LAW No.

763

The President of the Republic of Nicaragua

Its inhabitants, Know:

that,
THE NATIONAL ASSEMBLY

Has ordered the following

LAW OF THE RIGHTS
FOR PEOPLE WITH DISABILITIES

CHAPTER I

GENERALS DISPOSITIONS

(Article 1)
Object and purpose. - This law aims to establish the legal framework and warranty to the promotion, protection
and ensuring the full enjoyment and equal conditions for all human rights of persons with disabilities, respecting
their inherent dignity and ensuring overall human development of these persons, in order to to equate their
chances of inclusion in society, without discrimination and improve their standard of living; ensuring full
recognition of human rights contained in the Constitution of the Republic of Nicaragua, laws and international
instruments ratified by Nicaragua in the disability field.

(Article 2)
Field of application. - This Act applies in all public sector institutions in the field of their competence and
regarding the responsibilities of action created by the same under the general policy framework aimed at
people with disabilities. Also, is applicable to the private sector and society as a whole regarding the culture of
full respect for human rights of persons with disabilities.

Of public interest is the creation and implementation of strategies and policies of the State in favor of the
integral development of persons with disabilities in equal opportunity and conditions than the rest of society and
inclusive application throughout the country.

(Article 3)
Definitions. - For the purposes of this Act, the following definitions shall apply:

Universal accessibility: is the condition to be met the environments, goods, processes and services, as well as
information, communication and information technologies, the objects or instruments, tools and devices, to be
comprehensible, usable and playable by everyone in safe conditions and comfort and more autonomous and
natural as possible, both in urban and rural areas.

Reasonable adjustments: are modifications and necessary adaptations and individual proper to require persons
with disabilities, to ensure the full exercise and enjoyment of their human rights and fundamental freedoms.

Autonoma Individual: es el reconocimiento del derecho que las personas con discapacidad tienen para tomar
decisiones en forma independiente sobre su propia forma de vida y participacin activa en la sociedad segn
su condicin fsica y mental.

Self validism: is defined by the ability to care for himself; allowing people with disabilities to gain knowledge of
how to enhance and develop their full physical functions, mental or sensory to unfold and working in society
independently.

Technical assistance or support services: is the assistance required by persons with disabilities to act inclusively in
the society, developing their skills to achieve their functionality and better performance, promoting their
autonomy in the implementation of its main and regular activities. Between these we have personal assistance,
equipment and technological devices and auxiliary aids, for enabling, rehabilitate or compensate for one or
more functional, motor, sensory or intellectual limitations of people with disabilities.

Physical and attitudinal barriers: are environmental, physical, intellectual and cultural barriers put in place by
society, impeding development, adaptation and inclusion of people with disabilities inside the Community;
thereby denying them opportunities that would allow them to enjoy autonomy or independent living.

Communication: languages included, display of text, Braille Writing System, tactile communication, the
microtypes, multimedia devices easily accessible, hearing systems, the simple language, digitized voice media
and other modes, medias and augmentative and alternative communication, including information technology
and easily accessible media. The term language both spoken language and sign language and other forms of
nonverbal communication.

Social consciousness: is to make the society aware of the human and productive value which have persons
with disabilities and be respected. Thus, every time you speak or use the issue of disability, must be lodged
reinforcing the dignity and equality of human beings.

Deficiency: is any limitation or acquired or congenital disorder that affects the mental or physical sensory
functions of individuals. Degree of anatomical, physiological, histological affectation of organic systems of
persons.

Inclusive development: refers to the development and implementation of permanent form of policies, plans,
programs and projects and actions for socio-economic and human development that target and make
possible the full enjoyment of civil, political, economic, social and cultural rights for people with disabilities.

Disability: is the result of the interaction between the person with deficients and his disabling environment.
Disability is framed in the latent and perpetual barriers enforced by society, that make it impossible for persons
with disabilities to access the social life in active, passive, direct or indirect, like another human being, therefore
disability is not something that lies in the person as a result of a deficiency.

Discrimination based on disability: is any disadvantage, legal dispositions, administrative or regulatory act or
fact which injures, exclude, restrict, obstruct or render ineffective the recognition, enjoyment or exercise, on
equal terms, of all human rights and fundamental freedoms in the political, economic, social, cultural, civil or
any areas of persons with disabilities, both men and womenIncludes all forms of discrimination including denial
of reasonable accommodation, in other words, no conditioning for the enjoyment and the full enjoyment of all
rights; and the intimidating, hostile, degrading, humiliating, cruel and offensive behavior directed at persons with
disabilities.

Equity: is the inherent principle of justice; democratic distribution of goods, services, wealth, income of a society,
to the equalization of opportunities for persons with disabilities; It is a condition that prevent social groups are
unfairly advantaged to the detriment of another social group.

Equalization of opportunities: is the process of adjusting the environment, services, activities, information,
communication, documentation, so that people with disabilities have access to fully enjoy of all their rights and
opportunities.

Early learning: is the care provided to a child with alterations in their development from birth to age of six, to
enhance and develop their full physical potential sensory and affective, intellectual, through systematic and
sequenced covering all areas of human development, without forcing the natural course of maturation.

Integral habilitation: is meant by the coordinated application of a group of medical actions, psychological,
educational and occupational, for a specified period, which allow people with congenital disabilities develop
their maximum level of functionality, potential and thus make possible quality of life, self-management and
social inclusion.

Equal opportunities: are equating processes, adaptations, adjustments and improvements needed in the legal,
social, cultural and environmental goods and services, to ensure that persons with disabilities (men and women)
enjoy equal opportunities and the rest of the population to access and participate in society.

Interculturalism: means to live and interact with different cultures in the same geographical and social space
with persons with disabilities, overcoming communication barriers, tolerating and respecting them, accepting
and recognizing their different way of thinking, feeling, ancestral forms of organization, national origin, religious
cosmovision and political opinion of people with disabilities.

Organizations of persons with disabilities: are all those social organizations constituted for the care, attention
and protection of the rights of persons with disabilities or seeking support and facilitate their participation in
policies and actions in favor of persons with disabilities.

Auxiliary means: are the resources that the disabled person requires to strengthen their physical abilities,
prosthetics, orthotics, eye, wheelchairs, orthopedic pillows, orthopedic shoes, hearing aids including batteries,
crutches, white canes, special glasses and other instruments arising from technological progress .

