On Tuesday 17 April 2012, the CRPD Committee conducted its third dialogue with a State party, Peru.  Professor McCallum welcomed the Peruvian delegation and the first dialogue the Committee was to have with a country from Latin America.

The session was webcast live at http://www.treatybodywebcast.org/ (the archived video will shortly be posted on this same website)

The Peruvian delegation was represented by: Julio Rojas Julca, Vice Minister for Vulnerable Populations at the Ministry for Women and Vulnerable Populations of Peru; Wilfredo Guzman, President of the National Council for the Integration of Persons with Disabilities (CONADIS); and Luz Betty Caballero de Clulow, Minister Counsellor and chief of the Permanent Mission of Peru to the UN in Geneva.

Introductory remarks

Mr Rojas made an opening statement highlighting the multicultural, multi-ethnic and multi-lingual diversity of Peru. He referred to instruments which have been passed or are pending to implement the CRPD, including: Law no 80/2008 under the aegis of the Ministry for Women and Social Development, approving the plan for equality of opportunities for Persons with Disabilities 2009-2018; draft legislative programmes and allocation of budget focusing on inclusive education, special education, early intervention, health, rehabilitation, employment & accessibility; national research on disability; exchange of scientific and technical capacity on disabilities with Ecuador.

Wilfredo Guzman, CONADIS, confirmed that the public sector budget law 2012 established a sizeable budget for persons with disabilities, and explained that at the central government there is CONADIS; at the regional level there are regional offices for the care of persons with disabilities; and then local authority units for the protection and care of persons with disabilities.  He affirmed that Peru provided considerable resources to the needs of persons with disabilities, including in health (and mental health), rehabilitation, education (both inclusive and special education), and collection of data (household survey on employment, health, accessibility).  The new budget aimed to achieve tangible outcomes and ensure the responsible use of public resources and Peru intended to continue with the same public investments in 2013.

Country Rapporteur

Carlos Rios Espinosa (Mexico), country rapporteur for the report of Peru, made a first intervention on Peru’s report and posed questions for the dialogue : how do public policies specific to disability tie in with mainstream national plans and programmes on human rights ; how is it foreseen that the current review of the legislative framework will work to incorporate CRPD principles especially given that this legislative framework dates from the 90s? How to ensure that DPOs are involved with the planning and implementation of the CRPD- to include them in the 2009-2018 plan being implemented currently ? is there any research on persons with disabilities, particularly focusing on indigenous persons in Peru (numerous ethnic groups and also Afro-descendants), and women and children with disabilities living in rural areas ? awareness raising for the private sector ? Accessibility requirements were another area of interest, both in accessing public services and public buildings.  How to amend the civil code to ensure that persons with disabilities have full legal entitlements ; amend health law relating to persons with psychosocial disabilities and drug addicts ?  the death of 28 persons in a centre because management did not ensure their protection; use of chemical restraints; lack of right to live in the community;  legislative provisions limiting persons with disabilities from obtaining Peruvian nationality ; inclusive education when 80% of persons with disabilities do not receive basic education; lack of access to healthcare for persons with disabilities; forced sterilisation; 60% unemployment and 55% underemployed, how to protect a decent standard of living without contributory pensions in majority of cases? Regarding political participation, Mr Rios commended the decision taken in October 2011 to reinstate the 20,000 persons with intellectual disabilities who had been excluded from the electoral roll, but continue to be concerned that some people are still excluded from public life: persons in psychiatric centres cannot exercise their right to vote.  There is no formal establishment of a body to monitor the implementation of the Convention in accordance with Article 33(2).

Questions from Committee members regarding Articles 5 to 9:

Mr Tatic (Serbia): Article 5- the legal remedies available to persons with disabilities in the case of disability based discrimination; incorporation of denial of reasonable accommodation as a prohibited act of disability based discrimination; and

Article 9: monitoring mechanisms for ensuring accessibility and way sanctions are applied in practice :  is action taken against those individuals or individual entities that violate legislation on accessibility ?

