On January 11, 2023, for the first time the Peruvian justice issued a ruling in a case of discrimination based on sexual orientation.
The events date back six years, when in 2017 a group of three young people was attacked by the security team of a well-known bar in the Miraflores district, in Lima. The attackers justified their actions on the grounds that they were doing “homosexual behavior.”
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after a six year legal battlethe Supreme Court of Justice issued a sentence in favor of the victim.
The director of Promsex Programs, the organization that legally advised the young man, maintained that the ruling sets a “precedent” for the “recognition of the civil rights of LGBTI people.”
He also stated that the sentence “should be a reference for other justice operators, when evaluating other cases of discrimination based on sexual orientation and gender identity”.
However, he adds that in Peru “the situation of helplessness of the LGBTI community by the State is a problem that all it does is aggravate the vulnerability in which this population finds itself”.
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The facts behind the case date back to 2017, when Fernando Bravo, a young student, was dancing with a group of friends at the Urban Bar club, in the district south of Lima de Miraflores; It was there that he was approached by a member of the security personnel, who warned him that they would be expelled from the place, without giving any reason.
Later, two other agents approach the group and one of them demands that they leave the premises; Therefore, given Bravo’s refusal to withdraw because he considered that there was no just reason, the third guard physically assaults him.
According to the victim’s account, the third guard would have grabbed him by the neck and hit him in the face; and then, between the three of them, prevent him from escaping and assault him repeatedly until he is expelled from the club.
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Superior Court of Justice of Lima (@Power of attorney_) issued a sentence recognizing aggression for aggravated discrimination against Fernando Bravo. In May 2017, security agents from the Urban Bar nightclub in Miraflores attacked Fernando because of his sexual orientation. pic.twitter.com/kYEzFEeV60
— 🇵🇪 Wayka 📢 (@WaykaPeru) February 20, 2023
Faced with this act of violence based on sexual orientation, the young man decided to go to criminal proceedings in which, six years later, the crime was proven and reparation was ordered.
Despite this, Fernando was subjected to constant insults during the process, in which the guards refused to apologize for the assault and defended their position that the group of youths was committing “impure acts” and “homosexual conduct”.
They even insulted the young man during the legal process with discriminatory names about their sexual orientation.
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In Peru, the situation of gender violence is one of the highest in the region; besides, violence against members of the LGBTIQ+ community does not stopbetween 2012 and 2021 some 88 people were victims of an intentional death due to gender identity.
Many of these cases still go unpunished due to the lack of laws that criminalize these hate crimes, according to infobae Alejandro Merino, founder of the Association of Families for Sexual Diversity Peru.
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