Peru (2nd cycle) For a summary of Peru’s review at the first cycle please click here.
14th UPR session
Date of review: 1 November 2012
Date of report adoption: March 2013
Working Group report: A/HRC/22/x
Summary
Recommendations: Repeal penal sanctions on homosexuality in the police force; Consider enacting legislation that addresses crimes based on sexual orientation; Consider applying the Yogyakarta Principles on the Application of International Human Rights Law in relation to Sexual Orientation and Gender Identity as a guide to assist in policy development.
Status: Accepted.
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I. Key issues/recommendations identified by NGOs
- include sexual orientation and gender identity in antidiscrimination legislation;
- repeal penal sanctions on homosexuality in the police force;
- provide for legal recognition of self-defined gender identity;
- take measures to address hate crimes;
- ensure equal access to HIV/AIDS services and treatment;
- apply the Yogyakarta Principles.
II. Excerpts from input reports
National report
III. Follow-up of the recommendations made during the first cycle of the universal periodic review
B. Measures adopted to combat all forms of discrimination (recommendation 2)
24. Domestic legislation prohibits acts of discrimination in any form. Article 2.2 of the Constitution, for example, recognizes the right to equality before the law and prohibits discrimination on any grounds, among which sexual orientation may be deemed to be included.
27. Protective measures under the national plan to combat violence against women, 2009–2015, also cover lesbians who are victims of discrimination on account of their sexual orientation.
Compilation of UN information
I. Background and framework
B. Constitutional and legislative framework
9. CESCR recommended the adoption of specific legislation to prohibit discrimination based on sexual orientation.
10. CESCR recommended amending the criminal code, concerned that it classified consensual sexual relations between adolescents as statutory rape and penalized abortions in cases of pregnancy resulting from rape. In 2011, CEDAW had similar observations.
C. Institutional and human rights infrastructure and policy measures
20. With regard to recommendation 2, the United Nations system noted that there has been no noticeable progress in the implementation of the Yogyakarta Principles on the Application of International Human Rights Law in relation to Sexual Orientation and Gender Identity as a guide for public policy development (UNCT submission, para. 4.).
III. Implementation of international human rights obligations
A. Equality and non-discrimination
31. CESCR was concerned about discrimination against lesbian, gay, bisexual and transgender persons in employment, housing and access to education and health care.
Summary of stakeholder submissions
Implementation of international human rights obligations, taking into account applicable international humanitarian law
1. Equality and non-discrimination
20. The Centro de Promoción y Defensa de los Derechos Sexuales y Reproductivos (PROMSEX) (Centre for the Promotion and Protection of Sexual and Reproductive Rights) reported that there is a bill before the legislature designed to combat discrimination against gay, lesbian, bisexual and transgender (LGBT) persons. Joint submission 9 (JS9) recommended that a law be passed to ensure equality and non-discrimination on the basis of sexual orientation and gender identity; that sexual orientation and gender identity be included among the categories protected under Act No. 28983 of 2007 (Equality of Opportunity for Women and Men Act); that legislation which denies or restricts people’s rights on the basis of their sexual orientation, gender identity or forms of gender expression be repealed or amended and that equal marriage rights be established by means of an amendment of the Constitution and the Civil Code; that Code MG.66 of annex III of Act No. 29356, which penalizes homosexuality in the national police force, be repealed; that a law be passed to make it permissible for the notation of the name and gender of holders of the national identity document (DNI) to reflect those with which they identify; and that consideration be given to the recommendation made at the last universal periodic review of Peru concerning the application of the Yogyakarta Principles as a guide for the development and implementation of policies to protect and promote rights in relation to sexual orientation and gender identity.
2. Right to life, liberty and security of the person
22. JS9 referred to violence against LGBT persons and recommended that a law be passed that defines and penalizes hate crimes, and that the necessary steps be taken to ensure that the police and the courts carry out investigations into hate crimes committed against LGBT persons and bring the perpetrators of such crimes to justice.
7. Right to health
56. Joint submission 5 (JS5) reported that official statistics indicate that HIV/AIDS is most prevalent among young people. JS8 referred to the shortage of anti-retroviral drugs for adults and children and recommended that supply management arrangements be revised in order to bring them into line with WHO recommendations on the subject. JS9 also referred to community health services for the LGBT population and recommended that universal access to HIV/AIDS preventive and diagnostic services and treatment be guaranteed and that health-care protocols be used that take all the needs of LGBT persons into account.
III. References to SOGI during the Working Group review
73. With regards to questions on legislative measures to combat discrimination against LGBTs, [the delegation of Peru] stated that, in general terms, domestic law including the Constitution prohibits discrimination of any kind. Moreover, Peru’s Constitutional Procedure Code explicit provides that persons discriminated against because of their sexual option can lodge a writ of “amparo” for their protection.
93. Netherlands […] expressed hope that Peru would take measures to combat discriminations against LGBT persons.
IV. Conclusions and/or recommendations
116. The recommendations formulated during the interactive dialogue/listed below enjoy the support of Peru:
116.14. Repeal penal sanctions on homosexuality in the police force (Slovenia);
116.15. Consider enacting legislation that addresses crimes based on sexual orientation (Canada)[1];
116.32. Consider applying the Yogyakarta Principles on the Application of International Human Rights Law in relation to Sexual Orientation and Gender Identity as a guide to assist in policy development (Slovenia).
V. Adoption of the Report
The report of the working group is due to be adopted at the 22nd regular session of the Human Rights Council in March 2013.
VI. Further information
UPR Documentation
For first cycle reports of Peru, please see here
National report 1 : A | C | E | F | R | S
Compilation of UN information 2: A | C | E | F | R | S
Summary of stakeholders’ information 3: A | C | E | F | R | S
Questions submitted in advance : E
Addendum 1 : E
Addendum 2 : E
Addendum 3 : E
Outcome of the review:
Report of the Working group: E
[1] The recommendation as read during the interactive dialogue: “Enact legislation that addresses crimes based on sexual orientation to ensure that rights are protected and enforced (Canada)”.
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