El Salvador

In El Salvador, the definition of disability is outlined in the Law of Equal Opportunities for Persons with Disabilities (Ley de Equiparación de Oportunidades para las Personas con Discapacidad), passed in 2000.
 
Disability is defined as a physical, mental, or sensory impairment that limits one or more of a person’s essential activities. This includes impairments that affect an individual's participation in societal activities or the workforce. The law aims to provide a comprehensive framework for the inclusion and support of persons with disabilities, ensuring their rights and promoting their full integration into society.

El Salvador has enacted several key pieces of legislation aimed at protecting the rights of persons with disabilities. The primary law is the Law of Equal Opportunities for Persons with Disabilities (2000), which sets forth provisions for equal rights in various sectors, including education, employment, and healthcare. This law also mandates the accessibility of public spaces and transportation. Additionally, the Labor Code includes provisions to prevent discrimination against persons with disabilities in the workplace.

El Salvador ratified the United Nations Convention on the Rights of Persons with Disabilities (CRPD) in 2007, further committing to uphold the rights of people with disabilities.

In 2020, the Special Law for the Inclusion of Persons with Disabilities was enacted, which repealed the 2000 law and establishes that the State will help guarantee the elimination of barriers that hinder the full development of persons with disabilities, promoting the implementation of universal design in private, municipal and public sector entities.

On 1 January 2021, the Law on the Inclusion of People with Disabilities came into force in El Salvador. This will bring about major changes in the labor market, starting with the implementation of labor incentives to promote job opportunities and with the increase in disability employment quotas, which used to be set at one person with disabilities per 25 employees and is now one per 20.

This is linked to the establishment of a Sanctioning Court in charge of imposing substantial fines on those who do not comply with the law. In the past, under the Law of Equality of Opportunities for Persons with Disabilities (2000), the fine came to USD 57.14; this has now been raised to over USD 2,000.

Reference: ILO & Consortium Legal

Employers in El Salvador are required by law to ensure that their workplaces are accessible to persons with disabilities. The Labor Code stipulates that employers must not discriminate against employees or job candidates based on disability.
 
The 2021 Law on the Inclusion of People with Disabilities establishes that every private employer has the obligation to hire at least one person with a disability for every 20 workers in its service.
 
The quality of disabled is proved with the Certification of Qualification of Disability of the Salvadoran Institute of Social Security (ISRI); as well as through the National Registry of the Person with Disability or through the Unique Card of Disability.
 
Employers must also ensure compliance with the General Law on Prevention of Workplace Risks, which includes accommodations for workers with disabilities.
 
Reference: ILO & Consortium Legal

El Salvador’s Law of Equal Opportunities for Persons with Disabilities mandates that public and private spaces, including workplaces, schools, and transportation, must be accessible to persons with disabilities. This includes the installation of ramps, elevators, and accessible restrooms, among other accommodations. While the law is comprehensive, enforcement remains a challenge, and accessibility varies widely across different areas of the country.

In terms of architectural accessibility for people with disabilities, the General Law for the Prevention of Risks in the Workplace and the Technical Regulations on Accessibility, Urban Planning, Architecture, Transportation and Communications, which have been in force since 2010, establish that all workplaces, and in particular the circulation routes, doors, stairs, restrooms and workstations, must be equipped for people with disabilities; In the same sense, they require employers to specifically guarantee the protection of workers who, due to their personal characteristics or known biological condition, including people with disabilities, are especially sensitive to occupational hazards, which must be reflected in emergency plans, risk control matrices, training and all occupational health and safety actions carried out.
 
Reference: Consortium Legal

El Salvador's population is estimated at 6.3 million, persons of disabilities are estimated at 463,075, this is equivalent to 7.35% of the population.

Reference: UNICEF

There are several organizations in El Salvador that provide support and resources for job seekers with disabilities. Fundación Red de Sobrevivientes y Personas con Discapacidad and CONAIPD (Consejo Nacional de Atención Integral a la Persona con Discapacidad) are key resources for both job seekers and employers, offering training, advocacy, and employment services.

Consortium Legal: The right to employment for individuals with disabilities in El Salvador

Disability Inclusion in Latin America and the Caribbean