Peru
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Key Factors: In the past two decades, terrorism in Peru has caused heavy loss of life and traumatic injuries, thereby enlarging the number of persons with disabilities in the country. The Committee on Truth and Reconciliation disclosed that "Peru lived through an internal armed conflict between 1980 and 2000, which was the most extensive and prolonged episode of violence in all the history of the Republic. About 69,280 persons were victims of violence."1
The terminology used to refer to people with disabilities varies throughout
Peru. Most often, the phrase "personas con discapacidades", translated as "people
with disabilities," is used. There are still several other phrases that are also used
to refer to people with disabilities, though. The word "minusválidos," translated
as "handicapped" continues to be used. Additionally, some legal documents use
outdated language in reference to persons with mental disabilities. The Peruvian
Civil Code uses the terms "retardados mentales," and " deterioro mental " which
have been translated as "mentally retarded people" and "mentally impaired
individuals" respectively. Other outdated terminology in the Peruvian Civil Code
makes reference to "sordomudos," "ciegosordos," and "ciegomudos," translated
to "deaf/mute," "blind/deaf," and "blind/mute" respectively. Also the Judiciary Act
refers to "mudos" or "mutes." When directly quoting from legal documents and
interviews, the original terminology has been retained.
Definition of Disability
The People with Disabilities Act contains the following, most frequently used,
definition:
A person with disabilities is an individual with one or more impairments as evidenced by a substantial loss of any physical, mental, or sensory function, resulting in a reduction or lack of ability to perform an activity
1. Committee on Truth and Reconciliation, Informe Final [Final Report], 28 August 2003, http:// www.cverdad.org.pe.
in the manner or within the range considered normal, that limits or
prevents the fulfillment of a role, the performance of life activities, and
the enjoyment of opportunities to participate on an equal footing in
society.2
A second definition, proposed by the National Council for the Integration
of People with Disabilities (CONADIS) in the Equal Opportunities Plan for
People with Disabilities, is less commonly used. The plan defines disability as
"a condition...that affects individuals regardless of age, gender, race, social and
economic status, or origin. Any person may face disabling conditions in any stage
of his or her life cycle."3
Disability Population
At present, there is no reliable data on the number of people with disabilities in Peru. The National Institute of Statistics and Information Technology (INEI) estimates that Peru currently has a population of approximately 27,148,000 people.4 There are no published estimates of the disability population. According to the last census conducted by the INEI, in 1993 Peru had a total population of 22,639,443. Of that number, the census reported 288,526 persons with severe impairments and determined that 1.3% of the population had some kind of physical impairment.5
However, the INEI also makes use of data reported by the Pan American Health Organization (PAHO), according to which the population of persons with disabilities represents approximately 13% of the population, that is, about 2,943,125 people.6
According to the Specialized Rehabilitation Institute, 31% of the Peruvian
population has some kind of disability, defined according to the ICIDH-1 developed
by the World Health Organization (WHO).7
2. CONADIS, Plan de Igualdad de Oportunidades para las personas con Discapacidad (PIO) 2003 - 2007 [Equal Opportunities Plan for People with Disabilities (PIO) 2003 - 2007], 2003.
3. Ibid.
4. National Institute of Statistics, Peru: Estimaciones y Proyecciones de Población, 1950-2050; Urbana-Rural 1970-2025, [Peru: Estimations and Projections of the Population 1950 -2050; Urban-Rural 1970 - 2025], Demographic Analysis Bulletin 35, Lima, August 2001, http://www. inei.gob.pe.
5. National Institute of Statistics and Information Technology, Censo Nacional de Vivienda y Población, [Population and Housing Census], 1993 http://www.inei.gob.pe.
6. Farid Matuk (Head of the National Institute of Statistics and Information Technology), Communication 120-2003-INEI/DTDIS.
7. Rómulo Alcalá Ramírez (Managing Director of the Specialized Rehabilitation Institute), Communication 774-DG-INR-2003, September 2003.
