Today is a historic day for Peru! The Executive Branch approved Legislative Decree No. 1384, which recognizes and regulates the legal capacity of persons with disabilities and promotes their inclusion, introducing 63 amendments to the Civil Code and replacing the classification of “absolute and relative incapacity” with “full and restricted capacity.” This means that, from now on, persons with disabilities will be able to exercise their rights fully, autonomously, and under equal conditions, eliminating the figure of legal guardianship.
The reform establishes that, from this date forward, persons with disabilities will no longer require a representative, previously known as a “guardian,” to exercise rights such as voting, buying or selling property, getting married, making a will, among others. Now, they will be able to exercise these rights without a third party making decisions on their behalf; only when they require it, they may have access to a “support person” (individuals who provide assistance and are chosen by persons with disabilities) and/or “safeguards” (measures designed to ensure respect for the rights, will, and preferences of the person receiving support).
The Legislative Decree also eliminates involuntary institutionalization of persons with disabilities and establishes that, from now on, any person may request the reversal of legal guardianship measures imposed on persons with disabilities before the entry into force of this regulation, allowing for the designation of appropriate support and safeguards.
In a statement issued today by the Office of the United Nations High Commissioner for Human Rights, the Special Rapporteur on the rights of persons with disabilities, Catalina Devandas, recognized this reform as “a milestone in recognizing the full citizenship of persons with disabilities.” She also highlighted that it represents “an example for all States to follow,” as it “recognizes the legal capacity of all persons with disabilities, eliminates restrictive systems that limit their rights, and provides the necessary support for them to make their own decisions.”
This new regulation represents a turning point in efforts toward social inclusion, reducing stigma, and preventing discrimination, clearly distinguishing disability from incapacity. We wholeheartedly congratulate our friends at SODIS and everyone involved in this important reform!
