GENERAL PROVISIONS Article 1. Purpose of the Act
The object of this Act establish a regulatory framework that promotes equality and prevents discrimination based on sexual orientation and gender identity.
Article 2.
Definitions For the purposes of this Act mean:
1. Orientation sexual capacity of people to feel emotional attraction and sexual emotional one gender than your own, or the same gender or more than one genre, as well as the ability to maintain intimate relationships and sex with such people.
2. Gender identity: internal and individual experience of gender just as each person feels deeply that may or may not correspond with the sex assigned at birth, including the personal sense of the body (which may involve changing the appearance or function Media body through medical, surgical or otherwise, provided that it is freely chosen) and other expressions of gender, including dress, mode of speech and mannerisms.
3. LGBT people: People who define themselves as lesbians, transvestites, transgenders, homosexuals (gay) or bisexual.
4. Sexual orientation or gender identity includes any distinction, exclusion, restriction or preference based on sexual orientation or gender identity which has the purpose or effect of the nullification or impairment of equality before the law or the recognition or enjoyment or exercise on an equal footing, of rights and freedoms.
Article 3. Equality and non-
discrimination Everyone has the right to equality before the law. No one may be discriminated against, directly or indirectly, for their sexual orientation or gender identity.
Article 4. Self
The self of the person concerned is enough to establish their sexual orientation or gender identity.
Article 5. More favorable interpretation.
Equality is a principle that informs the entire legal system. Where there is doubt about the interpretation or application of a rule contained in this Act shall prevail interpretation most favorable to the protection of the rights of those discriminated against.
Article 6.
burden of proof for the victim of discrimination to provide prima facie evidence of the completion of the discriminatory act. Once established such evidence, corresponds to the respondent or defendant to prove that its action is not discriminatory. In these cases, should be assessed the reasonableness and proportionality of the measure.
RIGHTS AND FREEDOMS
Article 7. Linking with other fundamental rights
The right to equality and prohibition of discrimination based on sexual orientation and gender identity can enable the exercise of other rights.
Article 8. Right to privacy and the free development of personality
sexual orientation and gender identity as part of individual privacy and free development of personality. Everyone has the right to withhold their sexual orientation or gender identity. No one can reveal the sexual orientation or gender identity of a person without their consent.
Article 9. Freedom of information information
freedoms must be exercised respecting the privacy and dignity of LGBT people. The media promote self-regulatory mechanisms to prevent stigmatization in content on grounds of sexual orientation or gender identity.
Article 10. Right to education
1. Everyone has the right to education, regardless of sexual orientation or gender identity.
2. Discriminatory acts are expressly prohibited in the public or private educational level than those based on sexual orientation or gender identity: a.
Prevent or restrict access to public or private education. B.
Denied scholarships or any other benefit or incentive to stay in the education system. C.
Regulate or disciplinary sanctions. D.
Test scores decline. E.
Create or promote social stigma or sexual or moral harassment. F.
Encourage the person to interrupt their education.
3. The content, teaching methods or materials sought to correct the discriminatory attitudes of students and will encourage an inclusive environment in school.
4. Sexual orientation courses should be inclusive and not limited to heterosexual relationships study.
5. The public or private educational personnel can not require or encourage students to undergo medical treatment and / or psychological treatment to alter or modify their sexual orientation or gender identity.
article 11. Right to health
1. Everyone has the right to health, regardless of sexual orientation or gender identity.
2. Discriminatory acts are expressly prohibited in the area of \u200b\u200bpublic or private health who because of sexual orientation or gender identity: a.
Prevent or limit access to health services. B.
Prevent access to comprehensive health system and its benefits or limitations or restrictions on the recruitment of health insurance. C.
Apply for HIV screening test as a requirement for medical care. D.
Prohibit the donation of blood.
3. Protocols Physicians should be inclusive, taking into account sexual orientation and gender identity of the patient.
4. The policies of sexual and reproductive health must be inclusive, including different sexual orientations and gender identities.
5. Health personnel may not require or encourage patients to undergo medical treatment and / or psychological abuse in order to alter or modify their sexual orientation or gender identity.
Article 12. Right to work
1. Everyone has the right to work, regardless of sexual orientation or gender identity.
2. Discriminatory acts are expressly prohibited in the private or public workplace who because of sexual orientation or gender identity: a.
Restrict the supply of labor and employment, or prevent or restrict access, promotion or tenure in a job. B.
Establish differences in pay, allowances, commissions, job training, benefits and working conditions for equal work of equal value, duration and efficacy. C.
Create or promote stigma or sexual or moral harassment.
Article 13. Consumer rights
1. Everyone has the right to acquire, use or enjoy as a final target products and services governed solely by the free market rules, regardless of sexual orientation or gender identity.
2. The staff of an establishment open to the public can not deny entry to deny care or establish more stringent tariffs on the grounds of sexual orientation or gender identity of a person.
Article 14. Personal freedoms
1. Personal freedoms are guaranteed, regardless of sexual orientation or gender identity.
2. Are discriminatory acts that threaten those civil liberties grounds of sexual orientation or gender identity: a.
Stigmatize or prohibiting public displays of affection. B.
Restrict freedom of assembly. C.
Limit or restrict participation in public life. D.
People move involuntarily, the stop or limit their freedom of movement.
Article 15. Right to petition
1. Everyone has the right to petition, regardless of sexual orientation or gender identity.
2. Are discriminatory acts that violate the right to petition those who by reason of sexual orientation or gender identity: a.
Stigmatize petitioners, creating a hostile environment that encourages the removal or non-submission order. B.
Reject the receipt of applications or complaints. C.
Restrict access to justice and effective judicial protection. D.
Establish additional requirements to those established for recepcionar the petition or complaint.