In 1993, the National Rehabilitation Institute conducted a survey to identify the "prevalence of impairments, disabilities and handicaps in Peru." The survey found that the prevalence of disabilities was largest in the coastal area of the country with 39% of the population consisting of persons with disabilities. Of the population of the forest area, 37% have a disability, as do 28% of those in the Sierra region.8
Data on the number of persons with disabilities has not been obtained for some areas in Amazonia and the Andean regions, raising concerns about the abuse of human rights of people with disabilities in those areas. The former Minister of Health confirmed this situation at a presentation made before the Ad Hoc Disability Study Committee of the National Congress. He asserted that "in the native Amazonian world, there are communities that adopt a very peculiar attitude in this sense. They have their own 'Mount Taygetos', which they call 'canoe capsizing'. From my experience after many years of work in the Amazonia, when a handicapped child is born, he or she is eliminated by capsizing the canoe. The canoe is turned over and the child falls into the river. This practice may be the cause of distortions in actual disability figures."9
Most people with disabilities in Peru live in the poorest areas of the country and belong to the lower income strata.10 Notwithstanding this situation, in recent years some services and programs for people with disabilities have been implemented, primarily in the capital city and, to a much lesser extent, in the provinces.
Despite the lack of reliable disability statistics, experts estimate that the number of persons with disabilities has increased more than 10% during the past five years. Causes of the suspected increase include lingering effects of the armed internal conflict and the border conflict with Ecuador, continued political unrest, occupational accidents, environmental pollution, the lack of an effective prevention policy, and poverty and malnutrition.11
Traffic accidents are another important source of the increase in the
disability population. As reported by the former Minister of Health before the
Ad Hoc Disability Study Committee, the number of fatal traffic accidents in
Peru increased from 2,000 to over 4,000 within a two-year period. In that same
period, amputations, paralysis, and physical disability caused by traffic accidents
increased from 20,000 to 40,000.12
8. Ibid.
9. Fernanado Carbone Campoverde (Minister of Health), (presentation, 3 February 2003), http:// www.congreso.gob.pe/discapacidad.htm.
10. J.M. Cosar Camacho, "Derechos Humanos y Protección Jurídicas de las Personas con Discapacidad en el Perú" [Human Rights and Legal Protection of the People with Disabilities in Peru], (master's thesis, Universidad Privada de San Martín de Porres, 2002).
11. International Campaign to Ban Landmines, Landmine Monitor Report 2003: Toward a Mine-Free World, 2003.
12. Exposición Ministo de Salud [Presentation of the Ministry of Health], (transcription of the presentation made by the Minister of Health before the Ad Hoc Study Committee, Lima Department of Transcription, 3 February 2003), www.congreso.gob.pe/discapacidad.htm.
Legislation & Disability Rights
Legal Protections
Peru ratified the International Labor Organization's (ILO) Convention 159 Concerning Vocational Rehabilitation and Employment (Disabled Persons) on 16 June 1986 with Law 24509.13 On 10 July 2001, Peru ratified the Inter-American Convention for the Elimination of All Forms of Discrimination Against Persons with Disabilities of the Organization of American States with Legislative Order 27484 of the Peruvian Congress.14 The ratification document was deposited on 30 August 2001.15
A review of the national legislation in Peru reveals a variety of laws mandating priority treatment, care, and benefits, and provisions for the social inclusion for persons with disabilities. Much of the legislation was inspired by the Standard Rules on the Equalization of Opportunities for Persons with Disabilities of the United Nations.16
Through the years, Peru has incorporated into its Political Constitutions rules for the protection and recognition of the social, economic, and political rights of persons with physical, intellectual, or sensorial impairments and of persons who are "mentally ill." This is especially true of the last two Constitutions, adopted in 1979 and 1993, respectively.
The current Constitution, adopted in 1993, provides broader coverage and specifically addresses the areas of social security, health, education, and employment. Section 7 of the Constitution establishes the general right to dignity for persons with disabilities. This section closely follows the first part of section 19 of the 1979 Constitution. However, it repealed part of the earlier provisions that provided tax exemptions in favor of entities or persons that rendered services to people with disabilities.17
Section 16 of the 1993 Constitution establishes the duty of the government
to guarantee "adequate education" for people with disabilities, and Section 23
obligates the government to protect employment rights. Section 59 also addresses
the right to work and the right to engage in business, trade, and industry. It
establishes that "The state shall support sectors that suffer any kind of inequality
in overcoming disadvantages; accordingly, it shall promote the organization of
small businesses."18
13. ILO, Convention 159, http://www.ilo.org/ilolex/english/convdisp1.htm.
14. Luis Fernando Astorga Gatjens, "14 Countries Ratified Inter-American Convention on Discrimination" Disability World 19, (June-August 2003), http://www.disabilityworld.org/06-08_ 03/gov/interamerican.shtml.
