UN Experts Warn Peru’s Disability Law Reform Risks Violating Human Rights

A group of United Nations human rights experts has voiced serious concern over proposed amendments to Peru's General Law on Persons with Disabilities, warning that the changes would promote institutionalisation, undermine the right to independent living, and violate international human rights obligations.

The amendment, approved in principle by Peru's unicameral Congress on 30 September 2025, seeks to modify Article 29 of the 2012 law, which addresses access to health and rehabilitation services in the community. If enacted, it would allow the State to "promote the creation of specialised care centers and temporary shelters for persons with disabilities, based on a rights-based approach."

The UN experts said this reform could represent a major setback for Peru's progress in advancing the rights of persons with disabilities, effectively reversing earlier commitments to deinstitutionalisation and community inclusion.

"Institutionalisation constitutes a form of deprivation of liberty based on disability and carries a high risk of violence, abuse, and neglect," the experts said. "The disability law reform would be a setback in Peru's efforts toward deinstitutionalisation and independent living."

A Step Backward for Disability Rights

The experts noted that Peru has made significant advances over the past decade in aligning its legal framework with the Convention on the Rights of Persons with Disabilities (CRPD), ratified by Peru in 2008. However, the proposed amendment threatens to reverse that progress by reintroducing institution-based care models that segregate persons with disabilities from society.

Under Article 19 of the CRPD, all persons with disabilities have the right to live independently and be included in the community, with access to the support services necessary to participate fully in all aspects of life.

The experts warned that even the revised language—referring to "specialised" or "temporary" facilities—could legally justify the creation of new institutions under the guise of protection or care.

"We know from other experiences that 'temporary' and 'specialised' solutions tend to become long-term, leading to exclusion and segregation," the experts said. "They also divert scarce public resources from community-based services and supports that foster autonomy."

Legislative History: From Veto to Renewed Controversy

Earlier in May 2025, President Dina Boluarte vetoed a similar amendment that had proposed establishing "permanent and temporary shelters" for persons with disabilities, after strong opposition from human rights groups and disability advocates. The Presidential veto cited clear conflicts with international human rights law, particularly the CRPD.

However, despite the earlier rejection, Congress revived the reform months later with modified terminology, arguing that the updated language addresses concerns by emphasizing a "rights-based approach."

The UN experts dismissed this justification, noting that substance matters more than semantics. They cautioned that without robust safeguards and consultation, the proposal risks legitimizing institutional practices that isolate and infantilize people with disabilities.

Lack of Consultation and Participation

The experts further criticized the legislative process for its lack of meaningful consultation with persons with disabilities and their representative organizations, a requirement explicitly outlined in Article 4(3) of the CRPD.

"We are concerned that the Peruvian Congress is proceeding with this reform without having meaningfully consulted persons with disabilities," they said. "Legislation affecting their rights must be developed with their full participation, not imposed upon them."

In Peru, organizations such as the National Confederation of Persons with Disabilities (CONFENADIP) and various civil society groups have strongly opposed the reform, calling instead for the strengthening of community-based supports, such as personal assistance services, inclusive housing, and accessible healthcare systems.

Risks of Institutionalisation and Human Rights Violations

The experts underscored that institutionalisation, even when framed as care or protection, often leads to systemic violations of human rights, including:

• Loss of personal autonomy and decision-making power;

• Arbitrary deprivation of liberty based on disability;

• Exposure to abuse, neglect, and violence;

• Segregation and exclusion from community life; and

• Denial of the right to participate in society on an equal basis.

Research and case studies from multiple countries have shown that once individuals are institutionalised—particularly in "temporary" facilities—they often remain confined for years, losing connections with families and communities.

"Institutional care perpetuates harmful stereotypes that persons with disabilities are unable to live independently or make decisions about their lives," the experts said. "This approach is outdated and inconsistent with modern human rights standards."

The Broader Context: Disability Rights in Peru

Peru's General Law on Persons with Disabilities (Law No. 29973), enacted in 2012, was hailed as a progressive step toward inclusion. It guarantees equal access to education, employment, health, and justice for persons with disabilities. However, advocates have long pointed out implementation gaps, particularly in rural and low-income areas, where institutional settings remain prevalent due to inadequate funding for community-based services.

The proposed amendment could exacerbate those gaps, the experts warned, by reallocating resources toward institutional infrastructure rather than strengthening independent living programs, home-based care, and personal assistance systems.

According to the National Institute of Statistics and Informatics (INEI), approximately 10% of Peru's population—over 3 million people—live with some form of disability. Many continue to face barriers in accessibility, employment discrimination, and social stigma, challenges that institutionalisation would likely deepen.

UN Experts Call for Withdrawal of the Reform

The experts urged Peru's Congress to withdraw the amendment and instead engage in inclusive consultations with disability organizations and human rights defenders. They also reaffirmed their readiness to provide technical assistance to align Peru's legislation with international human rights standards.

"We call on the Peruvian authorities to ensure that all reforms affecting persons with disabilities strengthen community-based services and supports," the experts said. "Independent and autonomous living must be the foundation of disability policy—not segregation."

The experts emphasized that investing in community support services, inclusive education, and accessible public infrastructure is the only sustainable way to ensure equality and uphold the dignity of all persons with disabilities.

A Turning Point for Disability Rights in Peru

As the proposed reform awaits a final vote by Congress, the debate has become a critical test of Peru's commitment to human rights and inclusion. Disability rights advocates warn that institutionalisation not only violates international norms but also perpetuates poverty and social exclusion.

The UN Committee on the Rights of Persons with Disabilities has repeatedly urged states to close institutions and redirect funding toward independent living initiatives. Countries such as Chile, Uruguay, and Argentina have already begun transitioning away from institutional models—a path the UN experts say Peru should follow.

The experts concluded with a strong message to lawmakers:

"Peru has made significant progress in promoting equality and inclusion. This proposed amendment would undo that progress. Persons with disabilities are not objects of charity—they are rights-holders entitled to live freely and fully within their communities."

About the UN Experts

The statement was issued by members of the UN Special Procedures, including experts on the rights of persons with disabilities, arbitrary detention, and human rights defenders. These independent experts report to the UN Human Rights Council and monitor global compliance with international human rights standards.

They confirmed that they have been in communication with the Peruvian Government about the issue and remain available to support reforms that genuinely advance the rights, dignity, and inclusion of persons with disabilities in Peru.