UPR Sexual Rights Database

National Report:
Para 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.

Para 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.

UN Compilation:
Para 20) With regard to recommendation 2,46 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.

Stakeholder Summary:
Para 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or restricts people's rights on the basis of their sexual orientation, gender identity or forms of gender expression be repealed or amended and that equal marriage rights be established by means of an amendment of the Constitution and the Civil Code; that Code MG.66 of annex III of Act No. 29356, which penalizes homosexuality in the national police force, be repealed; that a law be passed to make it permissible for the notation of the name and gender of holders of the national identity document (DNI) to reflect those with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.

National Report:
Para 91) Regulations have been issued to promote gender equality, including Act No. 29824, the Magistrates Act, which emphasizes the judiciary’s obligation to promote the participation of women in the election and appointment of judges.
Para 95) Although none of the regional governments have provided information on specific plans or programmes that help promote the participation of women in politics or their inclusion in the business world, they have provided information on specific actions to advance women’s political participation, such as issuing ordinances stating that promoting women’s right to political and civic participation, and ensuring its realization, is a priority that is in the public interest.
Para 96) While parity has not been achieved, the participation of women in the public sphere has increased significantly. Thus, in 2016, women accounted for 33 per cent of judicial appointees; 23.4 per cent of commissioned National Police officers and 17 per cent of noncommissioned officers; and 27.7 per cent of elected members of Congress, a figure higher than the 22.3 per cent attained at the general elections of 2011. On the other hand, only 1 woman was elected a regional governor, only 3 were elected mayor of a province and only 3 mayor of a district, out of a total of 1,851 provincial and district municipalities.

UN Compilation:
Para 38) ... The Working Group on the issue of discrimination against women in law
and in practice noted a shortage of women at the highest levels of the judicial system.
Para 45) The HR Committee was concerned that women were underrepresented in decision-making positions in the public sector. CEDAW was concerned that parliamentary representation of women had decreased, that existing electoral gender quotas in regional and municipal elections were often not met, and that women politicians experienced harassment by peers or the authorities.
Para 47) The Working Group on the issue of discrimination against women in law and in practice noted that Peru had made significant efforts in terms of the political participation of women, which had increased as a result of legislation introducing gender quotas. However, the quotas had not managed to remedy a situation in which women lagged behind.

Stakeholder Summary:
Para 52) CNDDHH said that women had still not exceeded the 30 per cent threshold for elected office and held less than 5 per cent of elected posts in local and regional governments ... JS10 reported extensively on the way that the political harassment of women acted as a barrier to their political participation.
Para 97) The Peruvian Black Women’s Development Centre (CEDEMUNEP) observed that the law on quotas did not benefit Afro-Peruvians, who — with some exceptions — were not included in parliamentary lists.