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Key Factors: Ecuador has a strong
legal framework, recognized when
the nation received in 2002 the Sixth
Franklin Delano Roosevelt International
Disability Award.1 However, the country
is in the midst of a servere economic
crisis. Budgetary allocations prioritize
the payment of the foreign debt, often
at the expense of social expenditure.
Few protections are implemented, and
people with disabilities remain a severely
vulnerable population.
The 6th Population and 5th Housing Census, conducted by the National
Statistics and Census Institute (INEC) in 2001, used the word "incapacidad,"
which is translated to "incapacitated" or "incapacity." Section 102 of the Civil
Code, in describing certain restrictions, uses the term "los dementes, los ciegos,
los sordos y los mudos" which, when directly translated, means "the insane, the
blind, the deaf and the mute." When quoting directly from these documents, the
orginal terminology is retained.2
Chapter II of Executive Decree 3603, which provided regulations for and
amended the Disability Act, contains the following definition:
For the purposes of the law and the regulations thereto, a "person
with disabilities" is any individual who, as a result of one or more
congenital or acquired physical, mental or sensory impairments, which
can be expected to be permanent, is restricted in at least 30 percent
of his or her ability to perform an activity within the range considered
normal, limiting or preventing him or her from performing daily life
functions or activities.3
The definition is based upon the World Health Organization's ICIDH-1 classification.4
1. National Organization on Disability, http://www.worldcommitteeondisability.org.
2. Comissión Andina de Juristas, Personas con Discapacidad [People with Disability], http://www. cajpe.org.pe/RIJ/BASES/pcd/CUADRCIV.htm.
3. Executive Decree 3603, General de la Ley Reformatoria de la Ley de Discapacidades [General Regulations of the Law amending the Disability Act].
4. World Health Organization Classification (WHO), ICIDH Geneva 1980.