition, health, education, recreation and economic needs taking into account their physical, mental, social and emotional condition within the framework of social inclusion.
(d) To live free from pressure, coercion and manipulation by family members, private persons or the Government who intend to curtail their capabilities and their right to self-determination.
(e) To receive medical attention in the preventative, clinical and rehabilitation phases for the protection of their health and their general well-being.
(f) To practice a profession, occupation or trade that fits their knowledge and capabilities.
(g) To obtain employment free from discrimination by reason of their disability.
(h) To participate in workshops, receive orientation, and technical and technological assistance that allow them to fully develop their potential.
(i) To be heard in all matters that affect them and in public interest matters without restriction, interference, coercion, discrimination or reprisals.
(j) To identify which relative or relatives they want to live with or at which location, in an environment of love, understanding and serenity.
(k) To enjoy and have access to recreational, sports, educational and cultural services in the community. (1) To have access to public benefits and services in the areas of education, vocational rehabilitation, housing, social welfare, health, transportation and employment.
(m) To enjoy a peaceful environment of serenity and relaxation.
(n) To receive social protection or security or both against physical or emotional abuse or from psychological pressure by any other person.
(o) To act alone or jointly with other members of their group in search of solutions to their grievances and problems.
(p) Not to be subjected to involuntary restrictions in the hospital or substitute or residential home, unless there is a medical or legal order that so provides or if necessary due to a state of emergency to avoid inflicting injuries to themselves or others, subject to the legislation or jurisprudence in effect.
(q) To assemble, communicate and meet privately with others, unless in so doing the rights of others are infringed upon.
(r) To receive their mail unopened, unless with their express written authorization, or that of the legal tutor.
(s) To enjoy privacy regarding the information in their medical records, which shall not be disclosed without their consent in writing, subject to the legislation or jurisprudence in effect.
(t) To inspect, free of charge, any records under the custody of persons who render medical or other services, subject to the legislation or
jurisprudence in effect.
(u) Not to be subjected to excessive medication to constrain, restrict or immobilize them, unless there are recurring health conditions that attempt against their physical safety or that of others, subject to the legislation or jurisprudence in effect. Orientation regarding the use of and need for medications shall be given in those cases that warrant doing so after trying all other available treatment alternatives.
(v) To have access to technology or technological assistance to maintain, improve or increase their capabilities.
(w) To have decisions made with their approval and consent at all times pertaining to identification, evaluation, location and intervention that affect the person with disabilities, unless they are made to abide by a court decision. Also, to participate in the design of any intervention plan structured to serve them, as well as in any decision making, to the extent possible.
(x) To lodge complaints or grievances regarding any infringement of the rights set forth in this Act and to have them resolved in an unbiased procedure in a fair and swift manner, pursuant to Act No. 170 of August 12, 1988, as amended, better known as the "Uniform Administrative Procedures Act."
(y) To have their objections considered diligently at the corresponding level of the pertinent forums and, if necessary, to be represented before the pertinent agencies and forums in defense of their rights by parents, tutors or legal representatives.
(z) To receive protection against negligence, mistreatment, prejudice, abuse or carelessness by any relatives, service providers or the community.
(aa) To receive services and have the same frequently evaluated for quality and effectiveness. (bb) To be provided with a translator or interpreter when necessary to achieve effective communication and informed consent. (cc) To receive education and training when their condition allows which promotes the full development of their personality and which acknowledges and respects their human rights. (dd) To respect their autonomy in all matters relating to issues that affect life, progress, treatment, recovery and rehabilitation, according to their general level of functionality. (ee) To manage their property, including their valuable property, unless they have been legally declared unfit to do so.
Section 5.-Duties of the Government The Commonwealth of Puerto Rico recognizes that the disabled population should enjoy and have access on an equal basis to the offer and demand of public services, subject to applicable Commonwealth and federal legislation and jurisprudence for the rendering of public services. In compliance with this responsibility, the departments, agencies, instrumentalities, public corporations, municipalities and entities of the Government of the Commonwealth of Puerto Rico shall:
a) Adopt measures to ensure that society becomes aware of persons with disabilities, their rights, needs, possibilities and contributions. This duty shall be fulfilled through the distribution of information about the available programs and services, the support of information campaigns and public education programs that refer to persons with disabilities that seek to make the population aware of the need to respect and integrate this sector into the general social environment.
