P.R. Laws tit. 1, § 512a

2019-02-20 00:00:00+00
§ 512a. General rights

Persons with disabilities shall be entitled to:

(a) The full guarantee of all the rights, benefits, responsibilities and privileges on equal terms with those of persons without disabilities.

(b) Freedom from interference, coercion, discrimination or reprisals for the exercise of their civil rights.

(c) To live in an environment of serenity, respect and dignity that satisfies their basic rehabilitation, housing, nutrition, health, education, recreation and economic needs taking into account their physical, mental, social and emotional condition within the framework of social inclusion.

(d) To be free from pressure, coercion, and manipulation from relatives, nonrelatives, private businesses or the State, with the intent of exploiting them financially or of impairing their capability and their right to make decisions for themselves.

(e) To receive medical attention in the preventative, clinical and rehabilitation phases for the protection of their health and their general well-being.

(f) To practice a profession, occupation or trade that fits their knowledge and capabilities.

(g) To obtain employment free from discrimination by reason of their disability.

(h) To participate in workshops, receive orientation, and technical and technological assistance that allow them to fully develop their potential.

(i) To be heard in all matters that affect them and in public interest matters without restriction, interference, coercion, discrimination or reprisals.

(j) To identify which relative or relatives they want to live with or at which location, in an environment of love, understanding and serenity.

(k) To enjoy and have access to recreational, sports, educational and cultural services in the community.

(l) To have access to public benefits and services in the areas of education, vocational rehabilitation, housing, social welfare, health, transportation and employment.

(m) To enjoy a peaceful environment of serenity and relaxation.

(n) To receive social protection or security or both against physical or emotional abuse or from psychological pressure by any other person.

(o) To act alone or jointly with other members of their group in search of solutions to their grievances and problems.

(p) Not to be subjected to involuntary restrictions in the hospital or substitute or residential home, unless there is a medical or legal order that so provides or if necessary due to a state of emergency to avoid inflicting injuries to themselves or others, subject to the legislation or jurisprudence in effect.

(q) To assemble, communicate and meet privately with others, unless in so doing the rights of others are infringed upon.

(r) To receive their mail unopened, unless with their express written authorization, or that of the legal tutor.

(s) To enjoy privacy regarding the information in their medical records, which shall not be disclosed without their consent in writing, subject to the legislation or jurisprudence in effect.

(t) To inspect, free of charge, any records under the custody of persons who render medical or other services, subject to the legislation or jurisprudence in effect.

(u) Not to be subjected to excessive medication to constrain, restrict or immobilize them, unless there are recurring health conditions that attempt against their physical safety or that of others, subject to the legislation or jurisprudence in effect. Orientation regarding the use of and need for medications shall be given in those cases that warrant doing so after trying all other available treatment alternatives.

(v) To have access to technology or technological assistance to maintain, improve or increase their capabilities.

(w) To have decisions made with their approval and consent at all times pertaining to identification, evaluation, location and intervention that affect the person with disabilities, unless they are made to abide by a court decision. Also, to participate in the design of any intervention plan structured to serve them, as well as in any decision making, to the extent possible.

(x) To lodge complaints or grievances regarding any infringement of the rights set forth in this chapter and to have them resolved in an unbiased procedure in a fair and swift manner, pursuant to §§ 2101 et seq. of Title 3, better known as the “Uniform Administrative Procedures Act.”

(y) To have their objections considered diligently at the corresponding level of the pertinent forums and, if necessary, to be represented before the pertinent agencies and forums in defense of their rights by parents, tutors or legal representatives.

(z) To receive protection against negligence, mistreatment, prejudice, abuse or carelessness by any relatives, service providers or the community.

(aa) To receive services and have the same frequently evaluated for quality and effectiveness.

(bb) To be provided with a translator or interpreter when necessary to achieve effective communication and informed consent.

(cc) To receive education and training when their condition allows which promotes the full development of their personality and which acknowledges and respects their human rights.

(dd) To respect their autonomy in all matters relating to issues that affect life, progress, treatment, recovery and rehabilitation, according to their general level of functionality.

(ee) To manage their property, including their valuable property, unless they have been legally declared unfit to do so.

History —Aug. 31, 2004, No. 238, § 4; Aug. 5, 2009, No. 57, § 3.