The United Nations has raised a significant warning concerning a proposed amendment to Peru’s disability legislation, indicating potential setbacks in the nation’s commitment to upholding human rights for people with disabilities. This amendment, currently under consideration by Peru’s Congress, has drawn concern from UN experts, including the Special Rapporteur on the rights of persons with disabilities. They fear that the initiative could reverse strides made towards deinstitutionalization and the promotion of independent living for individuals with disabilities.
The proposed legislative change introduces a new paragraph to Article 29 of the General Law on Persons with Disabilities, aimed at establishing “specialized care centers and temporary shelters” with a purported rights-based approach. While these facilities are intended as temporary solutions, UN experts caution that they may lead to long-term segregation of disabled individuals from their communities. This concern stems from the belief that institutionalization can effectively constitute a deprivation of liberty and expose individuals to risks of violence and neglect.
Human rights advocates, such as Human Rights Watch, have echoed these concerns, urging President Dina Boluarte to veto the proposal in defense of autonomy and dignity for all people with disabilities. They argue that the amendment could inadvertently shift resources away from community-based services, a move that would be counterproductive to the goals outlined in the UN Convention on the Rights of Persons with Disabilities (UNCRPD), which Peru ratified in 2008. This convention upholds the right of disabled individuals to live independently and fully participate in society.
The push for institutional facilities in Peru, despite being labeled as “temporary” or “specialized,” may not absolve the risks of long-term exclusion, as pointed out by the UN experts. In April, a broader initiative referencing both permanent and temporary shelters had already prompted concerns, leading to the recent demanding call for reevaluation. As the deadline for a final vote approaches, the international community is closely monitoring the situation, underscoring the necessity for Peru to consult more extensively with persons with disabilities before proceeding with the amendment.
Further details on this development can be read through JURIST’s coverage. The outcome of this legislative proposal will be a defining moment in Peru’s commitment to its international obligations under the UNCRPD. Whether the country will prioritize an inclusive, community-focused approach remains a focal point of global attention and advocacy efforts.