15. OAS, Inter-American Convention for the Elimination of all Forms of Discrimination Against Persons with Disabilities, http://www.oas.org/main/main.asp?sLang=E&sLink=http://www.oas. org/OASpage/humanrights.htm.
16. Carlos Manuel Román Heredia (Human Rights Director), Communication RE(DHU) 0-4-A/323.
17. Constitución Política del Perú [Political Constitution of Peru], 1993, http://www.georgetown. edu/pdba/Constitutions/Peru/per93.html.
18. Constitución Política del Perú, art. 23.
A series of additional laws, decree-laws, legislative decrees, executive orders, and municipal orders have been passed for implementation purposes. On 18 December 2002, Congress created the Ad Hoc Disability Study Committee to analyze, diagnose, and expose problems faced by people with disabilities and to make legislative proposals.19 Others actions include the People with Disabilities Act, (Law 27050) and Executive Order 001-2003-PCM, which declared 2003 the "Year of Disability Rights" and established the commemoration of the centennial of the birth of Jorge Basadre Grohmann. The People with Disabilities Act, which amended Law 23241, established that people with disabilities have the same basic rights as all others in the society. The Act declared 16 October as the "National Day of the Disabled Person", in memory of 16 October 1980, when people with disabilities staged a national protest before Congress. The People with Disabilities Act also created the National Council for the Integration of People with Disabilities (CONADIS), the Municipal Office for the Assistance of People with Disabilities (OMADEP), and a disability unit at the Ombudsman's Office.
Many of these laws are primarily statements of rights, as they are not
mandatory in nature. Most laws fail to provide penalties for non-compliance,
making it difficult to enforce them. The People with Disabilities Act does not
provide any penalties for failure to comply with provisions granting benefits from
institution to people with disabilities. For example, the National Institute of Culture
is required to make all national heritage monuments accessible by providing
entrances, facilities, and signs usable by people with disabilities. This statute was
passed in 1998. Five and a half years after coming into effect, access of people
with disabilities to museums and other cultural heritage institutions still had not
been facilitated.
Legal Barriers
Pursuant to the Peruvian Civil Code, a guardian is appointed to an adult individual with disabilities who does not have the legal capacity to exercise his or her rights.20 Once a person with disabilities is declared legally incapable by a court, his or her civil rights are exercised by legal representatives who are appointed in accordance with the provisions on custody and guardianship.
Section 564 of the Peruvian Civil Code specifies those persons with disabilities who can be declared legally incapable:
Those who lack the capacity to make informed judgments.
The deaf/mute, the blind/deaf, and the blind/mute who cannot express their will undoubtedly.
Mentally retarded people.
Mentally impaired individuals who cannot express their free will.21
19. Ad Hoc Disability Study Committee, http://www.congreso.gob.pe/comisiones/2002/ discapacidad/c-principios.htm.
20. Comisión Especial de Estudio Sobre Discapacidad, (transcription of the presentation made by the Minister of Education, 29 January 2003), 3, www.congreso.gob.pe/discapacidad.htm
21. Law 295, sec. 564; Alicia Rodriguez Berrocal (Justice of the Peace of the Molina District), interviewed by author, Lima, 25 October 2003.