No Discrimination: is the prohibition of all forms of discrimination in any legal, administrative or regulatory
provision, or any act or conduct of a public authority of any of the branches of government, centralized
institutions, decentralized by functions or decentralized territorial base, as well as private family companies,
organizations and political, social, community, and its object is treated differently and less favorable to persons
with disabilities placing them at a disadvantage because of any disability.

Full and effective participation in society: is the recognition of the rights of participation in public and private
spheres in the social, political, religious, cultural, community and family of people with disabilities.

People with disabilities: are those who have physical, mental or sensorial deficiencies long-term interaction with
various barriers may hinder their full and effective participation in society on an equal basis with others.

People with severe disabilities: are people who are severely difficulties or are unable in performing their
everyday basic activities by requiring support or care of another person, without possibility or prospect of
overcoming the limitations they have, such as: total blind, paraplegic, quadriplegic, intellectual disability: severe
mental retardation, schizophrenia, infantile cerebral palsy, double amputations of the upper limbs and lower
limbs.

Prevention: The adoption of measures aimed at preventing physical, intellectual, mental and sensory
deficiencies occur.

Integral rehabilitation: is the process by which the disabled person uses resources and procedures in the areas of
health, education, labor, social welfare and others, in order to reduce their limitations, develop their potential,
improve the quality of living, Self validism and integration society.

Respect for the inherent dignity: means to guarantee persons with disabilities the recognition of all rights inherent
to human dignity and the equal valuation has both men and women who deserve respect and protection of
their human rights and fundamental freedoms contained in the Constitution of the Republic of Nicaragua, the
laws, international human rights instruments ratified by Nicaragua.

Respect the evolving capacities of children and adolescents with disabilities: means to preserve and develop
the identity of the child, create and implement national and local public policies for prevention, comprehensive
care and special protection to persons under eighteen.

Respect for the process of human development: means to recognize and promote the maximum development
of the faculties, physical abilities, intellectual, sensory and affective for people with disabilities across their life
cycle: childhood, adolescence, youth, adulthood and older adulthood.

Braille Writing System: is a communication system represented by signs in relief tactually read by the blind.

Guarantee of the right: is to provide legal protection for preferential basis to persons with disabilities by being in
economically disadvantaged conditions of cultural, political, social and, thereby seeking to comply with the
principle of equality guaranteed by the Constitution of the Republic of Nicaragua.



Gender Violence: is violence against women because of their status as women that goes from discrimination,
contempt and exclusion to psychological physical aggression and crimes against the life occur in different
areas of family, work, education, community living, including other.



(Article 4)
Values. - The public policy of the State in favor of the human rights of persons with disabilities should be guided
by the following principles:

1. No discrimination;

2. The recognition and acceptance of disability as part of human diversity;

3. Equality between men and women;

4. Equal opportunity to the full and effective participation in society;

5. The inclusion of participation in activities related to the development of government policies and private
actions and programs for people with disabilities;

6. Respect for the evolving capacities of children and adolescents with disabilities and their right to preserve
their identity;

7. The universal accessibility;

8. Access to justice on an equal basis with others under the protection of the right;

9. Development and applicability in the territories to regionalize and municipalise the government policies in
favor of the rights of persons with disabilities;

10. The gradual, progressive and effective application of established policies and actions, and other
fundamental principles established in the Constitution of the Republic of Nicaragua; and

11. The full exercise of civil, political, social, economic, cultural, business and family rights, enshrined in the
Constitution of the Republic of Nicaragua, are basic guarantees for the purposes of this Act.

(Article 5)
no discrimination. - The state is obliged to ensure and promote the full realization of all human rights and
fundamental freedoms of persons without discrimination on grounds of disability, with the full and active
participation of private enterprises, social structures, communities, families, disabled people and their
organizations.

The State shall promote and ensure the implementation of laws, administrative regulations that directly or
indirectly strengthen the principle of non-discrimination.

(Article 6)
Resource Planning. - Corresponds to all entities and State agencies incorporate into their respective budget
proposals specific financial headings to ensure the implementation and enforcement of the rights of persons
with disabilities. The Ministry of Finance shall ensure the effective implementation of this provision.

(Article 7)
External Funds. - The State will manage funds of international cooperation in conjunction with the fiscal effort
that guarantees the application of these funds.




(Article 8)
Of the rights. - The rights under this Act are recognized to all persons with disabilitieswithout distinction of ethnic
or national origin, gender, age, social status, health status, religion, opinion, marital status, or any other that goes
against their dignity all within the framework of gradual escalation and shares the principles established in this
Law.


CHAPTER II

ACCESSIBILITY

(Article 9)
Of constructs. - The State, through their Ministries, decentralized autonomous entities and municipal
governments, ensure that all new public and private buildings for public use, comply with the specifications that
enable persons with disabilities to access and use all available environments. These buildings should be
equipped with visual, auditory and tactile signals to help people with disabilities to be oriented in the same.

For existing buildings, they must adapt to the use of people with disabilities gradually, as be established in the
regulations of this Law.

For this purpose will be mandatory the Technical Standard No. 12006-04 "Nicaraguan Mandatory Technical
Standard Accessibility for all those who for various reasons are permanently or temporarily in situations of limited
or reduced mobility", published in La Gaceta , Official Journal No. 253 of December 29, 2004, whose provisions
become an integral part of this law and in the rest of this Act shall be designated as NTON No. 12006-04.

(Article 10)
About information services and states of emergency. - Public and private institutions are obliged to ensure that
the information and services provided to the public, are presented in formats accessible to all persons with
disabilities, giving priority to information concerning states of emergency.

The State shall ensure the safety of persons with disabilities in situations of risk, including situations of armed
conflict, humanitarian emergencies and natural disasters.

(Article 11)
Of access roads. - and the Ministry of Transportation and Infrastructure according to their competition must
ensure that transit routes and public use areas, be free of obstructions that restrict the free movement of persons
with disabilities and the required and appropriate visual signaling hearing and touch to facilitate the transit of
persons with disabilities.

For this purpose will be mandatory the NTON No. 12006-04.

