LGBT rights in Peru

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LGBT flag in form of Peru

Lesbian, gay, bisexual, and transgender (LGBT) people in Peru may face legal challenges not experienced by non-LGBT residents. Both male and female same-sex sexual activity is legal in Peru. However, houses headed by same-sex couples are not eligible for the same legal protections available to opposite-sex couples.

In January 2017, the ex-president Pedro Pablo Kuczynski stabled a rule prohibiting all types of discrimination and hate crimes by sexual orientation. On January 9, 2017, a same-sex couple between a Peruvian citizen and a Mexican citizen started a process to legalize same-sex marriage between those. The 7th Constitutional Court of Lima was in favor of recognizing same-sex marriage, performed on Mexico after. However, the Supreme Court of Peru declined its request.[1]

Foundations[change | change source]

Movimiento Homosexual de Lima[change | change source]

Anti-homophobia protest in Iquitos, Peru (2013)

In the 1980s, a foundation called Movimiento Homosexual de Lima (MHOL) started to fight for more LGBT rights. It was founded by a LGBT activist and ex-politician Óscar Ugarteche.[2] In 2014, there was some cases of discrimination against LGBT people in MHOL. One example was to the MHOL's president.[3]

History[change | change source]

In their old civilizations, like the Moche and Chimu culture, homosexuality was seen as normal; there are ceramics about LGBT persons engaging in sexual activity between same-sex couples.

Legislative summary[change | change source]

Same-sex sexual activity legal Yes check.svg (since 1924)
Same age of sexual activity consent between homosexual and heterosexual Yes check.svg (since 2012)
Anti-discrimination laws in job Yes check.svg (since 2017)[4]
Anti-discrimination laws of goods and services Yes check.svg (since 2017)[4]
Anti-discrimination laws in all other areas (ej. indirect discrimination, hate speech) Yes check.svg (since 2017)[4]
Hate crime laws including sexual orientation and gender identity Yes check.svg (since 2017)[4]
Same-sex marriage X mark.svg (was proposed)
Civil unions (recognition of same-sex couples) X mark.svg (was proposed)
Adoption for single people regardless of sexual orientation Yes check.svg
Adoption by same-sex couples X mark.svg
Joint adoption by same-sex couples X mark.svg
Gays, lesbians, and bisexuals allowed to serve openly in the military Yes check.svg (since 2009)
Transgender people allowed to serve openly in the military X mark.svg
Change legal gender Yes check.svg (since 2016)
Intersexual minors protected from surgical procedures counted as invasive X mark.svg
Third gender option (non-binary, etc) X mark.svg
Automatic parenting for both couples after birth X mark.svg
Access to IVF for lesbians (women─women) X mark.svg
Conversion therapy banned X mark.svg (normally not used now)
Commercial surrogacy for gay male couples X mark.svg
Men who have sex with men allowed to donate blood Yes check.svg (never was prohibited)

Gallery[change | change source]

References[change | change source]

  1. "El matrimonio gay que se convirtió en una lucha internactional" (in Spanish). September 10, 2020. Archived from the original on May 24, 2021. Retrieved May 24, 2021.
  2. Movimiento Homosexual de Lima Archived 2021-05-06 at the Wayback Machine MHOL.org.pe. (in Spanish) Accesed 24 May 2021.
  3. El Comercio Perú. "Presidente del MHOL denunció discriminación en discoteca" (in Spanish).
  4. 4.0 4.1 4.2 4.3 Refugee Legal Aid Information. "Peru LGBTI resources".