Laws

PERU

Limited information only available for these topics

Access to Children
Adoption of Children
Age of Consent
Anti-Vilification
Artifical Insemination
Assisted Reproduction
Asylum / Refugees
Civil Unions
  Custody of Children
Discrimination
Fostering Children
Gender Identity
Harassment
Hate Crimes
HIV/Aids
  Homosexuality
Immigration
Inheritance
In Vitro Fertilisation (IVF)
Marriage
Military, Police
Partners
  Parenting
Police
Property
Sodomy
Transgender, Transsexual
Violence
Wrongful Death

Please read the Disclaimer

Age of Consent Legislation/Cases/References
1.

National

As of 05 April 2006, consensual sex between same-sex couples is lawful at eighteen (18) years [R1.3].

Peruvian Penal Code

Article 173 Rape of a minor

Whoever has access carnal vaginal, anal or oral or perform other similar acts by introducing objects or body parts for some of the primaries do roads, with a minor is punishable with imprisonment following:

If the victim is fourteen years of age and under eighteen, the penalty shall be not less than twenty-five year nor more than thirty years [R1.3].

Article 173 Violacion sexual de menor de edad

El que tiene accesso carnal por via vaginal, anal o bucal o realiza otros actos analogos introduciendo objectos o partes del cuerpo por alguna de las do primaras vias, con un menor de edad, será reprimido con las siguientes penas privativas de libertad:

3. Si la victima tiene entre catorce años de edad y menos de dieciocho, la pena será no menor de veinticinco no mayor de trenta años [R1.3].


On 23 June 2007, Congress voted 70–10 to lower the age from 17 [quaere] to 14 for participating in consensual sex [R1.2]. However on 27 June 2007, due to great controversy, the bill was 'reconsidered' or withdrawn [R1.1].

R1.3 Ley No. 28704 (in Spanish) PDF 999.57kb, 05 APR 06
R1.2 CTV News: Peru votes to lower age of consent to 14 23 JUN 07
R1.1 El Heraldo: Pleno reconsideró exoneración de segunda votación a proyecto sobre libertad sexual (in Spanish) 27 JUN 07
Civil Unions, Partners: Domestic, RegisteredLegislation/Cases/References
See also: [MARRIAGE]
1.

National

On 10 March 2015, the Congressional Justice and Human Rights Committee rejected 7-4 (two abstentions) the civil union bill proposed by congressman Carlos Bruce [R1.1].

R1.1 PeruvianTimes: Congress rejects civil union bill 11 MAR 15
Discrimination Legislation/Cases/References
See also: [MILITARY]
1.

National

In 2004, discrimination based on sexual orientation in employment and other areas was reportedly made unlawful [R1.1].

Previously

The national anti-discrimination law does not include "sexual orientation" [R1.2].

In April 2002, the Peruvian Congress embarked on a process of amending the national Constitution. Congressional debates began on September 12 and were expected to continue until October 3 [R1.2].

Seven lesbian, gay, bisexual and transgender non-governmental organizations created a coalition called FREDIF to promote the inclusion of "sexual orientation" as a category protected against discrimination in the new Peruvian Constitution [R1.2].

2.

Courts & Tribunals

On 10 December 2009, the Constitutional Court ruled that homosexuality was no impediment to joining the military or policy forces [R2.1].

R1.1 ILGA: LGBT world legal wrap up survey PDF 109.64kb, 22 NOV 06
R1.2 IGLHRC ERN 29: Push to Include Constitutional Anti-discrimination Provision 29 APR 02
R2.1 PromSex.org: Constitutional Court ordered the National Police receive student who was expelled for homosexuality 10 DEC 09

GayLawNet®™ "Exclusive" Sponsorship of this page IS available
Gender Identity, Intersex,
Transgender, Transexual

[?]
Legislation/Cases/References
1.

Courts & Tribunals

On 21 October 2016, the Constitutional Court ruled that being transsexual is not a disease and supported the right of gender identity. This means, transsexuals have the right to request the change of ''sex'' in their ID [C1.3], [R1.2].

On 07 March 2014, the Tribunal Constitucional was reported to have struck down 4-2 transgender woman P.E.'s request that she be allowed to change her gender from male to female on her national identity document [R1.1].

In 2012, Fiorella Cava and in 2011, Naamin Timoyco, both transgender women, were allowed to change their names and genders on their national identity documents [R1.1].

C1.3 Sentencia (in Spanish): Rodolfo Enrique Romero (Ana Romero Saldarriaga) v. Reniec and Others No. 06040-2015-PA/TC PDF 869.71kb 21 OCT 16
R1.2 PeruThisWeek: Supreme Court: ''being transsexual is not a disease'' 10 NOV 16
R1.1 PeruThisWeek: Peru rejects change of gender for transgender individuals on national identity document 07 MAY 14
Homosexuality, Sodomy Legislation/Cases/References
See also: [AGE OF CONSENT]
1.

National

In 1924, consensual sex between same-sex couples was lawful [R1.1].

R1.1 ILGA: State-Sponsored Homophobia PDF 382.87kb, 14 MAY 08
MarriageLegislation/Cases/References
1.

Courts & Tribunals

On 21 December 2016, the seventh Constitutional Court in Lima ordered the government to enter the marriage of professor Oscar Ugarteche Galarza and his Mexican husband Fidel Aroche Reyes on the register. The couple were married in Mexico [C1.2], [R1.1].

C1.2 Sentencia (in Spanish): Resolution Number 13 22863-2012-0-1801-JR-CL-08 PDF 238.02kb 21 DEC 16
R1.1 GayStarNews: Court orders Peru to recognize its first same-sex marriage 10 JAN 17
Military, Police Legislation/Cases/References
See also: [DISCRIMINATION]
1.

National

On 14 December 2012, the government amended Legislative Decree 1150 (approved 11 December 2012) on police conduct, forcing officers to retire if they were in a homosexual relationship that was damaging to the police force's image. The word 'homosexual' has been removed from the clause, which now refers to any and all sexual relationships “that cause a scandal and undermine the image of the institution” [R1.5].


In May 2009, Peru was planning to ban gays from joining the police, in an attempt to improve the reputation of the institution [R1.4].


In January 2007, police in Peru were reportedly conducting systematic attacks against gay and transgender peoples [R1.3].


In January and February 1996, National Police reportedly detained 600 people without explanation in a series of raids on gay discos in Lima [R1.2].


In 2004, openly gay, lesbian and bisexual persons were allowed to serve in the army [R1.1].

R1.5 Peruvian Times: Government Amends Anti-Gay Police Legislation 14 DEC 12
R1.4 PinkNews.co.uk: Peru bans gays from joining the police 14 MAY 09
R1.3 MCV: Peru Gay Bash Fears 11 JAN 07
R1.2 ILGA: Annual Report 1996 96
R1.1 ILGA: LGBT world legal wrap up survey PDF 109.64kb, 22 NOV 06

GayLawNet®™ "Exclusive" Sponsorship of this page IS available