Peru – Person with disabilities

1.2. Methodology: Peer-to-peer dialogue as the basis of the NAP

Management by results favors that the NAP complies with the requirement of mainstreaming the human rights approach and its complementary approaches (Minjusdh, 2019), which are the following:

Disability perspective: evaluates social relations considering the needs and interests of people with disabilities; and considers disability as the product of the interaction between the sensory, physical, intellectual, or mental deficiencies of people and the different barriers imposed by society, addressing the multidimensional nature of the problem of exclusion and discrimination that affects them and committing the State and society to take measures to eliminate them, in order to ensure their full and effective participation in society, without discrimination and on equal terms. – page 16

CHAPTER III DIAGNOSIS AND BASELINE: ACTION AREAS

3.2. Conclusions of the specific issues

People with disabilities

According to the National Multisectoral Policy on Disability for Development to 2030, structural dis- crimination against persons with disabilities is a public problem that transcends and is independent of individual discriminatory actions; and that, in addition, it is part of a process of accumulation of disadvantages and has social implications in the areas of enjoyment of rights and reproduction of social inequality.25 In Peruvian culture, people with disabilities are still perceived from the medical standpoint, i.e., disability is in the person and not in the social barriers, which does not allow reducing inequality gaps. This situation of disadvantage is greater in the case of women. In addition, there is not enough information on the labor supply for people with disabilities, which is a barrier to promoting job offers in accordance with their abilities and skills. The State has the duty to reduce the educational and training gaps of people with disabilities and to optimize their training conditions, in order to guarantee access to employability opportunities.

It is necessary that all companies follow those that already include in their human rights policy a reference to non-discrimination towards people with disabilities, also respecting international standards in this regard. Companies should implement communication and information mechanisms in formats accessible to people with disabilities. Access to employment should involve a selection process under equal conditions, equitable hiring, including the corresponding reasonable adjustments. It is also advisable to implement a support plan for workers who acquire a disability that includes early identification, facilitating reasonable adjustments to personnel who acquire a disability, and their reintegration into their jobs. The existence of sanctioning processes does not contemplate reparation mechanisms for human rights violations of persons with disabilities. – page 47

Table 8: NAP strategic guidelines and objectives, and alignment with the axes of the Peru Vision 2050

Strategic guideline No. 1: Promotion and dissemination of a culture of respect for human rights in the business environment in accordance with the framework of international standards of the guiding principles and other international instruments.

Objective 2: Organized civil society (members of civil society organizations, trade unions, and indigenous peoples) are aware of and promote the implementation of the guiding principles and other related international instruments in their activities.

9.

Action: Guarantee the rights, especially the rights to equality and non- discrimination, of specially protected groups (LGBTI, the elderly, people with disabilities, women, migrants, Afro- Peruvians, indigenous peoples) in consumer relations.

Background: Special protection groups (LGBTI, elderly people, people with disabilities, women, migrants, Afro-Peruvians) require the State to adopt measures that guarantee their right to fair and equitable treatment in consumer relations and not to be discriminated against on the basis of origin, age, sex, sexual orientation, etc., in the products and services offered.

Indicator: Number of training activities on equality and non- discrimination in consumption and/ or advertising for suppliers and/or consumers.  – page 62

Objective No. 3: Review, design, and adoption of national plans and programs to guarantee human rights in the framework of business activities.

52.

Action: Raise awareness and promote the rights of persons with disabilities in the media.

Background: It is a tool to help the media and its professionals to create a responsible image of disability, respectful of diversity that favors awareness and social inclusion.

Indicator: Guide to facilitate the development and dissemination of content on disability in the media. – page 90

53.

Action: Incorporate the human rights approach, taking into consideration the GP-BHR and other international standards, in public policy related to the issue of persons with disabilities.

Background: Public management policies, plans, and programs should consider the human rights approach and its complementary approaches (gender, disability, intercultural, age, territorial, and differential) in their design, elaboration, and implementation, taking into consideration the HR-PR and other international standards in public policies.

Indicator: Study on the incorporation of the human rights and disability approach in the employment of people with disabilities.  – page 91

Strategic guideline No. 3: Design of public policies that promote respect for human rights by companies through accountability, investigation, and sanction for the impacts of their activities.

Objective 1: Promote policies and/or standards that guarantee respect for human rights in business activities.

59.

Action: Ensure reasonable adjustments in access, environment, and work performance for people with disabilities.

Background: Reasonable adjustments facilitate access to and movement in the workplace for workers with disabilities, their work development, access to induction, training, and promotion programs in employment, under conditions of equality with other workers, and are therefore mandatory for employers in the public and private sectors.

Indicator: Number of inspections related to reasonable adjustments. – page 96

60.

Action: To guarantee equal access to work and work performance for people with disabilities.

Background: The MTPE, regional governments, and municipalities promote the adoption, by public and private employers, of good employment practices for persons with disabilities. Likewise, job training, updating, placement, and employment programs incorporate in their design, components, strategies, or specialized methodologies to adapt the provision of their services to the needs and characteristics of the various types of disabilities, in order to optimize their effectiveness.

Indicator: Number of job openings for people with disabilities; Number of private companies that hire people with disabilities; Technical guide for the labor inclusion of people with disabilities.  – page 98

Objective No. 2: Technical assistance to companies for the observance of human rights in their business activities

72.

Action: Promote the rights and non-discrimination of special protection groups (elderly people, Afro-Peruvians, people with disabilities, women, LGBTI people, migrants) in advertising and the media.

Background: Media companies have a responsibility to promote and respect the rights of specially protected groups (elderly people, Afro- Peruvians, people with disabilities, women, LGBTI people, migrants), since, through the content of their programming, they make visible or make invisible certain aspects of society, reinforcing narratives that benefit or harm this population group.

Indicator: Number of informative letters sent to market agents. – page 109