International LGBTIQ+ Pride Day

By: Walter Suni, BDO Partner | Andrés Fassioli, Legal Supervisor


June 28 marks International LGBTIQ+ Pride Day, a date that aims, among other things, to raise awareness and foster understanding in society of the need to respect and recognize the rights of this community. In light of this occasion, it is worth asking: how is equality for the members of this community protected in our society?

Below, we outline the key constitutional and legal provisions that govern such protection:

Constitutional Framework

The Political Constitution of Peru provides the fundamental basis for protecting individuals and prohibiting discrimination in our society. It expressly regulates the right to equality and prohibits discrimination on the grounds of origin, race, sex, language, religion, opinion, economic status, or any other characteristic.

The broad language of this provision makes it clear that all forms of discrimination, including discrimination based on sexual orientation, gender identity, or other similar grounds, are likewise prohibited.

Legal Framework

As noted above, the Constitution provides the necessary protection for the rights of the LGBTIQ+ community. In addition, several provisions expressly prohibit discrimination and promote respect and equality. Some of such legal provisions are described below:
 

· Prohibition of Discrimination in Job Advertisements

Law No. 26772 sets out that job advertisements may not include requirements that discriminate against applicants or undermine equal opportunity or equal treatment.

Like the Constitution, this law adopts a broad approach with respect to discrimination scenarios. In other words, discrimination may be understood to include unequal treatment in access to employment based on, among other things, sexual orientation or gender identity.
 

· Protection Against Sexual Harassment

Law No. 27942 and its Regulations, which govern the prevention and punishment of sexual harassment, expressly protect the members of the LGBTIQ+ community through the Principles and Approaches that govern all actions related to sexual harassment:

  • Principle of equality and non-discrimination based on gender: In all activities aimed at preventing and punishing sexual harassment, any conduct that differentiates, excludes, or restricts rights based on gender identity or sexual orientation will not be acceptable.
  • Gender-Based Approach: The sexual harassment prevention initiatives implemented by companies must contribute to eliminating all forms of gender-based violence, including violence related to sexual orientation, gender identity, and other factors.
 
· Occupational Safety and Health Protection

Occupational Safety and Health regulations also play a role in protecting the LGBTIQ+ community. Although these regulations do not contain provisions specifically addressing this group, they require employers to prevent discrimination, sexual harassment, and other forms of workplace harassment, as these are recognized as psychosocial risk factors.

 

· Job Stability Protection

Pursuant to the General Labor Regime applicable to the Private Sector in Peru, a dismissal is deemed null and void if it is based on discriminatory grounds, including sex, race, religion, opinion, language, disability, or any other reason. In such cases, affected employees retain the right to seek reinstatement or to claim compensation for wrongful dismissal.

Given that the law refers broadly to "any other reason", its protections extend to discrimination scenarios based on sexual orientation and gender identity.
 

· Protection in Public Establishments

Consumer protection legislation and various municipal ordinances require commercial establishments to promote equality and prohibit discrimination by displaying notices stating, "Discrimination is prohibited in this establishment." These notices are intended to ensure that no person is denied access, treated differently, or otherwise discriminated against for any unjustified reason, including sexual orientation or gender identity.

As can be seen, businesses are subject to a number of legal obligations aimed at preventing discrimination. However, meaningful change ultimately depends on a social and cultural transformation. The effectiveness of these protections and the recognition of equal rights cannot rely solely on legislation or the implementation of corporate policies; these rather require society as a whole to become aware of these issues and cease engaging in discriminatory acts.

Achieving peaceful and just coexistence, one that recognizes equal rights and opportunities for all, is a shared responsibility. Accordingly, ensuring the full protection of the LGBTIQ+ community requires continued efforts to promote empathy, mutual respect, and anti-discrimination practices, embedding these principles into our everyday culture.

At BDO Servicios Legales y Laborales S.A.C., our team of labor law specialists provides legal advisory to help organizations prevent labor contingencies.

For more information or assistance, please contact us via email at servicioslegales@bdo.com.pe.

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