Civic Participation
People with disabilities have the right to vote in Peru. Law 26859 on Elections protects the right of any person to be elected and freely elect his or her representatives.22
There are some restrictions, however, on civic participation in a professional context. For example, the requirement outlined in Section 177 of the Judiciary Act23 restricts persons with disability from becoming a judge stating that candidates are required "not to be blind, deaf or mute, and not to suffer from any mental disorder or permanent physical disability that may prevent the performance of duties with due diligence."24
People with disabilities are also restricted from the foreign service in
accordance with the guidelines of the medical, psycho-technical, and psychological
tests taken at the Foreign Service College of Peru.25
Inclusion
Communication
The Library of Congress and the National Library have Braille versions of the Peruvian Constitution. However, they have no other government documents in Braille or any other alternative format for people who are blind or visually impaired.26
By law, educational and informative cultural programs broadcast by the
Radio and Television Institute of Peru (IRTP) are required to incorporate visual
means of communication such as captioning or sign language for persons with
hearing impairments. Regulations issued by Executive Order 011-2003-MTC, on
5 March 2003, require IRTP to offer alternative means of visual communication
in at least one of the daily news programs produced in the country.27 Inclusion of
these alternative means by other air and cable television stations is optional.28
22. Law 26859, Ley Organica de Elecciones [Law on Elections], Diario Oficial El Peruano, October 1997; Luz Elena Foronta Merino (Planning Manager of the National Office of Election Processes), Communication 174-2003-GP/ONPE.
23. Law 767, Ley Orgánica del Poder Judicia [Judiciary Act], Diario Oficial El Peruano, 29 November 1991.
24. Mario Alvarez Quispe (Head of the Office of the Secretary General of the National Council of the Judiciary), Communication 1320-2003-SG-CNM.
25. Ministerial Resolution 0516-RE, December 21, 1984, files of the Human Rights Office, Ministry of Foreign Affairs.
26. Segundo Soto Coronel (Director of the Congress Library), Communication 221-2003-DIRGPI/ CR; Margarita Ordinola Martínez (Executive Director of Public Library Services), Communication issued without number.
27. Law 27471, Diario Oficial El Peruano, 5 June 2001; Carlos Valdez Velásquez (Communications Secretary of the Ministry of Transportation and Communications), Communication 965-2003-MTC/03.01.
28. Law 27471.
Despite these legal requirements, most television news programs, including those
broadcast by IRTP, only caption headlines, and only one network (RED GLOBAL)
uses captions to provide a summary of each news story.
Education
There are no national data on the percentage of the student community between the ages of 6 and 16 that have some kind of disability, however, many children with disabilities are reportedly excluded from the educational system.29
The former Vice Minister of Teaching Management stated at a presentation
made in January 2003 before the Ad Hoc Disability Study Committee of the
National Congress:
According to statistical estimates, 13% of the Peruvian population, which
is equivalent to over 3 million people, have some kind of "disability" or
differentiated abilities.
During 2002, only 30,000 students attended public and private
educational centers. This, as compared to the universe of persons with
disabilities, means that only 1.1% had access to education. This is a fact
that speaks for itself. There is a long way to go to develop this education
policy.30
The former Vice Minister went on to say, "there is a sector of the disability population that suffers complete abandonment and neglect."31 A survey conducted by the Ann Sullivan Association, with the participation of technical experts from the Ministry of Education, concluded that "at present, there are segments of the population that receive no assistance from the Peruvian Government. Such is the case of persons with severe mental retardation, autism and cerebral palsy. These are areas we have to cover because there are omissions, complete gaps in this territory."32
Special education was first established in Peru in 1971 and incorporated
into the structure of the Ministry of Education as a Special Office. Currently,
special education is handled by the Special Education Unit, part of the National
Office of Initial and Primary Education.33
29. Sonia Ascue Bravo (Head of the Special Education Unit), Communication 157-UEE-2003.
30.Comisión Especial de Estudio Sobre Discapacidad.
31.Ibid.
32.Ibid.
33.Ministry of Education, National Office of Initial and Primary Education, Special Education Unit, http://www.minedu.gob.pe/gestion_pedagogica/dir_edu_inicial_primaria/unidades/dir. php?obj=educa_especial.htm.
The newly enacted Education Act maintains that children with disabilities
should be educated in inclusive, mainstream classrooms.
Section 39 - Basic Special Education
Basic Special Education has an inclusive approach and is intended
for persons with special educational needs in order to achieve their
integration into community life and their participation in society. It is
aimed at:
a) Persons who have some kind of disability which hampers regular
learning.
b) Children and youth who are highly-gifted or have special talents.
