UPR Sexual Rights Database

National Report:
Para 39) Moreover, Legislative Decree No. 1323 bolsters efforts to combat femicide, domestic violence and gender-based violence by redefining the criminal offence of sexual exploitation and establishing aggravated penalties (from 20 to 25 years), significantly harsher than those for other criminal offences, when the victim is a child or adolescent. It also establishes a custodial sentence of not less than 25 years and not more than 30 years in the event of the victim’s death.
Para 97) The National Programme to Combat Domestic and Sexual Violence is responsible for prevention policies and policies for the care and support of persons involved in gender-based violence, particularly domestic and sexual violence, directed against women and members of the family. In this context, between 2015 and 2016 a new legislative framework was adopted. It included Act No. 30364, the Act on the Prevention, Punishment and Eradication of Violence against Women and Household Members, and its implementing regulations; the protocol for inter-institutional action to address femicide, attempted femicide and high-risk partner violence; the National Plan to Combat GenderBased Violence 2016-2021; and the intersectoral protocol for the prevention and prosecution of trafficking in persons. The Peruvian National Police, for their part, adopted a handbook on procedures for police operations in the framework of Act No. 30364.

UN Compilation:
Para 84) Two Committees were concerned at reports of widespread violence against women and girls, including domestic and sexual violence and femicide. In 2014, the Working Group on the issue of discrimination against women in law and in practice noted that violence against women was a widespread problem in all spheres, including the home, school, work and public spaces, and that prosecutions of crimes were still not receiving the priority they deserved. ... The country team recognized that progress had been made, but pointed out that gender-based violence continued to be a critical issue; ... .

Stakeholder Summary:
Para 76) CLCGS welcomed adopted legislation regarding the criminalization of violence against women, including femicide, sexual harassment, and promoting equal opportunities between women and men and several national plans; however, despite these laws 70.8 per cent of women had suffered some type of violence by their partner. ...
Para 101) The Center for Justice and International Law (CEJIL) welcomed the adoption of Supreme Decree N 001-2017-IN that provided temporary residence for ... victims of acts of violence against women.

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.