As recalled, on November 29th, 2017, Law No. 30687 of Promotion of the Rights of Short Stature People was published in the Official Gazette "El Peruano".
On January 15th, 2019, Supreme Decree N ° 002-2019-MIMP has been published in the Official Gazette "El Peruano", approving the Regulations of the aforementioned Law.
The purpose of the Law is to establish a legal framework for the promotion of the rights of people of short stature, establishing a culture of respect for their physical condition, equal and non-discriminatory treatment in society, as well as encouraging the inclusion of this vulnerable sector of the population in the plans, programs and projects that the State plans and executes.
People of short stature are those which the Law determines as people that undergo of some genetic disorders, or of growth, bone alteration, illness or any syndrome or alteration that produces a stature considerably inferior to the average of the Peruvian population.
It was specified in the Law that people of short stature are included in the scopes, benefits and rights granted by Law No. 29973, General Law of Persons with Disabilities.
The Regulation determines that its provisions are applicable to all public and/or private entities and to persons covered by Law No. 30687.
We consider that it is relevant to highlight the labor incidences of the regulatory norm in mention, regarding the inclusion of the people of short stature in the labor scope, as following:
Public and private entities must promote work environments that integrate people of short stature, thus ensuring the necessary and appropriate modifications and/or adaptations, required in a particular case, in the physical space, furniture and work tools. The Administrative Labor Authority and regional governments provide technical advice and guidance to employers who request them.
Regarding the awareness activities that the Law contemplates, public entities of the different levels of government must carry them out to promote equal treatment, non-discrimination and the inclusion of people of short stature, within the framework of the “National Day of the Short Stature Person” on October 25th of each year.
Finally, the Third Final Supplementary Provision of the Regulation establishes that people of short stature who wish to access the benefits and rights of Law N ° 29973, General Law of Persons with Disabilities, must comply with the provisions of such legal norm. Recall that the person with disabilities has the right to work, on equal terms with others, in a freely chosen or accepted job, with equal opportunities and remuneration for work of equal value, and with fair, safe and healthy working conditions.
AOV ABOGADOS
January 2019