Vocational Rehabilitation and Employment (Disabled Persons) Convention, 1983 (No. 159) - El Salvador (Ratification: 1986)

Direct Request (CEACR) - adopted 2023, published 112nd ILC session (2024)

Previous comment

Articles 2, 3 and 5 of the Convention. Promotion of employment for persons with disabilities. Consultations with the social partners. The Committee welcomes the information provided by the Government in response to its previous comments. In particular, it notes with interest the adoption of the Special Law on the Inclusion of Persons with Disabilities, Legislative Decree No. 672, published in the Official Gazette on 3 September 2020. The Special Law, which came into force on 1 January 2021, recognises the right to work for persons with disabilities, under equal conditions, without discrimination and in an inclusive work environment. Section 2 of the Special Law prohibits all forms of discrimination against persons with disabilities, including prohibiting the denial of reasonable accommodation. In addition, section 7 recognises the right to work and to social security of persons with disabilities, as well as their right to lifelong, inclusive quality education at all levels of the education system. The Committee further notes that section 8 of the Special Law provides for the State to undertake awareness-raising measures aimed at eliminating stereotypes, prejudices, attitudinal barriers and harmful practices in respect of persons with disabilities, including promoting awareness of the capacities, merits and skills of persons with disabilities and their contribution to the workplace. The Special Law also provides for the provision of labour incentives to promote employment. These include disability employment quotas that are now set at one person with disabilities per 20 employees (section 63 of the Special Law), compared to one person with disabilities per 25 employees under section 24 of the 2000 Law on the Equalisation of Opportunities for Persons with Disabilities. The Special Law also establishes the National Council for the Inclusion of Persons with Disabilities (CONAIPD). The Committee recalls that CONAIPID is the body responsible for monitoring implementation of the National Policy on Comprehensive Care for Persons with Disabilities adopted by Executive Order No. 138 of 3 April 2014. It notes the information provided by the Government in relation to the implementation of the National Policy on Comprehensive Care by public and private entities, which sets out strategies and measures to be taken to ensure the full exercise of the rights of persons with disabilities. In addition, the Committee notes the statistical information provided by the Government concerning the results of the first National Survey on Persons with Disabilities (ENPD) carried out in 2015. According to the 2015 ENDP, some 7,9 per cent of the population aged 18 and above live with some form of disability, with rates higher among women (8.1 per cent) than to men (7.7 per cent). The Government adds that the percentage of persons with disabilities is much higher among persons aged 60 years and older (24.4 per cent). The Government also refers to statistical data available from the National Statistics and Censuses Office (Dirección General de Estadísticas y Censos (DIGESTYC)), indicating that persons with disabilities make up 6.4 per cent of the total population of El Salvador. The Committee notes the information provided by the Government on education and training, including entrepreneurship training, provided to persons with disabilities from 2015 to 2019. The Committee notes that the public employment service placed 2,148 persons with disabilities in employment from 2014 to 2020 (1,485 men compared to 663 women). It notes that, during this period, more than three times as many men as women with disabilities were registered with the public employment service. The Committee requests the Government to continue to provide detailed updated information, including statistical data disaggregated by sex and age concerning the nature, scope and impact of measures taken to ensure the access of persons with disabilities to lasting employment and decent work, including measures taken to implement the Special Law for the Inclusion of Persons with Disabilities, as well as disaggregated statistical data on the impact of the Special Law on the employment of persons with disabilities on the open labour market. Noting that only 30 per cent of persons with disabilities placed in employment by the public employment service between 2014 and 2020 were women, the Committee requests the Government to provide information on measures taken to encourage women with disabilities to register with the public employment service as well as measures taken to increase employment of women with disabilities. The Government is further requested to provide updated information on the nature, frequency and outcome of consultations held with the representative organizations of employers and workers as well as with organizations of and for persons with disabilities, as required by the Convention.