b) Coordinate resources and services of the Government to guarantee that the needs of persons with disabilities are addressed in the best and most efficient manner possible. c) Include the views of persons with disabilities as a vital part of the short, mid and long term plans for economic development, housing, health, education and infrastructure, among others, at municipal and Commonwealth levels. d) To gather the best and most reliable information about the disabled population and its needs. e) To give priority to the requests for services of any person with disabilities. Any request for services pertaining to assisting or relieving a disability shall be addressed within a term of not more than ten (10) work days from the time of the request. Said term shall begin when the person has completed the requirements or delivered all the necessary documents for requesting the services. f) Ensure the rendering of efficient medical services for the person with disabilities. g) Develop and promote the preparation of professionals for rehabilitation, health, recreation and education systems to collaborate with persons with disabilities and their families through the public education system. h) Give incentives for the creation of workshops for persons with disabilities through the various government programs geared toward subsidizing and developing the establishment of enterprises, businesses and industries, and promoting the granting of subsidies to those employers who hire persons with disabilities. i) Include nonprofit institutions that render direct and specialized
services to the disabled population in the subsidy and development programs for the establishment of enterprises, businesses and industries. j) Promote the development of economic incentives and offer support in services and resources for fostering the creation and strengthening of private institutions that render services to the population of persons with disabilities, especially in geographical areas with less public services to address the needs of persons with disabilities. k) To expedite the administrative procedures, proposals and payments for nonprofit private institutions that give service to the population of persons with disabilities. The proposals shall be addressed within not more than three (3) months from the moment in which the agency certifies that all the required documents have been delivered for evaluating the proposal. Payments shall be made based on Act No. 25 of December 8, 1989, as amended, better known as the "Act to Establish a Down Payment System for Government Purveyors of Goods and Services," unless there is a written agreement indicating otherwise.
among the public employees about the attention due to matters that affect this population. n) Develop a government campaign to integrate the public sector in the efforts to benefit this population. o) The departments, agencies, instrumentalities, public corporations, municipalities and any entities of the Government of the Commonwealth of Puerto Rico that offer technological assistance equipment to this population shall develop and have the power to establish agreements and negotiations to transfer technological assistance equipment among themselves, thus preventing persons with disabilities from becoming affected by transition processes. In addition, the departments, agencies, instrumentalities, public corporations, municipalities and any entities of the Government of the Commonwealth of Puerto Rico who are technological assistance equipment providers shall participate and implement methods and mechanisms to expedite compliance with Section 7 of Act No. 264 of August 31, 2000, as amended. p) Carry out any other procedure deemed necessary to comply with the public policy and the rights acknowledged herein or established in the special laws promulgated for the benefit of persons with disabilities.
Section 6. -Rehabilitation and Independent Living a) All persons with disabilities shall be entitled to be informed and have the greatest possible access to programs and initiatives that promote their physical or mental rehabilitation. The Government and its dependencies shall promote an integral, holistic and multidisciplinary approach to rehabilitation and the use of innovative
intervention strategies geared toward expediting their capabilities for development to the maximum degree. b) The Government of the Commonwealth of Puerto Rico shall promote the study of and access to the most effective and advanced services and equipment for technological assistance, that is, those essential for their daily living, to allow the population of persons with disabilities to study, work and live independently and to improve their quality of life. c) The departments, agencies, instrumentalities, public corporations, municipalities, and any entity of the Government of the Commonwealth of Puerto Rico that offer educational and rehabilitation services to this population shall promote and be empowered to establish agreements and negotiations for the purchase at reasonable prices of technological assistance equipment to guarantee that the disabled population may use such equipment to cope and interact adequately. d) The Department of Consumer Affairs shall be empowered, if it so deems necessary, to regulate, on behalf of the public interest, matters concerning access to and purchase of technological assistance equipment for persons with disabilities, including the control of prices and the regulation of profits of the suppliers of said equipment.
Persons with disabilities are entitled to housing adapted to their needs. Adapted housing shall correspond to construction designs that eliminate movement-limiting architectural barriers and guarantee the safety of persons with disabilities. The interior of the housing unit shall be designed so that the daily living of the person with disabilities or the care by a person in charge is facilitated
as much as possible, particularly in the area of the bathroom, the kitchen and the bedroom. To further the achievement of the right to an adapted housing unit for each person with disabilities, the following obligations shall hereby be imposed upon the Government:
Section 8.-Data Base The Office of the Advocate for Persons with Disabilities shall keep available a data base on the statistics of the number of persons with disabilities and the type of disability each suffers. Every department, agency, instrumentality, public corporation, municipality and entity of the Government of the Commonwealth of Puerto Rico shall maintain available databases on the offer and demand statistics about the services for persons with disabilities according to the jurisdiction of each public entity.
Section 9.-Annual Report to the Governor and to the Legislature The Office of the Advocate for Persons with Disabilities, no later than April 30
of each year, shall render an annual report to the Governor and to the Legislature on the implementation and progress of this legislation. Said report shall include recommendations for legislation to address the needs of persons with disabilities within the juridical framework applicable in Puerto Rico.
Section 10. -Nonprofit Institutions Nonprofit institutions that render direct and specialized services to persons with disabilities may be authorized in writing or in any other irrefutable manner by said persons to claim the benefits set forth in this Act on behalf of the persons with disabilities they assist. Those nonprofit institutions that render direct and specialized services shall be entitled to compete under equal conditions for the public funds available for proposals. Upon selecting one institution over another, the decisive factors shall be the need and demand for the service they offer, as well as the wellbeing of the population of persons with disabilities.
Nonprofit institutions rendering direct and specialized services to persons with disabilities shall be entitled to expedited administrative procedures to address their request for public services, as well as to have their proposals attended promptly.
