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Peru

Law No. 28983 of Equality of Opportunities Between Women and Men, Peru, 2007

Law 28983 aims to provide a general framework for enacting national policies and legislation that protects women’s right to equality and dignity, and prohibits discrimination in all spheres of life. The law provides that the executive branch shall adopt policies, plans and programs directed at preventing and eliminating violence against women. (Article 6c).

Law No. 30364, Law to Prevent, Penalize and Eradicate Violence Against Women and Family Group Members

The objective of Law No. 30364 is to prevent, eradicate, and penalize all forms of violence against women and family group members, especially those who are particularly vulnerable because of their age or physical attributes (e.g., children, adolescents, the elderly, and individuals with disabilities).

Law No. 30367, Law That Protects the Working Mother Against Arbitrary Termination and Extends Her Leave Period, Peru

Law No. 30367 modifies Article 29 of Legislative Decree No. 728, nullifying all employment terminations motivated by pregnancy, childbirth, or lactation if the termination occurs during the pregnancy or within 90 days of the child’s birth. An employer is presumed to have terminated the employee based on the employee’s pregnancy if the employer has no justification for the employee’s termination and was notified of the pregnancy.

Law No. 30709, Law that Prohibits Pay Discrimination Between Men and Women, Peru, 2017

The objective of Law No. 30709 is to prohibit pay discrimination between men and women who have the same type of job. The law requires companies to keep charts detailing job categories, operations, and applicable payment. It recognizes that an employer must guarantee dignified work and a nondiscriminatory work environment. It also specifies that employers must guarantee protection against sexual harassment.

Law No. 31030 Law Modifying Legislative Election Norms to Guarantee Gender Parity and Alternation in Lists of Candidates, Peru, 2020

Law 31030, enacted in 2020, provides that at least 50% of each party’s candidates for election to Congress must be women. For presidential elections, a party’s list of candidates must also include at least one woman. The law further provides that gender parity must also be observed in the number of candidates each political organization presents.

Law No. 31155 Law Prohibiting and Sanctioning Harassment of Women in Political Life

The objective of Law 31155 is to establish mechanisms to prevent, eliminate and sanction the harassment of women in political life to ensure that they can fully and freely exercise their political rights and have the right to equal opportunities. The law provides that compliance with those mechanisms shall be monitored and that the three branches of the national government shall adopt appropriate policies to enforce them.

Nullity Resource No. 626-2019 Lima, Peru, Permanent Criminal Chamber, Supreme Court of Justice of the Republic, 2019

The Superior Tribunal sentenced the defendant of attempted femicide to 11 years imprisonment, barred him from exercising his parental, guardianship, and conservatorship rights, barred him from contacting the victim and her family for five years, and fined him. The Supreme Court did not alter the civil penalty or no-contact order. Still, it annulled the order barring the defendant’s parental, guardianship, and conservatorship rights because that order was unrelated to the facts.

Peruvian Penal Code (Legislative Decree 635) Title I-A: Crimes Against Humanity Chapter I: Human Trafficking Article 129-A: Human Trafficking

Article 129-A of the Peruvian Penal Code prohibits the use of violence, threats, coercion, fraud, deception, abuse of power, or the receipt of any benefits in order to capture, transport, keep or retain another person with the intent to exploit them. The crime is punishable by 8 to 15 years imprisonment. When the crime is committed against a child, it is punishable even if the perpetrator did not use any of the prohibited means listed.

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