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Labor Appeal No. 11874-2018 Huánuco, Second Transitory Chamber of Constitutional and Social Law of the Supreme Court of Justice of the Republic, Peru, 2019

An employee alleged that her employer fired her because she was pregnant. The employer sought an annulment of the previous decisions. The Supreme Court rejected the employer’s request, acknowledging that although the law requires an employee to notify an employer of their pregnancy in writing, this requirement is not enforceable when the pregnancy is physically evident. The plaintiff sought nullification of her termination under Article 29(e) of the Legislative Decree No. 728, which renders employee terminations based on pregnancy null.

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.

Exp. No. 03378-2019-PA/TC, Constitutional Tribunal, Peru, 2020

In Exp. No. 03378-2019-PA/TC, the petitioner sought to annul a family court decision, upheld on appeal, which granted protective measures to the petitioner’s partner after she accused him of committing psychological violence against her. The Constitutional Tribunal (the “Tribunal”) explained that the petitioner’s fundamental rights to be heard and to defend himself were not absolute but were limited by the victim’s right to live a life free of violence.

Exp. No. 01479-2018-PA/TC, Constitutional Tribunal, Peru, 2019

The appellant brought a constitutional grievance appeal against the resolution issued by the Second Civil Chamber of the Superior Court of Justice of Lima regarding the prosecutorial decisions made in her underlying rape case. The Constitutional Tribunal (the “Tribunal”) concluded that the internal-control offices’ dispositions did not sufficiently explain why an investigation against the local prosecutor was not pursued.

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.

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. 27240 Law Granting Permission for Breastfeeding, Law that Equates the Permissible Period for a Working Mother’s Breastfeeding Leave, Law No. 28731 Law that Extends the Duration for Permitted Breastfeeding 2006

Law No. 27240 requires employers to provide working mothers a one-hour daily break for breastfeeding. The law states that an employee cannot exchange this benefit for another benefit or compensation and that the employer and employee can agree on the breastfeeding schedule. The law initially granted this right to working mothers until the child reached six months old. In 2001, Law No.

Law No. 27942 Prevention and Punishment of Sexual Harassment Law, Peru, 2003 and Law No. 29430 Law That Modifies Law No. 27942 Prevention and Punishment of Sexual Harassment Law, Peru, 2009

The objective of Law No. 27942 is to prevent and penalize sexual harassment that arises from relationships of authority or dependency. The statute applies to public and private workplaces, educational institutions, police and military institutions, and relationships that are unregulated by labor law. In 2009, Law No.

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