On Friday, March 10, Law No. 21.545 was published in the Official Gazette, which is entitled "Establishes the promotion of inclusion, comprehensive care and protection of the rights of people with autism spectrum disorder (ASD), in the social, health and education spheres".
This new law originated in two bills presented by parliamentarians (Bulletins No. 14,310 and 14,549), which were merged into a single text through a substitute indication presented by the Government.
The purpose of this law is to ensure the right to equal opportunities and social inclusion of children, adolescents and adults with ASD. On the other hand, it aims to eliminate any form of discrimination that may be detrimental to people with ASD and to promote a comprehensive approach to these people in the social, health and educational spheres, throughout their life cycle.
Definitions
This standard defines individuals with ASD as those who present a difference or diversity in typical neurodevelopment, which is manifested in significant difficulties in initiating, reciprocating and maintaining social interaction and communication when interacting with different environments, as well as in restrictive and repetitive behaviors or interests.
The definition adds that these characteristics constitute some degree of disability when they generate a significant functional impact on the person at family, social, educational, occupational or other areas, and that, interacting with various barriers present in the environment, prevent or restrict their full and effective participation in society, on equal terms with others. This circumstance must be qualified and certified in accordance with the provisions of Law No. 20.422, which establishes rules on equal opportunities and social inclusion of persons with disabilities.
The regulation also defines caregivers of a person with ASD as anyone who provides assistance or care under the terms provided by Law No. 20,584, which regulates the rights and duties of persons in relation to actions related to their health care.
Principles of the Law
The text establishes new principles to which compliance with this law must be subject. These are: dignified treatment; progressive autonomy; gender perspective; intersectoriality; participation and social dialogue; neurodiversity; early detection; and continuous monitoring. Along with this, the law contemplates judicial tools that may be exercised against actions or omissions that cause arbitrary discrimination against people with ASD.
Duties of the State
The law determines the duties of the State to ensure personal development, independent living, autonomy and equal opportunities for people with ASD.
The law establishes that the State will promote a comprehensive approach to ASD, developing actions such as promoting scientific research; carrying out awareness campaigns on the disorder; ensuring the provision of support services that may be required by people with ASD, among others. In the area of health, one of the main objectives of the regulation is to advance in the promotion of early detection of ASD. To this end, the Ministry of Health will develop and promote access to screening or detection of ASD warning signs within the health services for children and adolescents included in the Family Health Plan.
Educational, health, justice and other rights
The law seeks to ensure persons with ASD the full enjoyment and exercise of their rights on an equal footing with the rest of society.
In terms of health, the right to health care relevant to their needs from a human rights perspective, in accordance with current legislation, including the Convention on the Rights of Persons with Disabilities, international treaties signed by Chile on the subject and others that are in force. It also establishes the right to the accompaniment of persons with ASD.
In the educational environment of children and adults with ASD, in order to reduce and eliminate barriers to learning, participation and socialization, educational establishments must provide inclusive educational spaces, free of violence and discrimination for people with ASD. Likewise, it must guarantee the execution of the necessary measures for the adequate training of its officials, professionals, technicians and assistants, for the due protection of the physical and psychological integrity of these persons.
In judicial matters, care shall be taken to ensure that they are duly treated, that they must be heard and that they are given information in clear and easy-to-understand language, using signage, visual aids or pictograms, if required.
Likewise, it establishes the obligation that health, educational and banking establishments, as well as all those with large attendance, must have signs or other communication formats indicating that people with ASD must be treated with dignity and respect at all times and under all circumstances.
Leave for fathers, mothers or guardians of children with ASD
Finally, in labor matters, Law No. 21,545 added a new Article 66 quinquies to the Labor Code. This provision establishes that workers who are fathers, mothers or legal guardians of children duly diagnosed with ASD will be entitled to go to emergencies regarding their integrity in the educational establishments where they attend kindergarten, elementary or high school.
The norm adds that the time spent by these workers in the attention of such emergencies will be considered as worked for all legal purposes. The employer may not, in any case, qualify this departure as untimely and unjustified in order to configure the cause of abandonment of work established in letter a) of number 4 of article 160, or as a basis for a summary investigation or an administrative summary, as the case may be.
It also indicates that the worker must notify the Labor Inspectorate of the respective territory, regarding the circumstances of having a son, daughter or minor under 18 years of age under his legal guardianship, diagnosed with ASD.
This legal alert was prepared by the Bofill Mir Abogados labor team for informational purposes and should not be considered legal advice.
