Law on Equity and Comprehensive Development for Persons with Disabilities

This Law is of public interest and has as its purpose to fully guarantee to persons with disabilities the enjoyment of their rights, to promote and provide with equity their comprehensive development within society.

The objectives of this Law are:

• 1)

  To coordinate, promote and harmonize public, private or mixed policies that are of national or international initiative that contribute to improving the quality of life for persons with disabilities;

• 2)

  To create the legal and institutional conditions that are necessary to guarantee the integration into society of persons with disabilities;

• 3)

  To ensure for persons with disabilities accessibility to their environment, health services, education, professional training and labor insertion with equal opportunities;

• 4)

  To achieve greater attention from the State and other private or mixed institutions to persons with disabilities through the policies, regulations, measures and direct actions contained in this Law, conventions, agreements and recommendations ratified or accepted by the State of Honduras and those that may be established in the future;

• 5)

  To contribute to disabled persons being incorporated into an active socio-economic life, which allows them income to satisfy their basic needs;

• 6)

  To establish with the State Secretariats and other institutions, programs of education, health and similar programs;

• 7)

  To provide special training to teachers and family members of persons with disabilities in order to help them resolve problems of coexistence and convert them into active agents of physical, mental and emotional development;

• 8)

  To promote and strengthen the formation of social organizations of and for the comprehensive development of persons with disabilities; and,

• 9)

  To facilitate access for persons with disabilities to information and communication through mechanisms appropriate to the different types of disabilities, such as sign language, braille system and audiovisual aids among others.

All rights inherent to human dignity are fully guaranteed to persons with disabilities, as established in the Constitution of the Republic, the laws, and international conventions on Human Rights ratified by Honduras.

All types of discrimination are prohibited, whether direct or indirect, that have as its purpose to treat in a different and less favorable manner a person with disabilities.

Discrimination shall be understood to exist:

• 1)

  When a person with disabilities suffers conduct of harassment that has as its object to attack against their dignity or create an intimidating, hostile, degrading, humiliating, cruel or offensive environment.

• 2)

  When a legal or regulatory provision, act of public authority, whether from any of the three (3) branches of the State, decentralized, centralized institutions or municipalities causes a disadvantage of any kind to a person in relation to others for reasons of disability.

• 3)

  When there exist contractual relationships, conventional clause or individual agreement that provide conditions that may cause particular disadvantage to a person with disabilities; and,

• 4)

  Any act or fact that harms persons with disabilities.

This Law is inspired by the principles of:

• 1)

  Self-determination;

• 2)

  Normalization; and,

• 3)

  Universal accessibility.

For purposes of this Law, the following terms are understood to mean: EQUAL OPPORTUNITIES: The recognition of equality of conditions and rights that guarantee the same opportunities for access and full participation of persons with disabilities in society, with the absence of all types of discrimination due to their disability. DISABILITY: Any type of physical, mental or sensory deficiency, which in relation to age and social environment, substantially limits the integration and realization of the activities of the individual in society, whether of a family, social, educational or labor nature. TECHNICAL AID: Assistance required by persons with disabilities to achieve better performance, ability and autonomy in the execution of their regular activities. SUPPORT SERVICE: All technical aids, personal assistance, equipment, auxiliary resources and special education services that are necessary for persons with disabilities in order to guarantee equal opportunities and achieve their improvement. SELF-DETERMINATION: The right that persons with disabilities have to decide independently their own way of life and actively participate in society, in order to be able to develop to the fullest their own personality. NORMALIZATION: The right that persons with disabilities have to be able to lead and develop a normal and similar life to that considered habitual in society, accessing the same places, spaces, goods and services that are made available to any person. UNIVERSAL ACCESSIBILITY: The conditions and facilities that must be present in physical environments, services, products and goods, as well as information and documentation in order to be understandable, usable and practicable by all persons, in conditions of comfort and security. SPECIAL EDUCATIONAL NEEDS: The needs that a person has derived from their incapacity or their learning difficulties. EARLY STIMULATION: Attention provided to the child to potentiate and develop to the maximum their physical, intellectual, sensory and affective possibilities, through systematic therapeutic programs in all areas of human development, without compromising the logical course of maturation. PREVENTION: By prevention is understood the adoption of measures in a timely manner aimed at preventing physical, intellectual, psychiatric or sensory deterioration from occurring (primary prevention) or to prevent that deterioration from causing permanent disability or functional limitation (secondary prevention). REHABILITATION: Rehabilitation is a process aimed at enabling persons with disabilities to be in conditions to achieve and maintain an optimal functional state from the physical, sensory, intellectual, psychological or social point of view, so that they have the means to modify their own lives and be more independent. ORGANIZATIONS OF PERSONS WITH DISABILITIES: Organizations of persons with disabilities are those formed by persons with some type of disability with the objective of defending their rights, their family integration, labor insertion, social awareness or other related objectives. NON-GOVERNMENTAL INSTITUTIONS THAT WORK IN DISABILITIES: All non-governmental organizations (NGOs) that have their respective legal personality and work in the area of disability. ASSOCIATIONS OF FAMILY PARENTS: Associations of family parents are those formed by parents or legal representatives of persons with disabilities, associated with the purpose of defending the rights and facilitating family and social insertion of persons with disabilities.

