masterThesis
El derecho al trabajo de las personas con enfermedades catastróficas, raras o huérfanas
Fecha
2021-01-11Autor
Murillo Calle, Milton Andrés
Institución
Resumen
The propose of this master paper is describing to what extent the evolutive interpretation of
law at the current Ecuadorian legislation includes catastrophic illnesses and rare diseases
within the consecrated state measures in favor of the labor law for people with disabilities.
In the first chapter, the research presents some notes on the notions of disability and its
conceptual evolution and how the emphasis in its social element would allow us to include
new medical conditions within that category. In the second chapter, international regulations
are reviewed, particularly how these regulate the figure of disability and warn about the need
to adapt legal norms to the changing social needs. In the third chapter, several solutions are
addressed that the International law has granted to the disability, catastrophic illnesses and
rare diseases discussion. Finally, the historical journey carried out in the fourth chapter about
the treatment of disability in the Ecuadorian law where the new legislation has increasingly
provided more guarantees.
Within this research, it becomes evident how catastrophic illnesses and rare diseases adjust
disability regarding labor law, because of current social prejudices about them. In general, it
is believed that people who experience them are not able to fulfill work tasks and, in
consequence, it is necessary to apply valid affirmative actions in the labor field in favor of
people with disability.