TABLE OF DISCUSSION ON HUMAN RIGHTS AND DISABILITY
PERUVIAN NATIONAL COORDINATOR ON HUMAN RIGHTS
LIST OF ISSUES FOR THE PERUVIAN GOVERNMENT
Throughout the last 4 years, since the publication of the recommendations adopted by the Committee on the Rights of Persons with Disabilities – CRPD from 2012 to the present, and thanks to a deeper commitment and improved participation of Civil Society organized around disabilities related to the implementation and follow-up, the Peruvian Government has achieved significant progress in the compliance of the recommendations, and, mainly in harmonizing with its national legislation and the enacting of the new General Law of People with Disabilities – Law 29973 and its provisions, which are focused of the social implications of disabilities and its principles according to Article 3.
This modification in the traditional view of disability, has fostered the enactment of a series of supplementary technical regulations related to the accreditation and certification of the disability, the rulings of the labor force quota in the private sector and the reasonable accommodations made in the work field which were enactedwithin the years 2015-2016.
In spite of such legislative achievements, we would like to draw your attention to the absence of specific measures to improve the process of implementations of the Convention in relation to the following aspects:
- About Articles 1 to 4
Regarding Article 3, we consider that even when greater efforts are made by the State to incorporate the General Principles of the CRPD into public policies and programs, as specified in article 4 of the general disability law, law 29973 , These efforts remain insufficient to ensure the full participation of persons with disabilities in society.
In addition, taking into consideration the paragraph 3 of article 4, we must point out that, despite what is mentioned in item 9 of the observations and recommendations document issued by the Committee, mechanisms have not yet been implemented to encourage the active participation of the population with disabilities which lives in Rural areas, as well as children, young people, girls, women and indigenous people in the processes of consultation and design of public policies that involved them.
It should be stressed that the right of the consultation has not been fully guaranteed yet.Those procedures mainly depend on The Executive Branch.
The chaotic organizational situation of the National Council for the Integration of Persons with Disabilities is the main obstacle in providing guarantees for the rights of persons with disabilities here in Peru.During the last two years The Institution has been led by interim or provisional Presidents who have not been able to get the institution out of a procedural entrapment nor to recover its dynamics.
It should be noted that The CONADIS Advisory Board made up of organizations of persons with disabilities besides being incomplete, It doesn’t hell its meetings regularly.
Suggested Questions
•How has the "right to consultation" for disability people organizations been implemented in the Legislature? How has it been implemented in the local and regional governments?
•Is there any record of the consultations process to disability organizations carried out in Peru?
•Is there any information related to this issue that CONADIS or the Ombudsman manage?
•What measures has the government implemented to assure the active participation of disability people organizations in the design and management of public policies at the national level?
- About Article 5. Equality and non-discrimination
Although Article 8 of Law 29973 represents a great advance in the legal recognition of what it is understood as Discrimination in line with the provisions set forth in Law 28867 that amended Article 323 of the Criminal Code, which incorporates the cause of disability to the criminal type, the efforts of the Peruvian Government are not sufficient to develop policies and plans that gradually eradicate the multiple forms of discrimination faced by indigenous groups and ethnic minorities inland, and specifically women, girls and boys with disabilities.
Suggested Question
Please, specify the public policies and programs that the State has formulated to eradicate discrimination against persons with disabilities belonging to indigenous and minority groups, in particular women and children with disabilities living in rural areas, as well as Afro-descendants, as it is mentioned in item 13 of the observations and recommendations document issued by the committee in 2012.
- About Articles 6
With regard to women, it is necessary to point out that most public policies on gender have not properly included women with disabilities. For example, there has not been an appropriate dissemination of programs or policies that include, in addition to the gender approach the disability approach and usually, when organizations of women with disabilities submit initiatives to the ministry of women , They are often referred to the National Disability Council (CONADIS).
Suggested Question
What measures has the State implemented to collect disaggregated data on women with disabilities in relation to their access to education, employment, health and rehabilitation?
- About Articles 7
With regard to children with disabilities, there are no specific measures to promote their active participation and there are no organizations that represent them, so that adequate consultation mechanisms are not in place for the issues that affect them.
Suggested Question
What measures has the State implemented to ensure the active and effective participation of children with disabilities in matters that directly affect them?
- About Article 8. Awareness-raising
Even though the society, in more than one occasion, has expressed total rejection in using negative stereotypes when referring to persons with disabilities, such as the case of the “Telethon”, which remains being a common practice that shows demeaning images appealing to charity in order to guarantee the provision of goods and services needed for rehabilitation, as a way ofreleasing the Peruvian Government from the responsibility to comply with its obligations to respect, protect, and comply with the rights of persons with disability. In addition, although the Telethon does not directly receive public funds, it is true that it has received financial support from public officials and elected representatives.