Persons providing services of any kind to the public shall guarantee universal access to these services, with equal opportunities for persons with disabilities.

Natural or legal persons providing habilitation and rehabilitation assistance to persons with disabilities must have all necessary support services and technical aids in accordance with the nature of the service they provide.

All public and private institutions that provide any type of support or services to persons with disabilities and their families are obligated to provide updated, truthful, understandable and accessible information regarding disability and the services they provide.

Media outlets that for any reason address, discuss or disseminate commercial advertising or any other type of advertising in relation to the subject of disability must do so always in a positive manner toward the equity of persons and with respect for human dignity. Messages or comments that are disparaging of persons with disabilities must not be issued.

The image of persons with disabilities must not be used for commercial, political or any other purpose without their consent.

It is the responsibility of the General Directorate of Development for Persons with Disabilities, in coordination with other public or private institutions, to ensure that persons with disabilities have opportunities to take advantage of their capacities, as a means to develop within society.

All members of the family must contribute to ensuring that their family members with disabilities have an appropriate family environment to develop fully and be able to integrate with dignity into society.

It is the responsibility of the legal representatives of minors and dependent adults with disabilities to provide permanent care for them under conditions appropriate for their development and physical integrity.

THE MUNICIPALITIES. The municipalities must develop their own programs to facilitate the access under equal conditions of persons with disabilities. Furthermore, they must support public and private institutions in the development and execution of programs that promote equal conditions and opportunities for the human development of persons with disabilities. SECTION II EDUCATION

ACCESS. The State through the education systems shall guarantee access to education at all levels for persons with disabilities, both in the public system and in the private system.

THE EDUCATION GOVERNING BODIES. The education governing bodies shall be responsible for ensuring compliance with the provisions of the preceding article and must formulate and incorporate into the national education system the programs that are necessary to address the requirements for technical assistance and support services for special educational needs.

EDUCATIONAL MODALITY. Persons with special educational needs shall receive their education in the regular education system, counting for this purpose with the necessary support services. When students cannot meet their needs in regular classrooms, they shall receive education in resource rooms or specialized institutions that are equivalent to the instruction received in regular centers.

EDUCATIONAL SOCIALIZATION. To ensure the success of students with special educational needs who enter the different levels of the education system, prior to the start of classes, the educational center must mandatorily provide all necessary support to familiarize the student with the teaching methodology that is imparted and with the physical environment where classes are received. A process in which parents must participate.

OPENING OF CENTERS. Every educational center that opens in the national education system must include all the physical, didactic, and curricular requirements that, according to specialized technical criteria, are necessary to serve students with special educational needs. This shall also be a requirement that private system educational centers must accredit reliably prior to obtaining their respective authorization to provide educational services.

LOCATION. The education of persons with special educational needs, in addition to being of equal quality to regular education, must be imparted in the same schedule modalities and in the center closest to the place of residence.

CONVALESCENCE SPACES. When students with special educational needs, for medical reasons, cannot temporarily attend the educational center, they shall be provided with the necessary options to promptly catch up and continue with their respective studies.

SOCIAL SERVICE. The Secretariat of State in the Office of Education and other governing bodies shall promote mandatory social service in the disability sector, promoting awareness campaigns and other activities according to their specialty.

PARTICIPATION OF PARENTS. Parents of students with special educational needs are guaranteed the right to be informed of everything related to the selection, placement, organization, and evaluation of educational services. SECTION III HEALTH

ACCESS. The State guarantees public health services offered in the different hospitals and other components of the country's health system, under equal conditions and quality for persons with disabilities. It is considered a discriminatory act to refuse to provide them or to provide them in inferior quality.

