LEY 28449 PDF

Act to amend the Act of 28 September Stb. Decree to lay down general administrative regulations as determined in s. Redefinition of the categories of employees covered and not covered by Netherlands employees' insurance schemes. Decree to lay down and introduce provisions regulating the extension and restriction of the persons covered by national insurance schemes Insured Persons Extension and Restriction Decree. Indicates the categories of workers and population groups who are covered or excluded by these schemes. Act to amend the Act on payments for voluntary early retirement No.

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Help us continue to fight human rights abuses. Please give now to support our work. Between July and November , Human Rights Watch interviewed 65 persons with disabilities or their relatives as well as more than 35 representatives of disabled persons organizations, legal experts, parliamentarians and government officials in Lima, Cusco, and Puno. A limitation of the research was the lack of available data on people with disabilities, a problem that the government Peru has acknowledged in its report to the CRPD Committee and is working to address.

Human Rights Watch found that Peru has many progressive legal provisions on disability rights in place, such as a national disability law that establishes a national council for persons with disabilities, charged with formulating public policies regarding persons with disabilities, the appointment of an ombudsman specializing in defending the rights of persons with disabilities, and for municipal and regional governments to establish offices to support the inclusion of people with disabilities in local decision-making.

However there are other laws and policies still in place in Peru that prevent people with disabilities, particularly those with intellectual or psychosocial disabilities, from exercising fundamental legal rights, including the right to political participation.

With no system for supported decision-making in place, Peruvian law provides for a system of guardianship, known as judicial interdiction, which means people have their legal capacity restricted, either in part or in whole, through judicial order and as a consequence cannot exercise or enjoy a range of civil rights.

This submission discusses violations of the rights of people with disabilities in Peru that are inconsistent with Articles 5, 12, 14, 19, 25, and 29 of the Convention. In your upcoming Committee review of Peru, we urge you to question the government about the following key issues:. Human Rights Watch spoke with several people with disabilities who had been interdicted or were at risk of interdiction.

In the absence of a mechanism for supported decision-making, their families sought interdiction because under Peruvian law, they perceived this to be the only way to protect them and their property or legal interests, including their right to pension or social security benefits. Human Rights Watch urges the Committee to question the government of Peru regarding steps it has taken to protect the right to legal capacity and supported-decision making for people with disabilities, including by:.

Despite these campaigns, some people with disabilities, especially those living in rural areas and people living long-term in institutions, remain without identity cards, effectively making them unable to exercise their rights as citizens. RENIEC is charged with issuing national identity cards, which serve, among other things, as the sole document that individuals are required to produce in order to exercise the right to vote. It also affects access to social security benefits.

In , Congress passed legislation that effectively nullified the RENIEC regulation that required the identity card to show or be accompanied by proof of having voted or proof of dispensation from voting in order to carry out specified functions, including to sign a contract, appear in administrative or judicial proceedings, obtain a passport, and enroll in a social security or social welfare scheme.

Prior to a change in policy in October , Peruvian authorities actively excluded over 23, persons with intellectual and psychosocial disabilities from the voter registry, based on RENIEC policies in place between and that denied voting rights to people with such disabilities, notwithstanding that they had not been judicially interdicted.

In November , RENIEC acknowledged that it excluded over 20, persons with intellectual or psychosocial disabilities from the voter registry. As a result, thousands of people with disabilities were not registered to vote in the national elections in April and June Peruvian law permits the inclusion on the identity card, on a voluntary basis, of information that the person identified has a permanent disability.

This choice is not always respected, however. RENIEC issued a resolution on October 10, that nullified policies excluding people with certain mental and intellectual disabilities from the electoral rolls, made clear that inclusion of information on disability is voluntary, and pledged to issue voting group assignments to people with psychosocial or intellectual disabilities who had been excluded from the rolls.

Human Rights Watch urges the Committee to question the government of Peru about steps it has taken:. People in institutions have not been able to exercise the right to vote because they lack identity documents or because they have been excluded from the voter registry, as described above.

People in institutions have also routinely been prevented from exercising their right to vote when institution directors or staff did not permit them to leave the institution to vote or consider them incapable of voting. There is no system or procedure to facilitate their right to vote. One of the key challenges in implementing the CRPD is the perspective among mental health professionals and lawyers alike that the right to political participation should be qualified for people with disabilities on the basis of competency.

The Peruvian government has not developed any program targeted at people with psychosocial or intellectual disabilities to facilitate their exercise of the right to vote, and does not provide training on how to vote, provide information on political participation or make the necessary accommodations to support the exercise of this right, such as facilitating someone to accompany a person to the polling station.

To comply with its October resolution, RENIEC has begun to issue identity cards to people living in institutions that include voting group assignments to qualify them to vote in the next election. Human Rights Watch urges the Committee to question the government of Peru about steps it has taken to ensure the right to vote of people with disabilities in institutions, including to ensure that they will be physically permitted to go to assigned polling stations and have the support required to do so, and to permit alternative options such as mobile voting stations or electronic voting.

In July , the government approved Law No. It also permits family members to authorize detention for those "who suffer some level of addiction and due to lack of consciousness of their illness, refuse to give informed consent. Law No. Human Rights Watch is concerned that Law No. Staff at two psychiatric hospitals in Lima told Human Rights Watch that they medicated patients, in some cases against their will.

