Current Version
| Region | Peru |
| Issue | Right to change legal gender |
| Status | Ambiguous |
| Start Date | Oct 21, 2016 |
| End Date | (none) |
| Description | In 2016, the Constitutional Court issued a ruling (No. 6040-2015-PA/TC) establishing that name and gender change claims be resolved by civil courts in summary proceedings, without treating trans identity as a pathology or illness. However, the court did not define requirements or procedures. It is reported that the process is very difficult and costly both in time needed and the burden of paying for several lawyers to navigate complicated judicial procedures. Even when the judicial outcome may be favorable to the plaintiffs, it has been reported that the National Registry of Identification and Civil Status (RENIEC) almost systematically files appeals to prevent gender marker changes. In 2023, the entity responded that the Civil Code allows it to file appeals to reevaluate the grounds for a decision. “One of the grounds for appeal is when it is considered that the name and/or sex change ordered by the trial judge is not based on justified reasons, as required by Article 29 of the Civil Code, or when the right to reasoned judicial decisions has been violated,” they added. In 2020, a transgender woman obtained a favorable ruling to change the sex assigned on her ID. The entity had five days to appeal, but, in the midst of Christmas celebrations, it did not do so. With this, Dania became the first trans woman to successfully change her assigned sex without undergoing genital reassignment surgery, although she was asked for psychological certificates to prove that she was trans. |
| Sources | 2016 Constitutional Court ruling: https://www.tc.gob.pe/jurisprudencia/2016/06040-2015-AA.pdf 2023 report: https://agenciapresentes.org/identidades-negadas/ 2021 report: https://agenciapresentes.org/2021/09/29/por-primera-vez-una-mujer-trans-peruana-cambio-su-dni-sin-operacion-quirurgica/ 2019 report: https://observatorioderechoshumanos.minjus.gob.pe/wp-content/uploads/2019/09/Informe-Tematico-II-2019.pdf https://www.state.gov/reports/2023-country-reports-on-human-rights-practices/peru/ - section 6, paragraph 37 https://outrightinternational.org/our-work/americas/peru#:~:text=Browse%20Insights,discrimination%20at%20a%20business%20establishment. |
Revision History (13)
| Old Value | New Value (Current) | |
|---|---|---|
| Value | Legal, no restrictions | (REMOVED) |
| Special Status | Legal, no restrictions | Ambiguous |
| Start Date | Oct 16, 2016 | Oct 21, 2016 |
| Description | Since a landmark constitutional court ruling it has been able to change their legal gender on national identity documents. However, please note, it is reported that the process is very difficult and costly both in time needed and the burden of paying for several lawyers to navigate complicated judicial procedures. | In 2016, the Constitutional Court issued a ruling (No. 6040-2015-PA/TC) establishing that name and gender change claims be resolved by civil courts in summary proceedings, without treating trans identity as a pathology or illness. However, the court did not define requirements or procedures. It is reported that the process is very difficult and costly both in time needed and the burden of paying for several lawyers to navigate complicated judicial procedures. Even when the judicial outcome may be favorable to the plaintiffs, it has been reported that the National Registry of Identification and Civil Status (RENIEC) almost systematically files appeals to prevent gender marker changes. In 2023, the entity responded that the Civil Code allows it to file appeals to reevaluate the grounds for a decision. “One of the grounds for appeal is when it is considered that the name and/or sex change ordered by the trial judge is not based on justified reasons, as required by Article 29 of the Civil Code, or when the right to reasoned judicial decisions has been violated,” they added. In 2020, a transgender woman obtained a favorable ruling to change the sex assigned on her ID. The entity had five days to appeal, but, in the midst of Christmas celebrations, it did not do so. With this, Dania became the first trans woman to successfully change her assigned sex without undergoing genital reassignment surgery, although she was asked for psychological certificates to prove that she was trans. |
Show Difference | ||
| Sources | https://www.state.gov/reports/2023-country-reports-on-human-rights-practices/peru/ - section 6, paragraph 37 https://outrightinternational.org/our-work/americas/peru#:~:text=Browse%20Insights,discrimination%20at%20a%20business%20establishment. | 2016 Constitutional Court ruling: https://www.tc.gob.pe/jurisprudencia/2016/06040-2015-AA.pdf 2023 report: https://agenciapresentes.org/identidades-negadas/ 2021 report: https://agenciapresentes.org/2021/09/29/por-primera-vez-una-mujer-trans-peruana-cambio-su-dni-sin-operacion-quirurgica/ 2019 report: https://observatorioderechoshumanos.minjus.gob.pe/wp-content/uploads/2019/09/Informe-Tematico-II-2019.pdf https://www.state.gov/reports/2023-country-reports-on-human-rights-practices/peru/ - section 6, paragraph 37 https://outrightinternational.org/our-work/americas/peru#:~:text=Browse%20Insights,discrimination%20at%20a%20business%20establishment. |
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edited by jadeywadey. mistake in last edit
Helpful?