(Article 12)
Of the physical access to cultural, sporting and recreational activities. - The municipal governments according
to their competition, public companies and private institutions should ensure that in the show rooms of sports,
recreational and cultural activities reserved spaces that provide the right conditions for people with disabilities
enjoy the same are intended.
(Article 13)
Access to transportation. -The Ministry of Transport and Infrastructure and municipal governments, according to
their competence, shall promote measures to create access conditions to means of land, air and water
transport of persons with disabilities must be marked with the international symbol of accessibility.


(Article 14)
Discounts on travel costs. - People with disabilities will enjoy a discount of fifty percent or differential rates prices
in urban public transport services that do not have subsidies already granted by the state or special tariff
regulations, and not less than thirty percent discount on the value of the passages suburban, domestic shipping
or air transport. Discounts on domestic long distance passages, air or sea transport for people with disabilities
shall be assumed by the private sector within the framework of corporate social responsibility policy-

To enjoy these benefits, people with disabilities should be identified with the appropriate license issued by the
Ministry of Health.

(Article 15)
The transport sector and the human treatment of people with disabilities. - Bus drivers and assistants, taxi drivers
and other transportation that provide services to the people with disabilities should give them a humane and
dignified treatment, helping them when boarding and leaving the transport units.

(Article 16)
Of television news programs. -Informative programs broadcast on public or private television should have
interpreters or written messages in a box, to ensure that people with hearing impairments have access to timely
information.

(Article 17)
Access to information systems and communications technologies. -The State has the obligation to promote
access to information systems and communications technologies, such as the use of sign language, braille
system, modes, and augmentative and alternative communication, including the global computer network or
Internet at all stages of life of the disabled person. The State shall guarantee to persons with disabilities access to
websites of public institutions according to international standards.

(Artculo 18)
Animal or human assistance. - People with disabilities have the right to human or animal assistance or
intermediaries, including guides, readers and interpreters of sign language.

(Article 19)
The use of libraries. - The State shall ensure that public and private libraries of public use have support services
such as personnel, equipment and appropriate furniture to facilitate access to information for people with
disabilities.

(Article 20)
Of the installation of public telephones. - It is the responsibility of companies that offer telephone service, install
public telephones in accessible locations, and promote sales of telephone sets in formats to be used
independently by people with disabilities, all this based on possibilities, capabilities and corporate development
of these companies.

(Article 21)
The actions of the Ministry of Transport and Infrastructure and municipal governments in favor of accessibility. -
The Ministry of Transport and Infrastructure and municipal governments, according to their competence, shall
take action to ensure and promote priority insertion of new units of public transport, be they state, private or
cooperative ownership, which comply with the provisions in legal instruments, standards and international
instruments relating to accessibility. All based on the principle of gradual and progressive content in this law.


















CHAPTER III

OF THE CIVIL AND POLITICAL RIGHTS


(Article 22)
Of the inscription in the Public Registry of Persons. - People with disabilities and specifically childrenS have the
right from birth to be placed by their parent in the Public Registry of Persons. The adolescents, youth and adults
with disabilities who have not been registered in the Public Registry of Persons have the right to register without
paying a fine.

(Article 23)
Freedom of movement. - The State has the obligation to ensure to persons with disabilities the exercise of their
right to freedom of movement without restriction based on disability.


(Article 24)
Of full legal capacity. - The State recognizes the legal capacity of persons with disabilities, this implies, among
other things, that they are entitled to be recognized as persons under the Law on equal terms like any other
human being, to sign contracts, to represent itself , and heiress to own property, to control their own financial
affairs, access to loans and encumber its assets. The mechanisms for the exercise of these rights are established
in the laws of matter..

(Article 25)
The right to be protected. - The state must create conditions for the rights of people with disabilities be
respected, to be protected against discrimination, exploitation, social violence, particularly domestic and
sexual violence and abuse, torture, neglect, abuse and cruel, inhuman or degrading treatment, and to
intervene and precede the human right violated any circumstances above penalties.

(Article 26)
The right to liberty and security. - The state must respect and ensure that the rights of freedom, security are
respected, and that the existence of a disability does not in any case justify a deprivation of liberty. This should
be done according to law and not in an arbitrary manner respecting the physical and mental integrity of the
person with disability.


(Article 27)
The right to privacy. -The state must respect and ensure that the right to privacy of persons with disabilities is
respected, should not be subjected of arbitrary or unlawful interference with his privacy, family life, home,
correspondence or other communication, or assaults against their honor, reputation and moral integrity.

(Article 28)
The participation in political and public life. - The state must ensure the free participation of persons with
disabilities in political and public life, either choosing or being elected to serve as public officials or employees.

The right to choose includes casting their secret voting in elections, referendums or plebiscites or as needed,
independently or assisted by another person of their choice in accordance with Article 119 of Law No. 331, "Ley
electoral ".

They also have the right to organize or participate in organizations and associations representing them
domestically and internationally, under the laws and international instruments.

(Article 29)
Access to exercise voting. - The State must promote and prioritize access for disabled people to the voting
centers and the use of material in all electoral systems, languages and modes of communication for people
with disabilities enjoy the right to universal suffrage, secret and direct.



(Article 30)
The right to expression. -People with disabilities have the right to express themselves, to give their opinion and
information about political, civil, social, economic matters, in the appropriate language and accessible formats
and topics including the use of modern technology.

(Article 31)
The right to contract marriage, to establish a home, to decide on their fertility and not be separated from their
children. - People with disabilities have the right to marry, to form a home, to decide their fertility: the parents
with disabilities are not separated from their children, except when competent authorities, subject to judicial
review determine in accordance with the law that the separation is in the best interests of the child or
adolescent.
(Article 32)
Of the rights of children and adolescents with disabilities. -Children and adolescents with disabilities have the
right that his life and physical, mental and moral integrity has to be respected; not to be hidden, not to be
abandoned and not be segregated from his family. To do this should be provided information, services and
general support to children and adolescents with disabilities and their families.

When the family can not take care of a child or adolescent with disabilities, the State, through the Ministry of
Family, Youth, must guaranteed protection and due attention for these childrens.

(Article 33)
The right to judicial proceedings without disability discrimination. - People with disabilities have the right to a
judicial proceedings without discrimination and with all the guarantees established in the Constitution of the
Republic and the laws, and forms and languages of communication commensurate with the types of disability
are used. To this purpose the disabled person has the right to propose his interpreter at the presiding judge when
appropriate.