In both cases, education is given with a view to the inclusion of
those students in regular classrooms, notwithstanding the
supplementary and personalized care they may need.
Students shall pass from grade to grade on the basis of their capabilities
and chronological age, respecting the principle of educational and social
integration.34
Section 23 of the People with Disabilities Act establishes that Peru should work toward the educational integration and inclusion of children with disabilities, and that accordingly, public and private educational centers may not deny access to persons with disabilities. Section 22 defines the modifications that must be made in school curricula in order to offer an educational alternative that meets the needs of a wide range of students, including children and youth with special educational needs.
Despite the existence of such legislation, agencies of the Ministry of Education do not comply with the provisions of the law. Education policies in favor of people with disabilities are not implemented due partially to limited budget funding.
Typically, children and youth with hearing, visual, and mental disabilities
attend segregated special education schools. Special education is intended for
individuals from birth to 20 years old. Programs such as the Early Intervention
Program (PRITE), classrooms for pre-school and primary education, and
vocational training make up the special education curriculum.35
34. Law 28044, Ley General De Educacion [Education Act], Diario Oficial El Peruano, 28 July 2003.
35. Sonia Ascue Bravo.
According to a report issued by the Ombudsman's Office, entitled "The Situation of Special Education in Peru: Towards Quality Education", there are 397 special education centers. Of these centers, 92% are located in urban areas, while the remaining 8% are located in rural areas. Of these centers, 79% are state run, and 21% are run by non-governmental organizations.36
Special education in Peru is going through a period of neglect. Special education teachers are not adequately compensated for their dedicated work, so recruiting and encouraging the training of teachers in this area is more difficult.37
Javier Diez Canseco, Congressman and Chairman of the Ad Hoc Disability Study
Committee, has stated:
There are no equal opportunities for persons with disabilities. Facilities
are not fit. Special education teachers have not been assigned to
schools.
It is dramatic but the Higher Teaching Institute of Special Education
known as "María Madre" which belongs to the Government, has no
school for its students to do their teacher practice.38
Teachers in the regular education system are not given specialized training on
working with students with disabilities.
Employment
There are no current statistics on the unemployment rate of people with disabilities. The last survey conducted by the National Rehabilitation Institute in 1993 revealed that 64% of people with disabilities were unemployed, and of those employed, 45% worked on a freelance basis, and 19% worked for their families with no compensation. The small number of people with disabilities engaged in gainful activity performed jobs that could be performed without accomodations.39
Section 23 of the Peruvian Constitution guarantees government
protection of the right to employment of people with disabilities. In agreement
with this provision, the People with Disabilities Act, Chapter VI on Promotion and
Employment, provides that people with disabilities should participate in and be
integrated into the economic life of the country. They are entitled to all the rights
and benefits of workers under labor law, and discrimination against people with
disabilities in any aspect of employment is prohibited.
36. Ombudsman's Office, La situación de la educación especial en Perú: Hacia La Educación De la Calidad [The Situation of Special Education in Peru: Towards Quality Education], Lima, December 2003.
37. Comisión Especial de Estudios sobre Discapacidad.
38. Ibid.
39. Comisión Especial de Estudios sobre Discapacidad, "Trabajo y Desarrollo: hacia una vida independiente" [Work and Developement: towards an independent life], 11 July, 2003, http://www.congreso.gob.pe/comisiones/2002/discapacidad/discapacidad01.htm.
In addition, the law proposes certain benefits for people with disabilities and organizations who employ them. In the competitive selection processes conducted to hire personnel for vacant positions in the public sector, people with disabilities are awarded a certain amount of bonus points. These points are included in the process of evaluating applicant merits.
Micro and small businesses run by people with disabilities are eligible for priority loans or financing from national and international finance institutions. Public companies and institutions are required to give preference to products manufactured and services rendered by those businesses.
Likewise, public and private entities can realize financial benefits by hiring people with disabilities. Institutions may deduct from their gross income a percentage of the wages and salaries paid to people with disabilities. The additional amount deducted is determined by the Ministry of the Economy.
Despite these legal provisions, the unemployment rate in Peru remains high for people with disabilities. Very few people with disabilities are employed by the government. Specific employment information was requested from CONADIS, but no reply was given.
