This paper explores the LGBT rights in Peru from 1991 to current times. The LGBTcommunity does not receive the legal rights nor protection they deserve in Peru. They livetheir daily lives in fear of what may happen to them just because of who they are and whothey love. Compared to the United States and other Latin American countries, Peru can bedescribed as worse or even better when it comes to the LGBT community. It is also knownthat a lot of this rejection towards the LGBT community comes from a religious viewpointsince Peru is mainly Catholic. The UDHR and the Peru Consitution are both large aspects inwhat makes up the rights the community has. However, there are many solutions to fixingthese issues.
Imagine waking up every day in fear. Afraid if today is the day you may be the one tobe physically or mentally harassed because of your sexuality. Afraid that because of who youare and who you love you may not come home that night the same person you left thatmorning or even come home at all. In this world, many people feel safe to be who they are;However, many do not. In Peru, being part of the LGBT community is viewed as a disgrace.
The community is shamed upon and they live their daily lives in fear of what may happen tothem because of their sexuality. Over time their rights have been slowly handed to them as ifit is a privilege, a privilege to be accepted for who they are. On the other hand, these rights donot mean anything if there is no one that can help uphold them. As hard as it may seem, Peruis not the only country in Latin America that feels that the LGBT community deserves thistype of reaction.
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Thankfully, like the United States, there are also Latin American countriesthat are extremely progressive in making the LGBT community feel welcome and safe.However, it takes more than acceptance from society, it takes changes in the legal system andpunishments to be implicated for society to really change. It is the people that make upsociety, all the people. Not just the ones we choose.In all of Latin America, nearly 600 people part of the LGBT community have diedfrom January 2013 to March 2014 (CNN Brocchetto 2017). Since then violence against thecommunity continues to grow with more extreme measures, especially in Peru.
Since 1993there are no legal protections for the LGBT community which has resulted in victims beingstoned, tortured and raped before they are killed and many of these crimes are being leftunpunished (CNN Brocchetto 2017). Most of the time, crimes even go unreported due to fearof skepticism from the justice system (CNN Brocchetto 2017). They are left hurt and alonewith no one to vouch for them. In a place they call home, they can not be free to be who theyare. One night a 26-year-old Peruvian gay man was arrested while he was on his way home just because of his sexual orientation; While he was detained for 6 hours, he was stripped,rapped with a baton and verbally abused (CNN Brocchetto 2017).
The people in the justicesystem that are meant to protect the people not only physically abused this man but mentallystripped him of his happiness and pride. It has been 9 years since the incident and still, no onewill listen to him; Even the authorities told the Organization of American States (OAS) thatthe man was falsely accusing the officers (CNN Brocchetto 2017). Incidents like this happenall the time in Peru to people of all age groups in the LGBT community. Research shows that71.8% of the total LGTB population in Peru is between 18 and 29 years old and theremaining 28.2% are aged 30 or more (Andina.pe Lima 2018).
Out of the respondents in theresearch, 11.5% of them are victimized at work by not receiving the pay they are promised,having to work absurd hours and receiving constant threats and/or being physically, verballyor sexually abused (Andina.pe Lima 2018). The LGBT community in Peru is in a constantbattle to feel safe no matter where they are.For such extreme measures to apply, one may wonder why it is so hard for Peru toaccept the LGBT community. One of the main reason is Religion. Peru is predominantlyCatholic and is an extremely conservative country. Due to this strict belief, the idea of beingpart of the LGBT community is viewed as a sin.
They believe G-d made us to fulfill the normof a man and women being together and creating a family. That it is the only right way tolove and to live. However, times have changed and there are movements in the process ofchanging this norm. The HRC Religion and Faith Program are working to create a world“where nobody is forced to choose between who they are, whom they love and what theybelieve” (HRC n.d/n.a). This is only the start of a new society.Since 1991, homosexuality in Peru has been legal (Equaldex n.a/n.d). Although it maybe legal, there are multiple restrictions as to what they can do. In 2006, same-sex marriage and civil unions were banned(Equaldex n.a/n.d).
This ban restricts members of the LGBTcommunity to share their life with someone they love, it is dehumanizing. As well as notbeing able to marry, they are also not allowed to adopt unless they are single (Equaldexn.a/n.d). Meaning, if you are part of the LGBT community and are in a relationship, you cannot adopt. However, if you are in a relationship but not part of the LGBT community, youcan adopt. The LGBT community is however allowed to donated blood, including MSM(men who have sex with men) (Equaldex n.a/n.d). It is very important that blood donationsare allowed because every drop counts.
There could never be enough blood donated due tothe fact it contributes to saving the lives of those in need of blood when going throughsurgery or even in life or death matters.In the United States of America, the LGBT community has become extremelyaccepted over the past few years compared to Peru. On June 26, 2015, the Supreme Courtlifted the ban on same-sex marriage and legalized it in all 50 states and since then teensuicide rates have drastically dropped (Gale Ryan 2017).
As well as marriage, same-sexadoption and gender change are legal (Equaldex n.a/n.d). In the US, the law is not the onlyaspect that is acceptive of the LGBT community. The people are slowly but surelyprogressing and realizing the community as a norm. There are many ways that the UnitedStates has helped progress and honor LGBT rights in the country such as, Parades that havebeen held since 1970 and support groups for the LGBT members as well as their families(EJUSA Namba n.d). Unlike the United States, Peru lacks this type of acceptance for thecommunity from not only the government but society as well.In other Latin American countries, LGBT rights do vary. Some are found to beextremely progressive while others are more conservative than Peru. Uruguay is one of themost progressive Latin American countries when it comes to LGBT rights.