OF THE SECRETARIAT OF HEALTH. The Secretariat of State in the Office of Health, in addition to the responsibilities indicated in other laws, shall be responsible for:

• 1)

  Incorporating and developing specific annual and multidisciplinary programs for the evaluation and prevention of all situations that may cause disabilities. As well as school health programs that are necessary, in order to guarantee health and to detect in time diseases and deficiencies that may cause disabilities in students of the education system;

• 2)

  Developing throughout the country maternal and child care programs related to comprehensive child growth and development, and programs for prevention of child abuse and support to families in managing children at risk of disability;

• 3)

  Ensuring that all medical personnel and auxiliaries providing services in the health system are trained and have the necessary support equipment to serve persons with disabilities;

• 4)

  Providing women with disabilities special attention with all necessary information specific to gender, as appropriate;

• 5)

  Maintaining updated inventories with sufficient stock of medications, equipment, and special materials that are required to serve persons with disabilities; and,

• 6)

  Providing rehabilitation services in the different health regions, including home and outpatient services, which shall be provided with specialized human resources and with the necessary support services to provide adequate care.

SOCIAL SECURITY FOR ITS INSURED MEMBERS. The Honduran Social Security Institute (IHSS) shall facilitate its services to persons with disabilities, and for this purpose, must incorporate them into the Special Regime of Progressive Affiliation, in accordance with what is set forth in the Social Security Law and its Regulations.

LIFE AND MEDICAL CARE INSURANCE. Insurance companies shall not be able to deny or restrict the acquisition of life insurance and a medical care policy based exclusively on the presence of any type of disability.

BIRTH OF PERSONS WITH DISABILITIES. Public and private hospitals and other health components in charge of attending births must immediately notify the General Directorate for Development of Persons with Disabilities and the corresponding General Directorate of Health of cases of congenital persons with disabilities that they serve; likewise, when they attend cases that may determine acquired limitations, they must immediately refer them to the respective specialized services. SECTION IV WORK

RIGHT TO WORK. The State guarantees persons with disabilities throughout the country the right to dignified and adequate employment according to their personal conditions and needs.

LABOR DISCRIMINATION. Acts of labor discrimination shall be considered: adopting personnel selection criteria or establishing general working conditions inadequate to the conditions of applicants; requesting additional requirements beyond those established for any other applicant; and not hiring, on grounds of disability, when the person is qualified to perform the requested position or work.

FACILITATION OF PROCEDURES. Public or private institutions of any kind shall facilitate persons with disabilities in the exercise of their independent profession by expediting the processing of their respective requests to avoid endangering their source of income. Unnecessary or unjustified delay shall be considered an act of discrimination.

OF THE SECRETARIAT OF LABOR AND SOCIAL SECURITY. In addition to the responsibilities specified in other laws, the Secretariat of State in the Offices of Labor and Social Security shall be responsible for:

• 1)

  Promoting and supporting the participation of business organizations, unions, and organizations of and for persons with disabilities in matters of rehabilitation and labor reinsertion;

• 2)

  Managing special support measures that facilitate labor integration, which may consist of subsidies, cooperation agreements and similar mechanisms;

• 3)

  Including equitable clauses for persons with disabilities in internal work regulations, occupational health and safety;

• 4)

  Promoting the conduct of research regarding the socio-labor situation of persons with disabilities;

• 5)

  Ensuring the health and occupational safety of persons with disabilities and the prevention of disabilities resulting from occupational hazards and work accidents;

• 6)

  Establishing standards and provisions for labor relocation in companies where a worker suffers a work accident or occupational illness, provided the worker is fit to perform another labor activity;

• 7)

  Ensuring that persons with disabilities enjoy their labor rights;

• 8)

  Establishing mechanisms to guarantee the exercise of rights for persons who have or are at risk of acquiring a disability from occupational hazards when they cannot exercise the necessary actions on their own;

• 9)

  Promoting, coordinating and supporting with national and international organizations professional education so that persons with disabilities may access labor and business activities;

• 10)

  Promoting research programs, training and labor intermediation services for labor insertion;

• 11)

  Advising, in coordination with organizations of and for persons with disabilities, employers so they may adapt employment and its environment to the conditions and needs of persons with disabilities; and 12) Including in the annual operational plan concrete action measures on its work in fulfillment of its obligations related to disability matters.