As reported by the Director of the Occupational Rehabilitation Center (CERP - ESSALUD), some training and employment programs for people with disabilities exist in Peru. They are free services, whose program and staffing costs are covered by ESSALUD funds.40
The Ministry of Labor and Employment Promotion (MTPE) also
administers several employment programs that provide services to people with
disabilities. According to guidelines, at least 10% of the participants in specialist
courses taught at Occupational Training Centers run by the MTPE should be
people with disabilities. Some of the centers that provide training include: the
Professional Rehabilitation Center of Lima and Callao, the National Institute of
Rehabilitation, the National Union of the Blind (MASAJES), and the Lima Center
for Blind Rehabilitation. Table one reflects the effectiveness of MTPE programs in
assisting people with disabilities in attaining employment.
Table 1: Participation of People with Disabilities in MTPE Employment
Programs (Ministry of Labor Programs 2002)
40. José Farías Aseng (Director of the Occupational Rehabilitation Center, letter 1417-CERP-LVGDLI-Essalud-2003.
| Program | Total Number of Beneficiaries | Persons with disabilities |
| PROJOVEN | 4,500 | 104 |
| Temporary Jobs | 5,000 | 244 |
| PROEMPLEO | 18,000 | 11 |
| BONOPYME | 7,961 | 119 |
Under the PROJOVEN program, institutions that train young people with disabilities and succeed in securing them traineeships in companies are given a bonus. Another program, the CIL-Pro-Empleo Network, works to enhance the employability of people who have difficulties in getting a job by linking companies requiring personnel with workers who are unemployed or underemployed.41
This network primarily serves vulnerable sectors of the population, such as like people with disabilities. Finally, the BONOPYME program provides grants to small businesses so they can hire various training services and technical assistance. Although it does aid some people with disabilities, BONOPYME does not serve them exclusively.
As shown in table one, the number of people with disabilities who
obtain training and employment services is low. Inaccessibility of workplace
facilities creates another significant barrier to employment, as does lack of public
transportation to the workplace. In Lima, many facilities lack ramps, bathrooms,
and infrastructure appropriate for persons with disabilities. In the provinces, such
infrastructure is almost non-existent.42
Health Services
There are 73 institutions in the country that offer physical medicine and rehabilitation services, of which 38 are run by the Ministry of Health, 26 by ESSALUD, 7 by the armed and police forces, and 2 by private institutions. The infrastructure of many of these services is insufficient.43
Section 18 of the People with Disabilities Act "establishes that prostheses, orthopedic devices, medication, drugs and any compensatory aid for the physical rehabilitation of persons with disabilities, shall be furnished by the physical medicine services of [the Ministry of Health], with the support of and in coordination with CONADIS."44 The legislation, however, is not implemented.45
The scarce budget funding of the National Rehabilitation Institute (INR), now called Specialized Rehabilitation Institute of the Ministry of Health, is the main inhibitor. The budget projected by INR for 2003 was the of $19,072,894, and the funding it actually received was $17,348,025, less than 1% of the total budget for the Ministry of Health.46
The National Rehabilitation Institute has been working for the past ten
years on a Community-Based Rehabilitation strategy, and to date has signed
agreements with more than 70 health care centers of the Ministry of Health
(MINSA). In practice, the strategy has only been working as a pilot plan because it
has not yet been included in the health programs offered by the government and,
therefore, lacks its own budget.47
41. Leonardo Ojeda Zañartu (Managing Director of the Administration Office of the Ministry of Labor), Letter 051-2003-MTPE/SG/OA.
