LGBT rights in Peru

Legality of same-sex sexual activity

The age of consent in Peru has changed several times during recent years, and has been subject to political debates, but today it is fixed at 14, regardless of gender and/or sexual orientation, in accordance with a 2012 decision of the Constitutional Court of Peru.

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. However, 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.

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, but neither of them won. The winner of the election, Ollanta Humala, has stated that he opposes legal recognition for same-sex couples. On April 2014, legislator Carlos Bruce received a petition signed by 10 thousand people in favor of allowing civil unions for same-sex couples. 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 7 April 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. 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, though the debate was eventually postponed once more.

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 2015. On 10 March, Bruce's civil union bill was rejected on a vote of 7-4 with 2 abstentions and 2 absences in the Justice Committee. One senator called for Congress to reconsider the bill and the motion was scheduled for a vote on 17 March, but the meeting was suspended due to a lack of attendance by senators. Also on the agenda was an alternate proposal called a solidary union which was scheduled for a vote within two weeks, though the meeting never materialised. On 14 April 2015, the bill was officially shelved by the Justice Committee after receiving only two votes in favor of its reconsideration.

Congressmen Carlos Bruce and Alberto de Belaunde, from the center-right party Peruvians for Change, reintroduced a civil union bill in Congress in late November 2016. The bill bears the signatures of various politicians, namely Gino Costa, Sergio Dávila, Vicente Zeballos, Ana María Choquehuanca, Guido Lombardi, Janet Sánchez Alva, Juan Sheput and Vice President Mercedes Aráoz. President Pedro Pablo Kuczynski announced his support of same-sex civil unions during his presidential campaign.

On 14 February 2017, a bill legalizing same-sex marriage was introduced in the Peruvian Congress. The bill is sponsored by Indira Huilca, Marisa Glave, Tania Pariona, Alberto Quintanilla, Manuel Dammert, Horacio Zeballos, Marco Arana and Edgar Ochoa from the Broad Front and Alberto de Belaunde, Guido Lombardi and Carlos Bruce from the Peruvians for Change. Mrs Huilca said that the legislation was not about "creating ad hoc legal recognition" for same-sex couples but to extend equal rights. "Neither more nor less than that." The proposal seeks to alter Article 234 of the Civil Code to define marriage as "the union voluntarily agreed upon by two persons legally able to do so".

Recognition of marriages performed abroad

On 16 September 2016, the Registry Tribunal of the National Registry of Identification and Civil Status (RENIEC) ruled in favor of a same-sex couple married abroad, considering that same-sex marriage does not contravene international law and order. The couple, married in Belgium, sought to register property they purchased in the country. However, the public registrar refused. On 3 February, the court determined that the applicable law in this case was Belgian law and not Peruvian law. As such, it ruled that the couple can purchase and register property in Peru. The public registrar again refused, saying that although in this case the marriage had been contracted under Belgian law, this contravened international law and order under international treaties signed by Peru. In September, the court ruled that the marriage could not be incompatible with international public order because same-sex marriage is allowed in many countries and again ruled that Peruvian law was not applicable to the case because it is a marriage governed under the laws of Belgium. As a result, same-sex couples who have married in a foreign country will have no problems in registering property they purchased in Peru and have their economic rights recognized.

In a ruling published on 9 January 2017, the 7th Constitutional Court of Lima ordered the RENIEC to recognize and register the marriage of a same-sex couple, Oscar Ugarteche and Fidel Aroche, who had previously wed in Mexico City. Ugarteche is the founder of the Homosexual Movement of Lima, a Peruvian LGBT advocacy group that was founded in 1982. The court ruled that not recognizing same-sex marriages performed in other countries would be highly discriminatory and contrary to both the Peruvian Constitution and many international provisions. The court found that the only reason upon which the marriage was not recognized was because it was concluded between persons of the same sex, and that argument is not reasonable and objective. Additionally, it cited many international precedents, including Atala Riffo and Daughters v. Chile and Obergefell v. Hodges. RENIEC has stated it will appeal the ruling, therefore the Superior Court of Justice of Lima will review the case.

Discrimination protections and hate crime laws

Peru's Constitution Art. 2.2 stipulates that 'Every person has the right to equality before the law. No person shall be discriminated against on the basis of origin, race, sex, language, opinion, economic status, or any other distinguishing feature'. Sexual orientation and gender identity can be included under 'any other distinguishing feature', but are not explicitly mentioned.

Nevertheless, since May 2004, the Constitutional Procedure Code (Law 28.237) expressly provides that the writ of amparo, a constitutional guarantee to protect people from the threat or violation of the rights recognized in the Constitution, can be used in the case of discrimination based on sexual orientation.

In July 2013, Congress voted down, 56-27 with 18 abstentions, a bill to amend Peru's hate crime laws to include sexual orientation and gender identity.

As of February 2016, a new Penal Code has been drafted and is pending within the Justice and Human Rights Committee. It would establish explicit protection to LGBT people against discrimination, persecution and incitement to hatred.

To break the political deadlock within Congress, a governmental decree adding the terms sexual orientation and gender identity to existing hate crime and anti-discrimination laws was published in the country's official gazette with the new Penal Code coming into effect on 7 January 2017.

Gender identity and expression

Transgender people are allowed to change their name, so that it matches their gender identity, following sex reassignment surgery. In May 2014, the Peruvian Constitutional Court ruled that a transgender woman could not change her gender on her national identity document.

On 4 November 2016, a bill allowing transgender people to legally change their gender without the need for surgery was introduced in the Peruvian Congress. It bill also seeks to allow transgender people access to passports and other identity documents which match their gender identity.

On 21 October 2016, the Constitutional Court of Peru reversed its 2014 decision, in which the court had determined that sex could only be biological and chromosomal. In this new ruling, published on 8 November, the court acknowledged that people are not only defined by their biological sex, but one must also take into consideration their psychic and social reality. Therefore, the court now recognizes the right of transgender persons to their gender identity. With this decision, transgender people in Peru may apply for a gender change before a judge without the need for sex reassignment surgery. Judges Manuel Miranda Canales, Marianella Ledesma Narváez, Carlos Ramos Núñez and Eloy Espinosa-Saldaña Barrera were part of the majority.

Military service

Until 2009, military and police personnel, who engaged in same-sex sexual activity, could be punished with between 60 days to 20 years imprisonment or discharge from the forces. However, in December 2009, the Constitutional Court of Peru ruled that homosexual or bisexual orientation or engaging in homosexual sex cannot be an impediment to membership of the police forces and the military.

Blood donation

There is no official prohibition on gay and bi men donating blood in Peru.

Public opinion

In August 2010, a poll revealed 21.3% of Peruvians approved of same-sex marriage, with higher percentage amongst people from Lima and younger people.

According to Pew Research Center survey, conducted between 13 November and 16 December 2013, 26% of Peruvians supported same-sex marriage, 65% were opposed.

An ILGA poll carried out between 18 April and 20 June 2014 showed that 29% of the Peruvian population support same-sex marriage, 53% oppose.

In May 2015, PlanetRomeo, a LGBT social network, published its first Gay Happiness Index (GHI). Gay men from over 120 countries were asked about how they feel about society’s view on homosexuality, how do they experience the way they are treated by other people and how satisfied are they with their lives. Peru was ranked 56th with a GHI score of 44.