The state should empower the public officials and employees comprising the administration of justice in the
treatment and human rights of persons with disabilities.

The Judicial Branch shall establish all conditions to ensure the implementation of a fair, equitable and
guaranteed for the disabled process.



CHAPTER IV

OF LABOR RIGHTS

(Article 34)
The right to work on equal terms. - The State, through the Ministry of Labor is obliged to ensure that
persons with disabilities can work on equal terms with other people and enjoying their rights.

The Ministry of Labor also comply with the provisions of law, must enforce employers to make
reasonable adjustments, adapting the environment and working conditions based on the needs of
people with disabilities to exercise their labor rights and to verify promotions and job promotions are
given equal opportunities, taking into account the capacity and performance within the company,
regardless of the reasons related to disability.

Under no circumstances may discriminate against people with disabilities, to apply for a position in the
Civil Service, having assessed only the ability of the contestant or the post for the performance
thereof.




(Article 35)
Of the support measures for the labor insertion. - The State through the Ministry of Labor, National
Institute of Technology, Nicaraguan Institute of Social Security and other public institutions, support the
employment of people with disabilities through policies technical and vocational training individually
and collectively, the self-employment, promoting business opportunities, development of
cooperatives and starting one's own business.

The Ministry of Labor will manage the special support measures, such as vocational training, grants,
cooperative agreements to facilitate the employment of people with disabilities, as well as social and
labor research to improve the integration and improvement of their working conditions.

(Article 36)
Of labor contracts. - People with disabilities, under the principle of equal opportunities and based on
the nature of labor hire business, have the right not to be discriminated against because of their
status, to apply for a job. In the job interview, the employer shall take into account only the necessary
activities to fulfill the job that he is choosing, on an equal basis with other candidates or other
capabilities to the required position.

The Ministry of Labor will ensure that all institutions and national companies, local, state and private
that have fifty or more employees, include at least two percent of people with disabilities in their
respective lists. For companies with more than ten employees and payroll less than fifty must employ
at least one person with a disability.

(Article 37)
Access to credit. - The State will prioritizer persons with disabilities in social and economic access to
credit programs, including existing national and municipal programs. Similarly, regional and municipal
governments to include persons with disabilities in such programs and local development agendas.


CHAPTER V

OF THE RIGHTS TO EDUCATION

(Article 38)
The right to a free and quality education. - The Ministry of Education, the National Institute of
Technology, the National Council of Universities and the National Evaluation and Accreditation
Council in their respective competences, shall guarantee to persons with disabilities to exercise their
right to free and quality education in an inclusive system in all levels of education and throughout life,
all in order to promote respect for human rights, equality between men and women, human diversity,
the environment and developing human potential, self-esteem, personality , the talents, the creativity
of people, mental and physical abilities.
(Article 39)
Of schooling. - People with disabilities were educated in the general education system, receiving
support programs and resources as needed.

Will be taught in special schools, temporarily or permanently, only those children and adolescents with
severe disabilities who can not benefit from the general education system and in accordance with
the provisions of this Act and its regulations.





(Article 40)
Of special education. - Special education is a comprehensive, flexible and dynamic process, which is
conceived for your custom application and includes the various levels and stages of the education
system, particularly those considered compulsory and free; promoting integral development,
facilitating the acquisition of skills and abilities , aimed at achieve a greater social integration of the
disabled person.

Specifically, special education aims at achieving the following objectives:

1. The acquisition of knowledge and habits that will equip themselves with more autonomy;

2. The promotion of all abilities of children and adolescents for the harmonious development of their
personality, and

3. The previously referred preparation should provide relevant knowledge as a basis for access to
regular education.

(Article 41)
Technically qualified personnel. - Special education, in terms of the integration process of different
activities, must have the appropriate interdisciplinary technical staff, acting as a multidisciplinary
team, ensuring diverse attention that every person with a disability requires.

The State will request to the National Council of Universities and the National Technological
Institutethe, the creation of careers and curriculum necessary because technically or professionally to
train teachers in the different languages of communication, attention and appropriate to provide
special education methodologies.

All personnel, through the various professions and at all levels, involved in special education must
have, in addition to appropriate professional title to their respective function, specialization,
experience and aptitude necessary.

(Article 42)
Of teaching methods and pedagogical tools. - The Ministry of Education, the National Institute of
Technology and universities coordinated by the National Council of Universities must employ teachers,
including teachers with disabilities, who know the system of writing Braille, alternative script,
augmentative and alternative formats of communication; incorporated into the national education
system teaching methods and pedagogical tools.

For teaching people with hearing problems, will be used the language recognized by the Law No.
675, " Ley del Lenguaje de Seas Nicaragense", published in La Gaceta No. 75 of April 24, 2009 in all
educational levels, notwithstanding the use of other communication mechanisms using every deaf
person individually.
(Article 43)
Participation of parents and people with disabilities in educational services. - The Ministry of
Education shall ensure that persons with disabilities and / or parents or guardians of students with
disabilities the right to participate in the organization and evaluation of educational services and
escort their children or family members with disabilities, to be informed in everything related to the
selection, location, organization and evaluation.





(Article 44)
Education and conscience formation about the rights of persons with disabilities. - The State shall
guarantee, through the Ministry of Education and will request to the National Council of Universities
within the national education system through programs and projects, the creation of educational
curriculum system and methodologies for education, training and awareness about the rights of
persons with disabilities and the creation of an inclusive society, promoting the dignity and equality of
all people.

(Article 45)
Access to technical and higher education. - The Ministry of Education should ensure the training of
people with disabilities suitable for admission to technical and higher education, creating for this
inclusive policies, coverage programs, quality of education and scholarship programs.

For its part, the National Technology Institute and universities should prioritize access for disabled
students with limited financial resources to scholarships and materials needed in order to support their
studies

(Article 46)
The responsibilities of educational institutions. - The Ministry of Education, the National Technological
Institute and the National Council of Universities are primarily responsible for ensuring the educational
rights of persons with disabilities, in coordination with other institutions. Relevant actions in each of
these institutions in order to promote inclusion and quality education of persons with disabilities in all
cycles of life (childhood, adolescence, youth and adulthood) will be taken, so that they learn the skills
techniques and professions to develop socially and economically.



