Main Body
Chapter 1: Andrea Parra – Colombia
Speaker Bio
Andrea Parra (she/her) is a Colombian feminist attorney, legal activist, experiential trainer and translator. She is an independent consultant with various human rights organizations and grassroots groups. She is the co-coordinator of the Latin American Network on Article 12, which focuses on the protection of the right to legal capacity of people with disabilities, the director of Talleristas por la Justicia, and the co-director of ALCE, a project to abolish all forms of confinement and punishment, particularly psychiatric violence. Since 2014, she has been a core trainer with Training for Change, a training and capacity-building organization for activists and organizers. Until 2018, she was the Global Advocacy Director for CREA, a feminist human rights organization based in India. She has also worked at the Washington College of Law of American University as the Practitioner-in-Residence for the Immigrant Justice Clinic. Prior to that, she was the director of the Action Program for Equality and Social Inclusion (PAIIS), a human rights law clinic at the Universidad de los Andes in Bogotá, Colombia focusing on advocating against discrimination based on disability, gender identity and sexual orientation. She was a professor at the School of Law of the Universidad de los Andes in Bogotá for seven years and was awarded the Innovative Teaching Award in 2015.
Background
Current State of Article 12 in Colombia
Since Colombia ratified the CRPD in 2011, there have been extensive legislative changes. These changes include the passing of a statutory framework in 2013, a review before the CRPD in 2016, and the passing of law 1996 in 2019 which fully eliminated guardianship from the Colombian system and mandated the implementation of supported decision making. The passing of law 1996 led to an enormous amount of pushback and subsequently nine constitutional challenges against the law (Parra, 2023). However, in all the decisions the Constitutional Court issued, the law was deemed as constitutional (Parra, 2023). By eliminating guardianships, disabled people can now create a support agreement before any notary, judge, or mediation center without cost. To ensure a successful transition, these changes required regulation, and as such the Supreme Court of Colombia has issued over 20 decisions about the proper implementation of the law (Parra, 2023). While there has been lots of pushback from families, from civil law attorneys, from judges and from notaries there are also many people who continue to support it both in Colombia and across Latin America.
Current State of Activism in Colombia
Advocacy around Article 12 continues in Colombia and within broader Latin America. Organizations such as Asdown Colombia, Nodo Comunitario de Salud Mental y Discapacidad Psicosocial, Liga Colombiana de Autismo, and University Los Andes’ Action Program for Equality and Social Inclusion continue to advocate for the development of robust supports to fully implement supported decision making and the eradication of all forms of sterilization for disabled peoples.
Video Presentation
Click here to read the Transforming the Disabling/Maddening State – Andrea Parra video transcript.
Andrea provides a link in the chat for attendees to read more about her work with A.L.C.E, an anti-punitive, queer collective. Click here for more information about A.L.C.E.
Key Points
- Championing Equal Recognition: The implementation of Article 12, which guarantees equal recognition before the law for people with disabilities under the Convention on the Rights of Persons with Disabilities (CRPD), faced significant opposition in Colombia.
- Natalia Angle’s Impact: Natalia Angle played a crucial role in Colombia’s adoption of the UN Convention on the Rights of Persons with Disabilities (CRPD).
- Colombia’s Milestone: Colombia ratified the CRPD, becoming the hundredth country to do so.
- Law 1996: In 2019, Colombia celebrated the passing of Law 1996, which completely eliminates guardianship from the system and mandates the implementation of supported decision-making.
- Latin American Network: The Latin American Network on Article 12 consists of more than 150 activists, advocates, and academics.
- Colombia’s Activism: Colombia, a country with a 60-year history of war, has a strong tradition of human rights activism, especially regarding state terrorism, women’s rights violations, and Indigenous rights violations.
- International Advocacy: There is a widespread effort to pressure international organizations to recommend action to the state. Human rights advocates and political leaders have submitted shadow reports to the Human Rights Committee and the Committee Against Torture for 20 years.
- Formation of the Coalition: The disability rights movement in Colombia, which had never engaged with the UN system before, began a process of political education and formed a coalition called the Colombian Coalition for the Implementation of the Convention on the Rights of Persons with Disabilities, bringing together around 30 organizations.
Shaking up a whole system:
- Collaborative Efforts: A 3-year working table brought together advocates and representatives from various agencies responsible for implementing the law, including the Ombudsman’s Office, the Attorney General, the Inspector General, the Ministry of Health, the Presidential Advisor on Disability, and the Protection System.
- Michael Bach’s Contribution: Michael Bach played a significant role in establishing pilot projects, making him a valuable ally for 65 people with disabilities with diverse challenges. The pilot project demonstrated that a change in the law was possible.
- Extensive Training: The Ministry of Justice trained over 2000 judges and justice operators to implement the law despite facing 2 attempts in Congress and 9 constitutional challenges, resulting in over 20 decisions from the Supreme Court.
- Global Collaboration: The assistance of experts from around the world can play a crucial role in successfully transforming countries in the Global South.
- Reforms and Progress: Some reforms have eliminated the need for guardianship in specific areas, such as sexual and reproductive rights and property disputes. Additionally, litigation against psychiatric hospitals has been permitted, and measures have been taken to protect the legal capacity of individuals.
Questions to Consider
Additional Resources
Journal Articles
Borda, J. P., Tamayo, R., & Owen, G. (2018). Mental capacity in Colombia: a comparison with the UK. BJPsych International, 15(4), 85–88. https://doi.org/10.1192/bji.2017.17
Constantino Caycho, R. A., & Bregaglio Lazarte, R. A. (2023). A four-speed reform: A typology for legal capacity reforms in latin american countries. Laws, 12(3), 45. https://doi.org/10.3390/laws12030045
Vásquez Encalada, A., Bialik, K., & Stober, K. (2021). Supported decision making in South America: Analysis of three countries’ experiences. International Journal of Environmental Research and Public Health, 18(10), 5204. https://doi.org/10.3390/ijerph18105204
Online Resources & Websites
Asdown Colombia. (n.d.). Home. https://asdown.org/
Correa-Montoya, L., & Castro-Martínez, M. C. (2016). Disability and social inclusion in Colombia: Saldarriaga-Concha Foundation alternative report to the committee on the rights of persons with disabilities. Saldarriaga-Concha Foundation Press. https://www.saldarriagaconcha.org/wpcontent/uploads/2019/01/pcd_disability_social_inclusion.pdf
Liga Colombiana de Autismo. (n.d.) Home. https://ligautismo.org/
Talleristas por la Justicia. (n.d.) Home. https://www.trainingforchange.org/es/programa/txj/
Videos, Webinars, Presentations
Iniciativa ALCE. (2023, May 6). ¡Cuidado! Ahí Vienen lxs anormales! Racismo, eugenesia y colonialismo en los Sistemas de Salud [Careful! Here come the freaks! Racism, eugenics and colonialism in health systems] [Video]. YouTube. https://perma.cc/H3MP-224N
Paiis Uniandes. (2022, October 21). Ley 1996 De 2019: Un Camino Hacia La Igualdad [Law 1996 of 2019: A Path Towards Equality [Video]. YouTube. https://www.youtube.com/watch?v=ucqRzKEtGa4