Mr Al Tarawneh (Jordan) : Article 9 - has an accessibility assessment been done relating to existing public facilities ; are there laws, building codes to ensure newly designed public facilities to be in compliacne with art 9 ? implementation of universal design ; role of municipalities in enforcing accessibility codes ; are building licenses at the municipal level ; does the private sector have a role in promoting accessibility?

Mr Gombos (Hungary) : Article 5- given that Peru is multicultural, multi-ethnic,  multi-lingual country, how to tackle multiple discrimination against persons with disabilities- Indigenous groups, lingustic groups other minorities with disabilities.  It is the experience in those countries which have the longest history in implementing nondiscrimination laws and policy, that multiple discrimination cannot really be tackled if you do not recognize multiple discrimination as a separate form of discrimination itself.

Ms Cisternas (Chile) : the existence of 44 indigenous communities; what is the breakdown of indigenous and persons of African descent with disabilities by sex and age, and statistics on programmes provided to persons with disabilities, particular in indigenous communities?

Mr Langvad (Denmark): Article 5- is there clear legislation prohibiting discrimination and securing provision of reasonable accommodation on the basis of disability? Does legislation include all persons with disabilities, including persons with indigenous background, persons with psychosocial disabilities, persons without verbal communication – does this legislation prohibit discrimination to persons outside the scope of legislation supporting persons with disabilities in the state of peru?

Mr Lallohom (Tunisia): Art 5 – what’s role of civil society, what concrete practices? Art 9 – not much information on what is actually done in practice in towns, cities, physical access, but also digital accessibility, accessibility in society – perception by general public towards persons with disabilities, and access to elections

Ms Yang (China) : accessibility and reasonable accommodation- access to banks for banking services.

Delegation’s response:

In response to these questions and comments, the delegation said Peru was very concerned about getting a better overview and data on persons with disabilities in the country, both in terms of numbers and the type of disability.  The Government was also working on providing better care, focused on inclusion and access to services.  It would not be possible to work and achieve sustainable results without significant involvement of civil society and society as a whole.  Peru had the responsibility to strengthen the social fabric of the society and that was why the Government was working in close cooperation with associations of persons with disabilities who were in close contact with society at large.  Peru was aware that there was still work to be done, and reiterated its commitment to country-wide development and inclusion of persons with disabilities. 

The National Human Rights Plan 2010-2012 had 19 specific components concerning disability in sectors as diverse as health, education, employment and others.  The National Human Rights Council was now working on getting a better picture of the situation.  Peru had the ability to address disability on various levels of Government and this also included civil society.  Discrimination against persons with disabilities and against indigenous peoples was an offence which carried a penalty of three to five years imprisonment. 

With regard to legal remedies available to persons with disabilities for disability-based discrimination, these included the possibility of complaints lodged to the concerned ministries and the office of the ombudsman, criminalization of disability-based discrimination, constitutional guarantees protecting these rights, and others.  The Government promoted legislation enabling access to the Internet for persons with disabilities, access to voting and free health services to persons with disabilities and members of their families.  In 2006, the Government adopted an accessibility code which had been revised in 2009; Peru had made considerable progress in accessibility legislation and was committed to further improve it, as the target of 60 per cent of accessible public buildings was not achieved yet.

Articles 10-15

Mr Gombos: Articles 12, 14 -

The legal institution of interdiction contradicts Article 12.  Appreciate the Minister’s acknowledgement on lack of data about persons with disabilities in general and that this is an obstacle to design and devise policies and programmes to ensure that they can live full inclusive lives in society- how many people, or estimated number, are legally interdicted – i.e. not enjoying their full legal capacity on an equal basis with others ?

Received concerns there are many abandoned people in institutions and sometimes on the street.  And who cannot communicate which is related to their disability. Do you have an estimate on the magnitude of the problem of abandoned people?

Article 14 - The Ombudsman and civil society expressed concern about the newly adopted law no 29737 amendment to general health act which introduced a new way to deprive people with mental disorders including people with addictions of their right to liberty ?

What measures are planned to change all domestic legislation to ensure that all persons with disabilities, including persons with intellectual disabilities and persons with psychosocial disabilities, can enjoy their right to liberty on an equal basis with others ?

