Key Elements for the Employment Inclusion of People with Disabilities in Nicaragua

Uriel Balladares, attorney at ARIAS Nicaragua and expert in Labor Law, shares this article on the obligations imposed by Nicaraguan legislation and international treaties to promote the inclusion of people with disabilities in the workplace, the benefits these regulations provide to employers, and recommendations for best practices to be implemented for the integration of people with disabilities.

As of March 2023, the World Health Organization (WHO) reported that "1.3 billion people—1 in 6 globally—experience significant disability.”1

In Nicaragua, the Ministry of Health is the competent authority to officially recognize physical, sensory, mental, and intellectual disabilities and to issue the corresponding certification and ID card free of charge. The Ministry also manages the Todos con Voz Program, created to monitor and evaluate the care and follow-up of individuals with disabilities, with a focus on those in critical situations (the "Program”). As of August 2023, the Program registered 190,253 people with disabilities, while the Ministry’s Health Map indicates that 194,495 Nicaraguans have a disability. Of these, 81,277 have physical disabilities, and 43,472 have intellectual disabilities. To our knowledge, no official statistics exist on how many of these individuals have stable employment or income in Nicaragua.

As stated in the preamble to the United Nations Convention on the Rights of Persons with Disabilities (the "Convention”)—which Nicaragua signed and ratified in 2007—disability is an evolving concept. The Convention introduced a "social model” for addressing disability issues in contemporary law2. This model views disability as resulting from the interaction between individuals with impairments and the physical, economic, and social barriers imposed on them by their environment. Reflecting the Convention’s definitions, Article 3 of Law No. 763, the "Law on the Rights of Persons with Disabilities,” defines "Disability” as "the outcome of the interaction between a person with impairments and a disabling environment. Disability is framed by the latent and persistent barriers set by society that prevent persons with disabilities from accessing social life actively, passively, directly, or indirectly like any other human being. Thus, disability does not reside within the person because of an impairment.”3

Article 27 of the Convention recognizes the right of persons with disabilities to work on an equal basis with others, including the right to earn a living by freely chosen or accepted work in an open, inclusive, and accessible labor market and environment. This underscores two key elements for protecting the labor rights of persons with disabilities: non-discrimination and accessibility.

On Non-Discrimination:

Regarding discrimination based on disability, the Convention defines it as "any distinction, exclusion, or restriction on the basis of disability which has the purpose or effect of impairing or nullifying the recognition, enjoyment or exercise, on an equal basis with others, of all human rights and fundamental freedoms in the political, economic, social, cultural, civil, or any other field. It includes all forms of discrimination, including denial of reasonable accommodation.” 4 Reasonable accommodations are defined as "necessary and appropriate modifications and adjustments not imposing a disproportionate or undue burden, where needed in a particular case, to ensure persons with disabilities enjoy or exercise all human rights and fundamental freedoms on an equal basis with others.” Nicaraguan law reflects these concepts and adds to the definition of disability discrimination behaviors such as intimidation, hostility, degradation, humiliation, cruelty, and offensive acts toward persons with disabilities.5 In other legal systems, these behaviors are referred to as "harassment” against persons with disabilities.

Article 5 of the Convention states that persons with disabilities are equal before the law and are entitled to equal protection and benefits under the law without any discrimination. To achieve this, States Parties to the Convention are required to prohibit discrimination and ensure the provision of reasonable accommodation to promote equality and eliminate discrimination.6 

In Nicaragua, the Constitution establishes as a fundamental right the respect for individual diversity without any form of discrimination, guaranteeing equality before the law and explicitly prohibiting discrimination based on nationality, political belief, race, sex, language, religion, opinion, origin, economic status, or social condition.7 While there is no explicit prohibition in the Constitution against discrimination based on disability, it should be interpreted under the fundamental principle that prohibits discrimination of any kind. Additionally, the Nicaraguan Criminal Code defines the crime of "Discrimination” as applicable to "anyone who prevents or hinders another from exercising a right or authority provided in the Constitution, laws, regulations, and other provisions, for any reason or condition, whether economic, social, religious, political, personal, or otherwise.”8 Therefore, any discriminatory act that obstructs or hinders someone’s constitutional or legal rights may constitute the crime of "discrimination." Furthermore, the Criminal Code includes as an aggravating factor when a crime is committed in relation to discrimination, including that based on "illness or disability.”9

Nicaraguan labor law upholds non-discrimination principles. Accordingly, the Labor Code establishes in its Fundamental Principles that "equal pay for equal work is guaranteed for workers under identical working conditions, appropriate to their social responsibility, without discrimination based on political, religious, racial, sex, or any other grounds, ensuring their well-being in line with human dignity.”10 Similarly, discrimination in the workplace is criminalized, penalizing anyone who discriminates in employment based on birth, nationality, political affiliation, race, ethnic origin, sexual orientation, gender, religion, opinion, economic position, disability, physical condition, or any other social condition.11 In this same vein, Law No. 763 establishes that the Ministry of Labor is responsible for ensuring that persons with disabilities can work under equal conditions as others and enjoy their labor rights, requiring employers to make reasonable accommodations to adapt the environment and working conditions to the needs of persons with disabilities for the exercise of their labor rights.12

Thus, individuals with disabilities may seek protection from the Ministry of Labor or initiate actions against employers if they believe they have been victims of workplace discrimination.

