LGBT rights in Peru

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This article is concerned with the situation in the modern Peruvian state. For information about homosexuality in antiquity, see homosexuality in ancient Peru.
LGBT rights in Peru
Peru
Same-sex sexual activity legal? Legal since 1836-37[1]
Gender identity/expression -
Military service Gays allowed to serve openly since 2009
Discrimination protections Sexual orientation only (see below)
Family rights
Recognition of
relationships		 No
Adoption No

Lesbian, gay, bisexual, and transgender (LGBT) persons in Peru may face legal challenges not experienced by non-LGBT residents. Same-sex sexual activity among consenting adults is legal.[2] An exception was previously made for all military and police personnel, who could be punished with between 60 days to 20 years imprisonment or discharge from the forces.[2] However, in December 2009, the Supreme Court of Peru ruled that homosexual orientation or engaging in homosexual sex cannot be an impediment to membership of the police forces and the military.[3]

Homosexuality can also be used as grounds for separation or divorce. Laws meant to protect "public morals" are often used against lesbians and gays.[2] Society's attitude towards homosexuals is generally hostile and is heavily influenced by the Catholic Church. In the 1980s the founding of the organisation Movimiento Homosexual de Lima (MHOL) managed to bring about at least a slight change in the way the media treated homosexuality. Known LGBT persons may face persecution by the public. During the first Lima pride parade in 2002, most demonstrators wore masks to avoid persecution by the public.

Law regarding same-sex sexual activity

The age of consent in Peru has changed several times during recent years, and has been subject to political debates,[4][5] but today it is fixed at 14, regardless of gender and/or sexual orientation, in accordance with a 2012 decision of the Constitutional Court of Peru.[6]

Recognition of same-sex unions

On 26 July 2010, Deputy José Vargas of the ruling party Alianza Popular Revolucionaria Americana announced that he would introduce a bill legalizing civil unions[7][8] but in early 2011 the bill died in the Justice Committee because some of its members believed it would be necessary to change the constitution in order to approve the law.[9]

Months prior to the 2011 Peruvian general election, two of the main candidates for president, Keiko Fujimori and Alejandro Toledo, showed their support to legalize civil unions for same-sex couples[10][11] but neither of them won. The winner of the election, Ollanta Humala, has stated that he opposes legal recognition for same-sex couples.[12] On April 2014, legislator Carlos Bruce received a petition signed by 10 thousand people in favor of allowing civil unions for gay couples.[13] Bruce, who put forward the change in the law in September last year, hopes that it will alleviate the discrimination faced by gay Peruvians.

The bill was scheduled to be debated on April 7 in front of the Commission of Justice and Human Rights, but ultimately was postponed until after Easter. While the country has a history of rejecting bills that protect gay people, supporters and allies are hopeful that the Peruvian Congress will move forward with the bill.[14] In June 2014, bills taking on different forms of recognition, some with more rights than others, were discussed in Congress. After a dramatic debate, it was decided by politician Carlos Bruce, who had earlier announced to the public that he was gay, that the original Civil Union bill he submitted with more rights should be voted on separately from other proposals. More than one bill allowing for recognition of same-sex relationships will be discussed in the next parliamentary session which begins in August, though the debate was eventually postponed once more.[15]

In mid-December 2014, during the last week of the 2014 Legislative year, it was announced that the bill would be the first thing on the government's agenda in the new Parliamentary session which begins in early March 2015.[16] On 10 March, Bruce's Civil Union bill was rejected on a vote of 7-4 with 2 abstentions and 2 absences in the Justice Committee. One senator called for Congress to reconsider the bill and the motion was scheduled for a vote on 17 March, but the meeting was suspended due to a lack of attendance by senators. Also on the agenda was an alternate proposal called a solidary union which was scheduled for a vote within two weeks, though the meeting never materialised.[17] On 14 April 2015, the Civil Unions Bill was officially shelved by the Justice Committee after receiving only two votes in favor of its reconsideration.[18]

Discrimination protections

Peru's Constitution Art. 2.2 stipulates that 'Every person has the right to equality before the law. No person shall be discriminated against on the basis of origin, race, sex, language, opinion, economic status, or any other distinguishing feature'. Sexual orientation and gender identity can be included under 'any other distinguishing feature', but are not explicitly mentioned.

