Government Implementation of the Standard Rules
As Seen By Member Organizations of
Disabled Peoples' International - DPI

Peru

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© Dimitris Michailakis 1997

Fenadip, Peru
Compare with the following Country Report(s): the Peruvian Government

General policy

The officially recognized disability policy is expressed in law, in guidelines adopted by the government and in guidelines adopted by the national disability council. The emphasis in this policy is on prevention, rehabilitation, accessibility measures, anti-discrimination law, individual support.

Since the adoption of the Rules, the government has not done anything to convey the message of full participation.

Legislation

The rights of persons with disabilities are protected by general legislation. According to the Government, the rights of persons with disabilities are protected by a combination of special legislation and general legislation. There are no judicial mechanisms to protect the rights of persons with disabilities. According to the Government, the judicial mechanism available for that purpose is due process (legal remedy through the courts). The non-judicial includes a governmental body (administrative).

General legislation applies to persons with different disabilities only with respect to the right to privacy. According to the Government, general legislation also applies with respect to education, employment, the right to marriage, the right to parenthood/family, political rights, access to court-of-law and property rights. The following benefits are guaranteed by law to persons with disabilities: health and medical care, training, rehabilitation and counselling, independent living and participation in decisions affecting themselves.

No new legislation concerning disability has been enacted since the adoption of the Rules.

Accessibility

There are rules to ensure accessibility of the built environment requiring that public places and the outdoor environment are made accessible. According to the Government, there are rules to ensure accessibility also in housing. Accessibility in the built environment is observed by local authorities. According to the Government, accessibility in the built environment is observed also by a national authority and by the constructor. The following measures have been promoted by the government in order to facilitate accessibility in the built environment: levelling off pavements and ensuring access to public places. According to the Government, even measures such as marking parking areas and installing lifts and accessible toilets have been promoted. There are no special transport arrangements for persons with disabilities. The most difficult obstacle, when planning to build accessible environments, is attitudinal factors. According to the Government, even other factors constitute obstacles for building accessible environments: lack of knowledge, research and information, lack of user participation, lack of co-operation from other organizations/institutions and lack of enforcement mechanism. There is no disability awareness component incorporated in the training of planners, architects and construction engineers.

Sign language has no officially recognized status. According to the Government, sign language is recognized as the main means of communication between deaf persons and others. There are no government measures to encourage media and other forms of public information to make their services accessible to persons with disabilities. No measures are provided in order to facilitate information and communication between persons with disabilities and others. According to the Government, the following measures are provided in order to facilitate information and communication between persons with disabilities and other persons: literature on tape, sign language interpretation, being available for major events, and easy readers for persons with mental disabilities.

Organizations of persons with disabilities

There is a national umbrella organization. There are no legal provisions mandating the representatives of persons with disabilities to participate in policy-making or to work with governmental institutions. Organizations of persons with disabilities are sometimes consulted, when laws and regulations with a disability aspect are being prepared. According to the Government, organizations of disabled people are always consulted. Consultations occur at the local level. The government gives organizational/logistic support to organizations of persons with disabilities. Persons with disabilities participate to a very limited extent in government, legislatures, judicial authorities, political parties and NGO's. According to the Government persons with disabilities participate to a great extent in NGO's. The role of organizations of persons with disabilities is to advocate rights and improved services, mobilize persons with disabilities, contribute to public awareness and provide services.

Co-ordination of work

The co-ordinating committee is reporting to the Ministry of Education. The Government states that the co-ordinating committee is reporting to the Ministry of Health and to the Council of Ministries. The committee includes representatives of the Ministries of Health and Social Affairs, of Employment, and of Education, of organizations of persons with disabilities and from the private sector. According to the Government, the committee only includes representatives of the Ministries of Health and Employment, and from the private sector. The committee is expected to perform other tasks. The committee is not expected to participate in policy-development, according to the Government. It is too early for an assessment about the effects of the establishment of the co-ordinating committee.

The adoption of the Rules has not led to a rethinking of the approach to disability policy. According to the Government, the adoption of the Rules has lead to a rethinking of the approach to disability policy.

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