Article 16. Right of access to public
1. Everyone has the right of access to the public on an equal footing, regardless of sexual orientation or gender identity. This right includes: a.
Log in or join the civil service. B.
Fully exercised. C.
Moving up the public. D.
Stay in the function public.
2. Armed Forces and National Police take the necessary measures to ensure compliance with this law among its members.
Article 17.
personal security Everyone has the right to personal security and protection of the State against violence or bodily harm inflicted by government officials or by any individual, regardless of sexual orientation or gender identity.
Article 18. Other rights
The enumeration of rights in this rule does not exclude others that the Constitution and international treaties guaranteed.
ADMINISTRATIVE RESPONSIBILITY CRIMINAL AND
Article 19. Administrative liability of public officials
1. Administrative disciplinary measures should be implemented according to law to public officials to discriminate against a limited run because of their sexual orientation or gender identity.
2. The public agency administrative responsibility to find a public official discrimination, should be criminally charged with violation of Article 323 of the Criminal Code.
Article 20.
shops closing commission of acts of discrimination by commercial result in a penalty seven to thirty days of closing. In cases of repeated or systematic practice order the permanent closure of the premises. In this case, the owner of the establishment can not obtain an operating license for another establishment in the span of one year. Municipalities are responsible for overseeing the provisions of this Article.
Article 21.
criminal responsibility discrimination based on sexual orientation and gender identity generates criminal responsibility in accordance with the provisions of Article 323 of the Penal Code.
ROLE FOR THE PROMOTION OF EQUALITY
Article 22. Staff training National Police Serenazgo
The executive conducts workshops and awareness training to police personnel about the problems of LGBT people. Similarly, municipalities that have serenazgo staff should bring out such training.
Article 23. Development plans
The executive branch, and regional governments and local governments, take into account the problems of LGBT people in the design and implementation of development plans.
Article 24. Follow
The Ombudsman will monitor the implementation of this law, reporting to Congress of the Republic, in its annual report, the status and progress achieved. FINAL PROVISIONS
First. Criminal Code Amendment
Amend Article 323 of the Penal Code, whose wording is the following:
"Article 323 .- Any person who, by himself or through others, discriminate against a person or persons or group of persons, or inciting in public or promote acts of discrimination, racial, religious, sexual, genetic factors, antecedents, age, disability, language, ethnic and cultural identity, gender identity, sexual orientation, clothing, opinion political or other opinion, or economic status, with the aim of nullifying or impairing the recognition, enjoyment or exercise of the rights of the person, shall be punished by imprisonment of not less than two years nor more than three or provision service to the community from sixty to Hundred and Twenty Days.
If the officer is an officer or public servant shall be not less than two nor more than four years and disqualification under clause 2) of Article 36.
The penalty of imprisonment shall be imposed if the discrimination has been materialized through acts of physical or mental violence. "
II. Repeal Deróguese
infringement MG.66 code established in Annex III of the Law N º 29356. Disciplinary Act of the National Police of Peru. Third
. Effective
This act shall take effect the day following its publication. ****
EXPLANATORY
One of the essential features of the constitutional rule of law is the effective recognition, respect and protection of fundamental rights of all citizens. However, in the case of the lesbian population, trans, gay and bisexual (LGBT) we see that their rights are often violated by private actors and by himself State.
A common element in these events is that it finds no violation of rights is making some, implicitly questioning the very existence of such rights. The report on the situation of human rights of lesbian, gay, bisexual and transgender in Peru [1] accounts for countless cases of violence against LGBT people, many of which can not be denounced by the difficulties placed by the state bodies receive such complaints. Similarly, this report describes other violations of fundamental rights is the common denominator that is the proceeds of rejection of sexual orientation or gender identity of the victims.
Our Constitution states that discrimination is prohibited on all kinds [2], the Constitutional Procedure Code indicates sexual orientation discrimination as a reason to file an injunction [3] and the Constitutional Court has recognized that sexual orientation and identity gender are part of the dignity of the individual [4]. Also, since the May 17, 1990 the World Health Organization excluded sexual orientation for Disease International Statistical laClasificación have been a number of international declarations on the same line. One of the most recent pronouncements is the General Assembly of the Organization of American States, which adopted a resolution condemning acts of violence against individuals because of their sexual orientation and gender identity [5].
However, these advances have not resulted in a paradigm shift in our society where LGBT people continues to be violated. The purpose of this bill is to help reverse this situation, making visible the situations of discrimination and violation of fundamental rights which LGBT people are victims and creating effective mechanisms to ensure the protection of their fundamental rights.
To this end, the bill begins to clarify concepts, defining what we mean by sexual orientation, gender identity, and discrimination LGBT people. The rule also seeks to overcome the major obstacles that will find any rule against discrimination, for which reversed the burden of proof and seeks the prevalence of the interpretation of the rules more favorable to the disadvantaged, then
, is made an effort to visualize the main expressions of sexual orientation and gender identity, indicating the fundamental rights involved. It is important to note that the rule clarifies that this is not an exhaustive list and does not exclude other rights that the Constitution and international treaties guaranteed. Finally, the rule provides administrative responsibilities, if any, and those who commit criminal acts of discrimination.
One aspect to be highlighted is that this proposal not only seeks to ensure adequate protection of the rights of LGBT people, but aims to generate a tool that serves to raise awareness and educate people about the rights LGBT people's basic. This effort should not be understood only as an act of vindication of a specific sector of the population but as an effort to achieve a more just and inclusive society.
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[1] Homosexual Movement of Lima. Lima, 2008.
[2] Article 2 of the Constitution of Peru.
[3] Article 37.1 of the Code of the Constitution.
[4] 2868-2004 STC-AA.
