The law and occupational justice: Inputs for the understanding of disability in Chile

ABSTRACT

Occupational justice is a widely used concept in occupational science literature. While its conceptualization and practical dimensions have proven somewhat difficult, it has emerged as a category that occupational science discussions cannot ignore. This article broadly describes the concepts of occupational justice and occupational rights, explaining the main difficulties in addressing disability in the Chilean legal framework. Such difficulties basically relate to the continued existence of a medical approach in several Chilean regulations and to a partial non-compliance of international standards in the legal approach to disabilities. This issue raises shared points of interest between law and occupational justice , as discussed in this paper. Future challenges in addressing this issue are identified with the aim of advancing occupational justice to practical concerns.

KEYWORDS:

• Occupational science
• Social justice
• Chile
• Law

TAMBIÉN PUBLICADO EN ESPAÑOL:

• https://doi.org/10.1080/14427591.2018.1522946

View translated version:

Derecho y justicia ocupacional: Aportes a la comprensión de la discapacidad en Chile

ORCID

Yanira Zúñiga http://orcid.org/0000-0002-0589-3552

Notes

1 Statutory Decree 1, 2000.

2 Act No. 20,422 (D.O 10.02.2010).

3 Act No. 20,845 2015.

4 Thus, for instance, the Court of Appeals of Santiago (No. 35935-2015) admitted a protection action against a private school. The school had rejected the application of a minor with Down syndrome arguing that its admission system was reserved for the siblings of already enrolled students and admitting their lack of a specific program for students with disabilities. The Court determined that the school should enrol the child based on the principle of required accommodations.

5 The report in Spanish can be downloaded from: http://acnudh.org/wp-content/uploads/2016/04/CRPD_C_CHL_CO_1_23679_S.pdf