PROCEDURAL GUARANTEES FOR PERSONS WITH DISABILITIES IN THE PERUVIAN JUDICIAL SYSTEM: CHALLENGES FOR EFFECTIVE ACCESS TO JUSTICE

Abstract

Contemporary justice systems face the imperative of ensuring that every person, regardless of their condition, can access judicial protection under conditions of substantive equality; however, the persistence of structural barriers within judicial settings demonstrates that this imperative is far from being realized for people with disabilities, who continue to experience forms of procedural exclusion that undermine the effective exercise of their fundamental rights. In this context, this article aims to analyze the procedural guarantees afforded to persons with disabilities in the Peruvian judicial system, evaluating their compliance with international human rights law standards, with particular attention to the Convention on the Rights of Persons with Disabilities. Through a doctrinal and legal-analytical approach, the article examines the guarantees of effective participation, judicial accessibility, procedural accommodations, and support measures for the exercise of legal capacity, identifying the main obstacles that hinder their implementation. The results show that, despite the legislative progress achieved through Law No. 29973 and the ratification of the Convention, a considerable gap remains between the formal recognition of rights and their practical realization, attributable to a combination of physical, communication, and institutional barriers, as well as gaps in the training of legal practitioners. It is concluded that building an inclusive justice system in Peru requires transformations that go beyond the regulatory dimension to impact the institutional structure, organizational culture, and training of the judicial system.