Law 20.422

Understanding Chile's Law 20.422: Equal Opportunities and Social Inclusion for People with Disabilities

Overview

Law 20.422, enacted in February 2010, is Chile’s primary legislation ensuring equal rights and social inclusion for people with disabilities. It establishes rules to eliminate discrimination and promote accessibility across all areas of life, including employment, education, transportation, and public services. The law adopts a social model of disability, meaning it focuses on removing societal barriers rather than viewing disability as an individual limitation 124.

Key Provisions

1. Definition of Disability

  • The law defines a person with a disability as someone who has physical, mental, or sensory impairments (temporary or permanent) that, when interacting with environmental barriers, hinder their full participation in society on an equal basis with others 12.

2. Non-Discrimination and Equal Opportunities

  • Employers, schools, and public services cannot discriminate based on disability.
  • Companies with 100+ employees must reserve at least 1% of jobs for people with disabilities. Non-compliance results in fines (approx. $4,769 per unfilled quota) 124.

3. Accessibility Requirements

  • Public spaces, buildings, transportation, and digital services must be accessible. This includes ramps, elevators, sign language interpretation, and screen-reader-friendly websites.
  • "Reasonable accommodation" (adjustments like flexible work setups or assistive tools) must be provided unless it causes undue burden 14.

4. Education and Health Rights

  • Schools must integrate students with disabilities into mainstream classrooms.
  • Health services must accommodate disabilities, including early detection and rehabilitation support 313.

5. National Disability Service (SENADIS)

  • The law created SENADIS, a government body that enforces rights, provides job placement support, and coordinates disability policies 24.

Important Dates

  • Enacted: February 10, 2010.
  • Updates: Modified in 2017 (Law 21.015) to strengthen employment quotas 24.

This explanation is based on the official text of Law 20.422. For the full document, visit:
https://www.bcn.cl/leychile/navegar?idNorma=1010903&idParte=0