0 | Old Value | New Value | |
|---|---|---|
| Value | Legal, but requires medical diagnosis | Legal, no restrictions |
edited by jadeywadey. fixed bad entry
Helpful?
0 | Old Value | New Value | |
|---|---|---|
| Description | According to PROMSEX, a leading local organisation, the lack of a specific law regulating the legal recognition of gender means that "transgender people seeking recognition of their social name and gender have to resort to a judicial process in civil proceedings". A process described as "cumbersome, long and often full of stereotypes (...) [which] contains more steps and longer deadlines, leading to a longer time for the resolution of the case". Generally, court proceedings for legal gender recognition require a person to undergo gender affirmative surgery and other pathologising requirements. In July 2020, the Third Transitory Constitutional Court of the Superior Court of Lima ordered in its Judgment No. 12 (2020) that the National Registry of Identification and Civil Status (RENIEC) must develop a procedure to rectify the name, sex and image components of the ID documents of trans and intersex persons, through an administrative procedure without pathologising requirements. However, RENIEC appealed this judgment and the final resolution is still pending. In 2021, five years after it was originally submitted, the Parliamentary Commission for Women and Family of the Peruvian Congress provided its opinion on the Gender Identity Bill (Bill No. 790-2016) (2016). As of January 2023, the bill is still pending. Moroever, in September of 2021, local media reported that for the first time in Peruvian history, a civil court ruled in favour of a trans woman who requested to change her name and sex on her DNI without undergoing gender affirmation surgery. (ILGA) | Since a landmark constitutional court ruling it has been able to change their legal gender on national identity documents. However, please note, it is reported that the process is very difficult and costly both in time needed and the burden of paying for several lawyers to navigate complicated judicial procedures. |
Show Difference | ||
| Sources | https://database.ilga.org/peru-lgbti https://www.nationalgeographic.com/magazine/2017/01/gender-identity-map-where-you-can-change-your-gender-on-legal-documents/ https://www.asherfergusson.com/lgbtq-travel-safety/ | https://www.state.gov/reports/2023-country-reports-on-human-rights-practices/peru/ - section 6, paragraph 37 https://outrightinternational.org/our-work/americas/peru#:~:text=Browse%20Insights,discrimination%20at%20a%20business%20establishment. |
Show Difference | ||
| Old Value | New Value | |
|---|---|---|
| Value | Legal, no restrictions | Legal, but requires medical diagnosis |
| Start Date | Oct 15, 2016 | Oct 16, 2016 |
| Description | Since 2016. Missing non binary options. | According to PROMSEX, a leading local organisation, the lack of a specific law regulating the legal recognition of gender means that "transgender people seeking recognition of their social name and gender have to resort to a judicial process in civil proceedings". A process described as "cumbersome, long and often full of stereotypes (...) [which] contains more steps and longer deadlines, leading to a longer time for the resolution of the case". Generally, court proceedings for legal gender recognition require a person to undergo gender affirmative surgery and other pathologising requirements. In July 2020, the Third Transitory Constitutional Court of the Superior Court of Lima ordered in its Judgment No. 12 (2020) that the National Registry of Identification and Civil Status (RENIEC) must develop a procedure to rectify the name, sex and image