They explained that if people objected to taking medication, they would hide it in their food; in cases of emergency, they might inject the medications. Human Rights Watch believes that forcible detention may constitute arbitrary detention, in violation of international human rights standards, even if it has a lawful basis provided by Peruvian law. According to the UN Special Rapporteur on Torture, compulsory treatment of an intrusive and irreversible nature, such as neuroleptic drugs and other mind-altering drugs, without the informed consent of the individual may constitute torture or ill-treatment if it lacks a therapeutic purpose, or is aimed at correcting or alleviating a disability.

The CRPD inscribes the presumption that persons with disabilities can act in their own best interests and that, when needed, they should be given support to do so. It also makes clear that persons with disabilities — including intellectual and psychosocial disabilities -- enjoy an equal right to health care as others, explicitly recognizing that medical care must be provided on the basis of free and informed consent, and without discrimination based on disability Art.

Mental disabilities do not justify the presumption that a person lacks the capacity to provide informed consent. Forced medical treatment can only be considered in exceptional cases when informed consent is not possible, and it is for the shortest possible time strictly for therapeutic purposes. The CRPD also provides further protection concerning deprivations of liberty to persons with disabilities.

For states that, like Peru, have ratified both the CRPD and ICCPR, Article 14 should be applied together with the safeguards against detention in the ICCPR, under the doctrine that the combined effect of any treaties or domestic norms should be interpreted so as to offer the greatest protection to the individual. We hope you will find the comments in this letter useful and would welcome an opportunity to discuss them further with you.

Thank you for your attention to our concerns, and with best wishes for a productive session. The law governing police and military pensions requires that disability be established through judicial order, thus obligating the beneficiary to be judicially interdicted. By contrast, individuals over 18 years of age can establish their disability, and thus entitlement to orphan pension through other pension systems via a declaration of a medical commission.

In practice, however, people with intellectual or psychosocial disabilities are often interdicted to receive benefits under each of these systems, as their parents file the paperwork on their behalf.

The Public Ombudsman report states that the names given to patients were for internal use. People live in institutions for various reasons: they are brought there by family, friends, police or emergency medical services, they are ordered by a court, they themselves are seeking treatment, or they are abandoned there.

And, as both the Public Ombudsman and psychiatric institutions have noted, people may be consigned to institutions even absent medical criteria for internment. The identity card is the main form of personal identification to complete civil, commercial, administrative, and judicial transactions, and all cases where, by law, identification is required.

In any event, the law is subject to opposing interpretations. Indeed, legislation was proposed in to specifically derogate related provisions in these laws. The counter-argument is that the prior laws are unconstitutional, since the legislation renders ineffective prior legislation to the contrary and no one should have to do what the law states is not required.

Advocates have raised concerns that this situation has generated confusion, noting, for example, inconsistent practices among banks and notaries regarding whether to permit transactions by persons without proof of having voted or excuse from voting on their identification cards. This declaration was signed by a parent, grandparent, or caretaker. The policy also required that the identity card "contain the legal restrictions and observations declared. A RENIEC policy required that those who received their identity cards via the procedures be excluded from the voter registry, justifying the policy on grounds that the declaration was similar to interdiction.

See Political Constitution of Peru, art. In October , RENIEC identified 23, citizens with psychosocial or intellectual disabilities who had been excluded from the voter registry and should be put back on. Mukong v. Cameroon Views adopted on 21 July , in UN doc. Family Violence against People with Disabilities in Mexico. Human Rights Watch defends the rights of people in 90 countries worldwide, spotlighting abuses and bringing perpetrators to justice.

Get updates on human rights issues from around the globe. Join our movement today. Donate Now. In your upcoming Committee review of Peru, we urge you to question the government about the following key issues: Deprivation of legal capacity through judicial interdiction; Gaps in ensuring everyone enjoys the right to identity and the right to a name; Denial of the right to vote and related adverse consequences; registering stigmatizing information; Disenfranchisement of people with disabilities in institutions; Involuntary detention and forced treatment of people with disabilities.

Deprivation of legal capacity through judicial interdiction Art. Gaps in ensuring everyone enjoys the right to identity and the right to a name Art. Denial of the right to vote and related adverse consequences; registering stigmatizing information Arts.

Human Rights Watch urges the Committee to question the government of Peru about steps it has taken: to ensure that deprivation of the right to vote does not impair capacity to engage in civil, commercial, administrative, and judicial transactions; to restore voting rights to all people with disabilities who are excluded from the national voter registry, including people with disabilities subject to interdiction; to reach out to vulnerable individuals and protect people with disabilities from such violations in the future including training of all relevant government staff and volunteers.

De facto disenfranchisement of persons in institutions Articles 5, 12, 29 People in institutions have not been able to exercise the right to vote because they lack identity documents or because they have been excluded from the voter registry, as described above.

Involuntary detention and forced treatment of people with disabilities Arts. Your tax deductible gift can help stop human rights violations and save lives around the world.

Topic Health , Disability Rights. More Reading. October 17, News Release. April 2, Letter. June 4, Report. October 23, Report. Protecting Rights, Saving Lives Human Rights Watch defends the rights of people in 90 countries worldwide, spotlighting abuses and bringing perpetrators to justice.

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