CRPD/C/PER/CO/1
24.
The Committee notes with concern that legislation of the State party (article 7 of
the Constitution and articles 564 and 565 the Civil Code) is not in conformity with article
12 of the Convention, as it establishes substitute decision-making instead of supported
decision-making and permits the suspension of civil rights of persons with disabilities in
cases of judicial interdiction. The Committee is also concerned at the lack of information
concerning the number of persons who have been subjected to guardianship and trusteeship
and the lack of legal remedies and safeguards, such as independent review and right to
appeal, that are in place in order to revoke those decisions.
25.
The Committee recommends that the State party abolish the practice of
judicial interdiction and review the laws allowing for guardianship and trusteeship to
ensure their full conformity with article 12 of the Convention and take action to
replace regimes of substitute decision-making by supported decision-making, which
respects the person’s autonomy, will, and preferences.
26.
The Committee is concerned that the State party’s Civil Code denies the ability to
exercise the right to marry to the “deaf-mute, blind-deaf and blind-mute persons, as well as
to mentally handicapped persons and those suffering from mental deterioration”.
27.
The Committee urges the State party to amend the Civil Code in order to
adequately guarantee the exercise of civil rights, in particular the right to marry, to all
persons with disabilities.
Liberty and security of the person (art. 14)
28.
The Committee notes with concern that article 11 of the General Health Law No.
26842 permits involuntary detention for people with "mental health problems”, defined to
include people with psychosocial disabilities as well as persons with a “perceived
disability” (persons with a drug or alcohol dependence).
29.
The Committee calls upon the State party to eliminate Law 29737 which
modifies article 11 of the General Health Law, in order to prohibit the deprivation of
liberty on the basis of disability, including psychosocial, intellectual or perceived
disability.
Freedom from torture (art 15)
30.
The Committee is concerned at consistent reports of the use of continuous forcible
medication, including neuroleptics, and poor material conditions in psychiatric institutions,
such as the hospital Larco Herrera, where some persons have been institutionalized for
more than ten years without appropriate rehabilitation services.
31.
The Committee urges the State party to promptly investigate the allegations
of cruel, inhuman or degrading treatment, or punishment in psychiatric institutions,
to thoroughly review the legality of the placement of patients in these institutions, as
well as to establish voluntary mental health treatment services, in order to allow the
persons with disabilities to be included in the community and release them from the
institutions.
Right to live independently and be included in the community (article 19)
32.
The Committee is concerned at the absence of resources and services to guarantee
the right of persons with disabilities to live independently and to be included in the
community, in particular in rural areas.
33.
The Committee urges the State party to initiate comprehensive programmes
to enable persons with disabilities to access a whole range of in-home, residential and
other community support services, including personal assistance necessary to support
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