Prior public consultation on the Draft royal decree regulates access to public employment and providing employment of persons with disabilities.

The Royal Decree 2271/2004 of 3 december, which regulates access to public employment and providing employment of persons with disabilities is the standard replacement intended.

Since its adoption, there have been important legislative advances, social and technological developments that require updating this rule.

In particular, the entry into force of international standards such as the convention on the rights of persons with disabilities of the united nations, as well as changes in national legislation, such as the royal Legislative Decree 1/2013, of 29 november, which approves the consolidated text of the General law on rights of persons with disabilities and their social inclusion, have expanded and strengthened the focus on universal accessibility and design for all people.

In addition, the current social context demand more inclusive public policies, with particular emphasis on the elimination of barriers to accessibility, the promotion of equal opportunities and recognition of the functional diversity as a value for public administration.

Therefore, it is essential to adapt the regulatory framework in the current principles and to ensure their consistency with current standards and best practices in inclusive employment.

Since the promulgation of royal decree 2271/2004 of 3 december, have identified a number of areas requiring revision and updating to improve the inclusion of persons with disabilities in public employment.

The main problems that can solve this initiative are to:

Need for adaptation to international and national regulations.Since 2004, it had adopted instruments such as the convention on the rights of persons with disabilities, which was ratified by spain in 2008, and the royal Legislative Decree 1/2013, which approves the consolidated text of the General law on rights of persons with disabilities and their social inclusion.

Furthermore, it must be considered, the royal 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. Article 108.4, for example, increases its quota of reservation in the selective processes and 115.2 promotes the participation of these people in the selection. The 113 for its part, is entirely devoted to public employment of persons with disabilities. It is essential that the current regulations to ally itself with these legal frameworks to ensure the effective inclusion.

Technological and social affairs.Technological developments and social changes require the selective processes more accessible and adapted, as well as the provision of jobs to consider the specific needs of persons with disabilities, promoting equal opportunities and by removing barriers.

This initiative seeks to address these challenges, updating the framework of standards to secure a full and effective integration of persons with disabilities in public employment, in line with the principles of equality, non-discrimination and universal accessibility.

The modification of the royal decree 2271/2004 of 3 december, which regulates access to public employment and providing employment of persons with disabilities, is one of the measures that the strategy on disability 2022-2030 attributed to the now ministry for the Digital Processing and the civil service.

In addition, there was a need to update the public employment policies for persons with disabilities, incorporating measures to facilitate their access and permanence in jobs adapted to their capabilities and needs.

This is combined with a public administration that is increasingly proactive and responsive to the social demands. A good example is the consensus on the one Open Government, a road map of this Ministry, for the transformation established in a participatory way with all interested sectors through an innovative approach.

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

In this context, the adoption of a new norm that regulates the access to public employment for persons with disabilities is presented as an opportunity to move toward alignment with international standards and national laws, ensuring the implementation of the rights of persons with disabilities; incorporating affirmative action measures and reasonable accommodation to facilitate access to and advancement of persons with disabilities in public employment and promote a culture for all public administrations, valuing diversity and promotes equal opportunities for all citizens.

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

Through the draft royal decree will seek to ameliorate the following issues:

• updating the regulatory framework, by replacing the Royal Decree 2271/2004, by adapting the legislation on the progress of 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.

• providing certainty with regard to public employment and providing employment of persons with disabilities.

• establishment of concrete measures to reduce physical barriers, technological and processual selective processes, ensuring their accessibility and adaptation to the diverse needs of persons with disabilities.

• update reserve quota of places for persons with disabilities, in accordance with article 108.4 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.

• Promote reasonable accommodation and universal accessibility, ensuring that jobs are tailored to individual needs of persons with disabilities and enhancing the compatibility between the functions and capabilities.

• promote equality in career, incorporating measures to ensure that persons with disabilities have access to internal promotion processes, mobility and provision of jobs on an equal footing.

• clarify matters pending substance in the field of access to public employment, for the sake of greater legal certainty.

• to establish an inclusive and representative, to promote organizational culture based on respect for diversity, equal opportunities and universal design, positioning the civil service as a reference model in labour inclusion.

• assess and continually improve, through the establishment of mechanisms for monitoring, assessment and continuous improvement of the measures taken, with the active participation of the third sector, as representative organizations of persons with disabilities and other actors involved.

If you do not proceed to the adoption of this rule, would remain in force the royal decree 2271/2004, which does not reflect the normative advances, social and technological developments that occurred since its enactment. This would generate a mismatch between the standards at state and international standards, with the risk of incurring legal violations.

Although partial amendments might be raised or the adoption of provisions of the lowest level, such as instructions or internal circulars in the field of public administration, these options remedies do not provide a comprehensive solution nor would it have the legal force sufficient to ensure coherence and effectiveness required.

It could consider the development of awareness-raising programmes, training and good practices aimed at fostering labour inclusion of persons with disabilities in the public sector. However, these measures, although complementary and Useful, could not replace the need for an updated policy framework that specifically governs access to public employment and the provision of jobs for this group.

The development of a new rule with the rank of royal decree as the best viable alternative to comprehensively address current challenges, by ensuring the full inclusion of persons with disabilities in public employment and complying with the legal and social commitments.