Apr
24
2019

Support for victims with non-physical disabilities is strengthened by the Unit

The Unit put to consideration of other entities and organizations that have to do with disability, the adjustments to the protocol with which it is determined if a person with intellectual, psychosocial or multiple disability requires support for making decisions concerning administrative compensation.

BOGOTÁ, D.C.BOGOTÁ, D.C.

When a person of legal age, included in the Unified Registry of Victims, with an intellectual-cognitive, mental-psychosocial, or multiple disability, approaches the Victims' Unit to request the administrative compensation to which they are entitled as a priority, the entity verifies that it complies with those characteristics and then applies a protocol through which it determines if the person requires some support to guarantee their rights, the adequate management of resources and to improve their life in general.

It is about guaranteeing that the person with any of these disabilities can make a Decision Making with Support (TDA) with respect to administrative compensation. Validating this protocol and adjusting it was the purpose of a meeting led by the Unit in the Black Tower Hotel in Bogotá and which called for delegates from various state entities, social organizations and the International Organization for Migration (IOM), which has made technical assistance to the Unit in this matter.

Leonardo Montenegro, coordinator of the unit's gender differential and focus group, explains what the instrument is about: "This is for people over 18 years of age, it does not apply to physical disabilities, it is designed for people who have barriers to the communication and that require support for decision making. These types of support can be communicative aids so that the person with disabilities understands the scope of the application of the Victims Law, understands the effects of administrative compensation and can determine their will with respect to each measure of reparation". Victims must also reside in Colombia and NOT have a designated curator through an interdiction sentence.

Before the Law, all persons with disabilities have legal capacity under equal conditions in all aspects of life and this includes the ability to hold rights and act in law. They can own and inherit property, establish conjugal partnerships, control their own economic affairs and have equal access to bank loans, mortgages and other forms of financial credit.

That is why with the TDA protocol for the delivery of administrative compensation, the Unit seeks to assess the support that the victim with disabilities requires for the full exercise of their legal capacity in relation to compensation; provide clear and sufficient information to promote the making of free and informed decisions; provide and recognize the support that the victim requires to exercise their legal capacity and make decisions; and implement safeguards to ensure respect for the will and preferences of these people.

The application of TDA protocol includes visits to the residence of the victim with disabilities, interviews with him and his relatives or support persons in all aspects of his life, support for the proper management of compensation resources and guidance. on how to access the services offered by other State entities and that contribute to the exercise of their rights.

The meeting was attended by representatives of the Ministries of Labor, Justice, Health and Social Protection, the Ministry of the Interior, the Office of the Ombudsman, the National Attorney's Office, the Presidential High Council for the Participation of People with Disabilities, the Colombian Family Welfare Institute (ICBF) , Asdown Colombia, Universidad de los Andes, Colombian Autism League, Saldarriaga Concha Foundation, Association of Parents with Special Children (Acphes) and the Colombian School of Rehabilitation.

In resolution 1049 of 2019, the Unit prioritized the right to compensation in three particular situations, one of which is disability. The others are: to be 74 years old or older, and to suffer a catastrophic, orphan or terminal illness.

(FIN/DRR/DFM)