Law (Law N.º 30947), of May 23, 2019, which guarantees the right “to enjoy the
highest possible level of mental health” “without any discrimination,” taking into
account the particular circumstances of each person and, in particular, those in
“vulnerable situations, special protection groups, persons who are at risk,
abandoned or unprotected and victims of violence.”
(viii) Regarding the appointment of a governing body for LGBTIQ+ equality, the State
argued that the Ministry of Women and Vulnerable Populations, as well as the
Ministry of Justice and Human Rights have carried out diligent work aimed at
protecting vulnerable groups in Peru, including the LGBTIQ+ population.
(ix) Regarding the ratification of the Inter-American Convention Against all Forms of
Discrimination and Intolerance, the State referred to the comments made in the
Commission’s fourth recommendation and indicated that a legislative initiative is
already underway to approve this instrument.
(x) Finally, regarding the need to implement an administrative procedure for the
recognition of the gender identity of trans people in line with the standards
established in Advisory Opinion OC-24/17, the State pointed out that the case in
question concerns an alleged act of discrimination based on sexual orientation, but
is not directly related to gender identity.
153. In relation to the first recommendation made by the Commission (supra para. 148)
and the fifth request for reparation made by the representatives (supra para. 149), this
Court positively appreciates the efforts made by the State in recent years to design and
implement public policies to promote respect for human rights in society. However, in
light of the violations declared in this judgment, the Court finds that it is necessary to
develop a specific public policy that expressly promotes respect for the rights of LGBTIQ+
people. To this end, the State must design and implement, within two years from
notification of this judgment, an annual information and awareness-raising campaign at
national level in the media, regarding the importance of promoting a culture of respect
and non-discrimination to guarantee the rights of LGBTIQ+ people in society. To this
end, the State must submit to the Court an annual report for five years following the
implementation of the first campaign.
154. With regard to the second recommendation made by the Commission (supra para.
148) and the first and second requests for reparation made by the representatives (supra
para. 149), the Court recalls that in the case of Azul Rojas Marín et al. v. Peru it ordered
the State of Peru “to create and implement, within two years, a training plan for agents
of the Peruvian National Police, the Public Prosecution Service, the Judiciary and the
serenazgo aimed at raising the awareness of members of the law enforcement agencies
and prosecutors with regard to: respect for sexual orientation and gender expression in
their actions involving civilians; due diligence in conducting investigations and judicial
proceedings related to discrimination, sexual violence and torture of LGBTI Q+ people;
and the discriminatory nature of stereotypes concerning sexual orientation and gender
expression and the negative impact that their use has on the LGBTIQ+ community.” 210
155. The Court considers, however, that this training plan is focused on cases of sexual
violence and torture directed against LGBTI persons, whereas the instant case relates to
210
Cf. Case of Azul Rojas Marín et al. v. Peru, supra, para. 248.
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