LGBT rights in Peru
LGBT rights in Peru | |
|---|---|
.svg) | |
| Status | Legal since 1836-37[1] |
| Gender identity | - |
| Military | Gays allowed to serve openly since 2009 |
| Discrimination protections | No |
| Family rights | |
| Recognition of relationships | No |
| Adoption | No |
Lesbian, gay, bisexual, and transgender (LGBT) persons in Peru may face legal challenges not experienced by non-LGBT residents. Same-sex sexual activity among consenting adults is legal.[2] An exception was previously made for all military and police personnel, who could be punished with between 60 days to 20 years imprisonment or discharge from the forces.[2] However, in December 2009, the Supreme Court of Peru ruled that homosexual orientation or engaging in homosexual sex cannot be an impediment to membership of the police forces and the military.[3]
Homosexuality can also be used as grounds for separation or divorce. Laws meant to protect "public morals" are often used against lesbians and gays.[2] Society's attitude towards homosexuals is generally hostile and is heavily influenced by the Catholic Church. In the 1980s the founding of the organisation Movimiento Homosexual de Lima (MHOL) managed to bring about at least a slight change in the way the media treated homosexuality. Known LGBT persons may face persecution by the public. During the first Lima pride parade in 2002, most demonstrators wore masks to avoid persecution by the public.
Recognition of same-sex unions
On 26 July 2010, Deputy José Vargas of the ruling party Alianza Popular Revolucionaria Americana announced that he would introduce a bill legalizing civil unions[4][5] but in early 2011 the bill died in the Justice Committee because some of its members believed it would be necessary to change the constitution in order to approve the law.[6]
Months prior to the 2011 Peruvian general election, two of the main candidates for president, Keiko Fujimori and Alejandro Toledo, showed their support to legalize civil unions for same-sex couples[7][8] but neither of them won. The winner of the election, Ollanta Humala, has stated that he opposes legal recognition for same-sex couples.[9] On April 2014, legislator Carlos Bruce received a petition signed by 10 thousand people in favor of allowing civil unions for gay couples.[10] Bruce, who put forward the change in the law in September last year, hopes that it will alleviate the discrimination faced by gay Peruvians.
The bill was scheduled to be debated on April 7 in front of the Commission of Justice and Human Rights, but ultimately was postponed until after Easter. While the country has a history of rejecting bills that protect gay people, supporters and allies are hopeful that the Peruvian Congress will move forward with the bill.[11] In June 2014, bills taking on different forms of recognition, some with more rights than others, were discussed in Congress. After a dramatic debate, it was decided by politician Carlos Bruce, who had earlier announced to the public that he was gay, that the original Civil Union bill he submitted with more rights should be voted on separately from other proposals. More than one bill allowing for recognition of same-sex relationships will be discussed in the next parliamentary session which begins in August.[12]
In mid-December 2014, during the last week of the 2014 Legislative year, it was announced that the bill would be the first thing on the government's agenda in the new Parliamentary session which begins in early March of 2015.[13]
Opinion polls
In August 2010, a poll revealed 21.3% of Peruvians approved same-sex marriage, with higher percentage amongst people from Lima and younger people.[14]
According to Pew Research Center survey, conducted between November 13 and December 16, 2013, 26% of Peruvians supported same-sex marriage, 65% were opposed.[15][16]
Summary table
| Same-sex sexual activity legal | 
|
| Equal age of consent |
|
| Anti-discrimination laws in employment |
|
| Anti-discrimination laws in the provision of goods and services |
|
| Anti-discrimination laws in all other areas (incl. indirect discrimination, hate speech) |
|
| Same-sex marriage | 
|
| Recognition of same-sex couples | (Pending)
|
| Step-child adoption by same-sex couples |
|
| Joint adoption by same-sex couples |
|
| Gays and lesbians allowed to serve openly in the military | (since 2009)
|
| Right to change legal gender |
|
| Access to IVF for lesbians |
|
| Commercial surrogacy for gay male couples |
|
See also
References
- ^ Ottosson, Daniel (May 2009). "State-sponsored Homophobia: A world survey of laws prohibiting same sex activity between consenting adults" (PDF). International Lesbian and Gay Association (ILGA). Retrieved 10 January 2014.
- ^ a b c [1] Retrieved on 23 August 2007.
- ^ Author Carlos A. Quiroz (10 December 2009). "Peru's Constitutional Court ordered Police School to accept expelled Gay Student". Peruanista.blogspot.com. Retrieved 19 January 2011.
{{cite web}}:|author=has generic name (help) - ^ Template:Es Vargas afirma que uniones de hecho entre parejas del mismo sexo son "un derecho humano"
- ^ Template:Es Legislador peruano anuncia proyecto para legalizar uniones homosexuales
- ^ Template:Es Comisión de Justicia discutió la unión civil entre homosexuales
- ^ Template:Es Toledo hizo polémicas declaraciones sobre consumo de drogas y aborto
- ^ Template:Es Keiko difiere con Kenji sobre adopción de niños por parejas homosexuales
- ^ Template:Es Perú: aspirante izquierdista Ollanta Humala se suma a rechazo de iglesia a bodas gay
- ^ 10 thousand sign petition in favor of civil union for gay couples, Peru this Week, 2 April 2014
- ^ "Peru Compiles Signatures For LGBT Civil Unions". HuffPost. 10 April 2014.
- ^ Template:Es La unión civil y unión solidaria volverán a debatirse en agosto en Perú
- ^ Template:Es icon [2]
- ^ Template:Es ESTUDIO DE OPINIÓN PÚBLICA A NIVEL PERÚ URBANO - Informe de resultados - (5 al 9 de agosto de 2010)
- ^ Religion in Latin America Chapter 5: Social Attitudes
- ^ Religion in Latin America Appendix A: Methodology
External links
- Movimiento Homosexual de Lima (MHOL) - Gay and lesbian group established in 1982