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2nd UPR session
Date of review: 6 May 2008
Date of report adoption: 28 May 2008
Document number: A/HRC/8/37
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SUMMARY SOGIESC issues during Peru’s 1st UPR review |
I. SOGIESC issues/recommendations identified by NGOs
Policy measures
4. In their joint contribution, the International Federation for Human Rights and its affiliates in Peru, APRODEH and CEDAL (FIDH-APRODEH-CEDAL), reported on shortcomings in the implementation of the National Human Rights Action Plan, mainly in the area of justice, regarding moves to extend the scope of the death penalty, legislation adopted by Congress giving military courts jurisdiction to hear cases of human rights violations committed by members of the security forces, cutbacks in the human rights further training programme for judges, and the failure to enforce the legislation on crimes against humanity, inter alia. Both Action Canada for Population and Development (ACPD) and CLADEM-Peru [the Peruvian chapter of the Latin American and Caribbean Committee for the Defence of Women’s Rights] noted the Plan’s limitations in respect of measures for the lesbian, gay, bisexual and transsexual communities. II. PROMOTION AND PROTECTION OF HUMAN RIGHTS ON THE GROUND
Equality and non-discrimination
8. According to CLADEM-Peru and ACPD, the 1993 Peruvian Constitution protects citizens against discrimination of any kind, but does not expressly prohibit discrimination based on sexual orientation. According to FIDH-APRODEH-CEDAL, significant progress has been made in legislative terms, in combating discrimination against women but, more than six months after the adoption of the Equal Opportunity for Women and Men Act in 2007, nothing has been done to implement it. Furthermore, despite the legislative efforts, women still encounter difficulties in obtaining access to justice because of the indifference of court officials and poor law enforcement, which is very serious in the light of the spate of femicides in Peru.
9. For its part, ACPD reported that the Equal Opportunity for Women and Men Act adopted in 2007 establishes the principle of State action to ensure equality of opportunity, gender equality based on elimination of all forms of discrimination and sexual exclusion, and the recognition of cultural differences. However, it also pointed out that a bill to prohibit discrimination against women on the basis of their sexual orientation and recognize sexual diversity had been rejected, which means there is no means of ensuring equality of opportunity for lesbians. CLADEM-Perú and ACPD also pointed out that sexual diversity is not recognized in the following public policies and programmes: the National Health Strategy on Sexual and Reproductive Health, the National Guidelines for Comprehensive Sexual and Reproductive Health Care adopted by the Ministry of Health, and the National Curriculum Blueprint for Education 2021 adopted by the Ministry of Education.
10. The Centre for the Promotion and Defence of Sexual and Reproductive Rights – PROMSEX (CPDDSR-PROMSEX) reported on the situation of transsexuals, lesbians, gays and bisexuals. CPDDSR-PROMSEX stated that this group is subjected to physical and psychological violence at the hands of the municipal security services and the national police, mainly in certain parts of metropolitan Lima. In addition, it reported that transsexuals, lesbians, gays and bisexuals suffer discrimination in the provision of health services and in the job market. There were also reports of violence against adolescents and young people in the education system because of their sexual orientation. The Runa Gender Studies and Development Institute also submitted information on violence committed against transvestites, transsexuals and transgender persons, recommending implementation of education and awareness programmes. The Runa Institute called for a pluralist approach in public policies and the promotion of dialogue and of respect for the human rights of such groups.
Right to life, liberty and security of the person
16. CLADEM-Peru pointed out that in Peru, psychological, physical and sexual violence and the killing of spouses are the main forms of gender discrimination against women. It also pointed out that the legal framework to prevent, investigate, protect against and penalize violence against women is ineffective. It reports that, since 1991, the Criminal Code has penalized crimes against sexual freedom. Marital rape can be reported, as can same-sex rape […].
III. ACHIEVEMENTS, BEST PRACTICES, CHALLENGES AND CONSTRAINTS
37. ACPD underscored the importance of the Constitutional Court’s national case law on discrimination on the grounds of sexual orientation, State action on sexual orientation and the right to sexual and gender identity.
II. Excerpts on SOGIESC issues from the national report
Combating discrimination, inequality and exclusion
57. One section of the National Human Rights Plan concerns combating discrimination and identifies the more vulnerable sectors of the population – women, indigenous peoples, children and adolescents, the elderly, migrants and people living with HIV/AIDS – with a view to strengthening measures to guarantee their rights. The Plan recommends action to promote a social culture of respect for difference, avoiding violent or degrading treatment on grounds of race, religion, gender or sexual orientation, among others.
III. Excerpts on SOGIESC issues by UN agencies
No references.
IV. References to SOGIESC issues during the Working Group review
33. Slovenia recommended that Peru […] (d) consider applying the Yogyakarta Principles as a guide to assist in policy development.
V. Conclusions and/or recommendations
Peru noted the following recommendations:
52.2 2. To 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).
VI. Further information
You will find all documents relating to Peru’s first review at UPR-Info and OHCHR’s websites.