The Congress of the Republic of Peru recently approved the “Law No. 32331, which is supposed to protect the sexual compensation of girls, children and adolescents in the country. Nevertheless, The standard not only fails to offer a regulatory framework according to national and international standards regarding human rights and adolescents, and to the protection of your best interests, but it contains in your article 5 An openly discriminatory disposition against trans people that indicates the prohibition of entering and using the health services for public use to every person whose expression and/or gender identity does not match the sex that consists in their identity documents.
This arbitrary regulation is not based on any factual evidence, because there is no knowledge of any case of aggression against girls and boys by trans people in public bathrooms in Peru. It openly violates the equality and non -discrimination clause and the right to free personality development contained in the American Convention on Human Rights, as well as in the Peruvian constitutional text. In addition, He does not know the protected category character that the Inter -American Court of Human Rights and the Constitutional Court have granted to the expression and gender identity, Failure to comply with the duty of respect that states assume not to issue norms that decrease or restrict the rights of a person because of these characteristics.
The Congress of Peru by legislating based on negative and prejudiced social imaginary, Not only perpetuates stigmatizing stereotypes against trans people, who are already exposed to serious vulnerability conditions; It also leads to the occurrence of acts of violence and discrimination when trans people seek public health services. And consequently, that these aggressions are in impunity because they are protected by a enabling rule.
It should be noted that the Peruvian State was already declared internationally responsible for breach of its duty of respect and guarantee of the rights of LGBTIQ+ people twice, being particularly relevant to the matter the provisions of the Olivera Fuentes vs Peru Judgment. In this case, the Inter -American Court determined the violation of the right to equality and non -discrimination of a homosexual person due to discriminatory behaviors that had occurrence in trade establishments. Therefore, He was ordered to design and implement “an annual informative campaign of awareness and awareness at the national level in the media regarding the importance of promoting a culture of respect, Non -discrimination and guarantee of the rights of people LGBTIQ+”and“ Implement a public policy with the objective that companies meet the inter -American standards on equality and non -discrimination of people LGBTIQ+”. In that sense, The recent law directly breaches the obligation to protection the rights of LGBTI+ persons and ordered by the IDH Court in the aforementioned sentence.
You can consult the law here
We condemn the approval of this normative text that perpetuates structural discrimination against trans people and affects the enjoyment of their constitutional and conventional rights to dignity, Equality, Free personality and health development. In addition, We urge the Ombudsman of Peru to, in exercise of his mandate to ensure the protection of fundamental rights and respect for constitutional order, interposes an unconstitutionality action against the article 5 of the law 32331.