On the Right to Accessibility:

Under the Convention, States Parties are committed to developing, enacting, and monitoring the implementation of minimum standards and guidelines on the accessibility of facilities and services open to the public, including workplaces.13 Similarly, Nicaraguan law recognizes the right to accessibility for people with disabilities, establishing guidelines to ensure that public facilities meet specifications allowing individuals with disabilities to access and use all available spaces, thereby preventing and eliminating barriers that could restrict their access, use, movement, or circulation.14

To achieve this, Law No. 763 introduces Technical Standard No. 12006-04, the "Nicaraguan Mandatory Accessibility Technical Standard” (the "Technical Standard”), which incorporates the standards adopted by Nicaragua on accessibility and technical assistance elements or services suitable for individuals with disabilities. This standard applies to both existing and future constructions within the country.15 For this purpose, the State and Municipal Authorities are responsible for ensuring compliance with the Technical Standard, making the issuance of new construction permits contingent on adherence to these standards.16

The Technical Standard specifies considerations for property owners in designing buildings intended for public use or services, detailing requirements for different facilities, such as parking lots, restrooms, dressing rooms, dining areas, corridors, entrances, stairs, elevators, and more. Additionally, Law No. 763 generally mandates that information or services provided to the public must be accessible to persons with disabilities.17 As such, the Technical Standard also includes obligations to install appropriate signage for circulation and emergencies, including initiatives like Braille signage in locations accessible for everyone.

Consequently, Law No. 763 requires Nicaraguan business owners not only to offer their products and necessary information in accessible formats but also to apply accessibility standards in their construction practices.

Labor Rights of People with Disabilities in Nicaragua:

The labor rights of people with disabilities include working under equal conditions as others and enjoying the same labor protections. Specifically, the Law on the Rights of Persons with Disabilities and its Regulations outline several obligations for employers18:

1. Companies with a payroll of more than ten but fewer than fifty workers must employ at least one person with a disability. Companies with fifty or more employees must hire at least two percent of people with disabilities within their workforce.
2. Employers must adjust hiring criteria to avoid any basis related to disabilities.
3. Employers are required to adapt the workplace and work conditions to meet the needs of employees with disabilities.
4. If an employee acquires a disability, they should be kept in the same job, reassigned to a suitable position, or, as a last resort, provided with a pension.
5. Promotions, reassignments, and terminations must be based on employees' performance and capacity, without considering disability-related factors.
6. Employers must remove any discriminatory regulations or practices and establish measures to prevent disability-based discrimination.
7. Employers should engage in awareness activities and campaigns to promote equal opportunities and prevent discrimination.

To further encourage the hiring of people with disabilities and necessary workplace adjustments, Law No. 822, the "Tax Concertation Law,” allows employers to deduct the costs of workplace adaptations for people with disabilities from their annual income tax.19 This provision enables companies to declare as deductible any reasonable costs or expenses incurred to make workplaces accessible for people with disabilities. While other jurisdictions may offer funding or public subsidies for these expenses, this is not the case in Nicaragua.

Individuals with disabilities also benefit from several direct perks, such as (a) a fifty percent discount on urban collective ground transport, (b) lower fares on interurban, air, and maritime transport within the country, (c) at least a fifty percent discount on tickets for cultural, sports, or recreational events, and (d) lower rates for private events. Registration with the Ministry of Health and an official disability card are required to access these benefits.

It is worth noting that the labor legislation provides a minimum set of guarantees that may be improved upon in employment relationships. Companies can implement additional measures to create a more inclusive environment for hiring people with disabilities, beyond the principles of non-discrimination and accessibility.

Best Practices for Labor Inclusion:

The International Labour Organization (ILO) in Argentina has introduced a Guide for Hiring People with Disabilities, outlining five essential steps for integrating individuals with disabilities into the workplace.20 First, it suggests establishing contact with organizations experienced in disability inclusion to secure a partnership for support throughout the process. The second step involves a technical analysis of each job role to identify required competencies. Third, companies should interview, assess, and select candidates whose skills align with the job, identifying any reasonable accommodations needed for them to thrive. Fourth, the guide recommends conducting an inclusive induction process, offering support to the new employee and training existing staff on diversity and inclusion to foster a welcoming environment. Finally, continuous follow-up is advised to evaluate the employee's performance and interpersonal relationships, with structured feedback and evaluation to support their integration.

The ILO's model is aimed at identifying roles that people with disabilities can fill based on their competencies. In contrast, Nicaragua's Ministry of Labor (MITRAB) takes a slightly different approach in its 2020 Guide for the Labor Inclusion of People with Disabilities.21 While MITRAB's steps are similar to those outlined by the ILO, the focus is on adapting roles to include people with disabilities. This assumes that companies are proactively committed to hiring individuals with disabilities and are willing to take positive actions to make this happen. After consulting on disabilities, MITRAB's guide recommends adapting job descriptions to accommodate the skills needed for individuals with disabilities. Additionally, MITRAB suggests involving external advisors for both the induction and role adaptation processes.

Companies can also implement policies that institutionalize their commitment to labor inclusion. Without such policies, each organization should assess whether job descriptions, internal policies, and processes could inadvertently discriminate against or inadequately support individuals with disabilities.

Finally, reasonable accommodations may include adjustments to infrastructure, accessibility, work tools, and flexible hours or policies, ensuring an optimal environment for the individual's success. This reflects the understanding that people with disabilities not only have the right to equal participation in the workforce but also contribute positively to the company's culture and workplace environment.



The information provided by ARIAS® is presented for informational purposes only. This information is not legal advice and is not intended to create, and does not constitute, an attorney-client relationship. Readers should not act upon this information without seeking advice from professional advisers.