CAT/OP/PER/1/Add.1 32. For its part, the Ministry of Women and Vulnerable Groups has been developing services that provide care and protection to victims of gender -based violence, with the adoption under Directorate Decision No. 017 -2016MIMP/PNCVFS-DE of the “Guidelines for assisting LGBTI persons through the services of the National Programme to Combat Domestic Vi olence and Sexual Abuse of the Ministry of Women and Vulnerable Groups”, with the aim of standardizing approaches and methodologies to assist persons who are lesbian, gay, bisexual, transsexual or intersex through the services of the Ministry of Women and Vulnerable Groups that specialize in gender-based violence. 18 33. It is also important to note the creation of the Working Group to Promote the Rights of Gay, Transgender, Bisexual and Intersex Persons (Ministerial Decision No. 294-2016-MIMP), which is intended to act as a coordination mechanism between the Ministry of Women and Vulnerable Groups and civil society, to promote awareness-raising proposals aimed at society as a whole for combating discrimination against the gay, transgender, bisexual and intersex community and carry out activities for the protection of their fundamental rights and the promotion of the enjoyment of those rights, as well as for the development of proposals for inclusive public policy guidelines. 19 34. Previously, the Working Group to Promote the Rights of Lesbians 20 was established under Ministerial Decision No. 099-2016-MIMP, to eliminate the exclusion and discrimination experienced by lesbians and implement actions to promote and protect their rights. 35. It should be noted that under Legislative Decree No. 1323, sexual orientation and gender identity were prohibited as grounds for discrimination in the criminal definition of discrimination (art. 323 of the Criminal Code); 21 those factors were also regarded as aggravating circumstances of a crime (art. 46 (a) of the Criminal Code). 36. In addition, the National Commission against Discrimination was created 22 in order to carry out monitoring work and auditing, and to issue opinions and provide technical assistance to the executive branch of governme nt in the development of public policies, programmes, projects, action plans and strategies in the areas of equality and non-discrimination. 37. It is important to note that the Ministry of Justice has started drafting a new national human rights programme 2017-2021, which includes the LGBTI community as a group under special protection, to ensure that policies are designed and implemented in its favour and that it fully exercises its fundamental rights. 3.2 Prisons __________________ 18 19 20 21 22 V.17-05867 Directorate General against Gender-based Violence of the Ministry of Women and Vulnerable Groups, Official Letter No. 288-2016-MIMO/DGCVG of 14 September 2016, pp. 5-6. Ministry of Women and Vulnerable Groups, article 1 of Ministerial Decision No. 294 -2016MIMP, El Peruano (Official Gazette) (7 September 2016). Ministry of Women and Vulnerable Groups, article 1 of Ministerial Decision No. 099 -2016MIMP, El Peruano (Official Gazette) (22 April 2016). Executive branch of government, article 1 of Legislative Decree No. 1323, El Peruano (Official Gazette) (6 January 2017). On 12 May 2017, the Congress of the Republic submitted to the executive branch signed Legislative Decree No. 1323, which partially repeals article 1 and restores the validity of article 46 (2) (d) and article 323. Available from http://www2.congreso.gob.pe/Sicr/RelatAgenda/proapro20112016.nsf/ProyectosAprobadosPortal /737054A2FA9D2CB80525811E008056E6/$FILE/AU0 131920170512.pdf. That signature was witnessed by the executive branch on 2 June 2017. Available from http://www.leyes.congreso.gob.pe/Documentos/2016_2021/Observacion_a_la_Autografa/ OBAU0131920170602.pdf. Ministry of Justice and Human Rights, article 1 of Supreme Decree No. 015-2013-JUS, El Peruano (Official Gazette) (6 December 2013). 7/27

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