UN Experts Warn: Peru Disability Law May Promote Institutions

OHCHR

GENEVA - UN experts* today expressed deep concern that amendment proposals put forward by Congress in the Republic of Peru would foster institutionalisation of persons with disabilities and violate their human rights.

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

On 30 September 2025, the unicameral parliamentary body decided to go ahead with plans to modify art. 29 of the General Law on Persons with Disabilities (2012) which addresses the right to health and rehabilitation services in the community by adding that "the State promotes the creation of specialised care centers and temporary shelters for persons with disabilities, based on a rights-based approach." The proposed amendment is now pending a final vote by Congress before enactment.

An earlier amendment proposed by Congress referred to "permanent and temporary shelters" and was vetoed by the President of the Republic in May 2025. The experts welcomed this decision as the proposed amendment conflicted with obligations under the Convention on the rights of persons with disabilities (CRPD), particularly article 19 on the right to live independently and be included in the community.

"The plans to go ahead with the changes, albeit toned down, remain problematic as the text can provide legal basis for creating new institutions," the experts said. "We know from other experiences that 'temporary' and 'specialised' solutions tend to become long-term and lead to exclusion and segregation, while diverting budgetary resources from community-based services."

"We are concerned that Peruvian Congress is proceeding with this reform without having meaningfully consulted persons with disabilities and their representative organisations," they said.

The experts urged Congress to withdraw the proposed amendment reform, consult persons with disabilities, and ensure that all legislation directly affecting persons with disabilities strengthens community-based services and support as a precondition for independent and autonomous living.

They reiterated their readiness to work with national authorities and provide technical assistance to align the national legislative framework on persons with disabilities with international human rights standards.

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