And regarding persons with disabilities who have committed a criminal offence in jail – what measures are in place to ensure they have reasonable accommodation?

Ms Pelaez (Spain):

Trafficking in organs which may be affecting boy and girl children with disabilities? In 2007, the CEDAW Committee– expressed concerned at high death rate resulting from illegal abortions associated with rape or other forms of abuse. What is the impact of this matter on women and children with disabilites, since their vulnerability to rape is heightened?

Ms Cisternas : Article 11- how has the disability perspective been incorporated into the protocols in case of natural disasters and emergencies, given the heightened risk in Peru; steps taken to provide training

Article 13 - what adjustments to legal procedures have been adopted to ensure participation by persons with disabilities – to address matters such as age, mental status of individual or languages spoken by persons from the community. What steps have been taken to adjust legislation in addition to measures to provide physical access to the courts or to the police?

Response by delegation:

On equal recognition of persons with disabilities under the law, the delegation said that Peru was working on systematizing the register of persons with disabilities in the country in order to better understand numbers of persons with disabilities under guardianship.

For persons who are deprived of their legal capacity – those who are lacking in discernment – “deaf mutes, the deaf and dumb” who are unable to convey their views without question. Persons suffering from mental impairment, psychosocial disabilities, which prevent them from expressing their free will and consent.  Provisions of the Civil Code which point to total incapacity for “deaf and dumb” persons affecting their ability to communicate.  Thanks to CONADIS and civil society, we are now seeking to amend these provisions sothat legal capacity is fully respected in the case of persons with disabilities

Peru had an obsolete and old law on aliens and was trying to modernize it and ensure it was in line with international standards.  In its recent population census, Peru found almost 11 per cent of its population were persons with disabilities, or 15 per cent if World Health Organization standards were applied, representing over four million people overall. 

Peru had members of ethnic groups that still carried out forms of eugenics by letting children with disabilities die of starvation or setting them adrift on a raft.  Funding needed to be ensured to research those practices, change approaches of people and ensure that disability was not a cause for murder. 

Articles 15-20:

Theresia Degener (Germany):

Article 16 – how has the higher risk of children and women with disabilities being target of abuse inside and outside institutional care and in their families been addressed in the national programme to combat domestic and sexual violence?

It is encouraging to read that emergency women’s centres have been instructed to help disabled victims, and that in 2008 & 2009, a total of 1030 victims with disabilities, amounting to 1.2% of total number cases were assisted at these centers. 
Could you inform us on the kind of assistance given and what happens if violence takes place in an institutional setting?
Is there a similar programme to combat violence?

Mr Langvad:

Article 19: What specific initiatives have been taken to secure that it is actually possible for persons with disabilities to live independently and be included in the community. In this respect, changes of attitude among those that are living in the community- it is about having access to education, having access to transport. It is about being a part of society. And I think it is very important that we take initial initiatives to improve access to participate in the local communities. What specific initiatives that Peru has taken in that direction?

Mr Gombos:

Article 16 – what measures has Peru made to ensure that those children with disabilities who are institutionalised or who are elsewhere in the community are free from corporal punishment?

What measures does the Peruvian govt make to ensure that all services including residential ones where persons with disabilities receive services are independently monitored for their compliance with human rights ?

Article 17: How is the Peruvian Government planning to ensure the existing and prevailing attitudes which appear in the domestic legislation, namely that persons with disabilities are unable to give their consent to treatment can receive the necessary support in order to ensure they can give or refuse  treatment.

Replies by delegation:

The Ministry for Women had a plan that was being implemented throughout the country to support victims of violence and abuse.  Amendments had been made to the Penal Code related to sexual violence and sentences for offences against persons with disabilities.  It was also the case for sexual abuse of children, child sex tourism and for offences committed by public officials such as teachers.

It was a policy of the Government to combat any and all forms of violence against women and children and a whole department at the Ministry for Women was dedicated to this fight.  Shelters were available throughout the country, with trained staff and resources to ensure they run 24 hours a day and were accessible at any moment.  There were activities supporting the integration of women and increasing their entrepreneurship to be financially independent, while femicide was now an offence punished by severe sentences by the penal code.

