Chile

Key Factors: A welfare-based approach to disability issues prevailed in Chile for many years.¹ After the departure of the military regime and the establishment of democracy in 1990, social issues became an integral part of the political agenda. Government resources have been redirected to develop programs that enhance education, health, housing, and the quality of life for the most needy, including people with disabilities. Law 19284 on the Social Integration of Persons with Disabilities was enacted in 1994 as part of this shift in the political landscape.² Ten years later, however, the pace of integration of people with disabilities into the various social sectors is still slow.

Terminology

Early legislation regarding people with disabilities focused primarily on protections rather than rights. Among the terms used in such laws were "lisiado" and "inválido", translated as "crippled" and "handicapped," respectively. In addition, the phrase "incapaz", translated as "mentally retarded," was used to refer to persons with mental retardation. When directly quoting from documents, the original language has been retained.

^1. Offi ce of Multilateral Policy of the Ministry of Foreign Affairs, 24 September 2003. "During the government of Augusto Pinochet no global or social integration policies were in place concerning persons with disabilities. Things only began to change in 1994 when Law 19284 on the Social Integration of Persons with Disabilities was enacted. Until the 70s in Chile there was no specifi c piece of legislation regarding persons with disabilities. Most provisions concerning the disability sector could be found in general laws that more often than not established protection measures (incapacity) and certain prohibitions based on the actual or presumed diffi culty and incapacity to carry out some legal actions such as to make a will, to adopt children, to bear witness, to marry, etc. Very few specifi c laws on disability existed including a law on vehicle import for crippled persons and a law establishing a Social Security Pension Scheme for handicapped and mentally retarded persons."

^2. Law 19284, Integración Social de las Personas con Discapacidad [Social Integration of Persons with Disabilities Act], (Santiago, Chile, January 1994), www.fonadis.cl.