Government Action on Disability Policy
A Global Survey
Part II - Government Replies as Country Profiles

Peru

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© Dimitris Michailakis 1997

Transmitted by the Embassy in Stockholm (25 April 1996)
Compare with the following Country Report(s): DPI

Legislation

The rights of persons with disabilities are protected by a combination of special and general legislation. The judicial mechanism available to protect the rights of persons with disabilities is due process (legal remedy through courts) while the non-judicial mechanism for that purpose is a Governmental body (administrative).

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

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

Accessibility

There are laws and regulations ensuring accessibility of the build environment which establish national design standards requiring that public places, the outdoor environment and housing are made accessible. Accessibility in the build environment is observed by a national authority, local Governments and the constructor. The following measures have been promoted by the Government in order to facilitate accessibility in the build environment: levelling off pavements, marking parking areas, installing lifts and accessible toilets, ensuring access to public places. There is no special transport system for persons with disabilities. When planning to build accessible environments the most difficult obstacles are attitudinal factors, lack of knowledge, research and information, lack of user participation, lack of co-operation from other organizations/institutions, and lack of enforcement mechanisms. There is no disability awareness component incorporated in the training of planners, architects and construction engineers.

Sign language for deaf people is recognized as the main means of communication between deaf persons and others. There are no Government measures for encouraging media and other forms of public communication to make their services accessible for persons with disabilities. The following services 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, easy readers for persons with mental disabilities.

Organizations of persons with disabilities

There is a national umbrella organization "La Federation National Impedidos" where all organizations of disabled persons are represented. There are no legal provisions mandating the representatives of persons with disabilities to participate in policy-making and to work with Governmental institutions. Disabled persons' organizations are always consulted when laws and regulations with a disability aspect are being prepared. Consultations take place at the local level. The Government gives organizational/logistic support to existing or new organizations. Persons with disabilities participate to a very limited extent in legislature, judicial authorities and political parties, to some extent in Government and to a great extent in NGOs. The organizations in Peru have the role to advocate rights and improved services, mobilize persons with disabilities, and contribute to public awareness.

Co-ordination of work

The national co-ordinating committee "Congreso National para la Integracion del Impedido" is reporting to the Ministry of Health and to the Council of Ministers. The committee include representatives of the Ministries of Health and Employment, and from the private sector. The Government expects co-ordinating committee to participate in policy development but it is expected to perform other tasks e.g. supervisory function. It is too early for an assessment about the effects from the establishment of the co-ordinating committee.

The adoption of the Standard Rules has led to a rethinking of the approach to disability policy.

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