Government Implementation of the Standard Rules
As Seen By Member Organizations of
Inclusion International - ILSMH

Brazil

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© Dimitris Michailakis 1997

Federacao Nacional das APAEs, Inclusion International, Brazil
No reply was received from the Government of Brazil.
Compare with the following Country Report(s): WFD

General policy

The officially recognized disability policy is expressed in law, in guidelines adopted by the government, in guidelines adopted by the national disability council and in policy adopted by NGOs. The emphasis in this policy is on anti-discrimination law, rehabilitation, prevention, accessibility measures and individual support.

Since the adoption of the Rules the government has conveyed the message of full participation.

Legislation

The rights of persons with disabilities are protected by special legislation and general legislation. The judicial mechanism adopted to protect the rights of persons with disabilities include due process (legal remedy though the courts) and recourse procedure, by a special agency dealing with anti-discrimination issues. There are no administrative and other non-judicial bodies.

General legislation applies to persons with different disabilities with respect to education, employment and access to court of law. The following benefits are guaranteed by law to persons with disabilities: training, rehabilitation and counselling, financial security and employment.

The following laws concerning the rights of persons with disabilities have been enacted since the adoption of the Rules: Law no. 7853/89 and Decree no. 914/93.

Accessibility

There are rules to ensure accessibility of the built environment which establish national design standards requiring that public places and the outdoor environment are made accessible. There are no standards requiring that means of public transport and housing are made accessible. Accessibility in the built environment is observed by a national authority, by local governments and by the organizers/providers of services. The following services have been promoted by the government in order to facilitate accessibility in the built environment: levelling off pavements, marking parking areas, installing lifts and accessible toilets and providing specially adapted motor vehicles. Special transport arrangements include free inter-state and state transportation, is available for medical treatment, education, work and for recreational purpose. The most difficult obstacles, when planning to build accessible environments, are attitudinal factors, economic/budgetary factors, geographical and climatic factors, lack of knowledge, research and information, lack of co-operation from other organisations/institutions and lack of enforcement mechanism. There is no disability awareness component incorporated in the training of planners, architects and construction engineers.

Sign language has no officially recognized status, is not used as the first language in education of deaf people and is not recognized as the main means of communication between deaf persons and others. There are no government measures to encourage media to make their services accessible to persons with disabilities, but there are government measures to encourage other means of public information to make their services accessible, e.g. sponsorship of publicity. The following services are provided in order to facilitate information and communication between persons with disabilities and others: literature in Braille/tape, news magazines on tape/Braille and sign language interpretation being available for major events.

Organizations of persons with disabilities

There is a national umbrella organization. There are legal provisions mandating the representatives of persons with disabilities to participate in policy-making and to work with governmental institutions. Organizations of persons with disabilities are always consulted, when laws and regulations with a disability aspect are being prepared. Consultations occur at both the national, regional and local level. The government gives financial and organizational/logistic support to organizations of persons with disabilities. The role of the organizations of persons with disabilities is to advocate rights and improved services, mobilie persons with disabilities, identify needs and priorities, participate in the planning, implementation and evaluation of services and measures, contribute to public awareness, provide services and promote/organize income generating activities.

Co-ordination of work

The co-ordinating committee is reporting to the Ministry of Justice. It includes representatives of several Ministries, from organizations of persons with disabilities, from other NGOs and from the of private sector. The government expects the committee to participate in policy development but not to perform other tasks. The establishment of the committee has had the following effects: improved co-ordination of measures/programmes, improved legislation, improved integration of responsibility, a better dialogue in the disability field, more accurate planning and more effective use of resources.

The adoption of the Rules has led to a rethinking of the approach to disability policy.

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