The proposals shall be addressed within a period of not more than three (3) months from the moment in which the department, agency, instrumentality, public corporation, municipality or any other entity of the Government of the Commonwealth of Puerto Rico certifies that all the required documents have been submitted for the evaluation of such proposals. The payments shall be made based on Act No. 25 of December 8, 1989, as amended, better known as the "Act to Establish a Down Payment System for Government Purveyors of Goods and Services," unless there is a written agreement indicating otherwise.
Section 11.- Compliance with the Requirements of the Departments, Agencies, Instrumentalities, Public Corporations, Municipalities or Any Other Entity of the Government of the Commonwealth of Puerto Rico for Rendering Services
Any person with disabilities who requests that services be rendered by any department, agency, instrumentality, public corporation, municipality or any other entity of the Government of the Commonwealth of Puerto Rico shall comply with the specific requirements set forth by each of these public entities and the legislation or jurisprudence in effect.
Section 12.-Construction Clause The aforementioned list of rights shall not be understood to be restrictive, nor does it suppose the exclusion of other rights of the persons with disabilities that are not specifically mentioned herein.
This Act shall be construed in the most liberal and beneficial manner toward persons with disabilities. In case of conflict between the provisions of this Act and any other legislation, that which is most favorable to persons with disabilities shall prevail.
Section 13.-Development of the Strategic Plan It shall be the duty of all departments, agencies, instrumentalities, public corporations, municipalities and any other entities of the Government of the Commonwealth of Puerto Rico to prepare a Strategic Plan within their dependencies in order to comply with all the departments and provisions of this Act. Therefore, the agencies, instrumentalities, public corporations, municipalities and any other entities of the Government of the Commonwealth of Puerto Rico shall have eighteen (18) months from the date of approval of this Act for preparing such a Strategic Plan and present the same to the Governor and to the Legislature to make the proper budgetary request for the implementation of the same. In the same, it shall be the obligation of the agencies to include in such Strategic Plans solutions and programs for rendering services to persons with disabilities of all ages, paying attention to the population over twenty-one (21) years of age. Furthermore, the Office of the Advocate for Disabled Persons may provide the
corresponding advice regarding the need for or preparation of the Strategic Plan of the department, agency, instrumentality, public corporation, municipality and any other entity of the Government of the Commonwealth of Puerto Rico on available services, legislation in effect or the creation of administrative orders or necessary regulations to be adopted for the implementation of this Act.
Section 14.-Noncompliance It shall be the duty of the Office of the Advocate for Persons with Disabilities to oversee faithful compliance with the provisions set forth in this Act.
Any person, natural or juridical, public or private who dos not comply with the provisions of this Act shall be subject to the penalties set forth in Section 20(a) of Act No. 2 of September 27, 1985, as amended, also known as the "Office of the Advocate for Persons with Disabilities Act."
Section 15.-Reservation of Right on Other Actions and on the Interpretation of Laws within the Jurisdiction of the Commonwealth of Puerto Rico
The execution of the action authorized by this Act is independent from any other civil or criminal action, rights or remedy provided by the legislation in effect and none of these provisions shall limit or obstruct the execution of such actions, rights or remedies.
All legislation shall be construed in the manner that is most beneficial to persons with disabilities and all branches of the government and natural or juridical persons, upon interpreting any legislation, shall use a liberal and non-restrictive interpretation in favor of such persons.
It shall be the duty of the courts, departments, agencies, instrumentalities, public corporations, municipalities and any other entities of the Government of the Commonwealth of Puerto Rico to liberally interpret all statutes, regulations or ordinances pertaining to the rights of persons with disabilities for these to conform to the principles set forth in the Constitutions of the United States of America and
of the Commonwealth of Puerto Rico for the social purpose of protecting, defending and vindicating the rights of persons with disabilities, including those cases and claims which have been filed at the courts or administrative forums within the jurisdiction of the Commonwealth of Puerto Rico prior to the approval of this Act and to its ruling becoming final and binding.
Section 16.-Severability Clause If any clause, paragraph, article, section or part of this Act were declared unconstitutional by a court with jurisdiction, the judgment to such effects shall not affect, prejudice or invalidate the remaining parts thereof. The effect of such a judgment shall be limited to the clause, paragraph, article, section or part thus declared unconstitutional.
Section 17.-Effectiveness This Act shall take effect immediately after its approval.
I hereby certify to the Secretary of State that the following Act No. 238 (H.B. 4134) of the $7^{ ext {th }}$ Session of the $14^{ ext {th }}$ Legislature of Puerto Rico:
AN ACT to establish the "Bill of Rights of Persons with Disabilities," in order to ratify the public policy of the Commonwealth of Puerto Rico to foster the broadest application of the rights of persons with disabilities; to establish such rights and the duties of the State; and for other related purposes, has been translated from Spanish to English and that the English version is correct.
In San Juan, Puerto Rico, today $6^{ ext {th }}$ of November of 2006.
Francisco J. Domenech Director