Direct Request (CEACR) - adopted 2015, published 105th ILC session (2016)

Articles 2, 3 and 5 of the Convention. Implementation of vocational rehabilitation and employment policies for persons with disabilities. Consultation. The Committee notes with interest the adoption, by Executive Order No. 138 of 4 April 2014, of the National Policy on Comprehensive Care for Persons with Disabilities, which the National Council for Persons with Disabilities (CONAIPD) is responsible for following up and evaluating. The Government indicates in its report that it plans to conduct the first National Survey on Persons with Disabilities in order to have up-to-date statistical information to facilitate the formulation of public policies that benefit the whole of the population with any type of disability. The Government also indicates that, between January 2011 and October 2014, the Public Employment Service placed 1,935 persons with disabilities in employment. Between January and June of 2015, 119 persons with disabilities were placed through the Employment Intermediation System (SIE) and job fairs. The Committee requests the Government to continue providing information on the impact of the measures taken to promote employment opportunities for persons with disabilities on the regular labour market. Please provide information on the consultations held with the representative organizations of employers and workers, as required by the Convention.

Observation (CEACR) - adopted 2006, published 96th ILC session (2007)

The Committee notes the detailed information provided by the Government in the report received in September 2005, which contains a description of the activities undertaken to give effect to the Act of 2000 for the equalization of opportunities for persons with disabilities and the initiatives taken by the El Salvador Institute for the Rehabilitation of Invalids and the National Council for the Integral Care of Persons with Disabilities. In reply to its previous comment, the Government also provides statistical data on the vocational integration of persons with disabilities, with very detailed data for each department and indicators disaggregated by gender, occupational category and income. The Committee notes with interest the progress achieved and requests the Government to continue providing information in future reports on the results achieved by public policies and private initiatives designed to achieve the integration of persons with disabilities into the labour market.

Direct Request (CEACR) - adopted 2000, published 89th ILC session (2001)

The Committee notes the detailed information contained in the Government’s report, in particular in reply to previous comments.

Article 2 of the Convention.  The Committee notes with interest the preliminary National Policy for Equality of Opportunity for Persons with Disabilities, 1998, which was prepared at the initiative of the National Council for the Integral Care of Persons with Disabilities (CONAIPD) in consultation with representatives of organizations of workers, employers, and persons with disabilities. The draft provides a critical analysis of the existing system and makes concrete proposals to improve the system. The Committee would appreciate receiving further information on the adoption of this policy and its outcome.

Article 7.  The Government states that the Institute for Rehabilitation of Persons with Disabilities (ISRI) provides vocational training in cooperation with other organizations. The Committee would appreciate receiving more details about the types of training available and job placement rates of persons with disabilities, as requested under Part V of the report form.

Direct Request (CEACR) - adopted 1995, published 83rd ILC session (1996)

The Committee notes the information provided by the Government in reply to its earlier comments. The Government reiterates its statement to the effect that among its priority objectives is the elaboration of the national policy of vocational rehabilitation, which will permit the coordination of the activities of all national institutions in this field; it indicates that such policy shall be integrated into the global national social policy. The Government also confirms its intention to elaborate a programme of a periodical revision of the activities of all the institutions involved in the rehabilitation of the disabled. The Committee hopes that the Government will not fail to provide, in its next report, information on any progress achieved in this regard, in order to give full effect to Article 2 of the Convention. It reiterates its request to the Government to supply copies of the policy statements, as soon as they are adopted, as required by point I of the report form.

Article 3. In its previous comments the Committee noted the Decree No. 247 of 31 October 1984 which provides for certain measures with a view to promoting employment opportunities for disabled persons in the open labour market. It would be grateful if the Government would describe in more detail practical measures taken under the above-mentioned Decree, as well as any other measures taken or envisaged for the promotion of employment opportunities of this category of workers in the open labour market.

Article 5. The Committee notes brief indications in the report concerning consultations with the employers and their associations on the reintegration of disabled persons in employment, as well as the general statement to the effect that consultations take place at all levels, including consultations with associations of disabled persons. The Committee asks the Government to provide, in its next report, more detailed information on these consultations. In its previous comments the Committee noted the absence of consultation with the representative workers' organizations on the implementation of the national policy on vocational rehabilitation and employment of disabled persons. The Committee reiterates its hope that appropriate measures will be taken by the Government in the near future in order to provide for such consultation with the above-mentioned organisations on the matters referred to in this Article.