Peru was abrogating the law allowing forced institutional care of persons with mental disabilities and Government believed that involuntary institutional care was appropriate only when risk to life or risk to others existed.  A bill was currently before the Congress abrogating certain provisions of this law and the Government aimed to make legislative changes by which determination of legal incapacity would be done by medical commission.

All the progress in the country had been achieved in cooperation with civil society.  The National Council for the Integration of Persons with Disabilities participated in legislative amendments to make sure that the views of persons with disabilities were included.  Civil society had a specific and special opportunity in Peru in that persons with disabilities could participate in decision making on the use of resources at the local and regional levels. 

The Council of ministers in Peru approved a draft law prohibiting all correctional measures which violate physical, psychological integrity of youth in home, school or elsewhere. This does not prohibit parents from making appropriate correction, but prohibits abuse.  And would provide in circumstances appropriate punishment.

In response to these questions and comments, the delegation said that drugs used at La Cuerra hospital were always registered drugs and patients were treated according to the 2012-2022 plan for treatment of psychiatric patients and in cooperation with their families. 

The report of Peru mentioned the scourges of trafficking in organs and sex trafficking of persons with disabilities and the 2011 to 2016 programme to eradicate them.  Legal amendments ensured greater protection of children from sexual violence for which sanctions were strengthened and those provisions were extended to protect children from birth to 18 years of age. 

Articles 20 – 30

Mr Chowdhury (Bangladesh):

Article 24- what measures being taking up by Peru in the 2009-2018 plan for promotion of education of children with disabilities, as for primary, secondary and higher education both in specialised settings as well as in mainstream?

Ms Degener: Article 24- How would you define inclusive education in your country ? What kind of services do children with intellectual disabilities receive in regular schools? How is reasonable accommodation of children with intellectual disabilities in regular school settings being provided?

Article 29 – we heard about 20,000 persons with cognitive impairments such as Down Syndrome were denied the right to vote and your government took extra efforts to revise that decision and allow them to participate.  It is a good example of how the dialogue with States Parties can have a positive impact on implementation ;

Are there plans to revise the Peruvian law on elections for persons who are not denied the right to vote on basis of disability? Does domestic law allow persons who are legally incapacitated to vote?

Mr Gombos:

The advances by the Government on Article 29 was thanks in part due to self adovate herself who demonstrated how important it is to work with persons with disabilities including persons with intellectual disabilities.

It demonstrates that the implementation of the CRPD does require organizations including effective grass roots organisations of self advocates,  what measures were adopted to ensure than an increasing number of people with disabilities, including people with intellectual disabilities to ensure this?

Mr Langvad:

Article 24- Are there children in Peru not participating in education or without access to education?

Article 25- does legislation in Peru allow sterilisation without the full consent of persons themselves or without supported consent?

Article 29 – are there persons in Peru who do not have the right to vote ?

Ms Cisternas:

Article 25 – happy to hear in the delegation’s introductory statement that there will be more budget for health, how have you planned for new budget to move funds away from urban areas to rural areas where there is greater vulnerability, and to ensure they also reach indigenous populations.  Will there be an increase in the budget for greater care to be provided in the mental health sector? Only 10 hospitals are providing mental health care.

How will you broaden these services?

What measures are you taking to ensure that pharmaceuticals can reach everyone particularly those affected by mental health issues so that they can have free access to such medication or medication to be provided at an affordable cost?

Is there difference between typical and generic med that is being provided?

What are the sexual and reproductive health provisions for persons with disabilities including indigenous communities, especially women and girls?

On social security, non contributory pensions for people on low income, will the pension at 65 be extended for contributory pensions for persons with disabilities and if planning to do so, when ?

Article 24 - have you put in place any measures to quantify the qualitative education provided to persons with disabilities ?

Ms Pelaez:

Article 23-

When does the State Party of Peru plan to amend the civil code in respect to Article 43, which prevents hearing impairments cannot marry. which prevents marriage for certain persons with disabilities? 

