of Legislative Decree No. 716, the Consumer Protection Law. The complainant included
as his main evidence: (i) his own testimony, (ii) the television report of August 17, 2004,
from the Reporte Semanal television program; and, (iii) another video of a report by the
“Panorama” program about a discriminatory incident committed in Supermercado Santa
Isabel against members of the Raíz Diversidad Sexual collective two days prior to the
incident involving Mr. Olivera Fuentes. 53
53. On October 20, 2004, Supermercados Peruanos S.A. responded to the complaint,
arguing that Mr. Olivera failed to prove the existence of an act of discrimination against
him. The company stated that its staff had asked Mr. Olivera and his partner to “respect
the rights of other customers to the quiet, peaceful and appropriate use of the facilities,”
due to the discomfort of other customers because of their behavior in front of their
children. According to the company, the purpose of the intervention was to ensure
“respect for morals and good manners” 54 and the best interests of the children who were
playing in the area adjacent to the tables of the supermarket cafeteria, 55 concluding that
the couple’s behavior - given the circumstances in which they found themselves - was
contrary to “public morality and decency.” 56 Furthermore, in its defense briefs,
Supermercados Peruanos S.A. attached letters of support in which customers expressed
their disapproval of the displays of affection shown by Mr. Olivera and his partner. 57
54. The company also included, as an annex to the evidence, an expert report by the
psychiatrist R.F. entitled “Medical-psychological report on the significance of limiting
public displays of erotic behavior between same-sex couples and its effect on children
who circumstantially witness such situation.” The report emphasized the “importance,”
for the “normal psychosexual development of children,” of a family environment
composed of “a father and a mother as a reference for their sexual identification and
understanding of complementary relationships between men and women.” 58 According
to the report, the effect on a child of “witnessing erotic scenes” consisting of “kissing,
hugging, and caresses” between a same-sex couple “varies according to the child’s age
and the degree of understanding that he or she may have of a given situation, but it will
never be neutral.” The report also warned that “erotic homosexual relationships” could
disrupt children’s understanding of “affective relationships between a man and a woman,
based on what they see in their own family,” causing them “insecurity and anguish.” 59
The report recommended that the CPC should, inter alia, “bear in mind the negative
tranquility of its customers or other objective and justified reasons.
Cf. Complaint filed by Crissthian M. Olivera Fuentes before the National Institute for the Defense of
the Consumer and Intellectual Property (INDECOPI), of October 1, 2004 (evidence file, folios 10 and 11).
54
Cf. Response to the complaint of Supermercados Peruanos S.A. of October 19, 2004, para. 9
(evidence file, folio 16).
55
Cf. Brief filed by Supermercados Peruanos S.A. on June 1, 2005 before the CPC of INDECOPI, p. 7
(evidence file, folio 1824); Brief filed by Supermercados Peruanos S.A. on August 2, 2005 before the CPC of
INDECOPI, pages 4 to 6 (evidence file, folios 1837 to 1839).
56
Cf. Response to the complaint of Supermercados Peruanos S.A. of October 19, 2004 (evidence file,
folio 16).
57
Cf. Letters signed by clients in support of Supermercados Peruanos S.A., undated (evidence file, folios
1852 to 1856).
58
Cf. Medical-psychological report prepared by Doctor R.F.A. before the Consumer Protection
Commission of INDECOPI, undated (evidence file, folio 1864 and 1865).
59
Cf. Medical-psychological report prepared by Doctor R.F.A. before the Consumer Protection
Commission of INDECOPI, undated (evidence file, folio 1864 and 1865).
53
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