Royal Decree 2271/2004, of 3 December, which regulates access to public employment and the provision of jobs for people with disabilities is the rule intended to be replaced.

Since its adoption, there have been important legislative, social and technological advances that require an update of this standard.

In particular, the entry into force of international regulations such as the Convention on the Rights of Persons with Disabilities of the United Nations, as well as changes in national legislation, such as Royal Legislative Decree 1/2013, of 29 November, approving the revised text of the General Law on the Rights of Persons with Disabilities and their Social Inclusion, have expanded and reinforced the approach towards universal accessibility and design for all people.

In addition, the current social context demands more inclusive public policies, with special emphasis on the elimination of barriers to access, the promotion of equal opportunities and the recognition of functional diversity as a value for the Public Administration.

Therefore, it is essential to adapt the regulatory framework to current principles, ensuring its consistency with existing regulations and best practices in inclusive employment.

Since the enactment of Royal Decree 2271/2004, of 3 December, several areas have been identified that require revision and updating to improve the inclusion of people with disabilities in employment público.Los. The 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 revised 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 regime 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. 113, for its part, is entirely devoted to the access to public employment of persons 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 regulatory framework to ensure full and effective integration of persons with disabilities into public employment, in line with the principles of equality, non-discrimination and universal accessibility.

The modification 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 Function.

In addition, public employment policies for persons with disabilities must be updated, incorporating measures to facilitate their access and stay in jobs adapted to their capacities 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 the projects, the third and fifth, on “public employment, proactive, inclusive and innovative”, and the “best working conditions through social dialogue”, respectively, which 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 standard regulating access to public employment for persons with disabilities is presented as an opportunity to align the regulations with current international and national standards, guaranteeing compliance with the rights recognized for persons with disabilities; incorporate positive action measures and reasonable adjustments that facilitate the access and promotion of persons with disabilities in public employment and promote an inclusive culture in the 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 seeks 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 the selective processes, ensuring their accessibility and adaptation to the diverse needs of persons 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 Recovery, Transformation and Resilience Plan in the field of public service justice, public service, local regime and patronage.
• Promote reasonable accommodation and universal accessibility, ensuring that jobs are adapted to the individual needs of persons with disabilities and promoting compatibility between the assigned functions and their capacities.
• Promote equal opportunities in the professional career, incorporating measures to ensure that persons with disabilities can access processes of internal promotion, mobility and the 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 the monitoring, evaluation and continuous improvement of the measures taken, with the active participation of the third sector, such as the representative organizations of persons with disabilities and other agents involved

If 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 taken place 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 envisaged, 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 up-to-date regulatory framework specifically regulating 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, guaranteeing the full inclusion of people with disabilities in public employment and complying with the legal and social commitments assumed by Spain.