Nevertheless, since May 2004 the Constitutional Procedure Code (Law 28.237),[19] expressly provides that the writ of amparo, a constitutional guarantee to protect people from the threat or violation of the rights recognized in the Constitution, can be used in the case of discrimination based on sexual orientation.[20]

The anti-discrimination law does not specifically protect individuals from discrimination based on sexual orientation or gender identity.[21]

As of February 2016, a new Penal Code has been drafted and is pending within the Justice and Human Rights Committee. It would establish explicit protection to LGBT people against discrimination, persecution and incitement to hatred.[22]

Opinion polls

In August 2010, a poll revealed 21.3% of Peruvians approved same-sex marriage, with higher percentage amongst people from Lima and younger people.[23]

According to Pew Research Center survey, conducted between November 13 and December 16, 2013, 26% of Peruvians supported same-sex marriage, 65% were opposed.[24][25]

Summary table

Same-sex sexual activity legal Yes
Equal age of consent Yes(14)
Anti-discrimination laws in employment No
Anti-discrimination laws in the provision of goods and services No
Anti-discrimination laws in all other areas (incl. indirect discrimination, hate speech) No
Same-sex marriage No
Recognition of same-sex couples (e.g. civil unions) No
Step-child adoption by same-sex couples No
Joint adoption by same-sex couples No
Gays and lesbians allowed to serve openly in the military Yes (Since 2009)
Right to change legal gender No/Yes (Gender change is not allowed by courts)
Access to IVF for lesbians No
Commercial surrogacy for gay male couples No
MSMs allowed to donate blood Emblem-question.svg

See also

References

  1. ↑ Lua error in package.lua at line 80: module 'strict' not found.
  2. ↑ 2.0 2.1 2.2 [1] Retrieved on 23 August 2007.
  3. ↑ Lua error in package.lua at line 80: module 'strict' not found.
  4. ↑ Lua error in package.lua at line 80: module 'strict' not found.
  5. ↑ Lua error in package.lua at line 80: module 'strict' not found.
  6. ↑ Lua error in package.lua at line 80: module 'strict' not found.
  7. ↑ (Spanish) Vargas afirma que uniones de hecho entre parejas del mismo sexo son "un derecho humano"
  8. ↑ (Spanish) Legislador peruano anuncia proyecto para legalizar uniones homosexuales
  9. ↑ (Spanish) Comisión de Justicia discutió la unión civil entre homosexuales
  10. ↑ (Spanish) Toledo hizo polémicas declaraciones sobre consumo de drogas y aborto
  11. ↑ (Spanish) Keiko difiere con Kenji sobre adopción de niños por parejas homosexuales Archived 8 November 2011 at the Wayback Machine
  12. ↑ (Spanish) Perú: aspirante izquierdista Ollanta Humala se suma a rechazo de iglesia a bodas gay
  13. ↑ 10 thousand sign petition in favor of civil union for gay couples, Peru this Week, 2 April 2014
  14. ↑ Lua error in package.lua at line 80: module 'strict' not found.
  15. ↑ (Spanish) La unión civil y unión solidaria volverán a debatirse en agosto en Perú
  16. ↑ (Spanish) [2]
  17. ↑ Unión Solidaria: Se suspendió debate del dictamen por falta de quórum
  18. ↑ Unión civil fue archivada definitivamente por este Congreso
  19. ↑ http://www.tc.gob.pe/tc/private/adjuntos/transparencia/pdf/marco_legal/Codigo_Procesal.pdf
  20. ↑ Gloobal - Discriminación por orientación sexual en Perú: Situación de las lesbianas, trans, gays y bisexuales en Perú
  21. ↑ Legislación
  22. ↑ #AlertaPerú : Congreso eliminaría orientación sexual e identidad de género como motivos de discriminación - Sin Etiquetas
  23. ↑ (Spanish) ESTUDIO DE OPINIÓN PÚBLICA A NIVEL PERÚ URBANO - Informe de resultados - (5 al 9 de agosto de 2010) Archived 14 August 2011 at the Wayback Machine
  24. ↑ Religion in Latin America Chapter 5: Social Attitudes
  25. ↑ Religion in Latin America Appendix A: Methodology

External links

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