Outright International Joins Legal Battle to Protect Transgender Rights in Peru

In response to this unjust decree, Outright International has filed an amicus brief at the Superior Court of Justice of Lima, supporting transgender citizen Fara Zamudio Santos in seeking the decree's annulment. The brief was based, in part, on pro bono research provided by Dechert LLP and Womble Bond Dickinson LLP. It argues that the annulment of the decree is crucial in protecting the rights of all citizens in Peru, regardless of their gender identity or sexual orientation.

“The courtroom is vital in safeguarding the rights of all individuals, especially trans people and others who experience legal and social marginalization. This case is essential to strengthen public trust in the justice system's ability to protect the rights of all citizens in Peru, regardless of their gender identity or sexual orientation," said Alberto de Belaunde, Co-Director of Queer Legal Futures for Outright International. 

The decree violates the right to personal autonomy, which ensures that all individuals can define and live their gender identity without interference. This is guaranteed in the American Convention on Human Rights, which Peru is legally bound to uphold. Declaring transgender and gender-diverse identities as mental disorders, the decree not only denies full recognition but also contravenes human rights advancements and the position of the World Health Organization (WHO), which removed these diagnoses from its International Classification of Diseases 11th Revision (ICD-11), affirming that they do not represent conditions of poor mental health.

“This case powerfully sends a message to the world: while Peru has made significant strides with important judicial rulings recognizing the right to identity for transgender persons, those advancements must never be taken for granted. LGBTIQ individuals deserve to experience these protections in their everyday lives,” said Michelle Yesudas, Director of the Queer Legal Futures program at Outright International. 

Outright International calls on the Superior Court of Justice of Lima to act in accordance with human rights principles and declare the decree null and void. Repealing this policy is essential to ensuring the dignity and rights of transgender individuals in Peru and building a fairer, more inclusive society.

This case is not just a legal dispute; it's a testament to the fight for recognition, equality, and respect for diversity. Protecting the rights of all individuals without discrimination should be the foundation of any justice system that seeks equity and respect for human dignity.