EMPLOYMENT. Public administration entities and private business enterprises are obligated to hire a minimum number of persons with disabilities according to the following scale:

• 1)

  From twenty (20) to forty-nine (49) employees, one (1) person with disability;

• 2)

  From fifty (50) to seventy-four (74) employees, two (2) persons with disabilities;

• 3)

  From seventy-five (75) to ninety-nine (99) employees, three (3) persons with disabilities; and 4) For every one hundred (100) employees, four (4) persons with disabilities.

TAX INCENTIVES. The following shall be deductible from income tax: 1) Donations or contributions destined to public or private institutions working for the benefit of the disability sector; and 2) Salaries paid to persons with disabilities.

INFOP. The National Institute of Professional Training (INFOP) and the National Commission for Alternative Non-Formal Education must, in coordination with organizations of and for persons with disabilities, develop special training programs with qualified and sensitized instructors for labor training.

TECHNICAL AND REGULATORY ASPECTS. To ensure and facilitate access for persons with disabilities, new constructions, expansions, remodeling of buildings, parks, sidewalks, green areas, gardens, plazas, public roads, sanitary facilities and other public property spaces and private property spaces that involve any type of gathering and provide public services must be constructed in accordance with technical specifications that shall be issued and regulated by the General Directorate of Development for Persons with Disabilities. The municipalities, in compliance with this article, may not issue building permits that do not comply with what is established in the preceding paragraph.

ACCESSIBILITY. Housing projects must have the necessary technical requirements to facilitate access for persons with disabilities, such as: Pedestrian passages, handrails, ramps, visual, auditory and tactile signage, to be used safely by persons with disabilities, which must be included in the designs and construction plans.

ALLOCATION. Persons with disabilities or the family nucleus to which they belong, at the time of acquiring the disability, have the right to be assigned housing in an easily accessible location, such as at the beginning of the block or pedestrian area or the closest place to the public road or access entrance to the housing project.

PARKING. Parking lots open to the public must have spaces for parking vehicles driven by persons with disabilities or by those who transport them. These spaces must be more than one (1) for every twenty (20) and shall be located immediately adjacent to the main entrance. In the case of shopping centers, these must be near the entrance to customer service areas and must be properly identified with the international symbol.

PUBLIC ROADS. The municipalities must ensure and are responsible for keeping public roads and sidewalks free from holes, uncovered sewers and any other obstacle that may pose danger and restrict the mobility of persons with disabilities. Appropriate signage must also be incorporated within cities to facilitate transit for persons with disabilities.

ELEVATORS. Elevators must have access facilities, operation features, visual, auditory and tactile signage to be used with ease and safety by all persons. Buildings that do not have elevators must have ramps to facilitate access for persons with limited mobility.

ACCESSIBLE INFORMATION. Public and private institutions must ensure that information and services provided to the public are accessible to all persons with disabilities according to their individual needs.

SPECIAL INFORMATION. Persons with disabilities and their families shall have access to complete information about the diagnosis, rights, services and available programs. The information must be presented in a form that is accessible to persons with disabilities.

MEANS OF INFORMATION. The informational programs transmitted by television channels must make the information provided accessible, and must have the assistance of interpreters or written messages on the screens, to guarantee persons with hearing problems the right to information. The National Telecommunications Commission (CONATEL) must ensure that all means of information adopt the corresponding measures to make the information they offer to the public accessible.

COMMUNICATION. The operators of communication systems must guarantee all persons with disabilities access to their services. Public telephones shall be installed in places that are accessible to all persons with disabilities.

INTERNET. Internet service facilities open to the public must be located in an accessible and appropriate environment, and must have the programs and options available for use by persons with disabilities.

LIBRARIES. Libraries open to the public must have support services, such as: Personnel, equipment and adequate furniture to facilitate access for persons with disabilities. SECTION VII TRANSPORTATION

ACCESSIBILITY TO TRANSPORTATION. The General Directorate of Transportation guarantees that the operating companies of the different transportation services comply with the accessibility requirements for persons with disabilities, such as:

• 1)

  Facilitate the access of persons with disabilities and limited mobility, reserving and giving them priority physical location within the units.

• 2)

  Urban and interurban transportation buses must provide a minimum of four (4) seats for every forty-eight (48) passengers, which must be located next to the access and/or exit doors of the same, and must have international signage.

