El derecho al trabajo de las personas con enfermedades catastróficas, raras o huérfanas

Abstract

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.