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UN experts, including the Special Rapporteur on the rights of persons with disabilities, on Tuesday cautioned that a pending amendment to Peru’s General Law on Persons with Disabilities risks reversing progress toward the deinstitutionalization and independent living for people with disabilities.
The experts expressed concern that the new text opens the door to the creation of institutional facilities that could segregate persons with disabilities from their communities. They warned that “Institutionalisation constitutes a form of deprivation of liberty based on disability and carries a high risk of violence, abuse, and neglect,” expressing concern that such reforms “would be a setback in Peru’s efforts toward deinstitutionalization and independent living.” They stressed that describing facilities as “temporary” or “specialized” does not eliminate the risk of long-term segregation or resource diversion from community-based services.
The UN experts called on the Peruvian Congress to “withdraw the proposed amendment reform” and “consult persons with disabilities.”
The proposed change, approved by Peru’s unicameral Congress on September 30, would add a new paragraph to Article 29 of the General Law on Persons with Disabilities, which was enacted in 2012. The amendment provides that “the State promotes the creation of specialized care centers and temporary shelters for persons with disabilities, based on a rights-based approach.” Congress is expected to hold a final vote before enactment.
A broader legislation referencing “permanent and temporary shelters” was pushed by the Congress in April 2025. Human Rights Watch (HRW) advocated for a presidential veto, on the basis that President Boluarte should ensure “Peru’s commitment to all peoples’ dignity, autonomy, and the right to be free, including to choose where to live.”
Peru ratified the UN Convention on the Rights of Persons with Disabilities (UNCRPD) in 2008, committing to uphold Article 19, which guarantees the right of persons with disabilities to live independently and be included in the community. Under the Convention, Peru is legally bound to respect these rights and subject to oversight by the UN Committee on the Rights of Persons with Disabilities, which can receive individual complaints, issue findings of violation, and require the State to report on corrective measures within a set timeframe.
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The experts expressed concern that the new text opens the door to the creation of institutional facilities that could segregate persons with disabilities from their communities. They warned that “Institutionalisation constitutes a form of deprivation of liberty based on disability and carries a high risk of violence, abuse, and neglect,” expressing concern that such reforms “would be a setback in Peru’s efforts toward deinstitutionalization and independent living.” They stressed that describing facilities as “temporary” or “specialized” does not eliminate the risk of long-term segregation or resource diversion from community-based services.
The UN experts called on the Peruvian Congress to “withdraw the proposed amendment reform” and “consult persons with disabilities.”
The proposed change, approved by Peru’s unicameral Congress on September 30, would add a new paragraph to Article 29 of the General Law on Persons with Disabilities, which was enacted in 2012. The amendment provides that “the State promotes the creation of specialized care centers and temporary shelters for persons with disabilities, based on a rights-based approach.” Congress is expected to hold a final vote before enactment.
A broader legislation referencing “permanent and temporary shelters” was pushed by the Congress in April 2025. Human Rights Watch (HRW) advocated for a presidential veto, on the basis that President Boluarte should ensure “Peru’s commitment to all peoples’ dignity, autonomy, and the right to be free, including to choose where to live.”
Peru ratified the UN Convention on the Rights of Persons with Disabilities (UNCRPD) in 2008, committing to uphold Article 19, which guarantees the right of persons with disabilities to live independently and be included in the community. Under the Convention, Peru is legally bound to respect these rights and subject to oversight by the UN Committee on the Rights of Persons with Disabilities, which can receive individual complaints, issue findings of violation, and require the State to report on corrective measures within a set timeframe.
The post UN experts warn Peru amendment to disability law could undermine human rights appeared first on JURIST - News.
Continue reading...
Note: We don't have any responsibilities about this news. Its been posted here by Feed Reader and we had no controls and checking on it. And because News posted here will be deleted automatically after 21 days, threads are closed so that no one spend time to post and discuss here. You can always check the source and discuss in their site.