IDA report on first follow up mission to Peru: monitoring implementation of the CRPD Committee's recommendations
From 5-8 October 2015, the International Disability Alliance (IDA) carried out a mission to Peru to follow up on the progress made on implementing recommendations from the UN Committee on the Rights of Persons with Disabilities (CRPD Committee) as well as other UN human rights bodies related to the rights of persons with disabilities. Together with Vice-Chair of the CRPD Committee, Silvia Quan Chang, the mission team met with state bodies across the three branches of government including the Congress, Supreme Court of Justice, and a range of Ministries, as well as with the Defensoría del Pueblo (Office of the Ombudsperson), civil society, encompassing NGOs and organisations of persons with disabilities, and the UN country team in Peru.
Pictured from left to right first row, IDA director, Vladimir Cuk, Congressman Jhon Reynaga, the Special Rapporteur on the Rights of Persons with Disabilities, Catalina Devandas and Vice Chair of the CRPD Committee, Silvia Quan Chang, together with members of the Peruvian Congress at a hearing on reform of the Civil Code.
The report on that mission is now available and sets out comprehensively the findings gathered on implementing the Concluding Observations of the CRPD Committee issued following its 2012 review of Peru.
The report highlights many positive developments including:
- the adoption of Law no 29973 on the rights of persons with disabilities which presents as one of the best known examples of disability-specific legislation aligned with the Convention;
- repeal of law and policy permitting forced sterilisation of persons with disabilities;
- promising legal reform process of the Civil Code to abolish substituted decision-making;
- a proactive judiciary which has led to decisions upholding the legal capacity of individuals in line with the Convention
The current process of reform of the Civil Code, driven largely by civil society including organisations of persons with disabilities, fosters great expectations for the implementation of Article 12 of the Convention and General Comment no 1 of the CRPD Committee, and has the potential to serve as a model for other countries, not only within the region but worldwide.
The findings also confirm the significant role played by organisations of persons with disabilities and civil society in leading implementation efforts; their contribution to the advances achieved in Peru have been pivotal. While many achievements have been made or are underway, there is potential for further advances yet through strengthened and systematic engagement by all stakeholders with organisations of persons with disabilities and civil society. This will considerably accelerate efforts across the board including related to those areas where there is a palpable need to move forward, in particular, concerning ensuring the right to inclusive education, and for the effective functioning of CONADIS (National Council for the Integration of Persons with Disability) including the establishment of its Advisory Council with meaningful participation and inclusion of persons with disabilities and their representative organisations.
Recommendations also figure in the report; notably calling on Peru to take up this global leadership role to fully harmonise its Civil Code and legislation to ensure the equal recognition before the law of persons with disabilities in all respects, as well as to ensure and promote the active involvement and close consultation with organisations of persons with disabilities across all sectors.
This report should not only help to facilitate and strengthen implementation efforts by the State of Peru, including pending legal capacity reform, but should also serve to guide other States, policymakers, independent monitoring frameworks, DPOs, civil society and all other stakeholders from around the world on the steps toward realising the rights of persons with disabilities in harmony with the Convention.
For further information, please contact IDA's Treaty Bodies Unit: jiperezbello [at] ida-secretariat.org
Report:
Follow-up Mission Report to Peru (accessible)
Follow-up Mission Report to Peru (Annex III in table)
Representatives of Peruvian organisations of persons with disabilities at a workshop held during the mission.