PERU-SOGI-TBs-CCPR

Country: Peru

Issue: SOGI

Human rights mechanism: Treaty bodies

Treaty body: Human Rights Committee - International Covenant on Civil and Political Rights (ICCPR)

Concluding Observations on Report 6 (2023) (Link)

Discrimination based on sexual orientation and gender identity

18. Despite many legislative and policy initiatives, the Committee is concerned about stigmatization, discriminatory attitudes and violence towards lesbian, gay, bisexual, transgender and intersex persons in the State party. It is also concerned at the absence of legal recognition of and protection for same-sex couples and regrets the lack of information provided by the State party in this regard (arts. 2, 3, 6, 7, 17, 23 and 26).

19. The State party should redouble its efforts to combat all forms of stigmatization and discrimination against lesbian, gay, bisexual, transgender and intersex persons, including the spread of so-called conversion therapies, hate speech and acts of violence. The State party should:

(a) Ensure that offences motivated by the victim’s sexual orientation or gender identity are investigated promptly, that those responsible are brought to justice and appropriately punished and that the victims receive comprehensive reparation;

(b) Develop sex education programmes that provide students with full, accurate and age-appropriate information on sexuality and different gender identities, organize public awareness campaigns and continue to provide training courses for public officials to promote awareness of and respect for diversity in relation to sexual orientation and gender identity;

(c) Consider amending article 234 of the Civil Code, which restricts marriage only to that between a woman and a man, and review the relevant legislation with a view to fully recognizing the equality of same-sex couples and guaranteeing for them all of the rights recognized in the Covenant.

Concluding Observations on Report 5 (2013) (Link)

8. The Committee is concerned at reports of discrimination and acts of violence suffered by lesbian, gay, bisexual and transgender (LGBT) persons on the basis of their sexual orientation or gender identity (arts. 2, 3, 6, 7 and 26).

The State party should state clearly and officially that it does not tolerate any form of social stigmatization of homosexuality, bisexuality or transexuality, or discrimination or violence against persons because of their sexual orientation or gender identity. It should also amend its laws with a view to prohibiting discrimination on the basis of sexual orientation and gender identity. The State party should provide effective protection to LGBT individuals and ensure the investigation, prosecution and punishment of any act of violence motivated by the victim’s sexual orientation or gender identity.

PERU-SOGI-TBs-CCPR

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