Mr Lallahom :

In as far as possible – can we have more info on percentage of programmes broadcast with subtitles and sign language ? What is Peru planning to do to provide more access to internet for visually impaired persons?

Article 24- Do children with hearing impairments follow lessons in ordinary schools ? What provisions have been taken for deaf children who attend preschool?

Article 25- Is there any preventive programme for the early detection of hearing impairments? It is important for children who are born deaf to be diagnosed before their 2nd birthday otherwise they cannot learn to speak. Such early detection is carried out in many countries.

Ms Yang:

Persons with disabilities are not only observers but participants in cultural and sports life, will Peru be representd in the Paralympics Games?

Replies by delegation:

Concerning access to health care and health institutions, the delegation said private insurance in Peru did not cover disability if this was a pre-existing condition.  There was a national database on types of disabilities depending on the rehabilitation hospital.  The delegation pointed out different laws and regulations aiming to strengthen health and rehabilitation services to persons with disabilities.  The health system in Peru was non-contributory and ensured universal access to primary health care; congenital problems were however not included.   Peru started a Pension at 65 programme which was a non-contributory pension scheme and the Government was working on ensuring access to non-contributory social programmes. 

The Criminal Code made abortion in any circumstances illegal, including consented abortion, abortion without consent, and others.  Ministerial decree, 536-2001 provides for steriliation of persons with psychosocial disab. The delegation stated that it would work to ensure that this state of afairs does not continue.

With regard to Article 24 on education, the delegation said that the statistics would be provided concerning the number of children and adolescents with disabilities attending school or out of school, including gender disaggregated figures in writing.  Significant progress had been achieved in education coverage for persons with disabilities; according to the 2006 survey, education was available to 64 per cent of young children and to 88 per cent of the 6 to 11 age group.  Data related to persons with disabilities was not always completely reliable.  There was a process of refinements of statistics and protocols.  Peru acknowledged that almost 11 per cent of the population was affected by disability, involving over three million people.  It was necessary to undertake a proper survey of persons with disabilities, which would be implemented in the region of Tumbes.  Access to education in Peru still needed to be improved and the statistics provided earlier by the delegation referred to the overall population and not persons with disabilities.

A number of measures had been undertaken to ensure the participation of persons with disabilities in public and political life, such as in elections and increased access to voting stations and voting documents in Braille.  Persons with disabilities had the right to set up associations and there was a law promoting their participation in sports and sports events, including in Paralympics Games where they had even won medals. 

Peru had embarked on the process of economic growth and inclusive development which had seen various programmes and results-oriented budgets being put in place, including for persons with disabilities.  This year’s budget had 180 million soles for the needs of persons with disabilities and Peru hoped that next year would see at least a one per cent increase.  Many programmes were now disability-oriented, making it possible for persons with disabilities to draw pensions, improve nutrition, education and reduce poverty.  The result-oriented budget based on findings from the Tumbes pilot project would make it possible to put in place policies to ensure that all citizens and organizations could find online information about spending in the 1,800 municipalities in Peru.

Concluding Remarks

Mr Rojas : In the last ten years, there has been 7.1 percent annual growth attained. Peru has made huge progress in terms of exports and imports, gross domestic product, the investment in trade. In the case of Peru's present Government, it believes fundamentally in economic growth but with human development associated with it. All those variables which will help improve the living standards of all, including the disabled in the fields of education, health, work, rehabilitation, access to drinking water, electricity. Awareness is necessary to ensure that there is participation to close the gap of poverty. Peru is a multicultural, multilingual country and it's therefore necessary to give thought to the fact that those with disability in a direct manner need to be able to take part as citizens in public affairs.

Professor McCallum thanked the delegation for their comprehensive answers and closed the session.

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On Wednesday 18 April 2012, all sessions of the CRPD Committee were closed. At lunchtime, IDA, together with RIADIS and EDF, hosted respective side events on Argentina and Hungary in which DPOs and NGOs from those countries briefed the Committee for the purposes of the list of issues.  A summary of those exchanges will be shortly circulated.

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