In addition, there have been very few attempts of designing a high profile campaign or strategy that contributes to the gradual elimination of stereotypes and misconceptions related to disability, exceptsome publicitary spots occasionallyaired on dates related to the day of persons with disability at national or international level.
For this reason, 10 years after the legal dispositions of the CRPD entered into force, there is a huge number of individuals and organizations of people with disabilities that are still unaware of the perspectives of the rights entailed within the concept of disability.
Suggested Questions
•How much are the amounts specifically allocated or executed in awareness campaigns to reassess diversity and promote respect for the rights of persons with disabilities?
- What measures does the State plan to take with regards to the eradication of some charitable model practices such as the Telethon?
- About Article 9. Accessibility
Although the Fourth Complementary Final Disposition of Law 29973 provides the obligation of approving a National Plan of Accessibility oriented to adjust progressively the urban areas, buildings, transportation and communications for persons with disability, 4 years have passed since its approval and still has not been even drafted. On the other hand, the entity specialized in disabilities has adopted some measures to carry out accessibility interventions by Local Governments (Municipal Incentive Plan) and to penalize the non-compliance with laws on disability (Directorate of Inspection and Sanctions ) however these have been insufficient to provide accessibility and guarantee the autonomy and participation of persons with disabilities in different social processes.
As for urban transport, only 10% of Metropolitan integrated system buses are accessible, the rest of the transportation system is totally inaccessible.
Both cities and rural areas throughout the country are totally inaccessible too.
There is an urgent need to make a comprehensive approach to the transportation problem that transcends the happenings in Lima to look at all regions, its cities and its rural areas.
Among the regions there is a high geographic and climatic diversity, which, when it crossing or mainstreaming with inaccessibility, The result have a significant effects on the lives of people with disabilities. For example, in the east regions the main transport is throughout The River, this transport is also inaccessible and prevents people with disabilities go to health services, to The School or to The work.
In the field of communications, the situation is not better, 90% of web portals, public and private institutions are inaccessible to users of screen readers. This situation prevents access to information for people with sensory disabilities, (blind and deaf people), also It obstructs the exercise and actions aimed at promoting and advocating for the rights of persons with disabilities. Finally, only 15% of schools are accessible and 100% of regular schools do not have a sign language interpreter.
Suggested Questions
- Budget and plans
1.1.Does the Peruvian State have an authority on accessibility? When was it created?
1.2.Has the Peruvian State adopted the National Plan for Accessibility, as provided by the Fourth Final Provision of the General Law on Persons with Disabilities? If no action has been taken, what measures are being taken to adopt them?
1.3.What is the budget allocated for accessibility in Peru? How much of it has been executed?
1.4.Has the State Procurement Supervision Agency (OSCE) taken the measures indicated in Article 24 of the Regulations of the General Law on Persons with Disabilities to ensure that he accessibility of State works? If so, please specify such measures and if there have been penalties, specify the amounts.
- Accessibility in transport
2.1.What specific measures have been taken with regard to physical accessibility on public transport, air transport, maritime transport, inland waterway transport, information, communications and technology? How many sanctions have been imposed so far on transport companies?
2.2.What measures has the Peruvian State taken to promote that the contracts for the concession of terrestrial public transport services entered into after 2012 (year of the enactment of the General Law on Persons with Disabilities) establish obligations regarding the accessibility of services and of the transport units?
- Accessibility in State communications and public services
3.1.What supervisory mechanisms has the Superintendence of Banking and Insurance implemented to ensure that financial institutions provide their clients with information in accessible formats in accordance with the provisions of Article 21.3 of the General Law on Persons with Disabilities? How many sanctions have been applied so far?
3.2.Has any penalty been imposed for the media that do not have a sign interpreter in their programming, in accordance with the provisions set forth in Article 95 of the Regulations of the General Law on Persons with Disabilities? How many public television programs have sign interpreters? How many hours of programming do have this interpretation?
3.3.From the advent of digital television, has the obligation to have closed captioning for people with hearing impairment been regulated as well as the need for programming hours with audio description for visually impaired people?
3.4.Is there any information about the number of specialists in augmentative and Alternative Communication in Peru? Are they sufficient for the entire population that requires them? Are they in all regions of Peru?
3.5.What have been the advances in easy to read format? Are there any normative provisions? Is there any documentation in this format? Can the Peruvian Constitution or the General Law on Persons with Disabilities, for example, be read in this format taking into account the barriers of understanding faced by people with intellectual disabilities?
