Peru’s New Law Sparks Alarm Over Trans Rights and Free Speech
In a concerning development for human rights advocates, Peru enacted a law on May 12, 2025, that ostensibly aims to combat sexual violence against children and adolescents but instead poses significant threats to free speech and transgender rights in the country.
The law, which purports to “safeguard the right to sexual integrity of children and adolescents,” contains vague and overly broad provisions that could potentially be weaponized to suppress expressions of identity, artistic content, and educational materials.
Bathroom Restrictions Target Trans Individuals
One of the most troubling aspects of the new legislation mandates that public restroom access be restricted based on “biological sex,” effectively barring transgender people, including vulnerable trans youth, from using public restrooms that align with their gender identity.
This restriction represents a significant step backward for transgender rights in Peru, especially considering the progress made just last year when Peru’s Ministry of Health walked back a decree that had classified “transsexualism” as a “mental health problem.”
A Pretext for Repression
Human Rights Watch senior researcher Cristian González Cabrera has criticized the law, stating that it “turns child protection into a pretext for repression and discrimination” and “opens the door for authorities to censor expression that they deem ‘inappropriate’ under the guise of safeguarding children, while scapegoating trans people, a group already at high risk of violence in Peru.”
Know Your Rights: International Protections
It’s important to note that Peru is bound by several international human rights treaties, including:
- The Convention on the Rights of the Child
- The International Covenant on Civil and Political Rights
- The American Convention on Human Rights
These treaties obligate Peru to protect all individuals from discrimination based on any grounds, including age and gender identity. The enactment of this law appears to violate these international commitments.
The Real Crisis: Sexual Violence
While the law fails to address the real issues at hand, the crisis of sexual violence against children in Peru remains severe. According to the Ministry of Women and Vulnerable Populations, from January to March 2025 alone, the Women’s Emergency Centers received 4,910 cases of sexual violence against children and adolescents, with 22,798 such cases reported in 2024.
Call to Action
Human rights advocates are calling for the urgent repeal of this law and for Peru’s Congress to instead pass targeted, evidence-based legislation that effectively addresses sexual violence while protecting the rights of all individuals, including transgender people.
This law represents part of a troubling pattern in Peru, coming shortly after another controversial law passed in April 2025 that requires official clearance for foreign-funded NGOs and news outlets, which critics say poses one of the most serious threats to independent journalism and civil society in recent years.
