Skip to main content

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.

Peruvian Penal Code (Legislative Decree 635) Title I: Crimes Against Life, Body, and Health Chapter III: Injuries, Article 122-B: Aggression Against Women or Family Members

Peruvian Penal Code Title I: Crimes Against Life, Body, and Health, Chapter III: Injuries, Article 122-B: Aggression Against Women or Family Members, prohibits causing bodily injuries that require less than 10 days of medical assistance, or causing any psychological “affectation” that does not qualify as psychological damage, to a woman due to her status as such. The crime is punishable by 1 to 3 years imprisonment and disqualification from professional or other positions.

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. 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. 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. 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).

Bouton c. France, requête n° 22636/19, CEDH, 2023. Bouton v. France Application No. 22636/19 (on freedom of political expression)

In the case of Bouton v. France, the applicant, a feminist activist who was a member of Femen, was convicted and given a one-month suspended prison sentence (i.e. with probation) for staging a topless protest in a church in December 2013, exposing her breasts with slogans daubed over them, as part of an international action against the Catholic Church’s position on abortion. She was also ordered to pay the parish representative 2,000 euros (EUR) in respect of non-pecuniary damages and to pay EUR 1,500 towards the other party’s costs.

Drelon c. France, requêtes nos 3153/16 et 27758/18, CEDH, 2022. (on the right to privacy of blood donors)

In the ECHR Case Drelon v. France, European Court of Human Rights (ECHR) has ruled on the case of a blood donor in France who refused to answer questions about his sex life, resulting in his exclusion from donation on the grounds of a factor of ineligibility associated with homosexuality. The ECHR ruled that the collection and storage of personal data by the Établissement Français du Sang, based on speculation and lacking any proven factual basis, was a violation of the right to privacy under Article 8 of the European Convention on Human Rights.

Tribunal Judiciaire de Lille, 21 février 2022, n° RG 21/01638 Judicial Court of Lille, 21 February 2022, No. RG 21/01638 (Insurance Covering Gender Affirmation Surgery)

In March 2021, a young transgender woman submitted a request for reimbursement for her bilateral mastoplasty, prescribed by her GP as part of her gender affirmation, which began in 2016. Although this procedure is listed in the French social security grid and should be reimbursed by the health insurance scheme, the medical officer of the Roubaix-Tourcoing primary health insurance fund issued an unfavorable opinion on 29 March 2021.

Subscribe to