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Peru

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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.

Lori Berenson-Mejía v. Peru

The IACHR submitted an application to the Court to determine whether Peru violated Articles 1(1), 5, 8 and 9 of the American Convention on Human Rights to the detriment of Berenson-Mejia in relation to proceedings that took place against her before both military and civil courts, as well as to the inhumane conditions of detention to which she was subjected.

María Elena Loayza-Tamayo v. Peru

Loayza-Tamayo was detained by the National Counter-Terrorism Bureau ("DINCOTE"). While detained, she was threatened with torture and was repeatedly raped in an effort to force her to confess to belonging to the Peruvian Communist Party ("Shining Path").  She was charged and found guilty of treason and was held in solitary confinement. She filed a complaint with the Inter-American Commission of Human Rights, alleging numerous human rights violations and requesting her release. The Commission, unable to reach a decision, submitted the case to the Inter-American Court.

Miguel Castro-Castro Prison v. Peru

Approximately 135 female prison inmates (along with about 450 male inmates) were subjected to violent attacks by guards and other state agents over the course of three days at the Castro-Castro maximum security prison. Some female inmates were humiliated, stripped-down and subjected to further physical and psychological abuse. Many inmates were held in solitary confinement, were denied medical care, and were kept from communicating with their families or their attorneys.

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.

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