(Sept. 9, 2009) On August 1, 2009, President Alan Garcia Perez of Peru promulgated Law No. 29392 establishing administrative violations and related sanctions for noncompliance with Law No. 27050, the general law on persons with disabilities, and its regulation. The new law is applicable to individuals and to public and private corporations covered under Law No. 27050, with the limitations established in the Political Constitution of Peru.
The competent authority for the application of this law is the Ministry of Women and Social Development, whose functions are specified therein.
Violations of Law No. 29392 are divided into three categories: simple, serious, and very serious. Among the serious violations are: 1) failure to reserve five percent of available spaces for persons with disabilities in the admission process in universities, institutes, or higher education; 2) unjustifiable noncompliance with the obligation to adjust admission procedures and evaluations, on the part of educational establishments of any level as well as public or private training agencies offering courses and professional and technical career programs, pursuant to the norms issued by the Ministry of Education or the National Assembly of Presidents of Institutions (“Rectores”); and 3) failure to include subject matter with content related to the circumstances of the disabled in different stages, modalities, and programs of the educational system.
Among the very serious violations are: 1) noncompliance by the Peruvian Sport Institute and the Peruvian Olympic Committee with the obligation to recognize disabled athletes who are winners of Olympic and worldwide awards in their respective disciplines in the same manner as non-disabled winning athletes; 2) violations of urban and architectural provisions to allow access to persons with disabilities; and 3) noncompliance by entities of public administration with the requirement to hire disabled persons capable of doing the work, to constitute no less than three percent of the personnel.
The law also provides for sanctions of fines for the different types of violations; determines the sanctioning procedure and the system of appeal; and specifies the repository for the fines. (Ley No. 29392, EL PERUANO [Official Gazette], Aug. 2, 2009, available athttp://www.congreso.gob.pe/ntley/Imagenes/Leyes 29392.pdf.)