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The vague explanations given by Minister Stanley are insufficient, and do not address the serious problems that the Ministry itself has generated. Among their shortcomings, it is observed that they do not specify which pensions will be restored and which will not be reinstated, omit to detail in which cases they consider that there have been errors, what will be the procedure that will be applied, and what criteria will be applied to resolve on the granting and continuity of pensions .

The massive pension suspension occurred without respecting minimum guarantees of due process, and applied restrictive and unconstitutional criteria.

The suspension and suspension of pensions not only implies the suspension of the economic benefit, but also restricts access to medical services. The interruption of medical treatment is one of the serious consequences that this measure has caused.

Of the complaints received we observe that in certain cases the Ministry continues to maintain unreasonable criteria, which is seen in the suspension support for owning a motor vehicle. Also, some people the Ministry has told them that it is not certain when their benefit will be restored, saying that it could be only the following month or later. The non-application of the procedure, the inaccuracies of the official communications and the concrete responses that are being received by the people affected by several days lead to many of them continuing in uncertainty as to whether they will recover their pension or how to Dispute a suspension which they consider to be arbitrary. Their defenselessness further aggravates their situation of vulnerability.

The criteria used, by means of an isolated interpretation of Decree 423/97, which include the analysis of assets and / or income in the family group, reinforce the dependence links of persons with disabilities, ignoring their right to live independently and to be included In the community, recognized in art. 19 of the Convention on the Rights of Persons with Disabilities.

The Ministry must immediately reinstate suspended or discharged pensions in violation of due process, both during the month of June and in previous months, and implement an information and discussion mechanism that effectively and effectively assures the right to To be heard and to exercise the defense, to offer and produce evidence, in good time, by all persons holding a disability pension.

Lastly, it has been requested to generate spaces for the participation of civil society in the process of adapting decree 432/97 to the Convention on the Rights of Persons with Disabilities and to international human rights treaties and to ensure that until such happens Its interpretation is done in accordance with those instruments.

More information

Note submitted to the Ministry of Social Development

Contact

Agustina Mozzoni, agustinamozzoni@fundeps.org