CHAPTER VI

OF THE RIGHT TO HEALTH

(Article 47)
The right to free, specialized and quality health. - People with disabilities are entitled to enjoy the
highest standard of health. The State, through the Ministry of Health and other public institutions are
obliged to assure the exercise of the right to free health, quality, human warmth, affordable and
relevant specialized according to the type of disability in order to give them the best care in health
services.

The Ministry of Health will provide preferential treatment to people with disabilities with the same
quality on the basis of a free, informed, instructing the professional, technical and skilled personnel.
Will train and sensitize on human rights, dignity, autonomy and needs of persons with disabilities, plus
training and promulgation of ethical standards for health care in the public and private sectors will be
provided.
(Article 48)
Protocol creation to determine the detection of the appearance of primary and derived disabilities. -
The Ministry of Health in conjunction with organizations of persons with disabilities must create a
protocol to determine how to detect and intervenes the occurrence of primary and derivative
disabilities.





(Article 49)
Additional powers of the MINSA in the field of sexual and reproductive health, as well as domestic and
sexual violence. - The Ministry of Health in addition to specialized care services provide information,
education, hygiene, preventive and curative health sexual and reproductive health, prevention,
detection and care of sexually transmitted infections and Acquired Immune Deficiency Syndrome,
the prevention, detection and treatment of domestic violence (physical and psychological) and
sexual to men and women with disabilities throughout their life cycle, reduction of maternal mortality,
as well as inform adolescents of self care and responsible management sexuality, among others.

(Article 50)
Care of births at risk. - Care units and public health who are responsible for delivering babies of
women with disabilities presenting risks must give immediate notice to close relatives and the Ministry
of Health, due for the monitoring and prevention.

In cases where the person has been identified by her birth some kind of disability, it must immediately
inform their parents and the Ministry of Health for follow-up.

(Article 51)
The right to health and life insurance. - People with disabilities, like other people, have the right of
access to all types of insurance. In the case of health insurance and life insurance, the companies
under the principle of non-discrimination policies will adjust their accident rate, determining with
clarity and precision evaluation mechanisms to be applied to people with disabilities, the
Superintendency of Banks and other Financial Institutions shall ensure compliance with this legal
provision.

(Article 52)
Material sourcing of periodic replacement and auxiliary means. - The State must ensure, through the
Ministry of Health that people with disabilities can access periodic replacement materials and
auxiliary means, which use regularly.


(Article 53)
Interagency coordination for the creation and implementation of the Integral Rehabilitation Model. -
The State through interagency coordination of the Ministry of Health, Ministry of Education, National
Institute of Technology, Ministry of Labour and Ministry of Family, Youth and Children will create and
implement a Integral Rehabilitation model for people with disabilities nationwide with the active
participation of society, community, family and organizations of persons with disabilities.

In the case of the Ministry of Health in the framework of this model of Integral Rehabilitation, all health
units specialized heed to their respective treatment, access to medicines and other special programs.

(Article 54)
Actions to prevent occurrence of disabilities. - The State will promote actions to avoid the factors that
promote the onset of disability through interagency coordination (Ministry of Health, Ministry of
Transportation and Infrastructure, Ministry of Labor Ministry of Education, Ministry of Family, Youth and
childhood, the National Police and other public institutions. Prevention actions are executed in
accordance with the laws and rules governing the institutions associated with the topic. Ministry of
Health in regard to its competence, design and implement programs for counseling, prevention,
detection, early intervention, comprehensive care and rehabilitation for different disabilities.




(Article 55)
The right to physical, mental and social health of children and adolescents with disabilities. - The
State, through the Ministry of Health and the Ministry of Family, Youth and Children, guarantee full
respect at the highest possible standard of physical, mental and social health of children and
adolescents with disabilities in rural and urban and ensure that they receive the necessary
vaccinations and participate in programs in food and nutrition security and HIV prevention, care and
rehabilitation based on community and family.



CHAPTER VII

STANDARD OF LIVING AND SOCIAL PROTECTION

(Article 56)
Of equal rights, adequate standard of living and social assistance. - People with disabilities have the equal right
to live in community, to choose their place of residence, to enjoy personal assistance services and their full
inclusion and participation in society.

People with disabilities have the right to food, to clothing, access to social housing programs to the continuous
improvement of their living conditions, to social protection programs and poverty reduction, to provide the
assistance to be State to cover its expenses concerning to their disability.

(Article 57)
Actions of protection and special care. - People with severe disabilities who at the same time live in extreme
poverty, have the right to special protection and care by the state and its institutions. Such conditions shall be
determined and declared as such by the competent authority. Regulation of this Law shall develop the subject.

If any of these protective measures or special attention is expressed via granting of a pensio for the disabled
person, such benefit will be given based on the provisions established in the Law on the matter.

(Article 58)
Programs of social housing. - People with disabilities should have priority in the programs of social housing. All
the benefits of Act No. 677, " Ley Especial para el Fomento de la Construccin de Vivienda y de Acceso a la
Vivienda de Inters Social", published in the Official Gazette No. 80, 81 April and 5 May 2009 respectively, shall
apply to persons with disabilities. In the construction or rehabilitation of housing for persons with disabilities should
be considered needs physical access to them.

(Article 59)
Protection of persons with disabilities in state of abandonment and indigence. - The State, through the Ministry of
Family, Youth and Children, will ensure the protection of persons with disabilities who have been abandoned,
vulnerability and indigent who do not have the economic and social support from family and / or guardians, for
which special programs and centers targeting this vulnerable group according to type of disability will be
created.

(Article 60)
Protection of children and adolescents with disabilities. - The State, through the Ministry of Family, Youth and
Children will take protective acctions for children and adolescents with disabilities who have been abandoned
or used for economic purposes by family members or others. To do this shall ensure that existing centers are
inclusive special protection to protect children and adolescents with disabilities.

Anyone who subjects, reduce or keeps another person under exploitative conditions for economic purposes, or
any other situation against human dignity, shall be subject to appropriate penalties.

The Ministry of Family, Youth and Children prioritize the inclusion of children with developmental disorders to early
learning programs.