42. Panel discussion with leaders of disability organizations, discussion facilitated by author.
43. Rómulo Alcalá Ramírez. It is believed the number of privately run institutions has been underreported.
44. Exposición Ministro de Salud.
45. Javier Diez Canseco (Chairman of the Ad Hoc Disability Study Committee).
46. Exposición Ministo de Salud.
47. Rómulo Alcalá Ramírez.
Funding is a serious problem for the provision of health care services to people with disabilities in Peru. In addition to the low levels of funding for rehabilitation, there is inadequate funding for prevention programs. Despite the fact that 87% of disabilities in Peru are acquired, there has been little interest shown in making investments in such programs.48
Regarding health care coverage, the Statistics and Information Technology Office of the Ministry of Health states "the health care coverage of patients with impairments and disabilities is offered primarily at facilities under the Ministry of Health, which cover 62% of the needs, followed by ESSALUD (33%). The health care offered by the private sub-sector is still scarce."49
Peru has Comprehensive Health Insurance (SIS) for low income people, including people with disabilities, the main eligibility criteria being lack of alternative health insurance and not belonging to ESSALUD. SIS does not cover congenital diseases or prosthetic aids.50
As reported by the Dean of the School of Human Medicine of the San Martín de Porres Private University, the academic curricula of medical schools at Peruvian Universities include a course on physical medicine and rehabilitation. This course covers treatment and physical rehabilitation of patients with disabilities, as well as occupational therapy. There is also a course on human psychology, focused mainly on psychotherapy for patients with disabilities. These courses are taken by all medical students as an introductory module at the undergraduate level. They can also be taken at the post-graduate level.51
On the percentage of medical doctors who benefit from this rehabilitation
training, there are no overall figures because each university handles its own
statistics. This information was requested from the Ministry of Health, which was
unable to furnish the information requested.
Housing
In Peru there is no long-term official housing for people with disabilities
in the strict sense of the term. Persons with intellectual and/or multiple disabilities
generally reside with their families.52 No housing units that are technically accessible
for people with disabilities have been built, nor are there any plans to do so. There
are no residencies, such as respite homes, where parents can leave their children
with disabilities if, for example, they need to travel for a short period of time.53
48. Lima Health Commission, Comisión Especial de Estudios Sobre Discapacidad. Revertir la falta de inversión para mejorar la condición de las personas con discapacidad [To revert the lack of investment to improve the condition of the people with discapacidad], 2003.
49. Office of Statistics and Information Technology, Reporte Estadístico de la Discapacidad en el
Perú 1999 - 2000 [Statistical Report on Disability in Peru 1999-2000] Ministry of Health, 2000,
25.
50. Exposición Ministro de Salud.
51. Dr. Frank Lizaraso Caparó (Dean of the School of Human Medicine, San Martín de Porres Private University), Communication 296-03-D-FMH.
52. Panel discussion.
53. Celia Orpella (President of Peruvian Association Of Parents Of Children With Disabilities), interviewed by author, 3 September 2003.
However, the Peruvian Government, through the Ministry of Housing,
Construction and Sanitation, set up a national housing plan, known as "Housing
for All". This plan led to the creation of the "My Own House" program, which caters
to the needs of low-income earners by providing them with housing units at a
very low cost. The government grants a Housing Family Certificate (BFH) which
offers a portion of the total value of the house. In order to obtain this certificate,
eligibility requirements must be met. All applicants to this certificate program
who are responsible for a person with disabilities receive between 10 and 20
additional points, which are awarded based on different criteria and considered in
eligibility scoring.54
Institutionalization
Abandoned children and youth with disabilities are taken to shelters
of the National Institute for Family Welfare (INABIF). Persons with mental
disabilities who are abandoned by their families are taken to psychiatric hospitals.
Abandoned elderly people with disabilities are sheltered in homes of the Lima
Public Benevolent Society.55
Accessibility
National Construction Regulations in Peru were approved by a Ministerial Resolution in 1978. These mandatory regulations are made up of Technical Building Standards U-190 and U-060, known respectively as "Urban Adaptations for the Physically Impaired" and "Architectural Adaptations for the Physically Impaired." All construction should be designed pursuant to these regulations.56
Additional legal provisions on accessibility have subsequently been approved as part of the People with Disabilities Act. Section 43 establishes that the Ministry of Housing, Construction, and Sanitation, as well as the municipalities should coordinate the progressive adaptation of cities, making alterations and installing modern technical elements as appropriate to make facilities readily accessible to and usable by people with disabilities.
According to Section 44, "public accommodations operated by
governmental or private entities, and built after the enactment of this law, shall
have entrances, rooms, corridors, and facilities which are appropriate for use
by people with disabilities."57 In addition, the law establishes that all venues
where public activities and/or shows are held must make accommodations for
appropriate signaling and accessible entrances and areas in order to allow for the
free movement of people with disabilities.
