From Words to Acts and From Words to Laws. The Situation of Access to Employment for People with Functional Diversity in Colombia

Abstract

This article, as a result from the main research project “Constitutional precedent for people with disabilities and it’s articulation with the social inclusion and social security public policy at the local context of Bogotá d. c.” proposed to review, through a jurisprudential line, the position of the Constitutional Court regarding the access and permanence of people with functional diversity in Colombia to work in formal conditions. The results were subsequently contrasted with the review of the district public policy on access to work for people with functional diversity from 2023 to 2034, socialized through the District Conpes of December 19, 2022, and materialized through the Decree 089 of 2023, to demonstrate the progress, setbacks and pending tasks regarding access to work for people with functional diversity For this purpose, the term “functional diversity” was used in contrast to disability, to problematize the dichotomy between normal/abnormal, capable/incapable. Likewise, a brief review is made of the employability figures of people with functional diversity in Bogotá, the sectors where the highest rate of hiring of people with functional diversity is concentrated and their position regarding the pronouncements of the Constitutional Court and Politics. District Public 2023-2034.