CIVICUS discusses LGBTQI+ rights in Peru with Rodrigo Flores Castro, clinical psychologist and coordinator of the Mental Health Committee of Más Igualdad (‘More Equality’), a Peruvian intersectional feminist organisation that advocates for recognition of LGBTQI+ rights.
Recent government measures threaten to worsen the situation of Peruvian LGBTQI+ people, and particularly transgender people, who have no legislation to protect them. In May 2024, the Ministry of Health revived an outdated version of the World Health Organization’s classification system, which considers transgender identity to be a mental health problem. LGBTQI+ activists have mobilised against the decree, which perpetuates discrimination and could encourage unacceptable practices such as so-called ‘conversion therapies’, which the United Nations considers a form of torture.
What’s the status of LGBTQI+ rights in Peru?
The situation of LGBTQI+ people is precarious. There is no law that recognises and guarantees their rights. This is particularly serious for trans people. There’s no gender identity law to allow them to change their documents through an administrative process. Instead, they have to go through a costly and stressful legal process, often facing humiliating and discriminatory treatment from judges. This leaves them in a position of vulnerability, because not having documents that reflect their identity affects their access to employment, education and health services.
In addition, there is no law criminalising hate crimes motivated by sexual orientation or gender identity. Same-sex marriage has not been legalised, and although civil unions have been proposed as an alternative, no consensus has been reached yet for their adoption.
Some limited legal progress has been made, such as the inclusion of non-discrimination in some municipal regulations, but the specific needs of LGBTQI+ people have not been addressed. On the contrary, there have been regressive trends in recent years. Conservative groups represented in Congress are trying to reverse the little progress that has been made and prevent further change. Using arguments based on disinformation and prejudice, they oppose gender mainstreaming in the school curriculum and comprehensive sex education.
What does the recent ministerial decree say about LGBTQI+ people and what consequences could it have?
On 10 May, the Ministry of Health published a supreme decree updating the Essential Health Insurance Plan, a list of all health conditions, medicines and procedures that insurers are obliged to cover. In relation to LGBTQI+ people, the decree uses some derogatory and compulsory diagnostic categories, such as transsexualism, gender identity disorder and egodystonic homosexuality. Classifying sexually diverse people as mentally ill is an attack on their dignity.
According to the government, the inclusion of references to sexual diversity was intended to ensure access to health services for LGBTQI+ people, particularly trans people. Even if this were the case, its implementation would have huge negative consequences. It would normalise discrimination and increase hate speech. There have already been complaints from trans people who have been harassed or discriminated against at work as a result of this regulation.
This regulation also opens the door to dangerous practices such as ‘conversion therapy’, which already exists in Peru. A study conducted in 2018-2019 found that around 40 per cent of respondents had been subjected to these practices, often when they were minors. By classifying sexually diverse people as mentally ill, the state sends the message that they need to be fixed, thus enabling these degrading practices.
In addition, the new regulations increase LGBTQI+ people’s distrust of health institutions and the state in general. Many may be forced to choose between their physical health and their emotional wellbeing. This is a situation that needs to be addressed urgently.
How have LGBTQI+ activists responded?
LGBTQI+ rights organisations have responded in a variety of ways. Since the news broke, several organisations have organised themselves and created a national coordinated response to deliver a unified message to the government. They have written a letter, requested a meeting with the Ministry of Health and held protests to demand the repeal of the decree.
The government has insisted that the decree is intended to guarantee LGBTQI+ people’s access to health services and treatment, and has also argued it will take time to implement a version of the list in line with the current version of the World Health Organization’s International Classification of Diseases. In recent days, however, the Ministry of Health has met with professional associations of doctors and psychologists and is expected to present a new proposal with some alternatives.
How is your organisation trying to encourage recognition of rights?
Our organisation, Más Igualdad, works on all the main issues of the LGBTQI+ agenda in Peru. These include the legal and social recognition of gender identity, the promotion of equal marriage, the elimination of discrimination and violence based on sexual orientation and gender identity and non-discriminatory access to mental health services and medical care. Underlying all this is the quest for equality, dignity and respect for LGBTQI+ people.
We carry out a range of actions to contribute to the advancement of the rights of LGBTQI+ people and bring about positive change in society. We run campaigns to raise awareness and promote acceptance and respect for sexual and gender diversity. We participate in citizen dialogues, encourage political participation of LGBTQI+ people and their allies and advocate to influence the formulation of laws and policies that protect their rights. We provide advice, guidance and counselling services to LGBTQI+ people, offering safe spaces where they can express themselves freely and receive the support they need. We also provide education and training on sexual and gender diversity to professionals in various sectors, promoting inclusive and non-discriminatory care in areas such as education, health and work.
Through these actions and working with other civil society organisations, we aim to build a more inclusive, egalitarian and respectful society where all people, regardless of their sexual orientation or gender identity, can live free from discrimination and violence.
Civic space in Peru is rated ‘obstructed’ by the CIVICUS Monitor.
Get in touch with Más Igualdad through its website or their Facebook and Instagram pages, and follow @masigualdadpe and @roflo90 on Twitter.