(Article 61)
Monitoring indicators of inclusion of people with disabilities. - People with disabilities are entitled that in the
plans and social programs of the government indicators that measure the inclusion of people with disabilities
are included, the development and monitoring of indicators registry inclusion of people with disabilities as well
as monitoring the related statistics, which will be headed by the Joint Secretariat for the Promotion and
Implementation of the Rights of Persons with Disabilities, which will focus in the compilation of data necessary to
the government institutions to collect economic and social statistics.




CHAPTER VIII

CULTURE, SPORT AND RECREATION

(Article 62)
The right to cultural, sporting and recreational life. - The State, through the Ministry of Education, the Ministry of
Family, Youth and Children, the Nicaraguan Institute for Youth, the Nicaraguan Institute of Culture, the
Nicaraguan Institute of Sports and municipal governments, inter-governmental institutions, ensure equal an
effective opportunities in the activities for sports, cultural and recreational disciplines, aimed at contributing to
healthy physical, artistic and intellectual enrichment and entertainment, ensuring that people with disabilities
can fully exercise the same access. To this end, corresponding to central, municipal and regional level,
institutions promote a perspective of inclusion and cultural programs, sports and recreational activities with and
for people with disabilities.
(Article 63)
Discounts on cultural, sports and recreational events. - Disabled persons shall enjoy no less than fifty percent
discount on the price of tickets for cultural, sports or recreational public performances, whether organized by
public or private entities must present his disability card accrediting them as such. For private events this benefit
will depend on the corporate social responsibility of the company.

CHAPTER IX

CERTIFICATION OF DISABILITY

(Article 64)
Objective of certification card. - The Certificate is intended to:

1. Facilitate the procedures for obtaining pensions when the case was;

2. Facilitating access to employment;

3. Access to government development programs;

4. Get the ID card disabled, and

5. Get the benefit of exemptions established by this Law.

- The ID aims to ensure the enjoyment of the following benefits:

1. The fifty percent discount in the passage of the collective urban land transport;

2. The lowest rates in the national intercity, air and sea land transport offered by the private sector;

3. The not less than fifty percent discount on tickets to cultural, sporting or recreational public entertainment;

4. The lowest in events organized by the private sector rates, and

5. Providing access to materials and auxiliary means periodic replacement of the Ministry of Health, as
applicable.


(Article 65)
Certification center for people with disabilities. - The Ministry of Health is the competent authority to declare
physical, sensory, mental and intellectual limitations of people with disabilities and give them free the certificate
and ID accrediting them as such.

The Ministry of Health in coordination with the National Joint Council for the Promotion and Implementation of
the Rights of Persons with Disabilities, establish the criteria and procedures for the certification, which shall be
established in the regulation of this Law
(Article 66)
Of exemptions or tax exemptions for persons with disabilities and organizations of persons with disabilities.- Shall
be exonerated or exempt if:

1. Import of own auxiliary materials of people with disabilities and for their use, inputs and raw materials
necessary for the production of these products, which must be handled by the same person or by the
federations and associations of persons with disabilities constituted according to Law No. 147, " Ley General de
Personas Jurdicas sin Fines de Lucro" published in La Gaceta No. 102 of May 29, 1992.

2. Importing motor vehicle with adaptations for the exclusive use of the disabled person, provided the CIF value
is up to $ 25,000.00 (Twenty-Five Thousand Dollars of the United States of America).

3. The Property Tax for the homes of people with disabilities, as long as these are owners of the building in which
they reside or live under dependancy of the person who owns the house and the latter is in a state of obvious
economic vulnerability. To this end, the assessed value of the property must not exceed the equivalent of U.S. $
20,000.00 (Twenty Thousand Dollars of the United States of America) and is not used in more than twenty-five
percent for commercial property. The beneficiary is required to file as a requirement to obtain respective tax
credit against the real property where he lives.

4. In the case of exemptions from property tax of organizations of persons with disabilities, they are governed by
the laws of matter.

The General Direction of Customs, based on the considerations of the National Council for the Promotion and
Implementation of the Rights of Persons with Disabilities, define the list of resources to assist them to be exempt
from import in a period not less than sixty days after the entry into force of this Act, and this list should be
updated regularly.
(Article 67)
On approval of imports for auxiliary means. - The approval process of applications for import tax benefit
referred to in this Act, be held in the Regulations thereunder.


















CHAPTER X

OBLIGATIONS OF DISABILITY ORGANIZATIONS

(Article 68)
Obligations of Organizations of Disabled People. - Organizations of persons with disabilities must:

1. Constituted under the figures established in the legislation and have the appropriate approval.

2. Participate in public decisions that affect them directly or indirectly.

3. Be entered on the register of the National Council for Promotion of Application of Rights of Persons with
Disabilities for people with disabilities who take the Joint Secretariat for the Promotion and Implementation of
the Rights of Persons with Disabilities, under the Presidency of Republic.

4. Participate through their guild representative at the regular meetings of the National Council for Promotion of
Application of Rights of Persons with Disabilities.

5. Submit a report of their activities and implementation of their annual budgets to the National Council for
Promotion of Application of Rights of Persons with Disabilities and the Ministry of Interior under the law of matter.

6. Develop projects according to their abilities, framed and consistent with the objectives and provisions of this
Act.

7. Provide to the Secretariat for Promotion and Articulation the Implementation of the Rights of Persons with
Disabilities, under the Presidency of the Republic, all requested information, pursuant to the resolutions of the
National Council for Promotion of Implementation of the Rights of Persons with disability.

8. Follow the laws of the Republic of Nicaragua.


CHAPTER XI

NATIONAL COUNCIL FOR PROMOTION AND APPLICATION OF THE RIGHTS OF PERSONS WITH DISABILITIES

(Article 69)
About the creation of the national council for promotion and application of the rights of persons with disabilities.
- The national council for promotion and application of the rights of persons with disabilities was created for,
from no won will be know as National Council, as, regulatory, advisory and evaluative governing body to
develop inter-institutional policies and articulate state actions designed to assist persons with disabilities.

This Council is different intersectoral coordination bodies, participation and consultation called Councils and
created by Executive Order of the President of the Republic in accordance wi th Article 11 of Law No. 290, " Ley
de Organizacin, Competencia y Procedimientos del Poder Ejecutivo".

(Article 70)
About the functions of the National Council. - The National Council shall have the following functions:

1. Approve the public policies, plans and programs to achieve integral development of persons with disabilities
and their full inclusion in society, and preside the process of formulation, monitoring and evaluation.