components of the ID documents of trans and intersex persons, through an administrative procedure without pathologising requirements. However, RENIEC appealed this judgment and the final resolution is still pending. In 2021, five years after it was originally submitted, the Parliamentary Commission for Women and Family of the Peruvian Congress provided its opinion on the Gender Identity Bill (Bill No. 790-2016) (2016). As of January 2023, the bill is still pending. Moroever, in September of 2021, local media reported that for the first time in Peruvian history, a civil court ruled in favour of a trans woman who requested to change her name and sex on her DNI without undergoing gender affirmation surgery. (ILGA) |
Show Difference | ||
| Sources | https://www.nationalgeographic.com/magazine/2017/01/gender-identity-map-where-you-can-change-your-gender-on-legal-documents/ https://www.asherfergusson.com/lgbtq-travel-safety/ | https://database.ilga.org/peru-lgbti https://www.nationalgeographic.com/magazine/2017/01/gender-identity-map-where-you-can-change-your-gender-on-legal-documents/ https://www.asherfergusson.com/lgbtq-travel-safety/ |
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| Old Value | New Value | |
|---|---|---|
| End Date | Sep 7, 2018 | (none) |
| Sources | https://www.nationalgeographic.com/magazine/2017/01/gender-identity-map-where-you-can-change-your-gender-on-legal-documents/ | https://www.nationalgeographic.com/magazine/2017/01/gender-identity-map-where-you-can-change-your-gender-on-legal-documents/ https://www.asherfergusson.com/lgbtq-travel-safety/ |
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Reports (3)
- Newer law has been passed "No se puede cambiar el género sin haberte hecho una cirugía y es muy difícil, se tiene que hacer un juicio y conlleva un gasto."
- Other "Right to change legal gender exists but the RENIEC (National Registry) refuses to change legal gender to transgender people."
- Other "The process of changing gender in documents can last 6 years or more, is expensive and is subject to legal loopholes"
| Old Value | New Value | |
|---|---|---|
| Value | Illegal | Legal, no restrictions |
| End Date | Jun 24, 2018 | Jul 7, 2018 |
| Description | Not possible to change documents. Surgery is legal. Legalization pending. | Since 2016. Missing non binary options. |
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| Old Value | New Value | |
|---|---|---|
| End Date | Jun 13, 2018 | Jun 24, 2018 |
| Description | Not possible to change documents. Surgery is legal. | Not possible to change documents. Surgery is legal. Legalization pending. |
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| Old Value | New Value | |
|---|---|---|
| Value | Legal, no restrictions | Illegal |
| End Date | Oct 13, 2017 | Feb 26, 2018 |
| Description | Judicial permission Required. | Not possible to change documents. Surgery is legal. |
| Sources | http://www.streetsoflima.com/2012/04/discount-sexual-reassignment-surgery-in.html | https://www.nationalgeographic.com/magazine/2017/01/gender-identity-map-where-you-can-change-your-gender-on-legal-documents/ |
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| Old Value | New Value | |
|---|---|---|
| Value | Legal, but requires surgery | Legal, no restrictions |
| End Date | Sep 6, 2017 | Oct 13, 2017 |
| Description | Requires sterilization | Judicial permission Required. |
| Sources | transrespect.org | http://www.streetsoflima.com/2012/04/discount-sexual-reassignment-surgery-in.html |
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| Old Value (Original) | New Value | |
|---|---|---|
| Start Date | (unknown) | Oct 15, 2016 |
| End Date | Oct 15, 2016 | Sep 6, 2017 |