The recognition of gender identity remains a challenge in Peru. A decree has sparked controversy by perpetuating the stigmatization of the trans community, limiting their access to fundamental rights.
Denied Rights in Latin America
In the streets of Lima, the echoes of protests resonate strongly. Rainbow flags wave alongside signs demanding justice and recognition. It is not only the LGBTI community raising their voices; human rights organizations, feminist collectives, and concerned citizens have joined the criticism against the Supreme Decree that, until recently, classified trans gender identity as a mental health issue.
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Although the Ministry of Health issued a statement denying any discriminatory intent, activists argue that the problem persists. The regulation has neither been eliminated nor modified, continuing to affect the rights of trans people in Peru.
Peru: A Struggle for the Legal Recognition of Gender Identity
Leyla Huertas, representative of the Féminas Collective, highlights the lack of progress in repealing the decree. «What we have been fighting for since last year is to prevent the issuance of a new decree that continues to pathologize trans people. However, it has not even been reviewed by the Ministry of Economy,» explains Huertas.
According to the activist, the legal recognition of gender identity is key to ensuring access to fundamental rights such as education, health, and employment. However, bureaucratic processes and a lack of political will continue to hinder these advances.
A Decree Based on an Obsolete Classification
The Peruvian government argues that the classification was based on the ICD-10, a standard from the World Health Organization (WHO) in effect until 2022. However, since that year, the ICD-11 no longer considers gender identity a mental disorder. This discrepancy is not just a technicality but a form of stigmatization that violates the rights of the trans community.
Discrimination and Violence: A Daily Reality
The trans community in Peru continues to face structural discrimination. «To this day, trans people are still seen as mentally ill,» Huertas denounces. The activist criticizes the terminology used in regulations, such as «gender incongruence,» as it reinforces a binary system that excludes their identity.
Dr. Percy Castillo, a human rights lawyer, warns that the lack of legal recognition has severe consequences. «Trans people can suffer violence, workplace and educational discrimination, and restricted access to public services,» he notes. Although Peru has signed international human rights commitments, the reality remains concerning.
The Path to Equality
As the trans community in Peru and its allies continue demanding change, pressure on the government is mounting. However, the lack of concrete action keeps thousands of people in a vulnerable situation.