2. Encourage and coordinate the efforts of the State, persons with disabilities and their organizations to achieve
the goals of this law.

3. Promote regional and municipal governments in their territories implement public policies developed for
people with disabilities.

4. Promote and facilitate the active participation of organizations of persons with disabilities in the formulation,
implementation, monitoring and evaluation of national and local policies and programs to ensure the inclusion
of disabled people in society.

5. Promote and encourage constantly through its members, multiculturalism, dignity and full respect of persons
with disabilities through awareness campaigns and information to ensure the inclusion of persons with disabilities
in society, in terms of accessibility, health, work, education, culture, sports, recreation, etc.

6. Serve as a consultative entity on national and international policies and actions for the disabled.

7. Consult with institutions and organizations of persons with disabilities for the construction of national social
inclusion of people with disabilities.

8. Request to the Secretariat for the Promotion and Articulation for the Implementation of the Rights of Persons
with Disabilities research and analysis on specific topics for the problems of people with disabilities.

9. Know from the institutions and member organizations of the National Council and the Regional and Municipal
Committees established by this Act, on the progress of the implementation of programs and projects for people
with disabilities.

10. Know the periodic reports brought by the Prosecutor for the Defense of Human Rights or her representative in
the field, on existing violations in the disability sector, and reports made associations and federations of people
with disabilities and civil society.

11. Know the periodic reports brought by the Prosecutor for the Defense of Human Rights or her representative in
the field, on existing violations in the disability sector, and reports made associations and federations of people
with disabilities and civil society.

12. Approve the annual work plans from the Secretariat for the Promotion and Articulation for the
Implementation of the Rights of Persons with Disabilities.

13. Setup internal working committees by sectors involved.

14. Promote cooperation agreements and mutual assistance with international organizations to support the
implementation of policies and programs for persons with disabilities.

15. Approve its Internal Regulations for Operation.

16. Prepare the draft Regulation of this Law to be submitted to the President and all other proposals for action
related to the subject of disability.

(Article 71)
Of the integration of the National Council. -The National Council will be composed of persons belonging to the
civil service, with full voting delegates by the highest authority of state institutions and representatives of
organizations and sectors identified below:

1. Presidency of the Republic;

2. Ministry of Health;

3. Ministry of Education;

4. Ministry of Labor;

5. Ministry of Family, Youth and Children;

6. Ministry of Transportation and Infrastructure;

7. Ministry of Finances and Public Credit;

8. Attorney for the Defense of Human Rights;

9. Nicaraguan Institute of Social Security;

10. National Institute of Technology;

11. Nicaraguan Institute for Municipal Development;

12. Nicaraguan Institute for Women;

13. Regional Council of the North Atlantic Coast;

14. Regional Council of the South Atlantic Coast;

15. Association of Municipalities of Nicaragua;

16. National Council of Universities;

17. Superior Council of Private Business;

18. Federations from existing partnerships that serve people with disabilities. Regardless of the existing amount of
the same, they may not have more than two representatives in the National Council.

19. A representative for the following sectors disability:
a. physical motor;
b. hearing;
c. mental; and
d. blindness.

20. One representative of parents with children with disabilities.

Art. 72 About the Presidency of the National Council.

The President shall designate the chairman of the National Articulation Council for the Promotion and
Implementation of the Rights of Persons with Disabilities among members of the Board.






CAPTULO XII
SECRETARIAT FOR PROMOTION AND ARTICULATION FOR THE IMPLEMENTATION OF THE RIGHTS OF PERSONS WITH
DISABILITIES

Art. 73 About the Secretariat.

Create the Secretariat for the Promotion and Articulation fr the Implementation of the Rights of Persons with
Disabilities, hereinafter referred to as Secretariat, as a technical advisory body and inter-organizational
coordination and, under the Presidency of the Republic, whose primary function is technical support to the work
of the National Council for the Promotion and Implementation of the Rights of Persons with Disabilities and
coordinate appropriate actions based on the decisions made within this advice.

This Secretariat is different of the dependencies attending the President and whose functions are determined in
Article 7 of the Regulations of Law No. 290, Ley de Organizacin, Competencia y Procedimientos del Poder
Ejecutivo.



Art. 74 About the functions of the Secretariat.

The Secretariat will have the following functions:

1. Developing as Executive Secretariat of the National Council;

2. Provide technical assistance on disability issues to the National Council;

3. Convene by instructions of the President of the National Council for regular meetings of the National Council ;

4. Elaborate proposals for policies and programs to achieve full inclusion of people with disabilities in society;

5. Conduct research at the request of the National Council for the problems of people with disabilities;

6. Coordinate activities with state institutions and organizations of persons with disabilities members of the
National Council, implement accions according to certain decisions within the same;

7. Request in the name of the National Council information to state institutions and organizations of persons with
disabilities on aspects of interest;

8. Compile periodic reports of the Procurator for Human Rights or their representative in the area of disability, on
violations raised in the sector of persons with disabilities;

9. Manage and receive from public institutions and organizations of persons with disabilities relevant information
on the progress of implementation of policies for people with disabilities;

10. Coordinate with the National Institute of Information Development, Ministry of Health, Ministry of Education,
organizations of persons with disabilities, and others to monitor statistics and indicators of human rights of persons
with disabilities and report to the National Council on evolution of these;

11. Provide technical assistance to Regional and Municipal Governments, on inclusion of people with disabilities
in society and related policies and actions;

12. Develop and keep track of the records of regular meetings of the National Council;

13. Submit periodic reports on the activities of their annual operational plan and annual budget proposal to the
National Council for ratification;

14. Keeping the Register of the National Council for the Promotion and Implementation of the Rights of Persons
with Disabilities, for the Inscription of Organizations of Persons with Disabilities; and,

15. Others designated by the National Council.

Art. 75 Of the Secretary of Promotion and Coordination for the Implementation of the Rights of Persons with
Disabilities.

The Secretariat for the Promotion and Coordination for the Implementation of the Rights of Persons with
Disabilities will be directed by a Secretary appointed by the President of the Republic based on the proposal of
the organizations of persons with disabilities, and shall remain in office for a period of three years and may be
reelected.

To exercise this charge the appointee must resign prior to any other position he holds either in the State, civil or
NGOs.





