📋 Tender Overview
In the period from January to August of this year, the magistrate notes in an article published by an Argentine magazine.The president of the Judiciary, Janet Tello Gilardi, highlighted that, between January and August 2025, the administration of justice granted more than a thousand preferential services in the 34 judicial districts of the country, in response to requests for support and safeguards by people with disabilities (PWD).
This was stated in his article The role of the Judicial Branch of Peru in the protection of the rights of people with disabilities, published in the Digital Journal of Jurisprudence, prepared by the Judicial Branch of the province of Corrientes, Argentina.
Tello Gilardi explained that, in the aforementioned period, 1,274 requests for support and safeguards were submitted throughout the country, which shows its sustained increase, after the entry into force of Legislative Decree No. 1384, in September 2018.
It should be noted that supports are forms of assistance freely chosen to facilitate the exercise of rights, while safeguards are measures to guarantee respect for the rights, will and preferences of the person receiving support.
In 2019, 404 of this type of requirements were registered; in 2020 there were 485; 928 in 2021; in 2022, 1,245; in 2023, 1,615; in 2024, 1,813; data provided by the Statistics Sub-Management of the Modernization, Planning and Budget Management of the Peruvian judicial institution.
This is a reflection of the growing confidence of people with disabilities in this system: Each request represents much more than a procedure, it is the reaffirmation that their voice has legal force, recognition and unquestionable human value, stated the judge.
KEY ACTOR
In this way, the head of the Judiciary highlighted the role, in recent years, that this State power plays, which goes beyond the strictly jurisdictional by aligning itself with human dignity and transforming the way in which the State conceives PWD.
The Judicial Branch of Peru has emerged as a key actor in the consolidation and effective guarantee of the rights of people with disabilities, he highlights.
He also considered that beyond being a mere interpreter of norms, the Peruvian Judiciary is now an active agent of social change, responsible for transforming the principles of law and international treaties into palpable realities for millions of historically marginalized people.
According to the National Disability Observatory of the National Council for the Integration of Persons with Disabilities (CONADIS), Peru has 3 million 209 thousand 261 PWD, which represents 10% of the national population.
Behind this statistical data are millions of citizens who for a long time saw their full participation in society limited, and who now find in law and justice a path to real equality, the judge emphasized.
HUMAN AND INCLUSIVE
It should be noted that through Administrative Resolution No. 066-2020-CE-PJ, the Judicial Alert Directive for Persons with Disabilities was approved, which alerts judges about the participation of PWD in judicial processes, prioritizing their attention.
The impact of the support and safeguards system is not only measured in numbers, but in the strengthening of the autonomy, dignity and participation of people with disabilities in the social and legal life of the country, consolidating a more humane, accessible and inclusive model of justice, he said.
Tello Gilardi also stressed that the incorporation of the system of supports and safeguards, promoted by Decree No. 1384 and subsequent guidelines, reflects a paradigmatic change, from the guardianship model that limits PWD to a model of autonomy, will and dignity.
This transition has not only been normative, but also cultural, and the Judiciary plays a fundamental role in making this transformation tangible, guaranteeing that judicial decisions respect the capacity of people with disabilities and promote their full social inclusion, he noted.
PIONEER JUDICIAL POWER
Tello Gilardi also said that before Decree No. 1384, the justice system had already begun to open paths with pioneering sentences since 2015, by applying diffuse control of conventionality, overcoming barriers of the Civil Code.
He highlighted the ruling of the Third Family Court of the Court of Cusco, led by blind judge Edwin Bejar Rojas, who applied the aforementioned measure that appeals to conventionality to reject arts. 43 and 44 of the Civil Code and avoided the declaration of civil interdiction as a requirement for two brothers with paranoid schizophrenia to access an orphans pension.
The magistrate considered this formality unconstitutional and issued a historic ruling that allowed the brothers to receive their pension without the need for interdiction, a resolution that marked a paradigmatic change towards the social model of disability in our country.
CoWith legal courage, our judges recognized the full capacity of those who, historically, had been subjected to general interdictions, giving them back control over their own lives, the supreme judge highlighted in the document.
These decisions, both nationally and internationally, reflect significant progress towards the recognition of the rights of PWD focused on dignity, equality and the elimination of legal and social barriers, the judge said.
For this reason, Tello Gilardi concluded that the adoption of diffuse control of conventionality, the rejection of absolute interdiction and the promotion of support and safeguard mechanisms are clear signs of a Judiciary that protects human rights.
The Judiciary is an instrument in itself, it is called to be an unrestricted guarantor of the rights of PWD, its role is to protect human dignity, defend autonomy and contribute to the construction of a more just and equitable society, he stressed.
INJURY TO THE PERSON
Meanwhile, Supreme Judge Carlos Calderon Puerta, in the same magazine, presented an outline of legal positions on the concep