Not only is homosexuality legal, but same-sex marriage and adoption are as well (Equaldex n.a/n.d).Gender change is also legal in Uruguay; However, you must be over the age of 12 to have thesurgery and change your legal documents (Equaldex n.a/n.d). Most importantly, they allowblood donations, including MSM. Bolivia, on the other hand, is a bit different from bothUruguay and Peru. Like Peru, it is legal to be homosexual and you must be single to adopt. Itdoes differ from Peru in the aspect that same-sex marriage is not illegal but it does gounrecognized.
However, like Uruguay, it is legal to change your gender. Bolivia also does notallow blood donations by MSM. The reasoning behind this is the myth that HIV comes fromMSM. Although studies show that these men remain at the highest risk for HIV (BMCSaaverda 2008) it is not fair to the thousands of lives that do not receive blood because thereis not enough. Countries are denying mass amounts of donations because of the idea thatMSM carries HIV instead of taking the blood and testing it for HIV.
In Chile, the LGBTrights are the same as Bolivia except they allow blood donations, including MSM, as well asallowing civil unions meaning they are allowed to coexist but without the title of marriage(Equaldex n.a/n.d).The United Declaration of Human Rights is a universal document that states basic andfundamental rights and freedoms that everyone is entitled to (Equalityhumanrights n.a 2018).Article 7 of the UDHR states “Right to equality before the law” (UDHR).
However, in Peru,the people are not treated equally before the law due to the LGBT community not having theright to marriage, adoption, gender change, conversion therapy nor equal protection. They arealso not treated equally at work by not receiving their proper pay because of the sexualorientation. Article 16 of the UDHR states “Right to marriage and family” (UDHR). In Peru,the right to marriage and family is taken from the LGBT community since it is illegal therefor them to marry as well as adopt when in a relationship. They are restricted from the idea of having a real, legal family because they are not like everyone else.
The Peru constitution-Article 5- does, however, contradict Article 16 of the UDHR because it states “The stableunion between a man and a woman, free of any impediment to matrimony, who establishes acommon-law marriage, creates community property subject to a marital assets regime, whereapplicable” (Peru Constitution). By this Article, they are implying that only man and womenare allowed to marry, unlike the UDHR which does not specifically say a man and womenare the only ones allowed to marry and have a family.When it comes to solving the discrimination against the LGBT community in Peru,there are multiple solutions. The first solution would be to adjust the Peru Constitution.Times have changed which means the people have changed. The constitution should work infavor of all the people, not the ones the justice system chooses to protect. Another solutionwould be to establish laws against hate crimes towards the LGBT community.
If laws toprotect them were put in place they would feel more comfortable expressing who they areknowing that anyone who threatens and harasses them would be punished. The last solutionwould be to work towards making the idea of the LGBT community more of a norm. Tomake this happen parades can take place, like in the United States, to honor them. As well asclubs and support groups to make sure that when they are going through hard times, theyhave each other to rely on. All a person wants no matter their race, gender, and sexualorientation are to be equal, and that is what they deserve. At the end of the day, we are allhuman. If change is wanted, it is time to work towards it.
References
- Teen Suicide Attempts in the U.S. Decreased After Same-Sex Marriage Was Legalized.(2017, February 21). Science of Us. Retrieved fromhttp://link.galegroup.com.ez.lib.jjay.cuny.edu/apps/doc/A481911546/ITOF?u=cuny_johnjay&sid=ITOF&xid=43abfb98UN
- General Assembly. (1948). Universal Declaration of Human Rights.United Nations, Paris, http://www.un.org/en/universal-declaration-human-rights/.
- Brocchetto, M. (2017, March 04). Being gay in Latin America: Legal but deadly. Retrievedfrom https://www.cnn.com/2017/02/26/americas/lgbt-rights-in-the-americas/index.htmlhttp://www.equaldex.com/region/peru
- Peru Government – Constitution, Flag, and Leaders.(n.d.)Andina, A. (2018, April 20). Peru: 70% of LGBT aged 18-29 are dependent workers.Retrieved fromhttps://andina.pe/ingles/noticia-peru-70-of-lgbt-aged-1829-are-dependent-workers-707420.aspx
- Human Rights Campaign. (n.d.). Explore: Religion & Faith. Retrieved fromhttps://www.hrc.org/explore/topic/religion-faith
- Jorge Saavedra, Jose Antonio Izazola-Licea, & Chris Beyrer. (2008, December 24). Sex between men in the context of HIV: The AIDS 2008 Jonathan Mann Memorial Lecture inhealth and human rights. Retrieved fromhttps://jiasociety.biomedcentral.com/articles/10.1186/1758-2652-11-9Namba, N. S. (Ed.). (2014). EJUSA. Retrieved fromhttps://photos.state.gov/libraries/amgov/30145/publications-english/1406_EJ_LGBT_Rights_In_America_Today_English.pdf
- POLITICAL CONSTITUTION OF PERU. (n.d.). Retrieved fromhttp://www.congreso.gob.pe/eng/constitution/
- What is the Universal Declaration of Human Rights? (2018, November 19). Retrieved fromhttps://www.equalityhumanrights.com/en/what-are-human-rights/what-universal-declaration-human-rights