Art. 76 Of the budgetary Assignment to the Secretariat for the Promotion and Coordination for the Application of
the Rights of Persons with Disabilities.

The Presidency of the Republic shall include in its annual budget proposal sufficient budget for the operation of
the Promotion and Articulation Secretariat for the Implementation of the Rights of Persons with Disabilities.

Art. 77 Management of financial resources for associations of people with disabilities.

In the process of discussion and approval of the General Budget of the Republic, the organs of the National
Assembly, initially earmarked designed to strengthen the efforts and capabilities of federations and associations
of people with disabilities economic resources, especially in the promotion and defense their rights.

It is a requirement of these associations being formed in accordance with the law and be subject to the
appropriate solvents public entities to qualify for the benefit of that allowance.



CHAPTER XIII
APPLICATION IN THE AUTONOMOUS REGIONS AND MUNICIPALITIES

Art. 78 On the creation of Regional and Municipal Committees.
By command of this Act, the Autonomous Regional Councils and Municipal Councils and Municipal
create the Regional Committees respectively Promotion and Articulation for the Implementation of
the Rights of Persons with Disabilities, as interagency coordinating bodies in the planning,
development and consultation on public policy inclusion of people with disabilities.

Regional and municipal committees will be formed by the institutions and bodies that form the
National Council, provided they have presence in the territories in their respective levels.

Art. 79 The representative of people with disabilities in regional and municipal authorities.

Regional and Municipal Councils nominate within their structures that specifically attend to official
matters relating to disability, whose main function is to promote, coordinate, and monitor
incorporating the recommendations of regional and inter-municipal committees and inform
Association of Municipalities of Nicaragua on the progress and achievements in the field of disability
in the respective territories.

Art. 80 On the functions of Regional and Municipal Committees.

The functions of the Regional and Municipal Promotion and Articulation Committees for the
Implementation of the Rights of Persons with Disabilities will be defined in the Regulations of the
Present Law.

Art. 81 Regional and Municipal Budget.

To enforce the provisions of this Act, the Autonomous Regional Governments and Municipal Councils
should consider in its draft budget the necessary items.

The Nicaraguan Institute of Municipal Development will ensure the effective implementation of this
provision in the case of the Autonomous Regional Councils this function will be for the Ministry of
Finances and Public Credit.



CHAPTER XIV
VIOLATIONS AND PENALTIES

Art. 82 Object of the infringements.

For the purposes of this Act on the Rights of Persons with Disabilities, are considered administrative
offenses the acts and omissions of natural or legal persons, public or private, that violate the human
rights of persons with disabilities established in this Law.

Art. 83 The type of infractions and sanctions.

The offenses with corresponding penalties and/or fines, depending on the severity, will be established
in the Regulations of the Present Law.

Art. 84 Proceedings of sanctions.

Natural or legal persons who violate the human rights of persons with disabilities established in this Act
shall be administratively sanctioned by the authority under its competence, in accordance with the
procedure established by Law No. 290, " Ley de Organizacin, Competencia y Procedimientos del
Poder Ejecutivo" without prejudice to the provisions of the Criminal Code and other criminal and civil
actions arising from them.

Art. 85 Of the complaint.

The complaint for violations of this Act may be presented by the victim, his legal representative,
guardian, caregiver, or a legally constituted organization whose purpose is to defend and promote
the rights of persons with disabilities.

Art. 86 Proceedings against elected authorities and regional and municipal officials.

Given the failure of the implementation of this Act of elected officials and officials of the autonomous
and municipal governments, those affected may have recourse against the offending officials in the
courts of justice in ordinary civil proceedings for damages prior depletion of the corresponding
administrative proceedings, without prejudice to the provisions of the Constitution of the Republic and
other laws of matter.

Art. 87 Summary proceedings in the Judicial Cause.

Any civil action that seeks the restoration of the rights of persons with disabilities, must be instructed
and resolved by summary proceedings established in the Code of Civil Procedure of the Republic of
Nicaragua.











CHAPTER XV
FINAL PROVISIONS

Art. 88 The disclosure of Law.


Public institutions have an obligation to massively spread awareness of this Act, to to make society
aware and contribute to the implementation of the rights of Persons with Disabilities.

Art. 89 From the first meeting of the National Council.

Once appointed the Chairman of the National Council for the Promotion and Articulation for the
Implementation of the Rights of Persons with Disabilities, the latter through the Secretary, during no
more than 30 working days, will convene the National Council at its first meeting.

Art. 90 National Day of Persons with Disabilities.

Is established on August 25 to celebrate the National Day of Persons with Disabilities, to awareness,
outreach and accountability for compliance with the rights of Persons with Disabilities by the state
and society in general.

On this day the media, public schools and all state institutions and private enterprise should perform
activities of promoting the rights of persons with disabilities.

Art. 91 Of the provisions concerning to children and adolescents.

All provisions of this Act relating to children and adolescents should be applied complementarily to
Law No. 287, " Cdigo de la Niez y la Adolescencia" and relating to women with Act No. 648, " Ley
de Igualdad de Derechos y de Oportunidades. "

Art. 92 From the gradual, progressive and effectiveness.

Based on the principle of gradual, progressive and effectiveness laid down in Articles 3 and 7 of this
Act, every one of the rights and benefits contained therein will be applied based on the real tax
potential of economic growth, capacity and budget of the country, all in order to fully guarantee the
rights of persons with disabilities contained in the Constitution of the Republic of Nicaragua, laws and
international instruments ratified by Nicaragua on disability.

Art. 93 Rules.

The present Law shall be regulated by the President of the Republic within the period prescribed in
Article 150, paragraph 10) of the Constitution of the Republic of Nicaragua.

Art. 94 Derogations.

Derogated Law No. 202, " Ley de Prevencin, Rehabilitacin y Equiparacin de Oportunidades de las
Personas con Discapacidad," published in La Gaceta No. 180 of September 27, 1995 and its
Regulations.





Art. 95 Effectiveness.

This Law shall enter into force three months after its publication in any national newspaper, without
prejudice to its subsequent publication in La Gaceta.

Given in the city of Managua, in the living Sessions of the National Assembly on the thirteenth day of
April in the year two thousand eleven.


Ing. Ren Nez
Tllez
President of the
national assembly
Dr. Wilfredo Navarro
Moreira
Secretary
national assembly
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