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LGBT Rights in Peru

    Homosexuality
    ✔ Legal
    Gay Marriage
    ✖ Foreign same-sex marriages recognized only
    Censorship
    ✔ No censorship
    Changing Gender
    ✖ Legal, but requires medical diagnosis
    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
    Military
    ✖ Lesbians, gays, bisexuals permitted, transgender people banned
    Donating Blood
    ✔ Legal
    Conversion Therapy
    Varies by Region
    Age of Consent
    ✔ Equal

Surveys in Peru have revealed a prevalence of resistance towards LGBTQ+ rights.

History

Homosexual activity in Peru

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Homosexual activity in Peru is legal.

Current status
Since Apr 3, 1991
Legal
The new penal code adopted in 1991 did not mention if homosexuality was illegal.
Added by vviet93  ·  0 accurate votes  ·  Report Error  ·  Log

Same-sex marriage in Peru

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Same-sex marriage in Peru 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"
Added by vviet93  ·  0 accurate votes  ·  Report Error  ·  Log

Censorship of LGBT Issues in Peru

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Censorship of LGBT Issues in Peru is no censorship.

Current status
No censorship
In Peru, there are no laws restricting the discussion or promotion of LGBTQ+ topics.
Added by equaldex  ·  0 accurate votes  ·  Report Error  ·  Log

Right to change legal gender in Peru

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Right to change legal gender in Peru 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)
Added by Ausyk  ·  0 accurate votes  ·  Report Error  ·  Log

Until Oct 15, 2016
Illegal
Legal change of gender is currently illegal
Added by vviet93  ·  0 accurate votes  ·  Report Error  ·  Log

Legal recognition of non-binary gender in Peru

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

Current status
Not legally recognized
Non-binary options missing.
Added by Notdog1996  ·  0 accurate votes  ·  Report Error  ·  Log

LGBT discrimination in Peru

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LGBT discrimination in Peru 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.
Added by _it4_  ·  0 accurate votes  ·  Report Error  ·  Log

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.
Added by vviet93  ·  0 accurate votes  ·  Report Error  ·  Log

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.
Added by vdelemoney  ·  0 accurate votes  ·  Report Error  ·  Log

Until Sep 15, 2016
Illegal
Under 2016 revision of their criminal code.
Added by Ausyk  ·  0 accurate votes  ·  Report Error  ·  Log

LGBT employment discrimination in Peru

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

Current status
Since Feb 1, 2016
Sexual orientation and gender identity
Under the Revised Peru Criminal Code.
Added by Ausyk  ·  1 accurate vote  ·  Report Error  ·  Log

LGBT housing discrimination in Peru

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

Current status
Since Feb 1, 2016
Sexual orientation and gender identity
Added by Ausyk  ·  0 accurate votes  ·  Report Error  ·  Log

Same-sex adoption in Peru

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Same-sex adoption in Peru is single only.

Current status
Single only
Only straight couples can adopt and even sometimes LGBTQ+ couples can't adopt.
Added by Willow  ·  0 accurate votes  ·  Report Error  ·  Log

Serving openly in military in Peru

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Serving openly in military in Peru 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
Added by vviet93  ·  0 accurate votes  ·  Report Error  ·  Log

Blood donations by MSMs in Peru

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Blood donations by MSMs in Peru is legal.

Current status
Legal
No restriction about gay sex.
Added by Simo  ·  0 accurate votes  ·  Report Error  ·  Log

Conversion therapy in Peru

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Conversion therapy in Peru is varies by region.

Current status
Since 2008
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.
Added by Ausyk  ·  0 accurate votes  ·  Report Error  ·  Log

Equal age of consent in Peru

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Equal age of consent in Peru is equal.

Current status
Since Jan 1, 1836
Equal
Added by Ausyk  ·  0 accurate votes  ·  Report Error  ·  Log