Since the promulgation of Royal Decree 2271/2004, of December 3, various areas have been identified that require revision and updating to improve the inclusion of people with disabilities in the employment público.Los main problems that are intended to be solved with this initiative are the following:

• Need to adapt to international regulations and nacionales.Desde 2004, instruments have been adopted such as the Convention on the Rights of Persons with Disabilities of the United Nations, ratified by Spain in 2008, and Royal Legislative Decree 1/2013, which approves the consolidated text of the General Law on the Rights of Persons with Disabilities and their Social Inclusion.
• Also, Royal Decree-Law 6/2023 of 19 December, approving urgent measures for the implementation of the Recovery, Transformation and Resilience Plan in the field of public service justice, public service, local government and patronage, must be taken into account. Its article 108.4, for example, increases its reserve quota in the selective processes and 115.2 promotes the participation of these people in the selection bodies. The 113, for its part, is entirely dedicated to access to public employment for people with disabilities. It is essential that the current regulations align with these legal frameworks to ensure effective inclusion.
• Technological and social advances.Technological evolution and social changes require the implementation of more accessible and adapted selective processes, as well as the provision of jobs that consider the specific needs of people with disabilities, promoting equal opportunities and eliminating barriers.
• This initiative seeks to address these challenges by updating the normative framework to ensure the full and effective integration of persons with disabilities into public employment, in line with the principles of equality, non-discrimination and universal accessibility.

The amendment of Royal Decree 2271/2004, of 3 December, which regulates access to public employment and the provision of jobs for people with disabilities, is one of the measures that the Spanish Disability Strategy 2022-2030 attributes to the now Ministry for Digital Transformation and Public Service.

In addition, it is necessary to update public employment policies for people with disabilities, incorporating measures that facilitate their access and stay in jobs adapted to their abilities and needs.

To this is added a Public Administration that is increasingly proactive and attentive to social demands. A good example is the Consensus for an Open Administration, a roadmap of this Ministry, for the transformation established in a participatory way with all stakeholders through an innovative methodology.

Among its projects, the third and fifth projects, on “public, proactive, inclusive and innovative employment”, and “better working conditions through social dialogue”, respectively, reflect the will of the Public Administration, as an employer, to improve the lives of its public employees and include people with disabilities.

In this context, the adoption of a new regulation regulating access to public employment for people with disabilities is presented as an opportunity to align the regulations with current international and national standards, ensuring compliance with the rights recognized for people with disabilities; incorporate positive action measures and reasonable adjustments that facilitate the access and promotion of people with disabilities in public employment and promote an inclusive culture in public administrations, which values diversity and promotes equal opportunities for all citizens.

The updating of this regulation is therefore a necessary and timely response to current social and legal demands, aimed at transforming the Administration into a more inclusive and representative one of society.

The Royal Decree project aims to address the following issues:

• Update the regulatory framework, replacing Royal Decree 2271/2004, adapting the regulations to legal, social and technological developments, in line with the Convention on the Rights of Persons with Disabilities and other national and international regulations in force.
• Provide certainty regarding public employment and the provision of jobs for people with disabilities.
• Establish concrete measures to reduce physical, technological and procedural barriers in selective processes, ensuring their accessibility and adaptation to the diverse needs of people with disabilities.
• Update the reserve quota for places for people with disabilities, in accordance with article 108.4 of Royal Decree-Law 6/2023 of 19 December, which approves urgent measures for the implementation of the Plan of Recovery, Transformation and Resilience in the field of public service justice, public service, local regime and patronage.
• Promote reasonable adjustments and universal accessibility, ensuring that jobs are adapted to the individual needs of people with disabilities and promoting compatibility between assigned functions and their capabilities.
• Promote equal opportunities in the professional career, incorporating measures to ensure that people with disabilities can access processes of internal promotion, mobility and provision of jobs under conditions of equality.
• Clarify pending concepts in the field of access to public employment, in the interests of greater legal certainty.
• Consolidate an inclusive and representative Administration, promoting an organizational culture based on respect for diversity, equal opportunities and universal design, positioning the Public Administration as a reference model in labor inclusion.
• Continuously evaluate and improve, through the establishment of mechanisms for monitoring, evaluation and continuous improvement of the measures adopted, with the active participation of the third sector, such as representative organizations of persons with disabilities and other agents involved

In the event that this regulation is not approved, Royal Decree 2271/2004 would remain in force, which does not reflect the normative, social and technological advances that have occurred since its promulgation. This would generate a mismatch between state regulations and international standards, with the risk of incurring legal breaches.

Although partial modifications or the adoption of lower-ranking provisions, such as internal instructions or circulars in the field of public administration, could be considered, these options would not offer a comprehensive solution and would not have sufficient legal force to ensure the necessary consistency and effectiveness.

The development of awareness-raising, training and good practice programmes aimed at promoting the employment inclusion of persons with disabilities in the public sector could be considered. However, these measures, although complementary and useful, could not replace the need for an updated regulatory framework that specifically regulates access to public employment and the provision of jobs for this group.

The elaboration of a new standard with the rank of royal decree is presented as the best viable alternative to comprehensively address the current challenges, ensuring the full inclusion of people with disabilities in public employment and complying with the legal and social commitments assumed by Spain.