54. Ministry of Housing, Construction, and Sanitation, "'My Own House' Program," http://www. techopropio.gob.pe.
55. The National Institute of Family Welfare, [Management of Comprehensive Protection, Psycology], August 2003.
56. Patrick P. Allemant, (General Office of Land Traffic of the Minstry of Transportation and Communications), Communication 2692-2003-MTC/15.
57 .Law 27050.
Law 27920, which was published on 14 January 2003, extended this deadline for six months from the day after its publication. It also established that, upon expiration of the term, municipalities should forbid public use of structures that had not been properly adapted until such structures were in compliance with the law. Section 4 establishes penalties for non-compliance which consist of fines ranging between 5% and 10% of the value of the building under construction.58
Municipalities are the enforcement authority responsible for imposing penalties and allocating fines. The amount of any fines collected should be allocated to programs to ensure compliance with the law, as well as local projects and programs for persons with disabilities. The regulatory authority is the National Council for the Integration of People with Disabilities (CONADIS), the entity which is responsible for reporting violations to the appropriate municipal authorities for enforcement.59
The term expired in June 2003, but very few buildings in Peru have been fully adapted, and no fines have been imposed by Peruvian municipalities. For public institutions, adaptations are generally limited to the addition of ramps and public telephones in the entrance areas of some buildings.
With regard to public transportation, many people with disabilities,
especially those who use wheelchairs, cannot use public transportation. Patrick
P. Allemant, Director of the General Office of Land Traffic of the Ministry of
Transportation and Communications, stated that "there is no rule whatsoever to
govern the access conditions of wheelchair users to the land public transportation
system, or to allow for the incorporation of special vehicles for people with
disabilities into the public transportation system, because there are neither
specially conditioned vehicles in the domestic market nor the conditions to allow
for such incorporation."60
Architectural barriers are among the main obstacles faced by persons
with disabilities, preventing them from freely exercising their rights, such as the
right to vote and the right to work. This, in turn, hinders the exercise of basic
human rights, such as studying, working in an accessible environment, enjoying
recreational activities, attending health care centers, and participating in sports
and culture.61
Disability Action & Awareness
In Peru, CONADIS is the coordinating agency in charge of developing
national policies on disability, however, few people with disabilities hold important
positions in this organization. The CONADIS recently appointed a new president,
who has a disability. However, two other employees with disabilities were fired, so
only two people with disabilities are currenly employed by the agency.
58. Law 27920, Diario Oficial El Peruano, January 2003.
59. Ibid.
60. Patrick P. Allemant.
61. Panel discussion.
A national plan, entitled the Equal Opportunity Plan for Persons with Disabilities (PIO), was approved in 2003 with Executive Order 009-2003-MINDES. The plan was the result of the coordinated efforts of several ministries.62
The purpose of the PIO is to improve the quality of life of persons with disabilities. It focuses on prevention, priority care, anti-discrimination, and the strengthening and enhancement of existing services. The plan is intended to serve as an executive management and action instrument in assisting all national and local authorities in efforts to incorporate disability issues into all development plans.
The plan incorporates specific goals for health care, education, employment, housing, transportation and communications, and social integration.
With regard to civil society action on disability rights, organizations of people with disabilities are privately funded and receive no government assistance. Their funding sources include individual contributions, donations, and bequests. Very few receive foreign funding, either from foreign governments or other foreign private institutions. There is no collaboration among disability organizations due to the lack of resources. Lack of ties between organizations and poor relationships with some organization leaders create further difficulties for collaboration. Organizations work together only under very exceptional circumstances or in cases of special requests from the government.
Leaders of disability organizations concluded that the most effective
strategies to address cases of human rights violations and discrimination against
persons with disabilities are: the creation an anti-discrimination law; campaigns
to raise social awareness; the strengthening of trade unions; the dissemination,
through the media, of information about disability rights; and enforcement of
constitutional guarantees through summary proceedings or other legal actions as
appropriate.63
62. Plan de Igualdad de Oportunidades para las personas con Discapacidad (PIO).
63. Panel discussion.
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