Draft ordinance establishing general criteria for the adaptation of means and time and that reasonable accommodation is provided in the selective processes for public employment of persons with disabilities

The Spanish Constitution, article 9.2, provides that the authorities promote conditions for freedom and equality of persons may be genuine and effective, removing the obstacles that prevent or hinder its fullness and facilitating their participation in political life, social and cultural life. This principle of equality, together with equality before the law and access to public office, set out in articles 14 and 23, respectively, the spanish constitution has incorporated by 2024 a revision of article 49, which conform language and content to have an impact on the real and effective equality of persons with disabilities, in the exercise of their rights, and compulsory by law to regulate the special protection that this requires.

Normative efforts to develop these constitutional principles in the area of access to public service have, on the one hand, in the establishment of a quota of reserved for people with disabilities equal to or greater than 33 per cent, punishable under article 2 of royal decree 2271/2004 of 3 december, which regulates access to public employment and providing employment of persons with disabilities, and collected and progressively expanded in the royal decrees who pass the public employment. This resulted, in turn, of the consideration of persons with disabilities contained in article 4 of the Consolidated Text of the General law on rights of persons with disabilities and their social inclusion, approved by royal Legislative Decree 1/2013, on 29 november.

On the other hand, those efforts included the adoption of various adaptation measures and reasonable accommodation in the development of evidence that make up the selective processes. These adaptations were established in the royal decree 2271/2004 of 3 december, whose policy development and reflected in the Order PRE/1822/2006, of 9 june, establishing general criteria for the adaptation of additional times selective processes for public employment of persons with disabilities.

Almost two decades later, we need a legal approach to the implementation and deployment, not only of adaptation measures, but also of reasonable accommodation that has already indicated in the royal decree 2271/2004 of 3 december, as well as a thorough update of the realization of the adaptations of time established in the above-mentioned Order PRE/1822/2006, from the perspective of constitutional reform of article 49.

Developments in the field of disability have had their shows evident in Royal Decree 888/2002 of 18 october, which establishes the procedure for the recognition, declaration and characterization of the degree of disability. This rule reviewed and updated the standards for determining the degree of disability, attesting to the need to change the order PRE/1822/2006, in response to developments set out in the baremación.

This normative mandate reflects the underlying philosophy in the treatment of disabilities referred to these processes, which had already been announced terminológicamente by Royal Decree 2271/2004 of 3 december, through the implementation of the concept of “ reasonable accommodation ”, made earlier in the legislative framework english law no. 51/2003 of 2 december, on equal opportunities, non-discrimination and universal accessibility of persons with disabilities, which was subsequently recast in the consolidated text of the General law on rights of persons with disabilities and their social inclusion. On the basis of the lens heterogeneous implicit in the Field of disability, the public sector has to guarantee the right to effective equality of all persons involved in the selective processes and provide a policy response through the incorporation of these adjustments, to respond effectively to the large case-by-case basis of cases of disability.

The order shall establish general criteria for determining the adaptations of means and times, as well as to the realization of other reasonable accommodation in the years for selective tests involving persons with disabilities.

It is proposed a set of regulations with the rank of ministerial order in coherence with the provision of article 113.4 del Real Decreto-ley 6/2023, of 19 december, which approved urgent measures for the implementation of the recovery Plan, transformation and Resilience in the field of public service of justice, the civil service, local regime and patronage, where he was entrusted with the adoption of appropriate measures to the establishment of adaptations and reasonable accommodation of time and facilities in the selective processes for public employment.

In addition, the royal decree 2271/2004 of 3 december, also in article 8.3 policy development by ministerial order that would be reflected in the order PRE/1822/2006, of 9 june, establishing general criteria for the adaptation of additional times selective processes for public employment of persons with disabilities.

For this reform there are two possible alternatives regulatory, or operate a modification of the order PRE/1822/2006, or to adopt a new order and to repeal the previous one.

On the basis of the objectives of the rule is most timely as the adoption of a new order establishing general criteria for the adaptation of additional times selective processes for public employment of persons with disabilities.