The Reasonable Adjustments: Labor Inclusion Strategy for People with Functional Diversity in Colombia

Abstract

Discrimination and inequality in employment opportunities and conditions are evident in the workplace. Specifically, the labor rights of people with functional diversity are violated by the disabling society, which creates for them physical and attitudinal obstacles that generate disability. Faced with the above, the social model focused on rights and affirmative actions are fundamental aspects to achieve the labor inclusion of people with functional diversity. Due to the scarce and disorganized legal and doctrinal development of reasonable accommodations in Colombia, the general objective of this research was outlined, which was to establish its legal scope in the jobs for people with functional diversity in Colombia. To achieve this, a bibliographic review of national and international sources, interpretation of legal regulations and jurisprudential analysis at the national level related to the aforementioned topic was carried out, as part of the documentary method and qualitative approach. As a result, the scope was established, which included its concept, classification according to the type of disability and its limits. Finally, Colombia has a constitutional duty to guarantee the labor inclusion of people with functional diversity, subjects of rights and special constitutional protection, with the support of the Convention on the Rights of Persons with Disabilities. Well, reasonable accommodations are not special concessions, but rather, a duty for society to know, apply and, consequently, respect the human rights of people with functional diversity.