LGBT Rights in Loreto Department

Loreto is governed by federal Peru law. Learn more
    Homosexuality
    ✔ Legal
    Gay Marriage
    ✖ Foreign same-sex marriages recognized only
    Censorship
    ✔ No censorship
    Changing Gender
    ✖ Legal, but requires medical diagnosis
    Gender-Affirming Care
    ✔ Legal
    Non-Binary Gender Recognition
    ✖ Not legally recognized
    Discrimination
    ✔ Illegal
    Employment Discrimination
    ✔ Sexual orientation and gender identity
    Housing Discrimination
    ✔ Sexual orientation and gender identity
    Adoption
    ✖ Single only
    Intersex Infant Surgery
    ✖ Not banned
    Military
    ✖ Lesbians, gays, bisexuals permitted, transgender people banned
    Donating Blood
    ✔ Legal with restrictions
    Conversion Therapy
    ✔ Banned
    Age of Consent
    ✔ Equal
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Public Opinion

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History

Homosexual activity in Loreto

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Homosexual activity in Loreto is legal.

Current status
Since Apr 3, 1991
Legal
The new penal code adopted in 1991 did not mention if homosexuality was illegal.
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Same-sex marriage in Loreto

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Same-sex marriage in Loreto is foreign same-sex marriages recognized only.

Current status
Since Oct 31, 2006
Foreign same-sex marriages recognized only
Peru just registered a gay marriage that occurred in Argentina, meaning the country does recognise foreign SSM.
Sources:
reuters.com/world/americas/… Date: July 22, 2023"
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Censorship of LGBT issues in Loreto

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Censorship of LGBT issues in Loreto is no censorship.

Current status
No censorship
In Peru, there are no laws restricting the discussion or promotion of LGBTQ+ topics.
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Right to change legal gender in Loreto

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Right to change legal gender in Loreto is legal, but requires medical diagnosis.

Current status
Since Oct 16, 2016
Legal, but requires medical diagnosis
According to PROMSEX, a leading local organisation, the lack of a specific law regulating the legal recognition of gender means that "transgender people seeking recognition of their social name and gender have to resort to a judicial process in civil proceedings". A process described as "cumbersome, long and often full of stereotypes (...) [which] contains more steps and longer deadlines, leading to a longer time for the resolution of the case". Generally, court proceedings for legal gender recognition require a person to undergo gender affirmative surgery and other pathologising requirements.
In July 2020, the Third Transitory Constitutional Court of the Superior Court of Lima ordered in its Judgment No. 12 (2020) that the National Registry of Identification and Civil Status (RENIEC) must develop a procedure to rectify the name, sex and image components of the ID documents of trans and intersex persons, through an administrative procedure without pathologising requirements. However, RENIEC appealed this judgment and the final resolution is still pending.
In 2021, five years after it was originally submitted, the Parliamentary Commission for Women and Family of the Peruvian Congress provided its opinion on the Gender Identity Bill (Bill No. 790-2016) (2016). As of January 2023, the bill is still pending.
Moroever, in September of 2021, local media reported that for the first time in Peruvian history, a civil court ruled in favour of a trans woman who requested to change her name and sex on her DNI without undergoing gender affirmation surgery. (ILGA)
Until Oct 15, 2016
Illegal
Legal change of gender is currently illegal
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Gender-affirming care in Loreto

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Gender-affirming care in Loreto is legal.

Current status
Since 1999
Legal
In 1999, Peru adopted the ICD-10 classification, which contains codes for diagnosing transsexualism in adulthood and childhood, which authorize the initiation of medical transition.
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Legal recognition of non-binary gender in Loreto

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Legal recognition of non-binary gender in Loreto is not legally recognized.

Current status
Not legally recognized
Non-binary options missing.
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LGBT discrimination in Loreto

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LGBT discrimination in Loreto is illegal.

Current status
Since May 2017
Illegal
According to Articles 46 and 323 of the Penal Code, the decree issued in 2017 outlawing discrimination, incitement to discrimination, and hate crimes based on sexual orientation and gender identity is still in effect.
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Oct 31, 1993–May 2017
No protections
Even though the constitution states that people should not be discriminated due to "any reasons", there are no specific provision for sexual orientations or gender identities.
Jan 7, 20172017
Illegal
Legislative Decree #1323 states that crimes motivated by intolerance or discrimination including sexual orientation and gender identity will receive stronger penalizations.
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LGBT employment discrimination in Loreto

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LGBT employment discrimination in Loreto is sexual orientation and gender identity.

Current status
Since Feb 1, 2016
Sexual orientation and gender identity
Under the Revised Peru Criminal Code.
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LGBT housing discrimination in Loreto

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LGBT housing discrimination in Loreto is sexual orientation and gender identity.

Current status
Since Feb 1, 2016
Sexual orientation and gender identity
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Same-sex adoption in Loreto

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Same-sex adoption in Loreto is single only.

Current status
Single only
Only straight couples can adopt and even sometimes LGBTQ+ couples can't adopt.
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Intersex infant surgery in Loreto

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Intersex infant surgery in Loreto is not banned.

Current status
Not banned
Not criminalized in Peru.
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Serving openly in military in Loreto

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Serving openly in military in Loreto is lesbians, gays, bisexuals permitted, transgender people banned.

Current status
Since Dec 10, 2009
Lesbians, gays, bisexuals permitted, transgender people banned
The Constitutional Court ruled that ones sexual orientation is not good grounds to terminate service in the police or the military. Peru has yet to allow trans service
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Blood donations by MSMs in Loreto

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Blood donations by MSMs in Loreto is legal with restrictions.

Current status
Legal with restrictions
Certain gay and lesbian people who have attempted to donate blood in Peru have been rejected because of their sexual orientation. However, there are no laws against gay and lesbian people donating blood so long as they are in good health, but many blood drives have still rejected applications.
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Conversion therapy in Loreto

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Conversion therapy in Loreto is banned.

Current status
Since May 12, 2024
Banned
The Ministry of Health reiterated on the 12th of May that doctors should not preform conversion therapy, prohibiting medical professionals from attempting and adding strength against the notion that these therapies can be reperative in any capacity.
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Jan 1, 2008–May 12, 2024
Varies by Region
Article 9(3)(d) of Regional Ordinance of Apurimac No. 017-2008 (2008) prohibits forcing a person to undergo medical and/or psychological treatment in order to alter or modify their sexual orientation.

Equal age of consent in Loreto

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Equal age of consent in Loreto is equal.

Current status
Since Jan 1, 1836
Equal
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