8th
International Mega Crafts Expoferia received a 51 UIT fine
Before an audience of approximately 100 parents of people
with different abilities, members of collectives and organizations committed to
the fight for inclusion of people with different abilities a press conference
was held May 6, to report on the sanction imposed by INDECOPI on the 8th
International Mega Crafts Expoferia for discriminating against Fanny Roldán, a
student with a different ability from CASP.
On the occasion of the press conference, Dr. Liliana Mayo,
Executive Director of CASP, said the sanction is a precedent for people with
different abilities and their families, since institutions like IDECOPI will
sanction businesses that are committing these malpractices.
“We believe that people with different abilities can be
independent, productive and happy if we work with families as a team,” Dr. Mayo
said. “Fanny’s case is an example of this, because the family faced this
situation by demonstrating their knowledge, education and training with respect
to their rights. And they found out where to go once this unfortunate incident
occurred. For us it is a day of celebration, because we have gained great
progress.“
Juana Elena Tueros Lara, the mother of Fanny Roldán, said
she was satisfied by the sanction and that she felt justice was served for her
daughter. “Our children are human beings and have rights just like everyone
else,” she said. “Today we can protest, because our children also have
feelings. My daughter Fanny may not be able to speak for herself, but I am her
voice.”
The press conference was attended by Dr. Renata Bregaglio
Lazarte, Academic and Research Coordinator of the Institute for Democracy and
Human Rights of the Pontifical Catholic University of Peru, and a staff member
of the lawyers for Fanny Roldán Tueros’s case who provided information to
assistants on the incidence and information on how to confront a case of discrimination
and the procedures to follow for presenting complaints to INDECOPI.
From now on, the juridical framework provides us sufficient
tools to confront and not allow discriminatory acts of any kind. The legal
system enables these situations to be sanctioned, whether they occur in public
or private spaces. Therefore, we understand that private spaces have long been
required to respect the law of non-exclusion, Dr. Bergaglio said.
Finally, in this event, assistants also reported on the
legal system concerning discrimination in Peru. An explanation was given by Dr.
Elizabeth Calle Ato, Director of Normativity at CONADIS, who said that although
not only a constitutional but also an administrative, national and
international system exists, especially regarding discrimination, cases like
this one still arise. It should be noted that discrimination is very rooted in
the society. However, she suggested that work needs to be done at a social,
political and cultural level with both public and private businesses and with
all of us social actors who are involved in the system of law.
Exemplary sanction
The Consumer Protection Court of the Competition and
Protection Intellectual Property Tribunal Defence of INDECOPI has confirmed the
penalty imposed on the Asociación de Manualidades y Arte Decorativo (Crafts and
Decorative Arts Association) due to the discrimination against a person with a
disability because of her condition.
On October 9, 2011, our 22-year-old student, Fanny Tueros,
who has cerebral palsy, was discriminated by the 8th International
Mega Crafts Expoferia organizers in San Borja District, who prevented his
admission to the event.
Following this act, Fanny Tueros’s family took the case to
INDECOPI with legal advice from the Human Rights and Disability Section of the
Pontifical Catholic University of Peru Legal Clinic. Then, on November 19,
2013, INDECOPI ruled in favor of our student’s family, imposing a 51 UIT fine,
equivalent to 193,800 nuevos soles, indicating that the Crafts and Decorative
Arts Association denied Fanny Tueros entry to the 8th International
Mega Crafts Expoferia due to her disability, thus incurring a consumer
discrimination infraction. Also, all forms of discrimination are prohibited in
the national legislation and particularly in the Consumer Protection Code,
INDECOPI said.
The Ann Sullivan Center of Peru (CASP) was pleased with
INDECOPI’s final ruling. It contributes
to recognition of the struggle for the rights of people with different
abilities. Now more than ever, we as a society must ensure that all people,
regardless of their condition, should be included in all life activities just
like everyone else.
