different public and private spheres.” 103 According to this survey of LGBTI persons,
62.7% had been victims of violence or discrimination, and of these 17.7% said that they
had suffered sexual violence. 104 Only 4.4% of all those who had been attacked or
discriminated against had reported the fact to the authorities, and, of these, 27.5%
indicated that they had been treated badly and 24.4% said they had been treated very
badly in the place where they had filed a complaint. 105 In addition, the survey conducted
by the National Institute of Statistics and Informatics determined that “56.5% of LGBTI
people are afraid to express their sexual orientation and/or gender identity, the main
reason being the fear of discrimination and/or aggression (72%).” 106 According to
information cited by the Office of the Peruvian Ombudsman, “45% of those [surveyed
by the Ministry of Justice and Human Rights in 2013] believe that LGBTI+ people should
not teach in schools and 59% consider that they should not have the right to a civil
marriage.” 107 Also, data from the 2001 World Values Survey shows that 64.4% of those
surveyed considered that “homosexuality is never justified” and 49.2% indicated that
the neighbor they would least like to have is a homosexual neighbor; 108 in 2012, these
percentages decreased to 41.8% and 44%, respectively. 109
91. With regard to the rights that may be affected by this type of discrimination, the
Court has warned that sometimes the rights to life and/or personal integrity (as
happened, for example, in the cases of Azul Rojas Marín et al. v. Peru and Vicky
Hernández et al. v. Honduras) are undermined, along with the right to gender identity
and/or gender expression, as well as all other rights connected with these. 110
92. The Court has also indicated in other cases that recognition of sexual and gender
identity is protected by Articles 7 and 11(2) of the American Convention, since gender
and sexual identity are linked to the concept of liberty, the right to privacy and the right
103
Cf. Case of Azul Rojas Marín et al. v. Peru, supra, para. 47, and National Institute of Statistics and
Informatics,
First
Virtual
Survey
of
LGBTI
people,
2017,
page.
5.
Available
at:
https://www.inei.gob.pe/media/MenuRecursivo/boletines/lgbti.pdf
104
Cf. Case of Azul Rojas Marín et al. v. Peru, supra, para. 47, and National Institute of Statistics and
Informatics, First Virtual Survey of LGBTI people, 2017, pages 22 and 23. Available at:
https://www.inei.gob.pe/media/MenuRecursivo/boletines/lgbti.pdf
105
Cf. Case of Azul Rojas Marín et al. v. Peru, supra, para. 47, and National Institute of Statistics and
Informatics,
First
Virtual
Survey
of
LGBTI
people,
2017,
page
25.
Available
at:
https://www.inei.gob.pe/media/MenuRecursivo/boletines/lgbti.pdf
106
Cf. Case of Azul Rojas Marín et al. v. Peru, supra, para. 49, and National Institute of Statistics and
Informatics,
First
Virtual
Survey
of
LGBTI
people,
2017,
page
20.
Available
at:
https://www.inei.gob.pe/media/MenuRecursivo/boletines/lgbti.pdf
107
Cf. Case of Azul Rojas Marín et al. v. Peru, supra, para. 49, and Ombudsman’s Office of Peru, Human
Rights of LGBTI persons: Need for a public policy on equality in Peru, pages 16 and 17. Available at:
https://defensoria.gob.pe/modules/Downloads/informes/defensoriales/Report-175--derechos-humanos-depersonas-LGBTI.pdf
108
Cf. Case of Azul Rojas Marín et al. v. Peru, supra, para. 49, and Institute of Public Opinion, Attitudes
toward Homosexuality in Peru, February 2015, pages 18 and 19, citing the World Values Survey. Available at:
http://repositorio.pucp.edu.pe/index/bitstream/handle/123456789/47040/Cuadernos%20de%20investigaci
%C3%B3n%2011.pdf?sequence=4
109
Cf. Case of Azul Rojas Marín et al. v. Peru, supra, para. 49, and Institute of Public Opinion, Attitudes
toward Homosexuality in Peru, February 2015, pages 20 and 21, citing the World Values Survey. Available at:
http://repositorio.pucp.edu.pe/index/bitstream/handle/123456789/47040/Cuadernos%20de%20investigaci
%C3%B3n%2011.pdf?sequence=4
110
Cf. Advisory Opinion OC-24/17, supra, paras. 113 and 114, and Case of Vicky Hernández et al. v.
Honduras, supra, para. 119.
30