UPR Sexual Rights Database

National Report:
Para 18) In January 2017, following representations by a delegation of law-making powers, the executive branch issued Legislative Decree No. 1323, which included a person’s sexual orientation or gender identity among the motives for intolerance or discrimination that constitute aggravating circumstances in connection with crime in general and with discrimination and incitement to discrimination in particular. On 5 May 2017, however, Congress overturned the inclusion of those motives. This decision was vetoed by the executive branch, so the matter is pending.
Para 22) In the National Human Rights Plan 2012-2016, priority was given to groups of persons in need of special protection, ... The new version of the Plan, the National Human Rights Plan 2017-2021, will include lesbian, gay, bisexual, transgender and intersex (LGBTI) persons, ... .
Para 28) The Yogyakarta Principles are being used as a guide in the formulation of documents in various spheres of State activity, such as the National Human Rights Plan 2017-2021 and report No. 175 of the Ombudsman’s Office, on the human rights of LGBTI persons and the need for an equality policy in Peru. They are also used to guide the formulation of preambles to bills, such as the bills on same-sex civil unions (in respect of which the executive branch issued a favourable technical opinion), gender identity, marriage equality and hate crimes, and to inform the activities of working groups for the promotion of the rights of lesbian women and GBTI persons.

UN Compilation:
Para 11) It also noted that the National Human Rights Plan 2012-2016 included recommendations from the universal periodic review, but excluded lesbian, gay, bisexual, transgender and intersex (LGBTI) persons.
Para 17) Two Committees were concerned at the absence of legislation explicitly prohibiting discrimination based on sexual orientation or gender identity, ... .

Stakeholder Summary:
Para 20) The Runa Institute, the Centro de Investigación Interdisciplinar en Sexualidad, Sida y Sociedad (CIISSS), the National Human Rights Coordinator and Joint Submission (JS) JS9 said that all mention of protection on the grounds of sexual orientation and gender identity had been removed from the National Human Rights Plan 2014-2016, despite the fact that lesbian, gay, bisexual, transgender and intersex (LGBTI) groups had participated in its preparation and that a new National Human Rights Plan 2017-2020 was under consultation.
Para 22) CIISSS and AI drew attention to discrimination against the LGBTI population, including hate crimes on the grounds of sexual orientation and gender identity, which created barriers to access to rights such as health care, education, employment and housing. CIISSS said that the State did not have effective mechanisms in place to deal with the problem and protect the LGBTI population. The Runa Institute noted with concern the issue of non-recognition of the identity of transgender persons.
Para 23) CIISSS, JS9 and JS12 referred to Legislative Decree No. 1323, which amended the Criminal Code by adding sexual orientation and gender identity as prohibited grounds for discrimination. They warned that the legislation was being challenged in the Congress. The Runa Institute reported that same-sex sexual relations continued to be punishable under the disciplinary code of the National Police.
Para 24) The Runa Institute and JS9 stated that, owing to the opposition of various conservative groups, a number of bills aimed at eradicating discrimination against the LGBTI community had been unsuccessful. Para 25) JS9 reported on the establishment of the National Anti-Discrimination Commission, on the creation in the Ministry of Women of the Working Group to Promote the Rights of Lesbians and on the publication of handbooks for the National Police and the media prohibiting discrimination on the grounds of sexual orientation and gender identity.
Para 36) JS9 noted the violence against lesbians and transgender women.
Para 38) CIISSS reported on discrimination in access to justice faced by the LGBTI community, ... .
Para 39) JS11 said that there were no specialized protocols for dealing with LGBTI victims.