CRPD/C/PER/CO/1
(a) Adoption of Act No. 29392 in August 2009 defining offences and
establishing penalties for breach of the General Act on Persons with Disabilities;
(b) Adoption of the Plan on Equality of Opportunities for Persons with
Disabilities 2009-2018;
(c) Adoption of a pilot programme on psychosocial integration of persons with
disabilities in the region of Tumbes;
(d) Draft bill on the rights of the persons with disabilities, submitted to the
Congress in March 2011;
(e)
Adoption of the Law 29535 on sign language;
(f) Increased level of expenditure on its programmes for persons with
disabilities.
III. Principal areas of concern and recommendations
A.
General principles and obligations (arts. 1 - 4)
6.
The Committee is concerned at the absence of a coherent and comprehensive
strategy to implement the social model that the Convention establishes, including
affirmative actions, to achieve the de facto equality of persons with disabilities and the full
realization of the rights enshrined in the Convention, at all levels, including in rural areas.
The Committee is further concerned that the State party’s legislative framework for
disability is not yet in full conformity with the Convention, inter alia:
(a) Law 27050 on Persons with Disability provides a definition of disability
based on a medical, rather than a social perspective and does not include references
to the core principles contained in articles 2 and 3 of the Convention;
(b) Absence of reference to denial of reasonable accommodation and
discrimination by association as forms of disability-based discrimination;
(c) Existence of discriminatory requirements to acquire Peruvian nationality that
prohibits persons with intellectual and psychosocial disabilities to do so.
7.
The Committee recommends that State party bring forward a far reaching
strategy to implement all the rights enshrined in the Convention and speed up the
review of its legislative framework to bring it in full conformity with all provisions of
the Convention, including its core principles, and in particular:
(a) Amend Law 27050 to include a comprehensive definition of a person
with disability;
(b) Define denial of reasonable accommodation and discrimination by
association as forms of disability-based discrimination;
(c) Amend the Act for Foreigners in order to eliminate the requirements
that discriminate against persons with intellectual or psychosocial disabilities.
8.
While recognizing positive developments, such as the creation of a Permanent
Multi-Sectoral Commission and the establishment of the CONADIS (National Council for
the Integration of Persons with Disability), the Committee regrets the lack of meaningful
participation of persons with disabilities, in particular the involvement of children and
women with disabilities, and their representative organizations in the design of the
legislation, as well as in other policy and decision-making processes.
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