• 3)

  That transportation terminals comply with the necessary conditions to facilitate safe access to their physical environment;

• 4)

  Establish urban transportation bus stops on their different routes and taxi stands in places that facilitate access for persons with disabilities; and,

• 5)

  That bus drivers, taxi drivers and other means of transportation they use, provide their services to persons with disabilities, facilitating them and giving them treatment in accordance with their needs.

PERMITS AND CONCESSIONS FOR URBAN AND INTERURBAN TRANSPORTATION. To obtain permits for exploitation of public bus transportation, it shall be a requirement that the applicant pass a technical inspection that certifies that the units are adapted to facilitate access for persons with disabilities.

PARKING FACILITIES. The Traffic Police and municipal or administrative authorities, as appropriate, are obligated to facilitate in cities the parking of vehicles for the strictly necessary time to lower or raise persons with disabilities. In exercise of this right the driver is exempt from the fines established for parking in prohibited places. CHAPTER IV OF THE BENEFITS

DISCOUNTS. Persons with disabilities shall have the right to discounts in the following cases:

• 1)

  Twenty-five percent (25%) on urban land transportation in the bus modality;

• 2)

  Twenty-five percent (25%) on interurban land transportation in the bus modality;

• 3)

  Thirty percent (30%) on air and maritime services of national routes;

• 4)

  Fifty percent (50%) on public entertainment fares, such as: movies, theaters, stadiums or others;

• 5)

  Twenty percent (20%) on the purchase of pharmaceutical medications, with the respective medical prescription;

• 6)

  Twenty percent (20%) for general medical consultations and twenty-five percent (25%) for specialized medical consultations.

• 7)

  Twenty percent (20%) on surgical intervention services;

• 8)

  Twenty percent (20%) on services received in private hospitals and clinics;

• 9)

  Twenty-five percent (25%) on dental services, ophthalmology, clinical examinations, radiological and any computerized analysis service, prosthetics or other equipment;

• 10)

  Twenty percent (20%) in any type of hotels regardless of their category.

• 11)

  Twenty percent (20%) on individual food consumption in restaurants, according to the classification established by the Honduran Tourism Institute (IHT); and,

• 12)

  Twenty percent (20%) on musical instruments.

TAX INCENTIVES. Natural and legal persons who grant the discounts indicated in the previous article have the right to deduct from gross income, for purposes of paying income tax, one hundred percent (100%) of the amount resulting from the sum total of the discounts granted.

TAX EXEMPTION. Exempted from the payment of all tariff rights and any other tax are the imports of medical equipment and special electronic equipment that are for use by persons with disabilities, organizations of and for persons with disabilities, the latter two (2) being required to have their respective legal status.

VEHICLES. The State Secretariat of the Office of Finance is authorized to create the tariff items for the import of parts and special automotive vehicles and similar vehicles for persons with disabilities, designed and manufactured in factories with zero tariff and exempt from other import taxes. The State Secretariat of the Office of Finance shall, within six (6) months, elaborate the Regulation for the application of the content of this Article. CHAPTER V OF ORGANIZATIONS OF PERSONS WITH DISABILITIES, INSTITUTIONS THAT WORK IN DISABILITIES AND ASSOCIATIONS OF FAMILY MEMBERS

RECOGNITION. The State shall promote the creation of:

• 1)

  Organizations of Persons with Disabilities;

• 2)

  Institutions for Persons with Disabilities; and,

• 3)

  Associations of parents, family members and friends of Persons with Disabilities. The advisory role of these organizations is recognized regarding state decision-making related to the issue of disability.

OBLIGATIONS. Organizations of and for persons with disabilities must:

• 1)

  Participate in public decisions that affect them directly or indirectly;

• 2)

  Register in the registry that shall be maintained by the General Directorate of Development for Persons with Disabilities;

• 3)

  Present a report of their activities, annual planning and their respective Budget to the General Directorate of Development for Persons with Disabilities; and,

• 4)

  Develop projects in accordance with their possibilities, framed in and consistent with the objectives and provisions of this Law. CHAPTER VI OF THE GENERAL DIRECTORATE

GENERAL DIRECTORATE. The General Directorate of Development for Persons with Disabilities (DIGEDEPPDI) is created as a unit of the State Secretariat in the Offices of Government and Justice, which shall function as a decentralized body with technical, administrative and financial autonomy.