Article 7. In its previous comments the Committee noted from the Government's report that the Salvadorian Social Security Institute elaborated, in 1988, the first formal Vocational Rehabilitation Project covering various aspects of vocational rehabilitation of disabled persons. The Committee asked the Government to supply a copy of this Project and indicate whether this Project has already been put into operation. It observes that the Government has supplied no new information on this point and expresses the hope that the Government will not fail to provide the information requested in its next report. The Committee also reiterates its request to the Government to indicate any other action at the national level for the development of vocational rehabilitation and employment services for disabled person, as required by this Article.

Article 8. The Government indicates that the Salvadorian Institute for the Rehabilitation of the Disabled (ISRI) is planning to provide vocational rehabilitation and employment services for disabled persons in rural areas. The Committee would be grateful if the Government would describe in more detail measures taken to promote the establishment and development of these services in rural areas and remote communities.

Point V of the report form. The Committee hopes that the Government will not fail to supply statistical information, as soon as it is available, as well as extracts from reports, studies and inquiries concerning matters covered by the Convention.

Direct Request (CEACR) - adopted 1993, published 80th ILC session (1993)

The Committee notes the information provided by the Government in its report received in June 1992, as well as Decree No. 247 of 31 October 1984 which provides for some measures to promote employment opportunities for disabled persons in the open labour market. The Committee also notes the technical meeting organized by the ILO, in November 1992 in Bogota, on the application of Convention No. 159 in Latin America, and that the Government representative of El Salvador participated in that meeting.

The Government states in its report that among its priority objectives is the elaboration of the national policy of vocational rehabilitation, as well as an annual programme with a view to provide for a periodical review of the national policy. The Committee asks the Government to provide, in its next report, information on any progress achieved in this regard, in order to give effect to Article 2 of the Convention. Please also supply copies of the policy statements, as soon as they are adopted, as required by point I of the report form.

The Committee notes the Government's statement in the report to the effect that there is no general consciousness among employers at the national level of equality of opportunity between disabled workers and workers generally. It asks the Government to indicate, in its next report, how effect is given or is proposed to be given to Article 4 which provides that the national policy on vocational rehabilitation and employment of disabled persons shall be based on the principle of equal opportunity between disabled workers and workers generally. Please also indicate any special positive measures, besides those provided in the above-mentioned Decree No. 247, aimed at effective equality of opportunity and treatment between disabled workers, whether men or women, and other workers.

The Committee further notes from the Government's report that there has been no consultation with the representative organizations of employers and workers, or with representative organizations of and for disabled persons, on the implementation of the national policy on vocational rehabilitation and employment of disabled persons. The Committee trusts that appropriate measures will be taken by the Government in the near future, in accordance with Article 5, with a view to provide for such consultation with the above-mentioned organizations on the matters referred to in this Article.

The Committee also notes from the Government's report that the Social Security Institute of El Salvador elaborated, in 1988, the first formal Vocational Rehabilitation Project covering various aspects of vocational rehabilitation of disabled persons. The Committee would be grateful if the Government would supply a copy of this Project with its next report and indicate whether this Project has already been put into operation or soon will be. Please also indicate any other action at the national level for the development of vocational rehabilitation and employment services for disabled persons, as required by Articles 6, 7, 8 and 9 of the Convention. Please provide statistical information, as soon as it is available, as well as extracts from reports, studies and inquiries concerning matters covered by the Convention, in accordance with point V of the report form.

Direct Request (CEACR) - adopted 1992, published 79th ILC session (1992)

The Committee notes that the Government's report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its previous direct request, which read as follows:

The Committee takes note of the information supplied by the Government in its first report on the application of the Convention. It would be grateful if the Government would communicate, in accordance with Point I of the report form, copies of policy statements, legislative acts, etc. mentioned in the report, and in particular, a copy of Decree No. 247 of 31 October 1984, so that the Committee may examine them at its next session.

Direct Request (CEACR) - adopted 1991, published 78th ILC session (1991)

The Committee takes note of the information supplied by the Government in its first report on the application of the Convention. It would be grateful if the Government would communicate, in accordance with point I of the report form, copies of policy statements, legislative acts, etc. mentioned in the report, and in particular, a copy of Decree No. 247 of 31 October 1984, so that the Committee may examine them at its next session.