The end of the interdiction for disability in Peru: a blow to the legal paternalism

The exercise of fundamental rights by people with psychosocial and intellectual disability has increased in the last decades by reaching new scenarios where it was unthinkable before that they could be assumed as capable fundamental rights holders on an equal basis with others. This shift began with the civil rights movement by the 60´s in the Global North, but just recently has started in other countries like Perú, that until a few months ago maintained a legal restriction that denied a person with disability the full exercise of his or her owns rights.

In September of 2018, this shift took a leap with the substitution of the interdiction, a legal provision contained in the Civil Code that limited the full recognition of impaired people legal capacity. We will try to discuss in this article, how a paternalistic system justified this measure that is still affecting today their rights exercise due to social resistance, and which are the bases of this change.