POWERS OF THE DIRECTORATE. The powers of the General Directorate of Development for Persons with Disabilities are the following:

• 1)

  Establish policies and follow up on those approved by the Social Cabinet, for the prevention, care and comprehensive rehabilitation of persons with disabilities, formulating the execution plans that are necessary to meet the needs of persons with disabilities;

• 2)

  Coordinate with the different public and private institutions programs aimed at prevention, habilitation, comprehensive rehabilitation and promotion of the rights of persons with disabilities;

• 3)

  Establish strategic alliances with local governments to materialize the objectives and provisions of this Law;

• 4)

  Develop its own programs to achieve the social integration of persons with disabilities;

• 5)

  Issue reports and technical opinions related to the issue of disability;

• 6)

  Promote the organization and participation of civil society to contribute to the social integration of persons with disabilities;

• 7)

  Execute agreements for technical cooperation and economic assistance with national and international organizations;

• 8)

  Manage access to national and international financing for associations of and for persons with disabilities for the execution of programs and projects in accordance with the services each one provides;

• 9)

  Support organizations of and for persons with disabilities with economic resources managed by the Directorate for the financing of projects promoted by these organizations for the benefit of persons with disabilities;

• 10)

  Manage and grant, with its own resources, scholarships for persons with special educational needs, so that they can pursue studies at different educational levels, within and outside the country.

• 11)

  Maintain a registry of organizations of and for persons with disabilities;

• 12)

  Issue the respective identification for the person with disabilities;

• 13)

  Create and promote protected employment programs, micro-enterprises, cooperatives and self-sustainable production workshops for the labor insertion of persons with disabilities who do not have a source of employment;

• 14)

  Promote and support the commercialization of products manufactured by persons with disabilities;

• 15)

  Know ex officio of situations of discrimination on grounds of disability and take actions through the pertinent instances;

• 16)

  Request pertinent information from public institutions regarding the execution of plans and activities related to disabilities and make the necessary recommendations to them;

• 17)

  Permanently promote programs and campaigns for awareness, training and information to ensure access for persons with disabilities to health, work, education and all aspects necessary for their development within society;

• 18)

  Conduct and coordinate research with public and private institutions on the different disabilities and the socio-economic status of the disabled population;

• 19)

  Provide legal services to defend the rights of persons with disabilities and ensure effective compliance with this Law; and,

• 20)

  The other functions that fall within its scope of competence. CHAPTER VII OF ORGANIZATION

THE ORGANIZATION OF THE DIRECTORATE. The General Directorate of Development for Persons with Disabilities shall be composed of:

• 1)

  A General Director;

• 2)

  A Sub-Director;

• 3)

  A Registry Secretary;

• 4)

  Planning Units;

• 5)

  Technical Units; and,

• 6)

  Advisory Council. CHAPTER VIII OF THE DIRECTOR AND SUB-DIRECTOR

The General Directorate of Development for Persons with Disabilities shall be headed by a Director and a Sub-Director, who shall be appointed by the President of the Republic upon the proposal of the Secretary of State in the Offices of Governance and Justice, from a list of five (5) candidates that shall be presented by the Advisory Council. In at least one of the two (2) positions indicated in the preceding paragraph, a person with a disability must be appointed.

REQUIREMENTS TO BE DIRECTOR AND SUB-DIRECTOR. To be Director and Sub-Director, the following is required:

• 1)

  To be Honduran by birth and in the exercise of civil rights;

• 2)

  Preferably a university professional;

• 3)

  To have proven experience in the area of disabilities; and,

• 4)

  To be in good standing with the State.

FUNCTIONS OF THE DIRECTOR. The functions of the Director are:

• 1)

  To comply with and ensure compliance with the provisions of this Law and respective regulations;

• 2)

  To exercise the administration and legal representation of the Directorate;

• 3)

  To prepare the budget proposal for the Directorate, as well as its liquidation, for which the opinion of the Advisory Council must be taken into consideration;

• 4)

  To submit quarterly reports and an annual summary of management with a copy to the Advisory Council;

• 5)

  To contribute to and coordinate with the Social Cabinet in the formulation, implementation and development of national policies for attention to persons with disabilities;

• 6)

  To propose the appointment, dismissals and other related aspects concerning the personnel of the Directorate of Development for Persons with Disabilities;

• 7)

  To promote legal, administrative and financial agreements to improve the quality of life of persons with disabilities;

• 8)

  To place the resources of the Directorate of Development for Persons with Disabilities, with prior authorization of the Advisory Council, in banking institutions that offer the greatest investment advantages at fixed terms provided they are safe and profitable;

• 9)

  To resolve complaints presented against subordinates;

• 10)

  To delegate specific functions to the Sub-Director;

• 11)

  To participate in sessions of the Advisory Council with voice but without vote; and,

• 12)

  Any other functions designated by this Law and other laws.

