Peru

Peru is one of the few countries in South America that does not legally recognize same-sex couples. Trans people can rectify the name and gender marker on their national identity card through the court, but the process is expensive, complicated, and can take many years. Since 2016, advocates for trans inclusion have been pushing for a law that allows this change to be made administratively, but these efforts have been blocked by conservative majorities in the legislature. Although Peru has a 2017 law explicitly banning discrimination based on sexual orientation and gender identity, violence and discrimination against LGBTIQ people persist, and cases of hate crimes often go unpunished. In April 2023, the Inter-American Court of Human Rights upheld a gay man’s rights to judicial protection and legal equality after he was subjected to discrimination by a private establishment. 

Public institutions also contribute to anti-LGBTIQ discrimination. In 2024, the Ministry of Health unexpectedly issued a decree classifying being transgender as a mental health disorder, a move that sparked widespread criticism from LGBTIQ activists and human rights organizations. In July 2025, following a legal challenge by activists, a constitutional court in Lima ruled that the decree was unconstitutional, recognizing its discriminatory nature. That ruling was later upheld unanimously, by a 5–0 vote, by the Supreme Court, bringing the case to a close.
Peru has recently adopted laws threatening the rights of sexual and gender minorities. In April 2025, Peru enacted the “Law that Strengthens the Right to Sexual Integrity of Children and Adolescents,” restricting access to public restrooms based on biological sex. In November 2025, the legislature approved the “New Law of Equal Opportunities between Women and Men,” which removes the concept of gender from public policy and replaces it with a framework focused strictly on “equal opportunities between women and men based on biological sex.” This law also eliminates comprehensive sexuality education in schools, substituting it with a “scientific, biological, and ethical” model that critics warn will restrict access to age-appropriate, inclusive sexual health education. 

LGBTIQ activists and individuals continue to exercise fundamental rights and freedoms in public spaces, including the rights to freedom of association, expression, and assembly. Pride marches have been organized in Peru every year since 2002, and the oldest Pride celebration on record in the country was in 1984. However, in April 2025, Congress passed a law requiring NGOs to report foreign funding and granting authorities broad discretion to revoke their registration based on ambiguous notions of “public order” or “security,” which may be weaponized against queer organizing.