Seksuele en genderminderheden

English

Peru is at a turning point ahead of the 2026 election. A decade of political instability, marked by frequent presidential changes and corruption scandals, has put democracy under strain and fuelled the rise of organised crime. Since 2021, a conservative bloc has dominated Congress, including the Renovación Popular party, which pursues a staunchly anti-gender agenda. The party provides a political platform for the conservative movement that has developed in the country in recent years. Conspiracy theories and homophobic messages are being spread on social media, which has led to a decline in support for LGBT rights. LGBT issues have received very little attention in recent public debate and during the election campaign in early 2026.  

Peru lags behind other countries in the region regarding the rights of sexual and gender minorities. Bills on same-sex marriage and civil partnerships have stalled in Congress so far. There is also no gender identity law. Trans people who wish to change their name or gender on identity documents must undergo an expensive, arduous and lengthy legal process to do so. Judges often require individuals to have undergone gender-affirming surgery. In 2024, the Boluarte government caused controversy when it classified transgender identities as mental health conditions in a presidential decree. In 2026, the Supreme Court declared the decree to be unconstitutional. During the period under review, Congress passed laws restricting LGBT rights, such as a ban on gender-neutral language in schools and a law prohibiting trans people from using toilets that correspond to their gender identity. Although Peru does not have a hate crime law, it does have a legal framework that protects against discrimination on the grounds of sexual orientation and gender identity. In practice, however, violence and discrimination against the LGBT community, motivated by prejudice, often go unpunished. At the end of 2025, three police officers were convicted of torturing a gay man who now lives as a trans woman. The verdict follows a landmark ruling by the Inter-American Court of Human Rights. In the past, the police have often been accused of intimidating and abusing LGBT people.

In a society with a deeply rooted macho culture, LGBT people face various forms of discrimination and violence. Despite a ban, conversion practices still take place in medical and religious contextsThere are few recent figures available on violence against sexual and gender minorities in Peru. In 2025, LGBT people living outside Lima and Callao reported higher levels of discrimination and violence. Trans women in particular are vulnerable to violent crime. In 2023, trans women working in the sex industry were targeted by organised crime groups for extortion and murder. Such murders decreased in 2024. Discrimination affects sexual and gender minorities in various areas. Within families, in the workplace and at school, they experience exclusion and hostility, leading to school dropout, high unemployment rates (particularly among trans people) and mental health problems. In terms of healthcare, trans people in particular face significant barriers. The implementation of a protocol for HIV treatment, hormone therapy and mental healthcare for trans women is proving difficult and remains largely unknown among the targeted group. Furthermore, hospitals often experience shortages of free HIV/AIDS medication that the state is required to provide. According to the director of the leading NGO Promsex, medicines intended specifically for the LGBT community are not prioritised.

Despite the growth in size and significance of Pride marches (with 40,000 participants in Lima in 2025), the local authorities in Lima are increasingly attempting to obstruct this event. LGBT+ activists are stigmatised and physically attacked. Furthermore, legislative reforms are hindering international funding for NGOs that support victims of human rights violations.

Policy

The policy implemented by the Commissioner General is based on a thorough analysis of accurate and up-to-date information on the general situation in the country of origin. This information is collated in a professional manner from various, objective sources, including the EUAA, the UNHCR, relevant international human rights organisations, non-governmental organisations, professional literature and coverage in the media. When determining policy, the Commissioner General does not only examine the COI Focuses written by Cedoca and published on this website, as these deal with just one aspect of the general situation in the country of origin. The fact that a COI Focus could be out-of-date does not mean that the policy that is being implemented by the Commissioner General is no longer up-to-date.

When assessing an application for asylum, the Commissioner General not only considers the actual situation in the country of origin at the moment of decision-making, he also takes into account the individual situation and personal circumstances of the applicant for international protection. Every asylum application is examined individually. An applicant must comprehensively demonstrate that he has a well-founded fear of persecution or that there is a clear personal risk of serious harm. He cannot, therefore, simply refer back to the general conditions in his country, but must also present concrete, credible and personal facts.

There is no policy paper for this country available on the website.

Land: 
Peru

From 12 June 2026, the CGRS will apply new EU rules for the asylum procedure, including mandatory recording of the personal interview, wider use of the accelerated procedure and revised rules on safe countries.

More information:
www.cgrs.be/en/changes-introduced-eu-asylum-and-migration-pact