Table 4:  Disability and equality before the law

Examples of Human Rights Violations

  • Persons with disabilities are not given identity cards.
  • Persons with disabilities who are declared incompetent by a court are consequently also denied civil rights such as the right to vote.
  • No legal remedies and safeguards against guardianship, such as independent review and right to appeal.
  • Persons with disabilities are denied the ability to exercise the right to marry.
Human Rights Standards Treaty Body Interpretation
CRPD 12 (1) States Parties reaffirm that persons with disabilities have the right to recognition everywhere as persons before the law.

(2) States Parties shall recognize that persons with disabilities enjoy legal capacity on an equal basis with others in all aspects of life.

(3) States Parties shall take appropriate measures to provide access by persons with disabilities to the support they may require in exercising their legal capacity. …

CRPD: noting that in Peru it is reported “that a number of persons with disabilities, especially those living in rural areas and in long-term institutional settings, do not have identity cards and, sometimes, have no name” and urging Peru to promptly initiate programmes in order to provide identity documents to persons with disabilities, including in rural areas and in long-term institutional settings, and to collect complete and accurate data on people with disabilities in institutions who are currently undocumented and/or do not enjoy their right to a name.  CRPD/C/PER/CO/1 (2012).

CRPD: urging Peru to amend the Civil Code in order to adequately guarantee the exercise of civil rights, particularly with regards to the right to marry to all persons with disabilities. CRPD/C/PER/CO/1 (2012).

CRPD: recommending that China revise their laws to ensure that all persons with disabilities have the right to vote. CRPD/C/CHN/CO/1 (2012).

CRPD: recommending that Peru:

“Restore voting rights to all people with disabilities who are excluded from the national voter registry, including people with disabilities subject to judicial interdiction.

Reach out to vulnerable individuals and protect people with disabilities from such violations in the future, including through relevant training.

Guarantee the right to vote of people with disabilities in institutions, by ensuring that they are physically permitted to go to assigned polling stations and have the support required to do so, or to permit alternative options.” CRPD/C/PER/CO/1 (2012).