Deficiência e acessibilidade: a discussão nacional é indispensável

Studying, researching, discussing, speaking and writing about one of the most important topics, which is part of our social and human concerns, is a challenge that must be faced in the proper context: bioethics.Issues of disability and accessibility refer to the fundamental rights of the individual, the Brazilian Constitution, the legislation in force in the country, the Sistema Único de Saúde -SUS (Brazilian Unified Health System), as well as ethical concepts and theories, and principles of justice such as autonomy, equity, social exclusion, morality, utilitarianism, and vulnerability, among other issues discussed by contemporary and non-contemporary bioethicists and philosophers.Article 5, subsection II, of the Brazilian Constitution guarantees that no one shall be obliged to do or not to do anything other than by virtue of law 1 .Subsection XIII states that the exercise of any work, trade or profession is free, subject to the professional qualifications that the law prescribes 1 .At least eight other articles are specifically aimed at citizens with disabilities, covering discrimination, protection and social integration, quotas for public posts and jobs, qualifications and rehabilitation, specialized educational services, creation of preventive programs, as well as standards of construction and adaptation of public places, buildings and transport existing at the time of the promulgation of the Constitution.Most of these determinations have not been complied with.Lei 13.146/2015 [Law 13,146/2015] 2 -the Brazilian Law on the Inclusion of Persons with Disabilities -repeats the concerns of the Constitution and adds other guidelines.Article 2 defines a person with a disability as one who has a long-term physical, mental, intellectual or sensorial disability, which, in conjunction with one or more barriers, may obstruct their full and effective participation in society 2 .Article 4 establishes that every person with a disability has the right to equal opportunities with others, and will not suffer any kind of discrimination 2 .It also considers, in paragraph 1, that discrimination is any form of distinction, restriction or exclusion by action or omission, that has the purpose or effect of impairing, preventing or nullifying the recognition or exercise of the fundamental rights and freedoms of persons with disabilities 2 .According to article 9, the disabled person has the right to receive priority service (...) in all institutions and public services.In addition, the qualification and rehabilitation process aims to develop the potential, talents, skills and abilities (...) that contribute to the achievement of the disabled person's autonomy and their social participation within equal conditions and opportunities with other people, as specified in Article 14 2 .

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