procedures for the internal process to finalize the treaty. On November 19, 2017,
the Ministry of Foreign Affairs sent a request to the National Congress to proceed
with the review and approval of the treaty. On September 6, 2018, a “Draft
Legislative Resolution” was sent to Congress and is currently pending approval, in
accordance with the Peruvian legal system. To this effect, the State specified that
on August 17, 2021, it was decided that the Foreign Affairs Committee of the
National Congress would continue to process the aforementioned Convention.
152. In relation to the reparations requested by the representatives as guarantees of
non-repetition, the State indicated the following:
(i) Regarding the training of state agents on respect for sexual and gender diversity,
it indicated that the resolution of the dispute in the domestic courts did not reveal
the use of stereotypes and prejudices regarding sexual orientation and gender
expression by the Peruvian jurisdictional authorities. It also reiterated its
arguments regarding the Commission’s second recommendation.
(ii) Regarding the drafting of legal reasoning manuals on discrimination against
LGBTIQ+ people, the State highlighted certain documents prepared in the context
of the training programs imparted on the rights of LGBTIQ+ people. 209
(iii) Regarding the possible production of a video on discrimination against sexually
diverse people in Peru, the State noted that there is already extensive material
related to the protection of LGBTIQ+ rights in the area of public administration. It
added that the representatives did not duly substantiate the reason why they
consider the production and dissemination of such audiovisual material to be
indispensable.
(iv) Regarding the due diligence measures of companies, the State referred to its
arguments in relation to the Commission’s third recommendation.
(v) Regarding the development of a public policy to eliminate the stigma and
discrimination against LGBTIQ+ people, the State referred to its arguments
concerning the Commission’s first recommendation.
(vi) Regarding the compilation of data and statistics on discrimination against LGBTIQ+
consumers, the State referred to the training programs and other measures
adopted by the Peruvian State to eradicate all forms of discrimination against
LGBTIQ+ people, emphasizing that INDECOPI has developed a tool in the area of
consumer relations known as “Diagnosis on gender stereotypes in consumption
and advertising in Peru,” dated December 9, 2020.
(vii) Regarding the request for the implementation of a public policy on mental health
for LGBTIQ+ people, the State pointed out that it already has the Mental Health
209
Such as: a) Manual of Human Rights Applied to Police Work of August 18, 2018, issued by the Interior
Ministry; b) Book published by INDECOPI entitled “Una Mirada Global a la Discriminación en el Consumo.
Jurisprudence of INDECOPI,” published on March 9, 2020; c) Document entitled “Diagnosis on gender
stereotypes in consumption and advertising in Peru”, of December 9, 2020, prepared by INDECOPI, in its role
as the National Consumer Protection Authority, in strategic partnership with the United Nations Development
Program (UNDP) and the Ministry of Women and Vulnerable Populations (MIMP); d) Eight modules of the
training program on “Care and protection for victims of gender-based violence in the context of Law No. 30364
and related norms,” prepared by the National of School of Public Administration (ENAP) of SERVIR and the
MIMP, and e) Module on the “Legal framework of the right to a life free from violence and discrimination for
LGBTI people,” prepared by the Public Prosecutor’s Office for training its personnel.
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