Content of the article.
Within the framework of the current situation regarding COVID-19, the State has issued a Decreto Legislativo Nº 1468 for persons with disabilities, with the aim of guaranteeing their rights in the context of COVID-19.
These prevention and protection provisions must be applied by all public entities and by the relevant private entities.
To ensure compliance, Article 6 of the decree provides that all State bodies linked to disability matters must supply the necessary information from disability registers so that care and food assistance can be facilitated within no more than two days after a request is made. In addition, the information may also be provided to private non-profit legal entities, provided that their actions are consistent with the purposes of this decree.
The decree establishes a total of 11 priority measures for the prevention and protection of persons with disabilities:
- Promote the provision of health services, ensuring their accessibility and prohibiting discrimination on the basis of disability. This includes continuity of services that people were already receiving because of their health conditions (medical care, mental-health care, rehabilitation, access to medicines, among others).
- If a person is institutionalised or is in a care, residential or similar facility, the director must make the necessary preventive accommodations. This includes carrying out screening tests for persons with disabilities and staff who provide their care, and acting immediately if a positive case is identified. Accessible communication channels with family members and/or close contacts must also be established.
- Community support networks will be created. These will be led by provincial and district municipalities, promoting the participation of both the population and institutions connected with disability issues. CONADIS will provide technical assistance to those who request it.
- For access to and delivery of resources or supplies provided by the State, persons with disabilities must be prioritised, with the possibility of home delivery depending on each entity’s budget.
- Promote the accessibility of communications issued by authorities, by adapting them to accessible formats and media such as sign language, captions, Braille and others.
- Promote the continuity, accessibility and inclusion of educational services for persons with disabilities.
- Encourage access to remote work following prior coordination between the employer and employee, provided that the duties required are compatible with this modality. This applies to both public- and private-sector work.
- If remote work is not possible, paid leave must be granted, subject to compensation after the health emergency ends.
- This measure also applies to family members who care for a person with a disability who has been diagnosed with COVID-19 or belongs to a risk group.
- Persons with disabilities who are at risk, unprotected and/or abandoned must receive priority attention from the Ministry of Women and Vulnerable Populations and provincial and district municipalities.
- Se priority will be given to repatriation of persons with disabilities and family members or support persons who are abroad.
- Prioritise the circulation of accessible public-transport vehicles for persons with disabilitiesat the provincial level.
- People with intellectual or mental disabilities who, because of their condition, need to leave their homes may take brief outings, provided this is absolutely necessary and health-safety rules are observed.
Other additional provisions:
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Proof of disability status
Because these measures require authorities to recognise persons with disabilities, individuals may provide proof of their disability status in order to ensure implementation of these provisions. However, if documentation is unavailable, a sworn statement signed by the person concerned may exceptionally be submitted, or by a family member if the person with a disability is unable to express their will.
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Incorporating a disability perspective into government measures in response to COVID-19.
It is also important to note that Article 7 of the decree provides that, from that date onward, a disability perspective must be adopted in measures and actions developed within the framework of the health emergency caused by COVID-19 and, accordingly, organisations of persons with disabilities must be consulted when decisions concerning the health emergency are made.
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Virtual Assistance Platform for people with hearing disabilities or Deaf people.
It is also important to note that the National Council for the Integration of Persons with Disabilities (CONADIS) will have a Virtual Assistance Platform for people with hearing disabilities or Deaf people so that they can obtain information about the health emergency caused by COVID-19.
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Insertion of Article 62-A into Law No. 29973, the General Law on Persons with Disabilities.
“Article 62-A.- Safety and protection in emergency situations. 62-A.1 A person with a disability has the right to have their safety and protection guaranteed, as well as access to basic services that enable them to live with dignity and with respect for the exercise of their legal capacity, in emergency situations. 62-A.2 Through coordinated action by its three levels of government, the State guarantees persons with disabilities respect for their rights and attention to their specific needs in preparedness, response and recovery during emergency situations.”
Articles 69 and 70 concerning the functions of OREDIS and OMAPED are also amended. This is a summary of the decree. You can review the full Legislative Decree by clicking the box below:
It is also important to mention that, as of 24 April 2020, Vice-Ministerial Resolution No. 001-2020-MIDIS/VMPES was published, approving the “Manual for Local-Level Implementation of the Support Network for High-Risk Older Adults and Persons with Severe Disabilities, for the prevention and control of COVID-19”. The manual was prepared jointly by the Ministry of Development and Social Inclusion, the Ministry of Health and the Ministry of Women and Vulnerable Populations.
The manual is currently published on the Institutional Portal of the Ministry of Development and Social Inclusion and can be accessed through the following link:
