Spain's Disability Integration Law (LISMI) Post-1978 Constitution
Classified in Law & Jurisprudence
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Measures: Legislative and Administrative Structure After the 1978 Constitution
Political transitions play a crucial role in shaping care arrangements for individuals with disabilities. Article 49 of the European Commission (EC) mandates government intervention on behalf of disabled individuals, ensuring specialized attention and protection of their rights. This reflects both prior practices and the spirit of current international standards.
Given the numerous provisions, multiple administrative bodies, and the constitutional mandate, systematizing conduct within the disability field became essential. This led to the Law on Social Integration of Individuals with Disabilities of April 7, 1982 (LISMI), along with subsequent developmental measures.
LISMI Structure
The law comprises 66 articles across 10 titles:
- General Principles
- Rights Holders
- Disability Prevention
- Diagnosis and Assessment
- Rehabilitation
- Labor Integration
- Social Services
- Other (e.g., Architectural Barrier Removal)
The law also addresses management and financing, stipulating that costs associated with services and facilities for disabled individuals will be covered by general state budgets, Autonomous Communities, and local corporations.
LISMI aims to ensure adequate personal development, integration, and the elimination of discrimination (Article 49). It guarantees access to benefits and facilities provided by both public and private non-profit organizations. This network aims to maintain strong ties between disabled individuals, their families, and their communities.
To effectively implement LISMI's principles and actions, an administrative structure has been established, with the Royal Patronage of IMSERSO and the Royal Board on Disability as key bodies.
A. The IMSERSO
As an autonomous agency of the Ministry of Labor and Social Affairs (MLSA), IMSERSO works to improve the social integration and employment of disabled individuals, as well as their mobility. The General Directorate of the Action Plan and Programs for the Disabled coordinates these actions.
IMSERSO promotes the STAR Program, which fosters professional guidance and assists with the Employment Plan for Disabled Individuals (launched in 2002). It also implements measures to improve accessibility and communication for disabled individuals, including adapting urban environments and applying new technologies.
The Center for Personal Autonomy and Technical Aids (CEAPAT) supports and coordinates these tasks, implementing comprehensive accessibility and technological developments to enhance the quality of life for all citizens, particularly those with disabilities.
B. The Royal Board on Disability
Evolving from the Royal Board of Special Education and the Royal Patronage for the Prevention and Care of Handicapped Persons, the Royal Board on Disability's current structure includes a Governing Board, chaired by the Queen. The board comprises:
- An Effective Chairman (Minister of Labor and Social Affairs)
- Three Members of the Ministry with Relevant Jurisdiction
- Two Expert Members
- A Secretary
The Royal Board's functions include:
- Promoting public and private activity
- Facilitating coordination and collaboration between public and voluntary bodies
- Providing technical support
- Encouraging research, information, and documentation