FUNCTIONS OF THE SUB-DIRECTOR: The functions of the Sub-Director are: 1) To substitute the Director in the performance of functions in case of temporary absence; and, 2) To coordinate with the Director the functioning of the Directorate of Development for Persons with Disabilities; CHAPTER IX OF THE ADVISORY COUNCIL

OF THE ADVISORY COUNCIL. As an auxiliary body of the General Directorate of Development for Persons with Disabilities, an Advisory Council is created, composed in the following manner:

• 1)

  A representative of the Secretary of State in the Office of Health;

• 2)

  A representative of the Secretary of State in the Office of Education;

• 3)

  A representative of the Secretary of State in the Offices of Labor and Social Security;

• 4)

  A representative of the Secretary of State in the Offices of Public Works, Transportation and Housing (SOPTRAVI);

• 5)

  A representative of the Honduran Fund for Social Investment (FHIS);

• 6)

  A representative of the National Commissioner of Human Rights;

• 7)

  Three (3) representatives of persons with disabilities;

• 8)

  Two (2) representatives of networks working on the disability issue; and,

• 9)

  Two (2) representatives of associations of parents with children with disabilities.

OF THE REPRESENTATIVES OF PUBLIC INSTITUTIONS. The appointment of the representatives of the public institutions mentioned in Article 62 shall be the responsibility of the respective Secretary of State, who shall notify the Secretary of State in the Offices of Governance and Justice of the name of the person representing it before the Advisory Council no later than five (5) days after this law enters into force.

ELECTION OF MEMBERS OF NON-GOVERNMENTAL INSTITUTIONS. The members of the non-governmental institutions referred to in Article 62 shall be elected in assemblies and shall be accredited with a copy of the respective Minutes.

FUNCTIONS OF THE ADVISORY COUNCIL. The functions of the Advisory Council are the following:

• 1)

  To assist the General Directorate of Development for Persons with Disabilities in the fulfillment of its attributions;

• 2)

  To monitor the actions carried out by the General Directorate of Development for Persons with Disabilities;

• 3)

  To serve as a link where necessary between the General Directorate of Development for Persons with Disabilities and organizations of and for persons with disabilities and civil society;

• 4)

  To formulate proposals to the General Directorate of Development for Persons with Disabilities, for the benefit of persons with disabilities; and,

• 5)

  To organize itself, establish its work schedule internally for its operation. CHAPTER X FINANCIAL REGIME

For its operation, the General Directorate of Development for Persons with Disabilities shall have:

• 1)

  The budget line item assigned annually in the General Budget of Income and Expenditures of the Republic;

• 2)

  At least two percent (2%) of the funds from the Strategy for Poverty Reduction, allocated to the line item for special groups, to cover programs that benefit the sector of Persons with Disabilities;

• 3)

  Income from a new Lottery called the "Solidarity Lottery for Persons with Disabilities." It is a type of lottery different from those legally authorized in the country. This lottery is the main source of income for this General Directorate, and for the purpose of not incurring further State expenditures for this purpose, it must negotiate the issuance, administration and commercialization of said lottery with the legal entity authorized by Decree No. 173-2000 dated October 24, 2000 for an initial term of ten (10) years, renewable in exchange for a commission exclusively in its favor applicable to gross income collected from the sale of said lottery. The operation of this lottery must be regulated by Regulation, which must be issued by the Secretary of State in the Offices of Governance and Justice within no more than sixty (60) days after the negotiation;

• 4)

  Inheritances, bequests and donations that proceed in accordance with law;

• 5)

  Other activities of self-management and sustainability; and,

• 6)

  Other income of lawful origin. CHAPTER XI OF SANCTIONS

CRIMINAL SANCTION. The person who commits any act of discrimination as indicated in this Law shall be sanctioned with the penalty established in Article 321 of the Penal Code.

ADMINISTRATIVE SANCTION. The General Directorate of Development for Persons with Disabilities is authorized to impose a fine ranging from two (2) minimum salaries to fifty (50) minimum salaries, at the maximum current rate, on the natural or legal person who fails to comply with any of the provisions established in this law, to the detriment of the rights of persons with disabilities. To determine the specific sanction between the minimum and maximum indicated, the severity and effects of the action or omission must be taken into account, whether it was committed while abusing public power, the recidivism of the offender, and their economic capacity.

