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
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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).
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