3.6. How many public entities comply with what is indicated in Article 23.2 of the General Law for Persons with Disability regarding accessible websites? What are the mechanisms of supervision of accessibility in websites and in case of infringement what and how many sanctions have been imposed?
3.7.Have mechanisms or measures been implemented to monitor compliance with Article 40 of the General Law on Persons with Disabilities? Is the material that is available in Braille format in public libraries known or recorded?
3.8.Are there easy-to-read versions of the Political Constitution, the General Law of the Person with Disabilities and its regulations, and models of informed medical consent that have been designed from the government?
- Accessibility in infrastructure
What steps has the Peruvian State taken to adapt Technical Standard A.120 to contemporary standards of accessibility, including accessibility measures for people with sensory and intellectual disabilities?
- About Article 12. Equal treatment under the law
While it is true that in the last four years since the enactment of Law 29973, many efforts were made supported by organizations of persons with disabilities and some congressmen in order to harmonize the Civil Code with the new legislation on disabilities and replace the substitute model in the decision making for a real model of support and assistance in making decisions, such reform has not been possible yet. Today a new bill is attempted in consensus with the organizations of persons with disabilities and congressmen of different political parties, so that, finally it can be enacted and be in harmony with Article 9 of Law 29973.
Between June 2015 and June 2016, there are no concrete advances regarding the recognition of legal capacity, while the restrictions on autonomy and the full exercise of the rights of persons with disabilities contained in the Civil Code are in force. However, the debate on the subject is raised at different levels. Legal capacity is the right that allows us to act in the legal field. In our country, people with a sentence of interdiction can not exercise that right. "Public Records" reports show that more than 8,000 people can not make any decisions, can not exercise parental authority, test, sign a contract of employment or open a business, marry, exercise their right to vote. The reform of the Civil Code is the only way to ensure the full exercise of the rights of persons with disabilities, replacing the system of guardianship with one based on systems of support for the exercise of legal capacity as stated in the Convention in its article 12.
Suggested Questions
- About interdiction
1.1.How many people under interdiction regime are in Peru?
1.2.What is being done to harmonize Peruvian legislation with the mandates of the Convention?
- The presumption of capacity
2.1.Can people with intellectual and psychosocial disabilities act legally independently in society? Is it possible that they can open a bank account, sign a labor contract or freely dispose of their assets? What measures have been taken to ensure that they can carry out all these activities?
2.2.Does the person with visual or deaf-blindness disability is still asked to have a witness by request to perform notarial proceedings or to sign contracts? What measures have been taken to prevent this? Have sanctions been imposed?
What measures have been taken to avoid that the provision of the Notary Regulation that establishes a sanction to the notary for "attesting capacity when the attendant is notoriously impaired at the time of granting the instrument" prevent persons with intellectual or psychosocial disability can perform notarial acts?
- On social benefits
3.1.What supports have been made so that people with intellectual, psycho-social and multi-disability who are beneficiaries of social programs of money grants can charge and use the money according to their will and preferences?
3.2.Why have the provisions of the Restated Text of Administrative Procedures - TUPA of the Office of Social Security Standardization (established in Supreme Decree No. 120-2015-EF) the obligation to request interdiction "When the beneficiary cannot express legally his/her will? What measures are being taken to vary this regime?
7. About Article 13. Access to justice
Suggested Questions
1.1.Are court buildings and administrative units accessible to people with physical and visual disabilities?
1.2.Are court records digitized under accessibility parameters for blind people?
1.3.Is there a provision that requires judges to issue sentences in plain language when one of the persons is a person with an intellectual disability?
1.4.Has any training on the issue of disability been performed for operators working in the judicial service? What has been the impact of such training?
1.5.Has the issue of disability been incorporated into regular training for judges and prosecutors?
1.6.Has an instruction/protocol been developed that incorporates the criteria established in the CRPD and the Brasilia Regulations?
1.7.Has a census of the population with disabilities been carried out in Peru's Penitentiary Centers? If so, what measures orreasonable accommodations have been made to provide accessibility for persons with disabilities deprived of their liberty in penitentiary centers?
8. About Article 14. Liberty and security of person
Suggested Questions
1.1.How many people live in public and private psychiatric health centers? How many of them live there by court order? If they are not there by court order, why are they still there?
1.2.How do private psychiatric health centers or rehabilitation centers work? What is the protocol for the placement of a person in these centers? Is there a State supervision of the situation?
1.3.Why is the informed consent of people with addictions not required for hospitalization in a health center? How many people have been hospitalized by the provision established in Article 11.g of the General Health Law? What steps are being taken to change this?
1.4.How many people with intellectual or psychosocial disabilities live in state-run orphanages or nursing homes? What is their regime of permanence in such places? Does the State allow them to leave the place or not?