TRAFFIC FINES. The driver of a vehicle parked in spaces reserved for vehicles transporting persons with disabilities shall be fined an amount equivalent to twenty-five percent (25%) of the minimum salary. The same fine applies to urban transportation drivers who fail to comply with the provisions of Article 50, numeral 2). The General Directorate of Traffic shall inform the General Directorate of Development for Persons with Disabilities of the application of the fines.

DESTINATION OF FINES. The amount collected by means of the fines established in the preceding articles shall be deposited with the General Treasury of the Republic no later than within the first five (5) calendar days of the following month in which the collection was executed. CHAPTER XII REMEDIES

THE APPLICABLE REMEDIES. Against administrative resolutions issued in application of this law, the remedies provided for in the Administrative Procedure Law are available. Once the administrative proceedings are exhausted, the administrative contention action shall proceed, which must be conducted in accordance with the provisions of the respective law. CHAPTER XIII FINAL PROVISIONS

APPROPRIATIONS. The State Secretariat in the Office of Finance must maintain the budgetary appropriations heretofore granted to meet the needs of different centers working in the sector of persons with disabilities, according to Resolution No. 235 issued by the State Secretariat in the Office of Finance, on July 1, 2002, without prejudice to other appropriations or subsidies that may be granted or could be granted.

TECHNICAL UNITS. The State Secretariats and other public institutions that by their nature are related to the application of this Law must have specialized units for the attention and execution of their programs and projects directed at persons with disabilities, and must coordinate their actions with the General Directorate of Development for Persons with Disabilities.

ORGANIZATION ACCORDING TO NEEDS. The Secretariat of Registration, the Planning Unit, and the Technical Unit shall be organized according to the needs that arise in the Directorate, following the general spirit of this Law.

SOLIDARITY LOTTERY. For the purposes set forth in Article 70, numeral 3), the Solidarity Lottery for Persons with Disabilities is hereby created, with the purpose of financing the activities programmed by the General Directorate of Development for Persons with Disabilities, whose funds shall be managed in a special account in favor of the same, in an institution of the National Financial System. The Directorate of Development for Persons with Disabilities shall be the entity responsible for administering and regulating the operation of the Solidarity Lottery. CHAPTER XVI TRANSITORY PROVISIONS

COMMENCEMENT OF OPERATIONS. The General Directorate of Development for Persons with Disabilities shall commence operations as of January 1, 2006, for which purpose the corresponding administrative procedures and budgetary appropriations must have been made. For the purposes of this Law, the State Secretariat in the Office of Finance must establish the corresponding item in the next General Budget of Income and Expenses of the Republic.

ADAPTATION OF BUILDINGS. Public and private institutions already in existence, in order to comply with the provisions of Article 38, must adapt their buildings by adopting the necessary measures to ensure accessibility of persons with disabilities, within a maximum period of three (3) years from the effective date of this Law.

REGULATIONS. The State Secretariat in the Offices of Government and Justice shall regulate this Law at the proposal of the Directorate of Development for Persons with Disabilities, within a period not exceeding ninety (90) days from the effective date of this Law.

REPEAL. The following legal provisions are hereby repealed: Decree No. 184-87 dated November 18, 1987, which contains the LAW ON HABILITATION AND REHABILITATION OF PERSONS WITH DISABILITIES; and, Decree No. 17-91 dated February 26, 1991, which comprises the LAW ON EMPLOYMENT PROMOTION FOR PERSONS WITH DISABILITIES.

EFFECTIVE DATE. This Law shall take effect twenty (20) days after its publication in the Official Gazette La Gaceta. Done in the city of Tegucigalpa, Municipality of the Central District in the Chamber of the National Congress, on the twenty-fourth day of the month of May of two thousand five. PORFIRIO LOBO SOSA PRESIDENT JUAN ORLANDO HERNÁNDEZ A. SECRETARY ÁNGEL ALFONSO PAZ LÓPEZ SECRETARY To the Executive Branch. Therefore: Execute. Tegucigalpa, M.D.C. September 30, 2005. ALBERTO DÍAZ LOBO PRESIDENT OF THE REPUBLIC, BY LAW THE SECRETARY OF STATE IN THE OFFICES OF GOVERNMENT AND JUSTICE JOSÉ ROBERTO PACHECO