South America
Peru continues to lag behind other Latin American countries on LGBTQ rights
Attempts to ‘heal homosexuality’ remain legally protected

Peru is one of the few Latin American countries without pro-LGBTQ laws, and this evident backwardness in comparison to neighboring countries translates into a lower quality of life for those who do not identify as heterosexual.
LGBTQ Peruvians are highly vulnerable because of their sexual orientation and gender identity, and they also lack a regulatory framework that recognizes and protects them. This reality makes it more difficult for them to fight for equal rights in the areas of health, education and work, among others.
So-called conversion therapy is still allowed in Peru, and attempts to “heal homosexuality” remain legally protected.
The Peruvian Ministry of Justice at the end of 2020 requested for the first time a survey that focused on the LGBTQ community. It revealed 71 percent of Peruvians considers LGBTQ people are the most discriminated group in the country.
The Inter-American Court of Human Rights in 2020 held the Peruvian state responsible for the rape and torture of Azul Rojas Marin, a transgender woman, and ordered it to provide medical, psychological and/or psychiatric treatment and to prosecute the officers who tortured her. The ruling also called on Peru to track anti-LGBTQ violence in the country and develop a national strategy to respond to it.
None of this has been complied with so far, demonstrating the state’s indifference to LGBTQ rights.
“LGBTI people are succinctly recognized in some regional or municipal ordinances at the local level, however, they have no recognition in any national legislation explicitly, which addresses their needs,” George Hale, institutional development director of Promsex, a Peruvian LGBTQ rights group, told the Washington Blade.
Jorge Apolaya, who has been organizing Pride marches in Peru for years, said that “discrimination against LGBTQ+ people in the country is associated with a heterosexist culture that continues to permeate the different spheres of society, not only in public services that should be available to all people regardless of their sexual orientation and/or gender expression or identity, but also in families whose structures continue to violate non-heterosexual people.”
Peruvian lawmakers recently passed a bill that eliminates the possibility of having comprehensive sexual education with a gender focus in schools, handing that power to parents. The country is one of the few in South America that allows it.
Most of the activists in Peru with whom the Blade spoke agree that previous governments have made no progress on LGBTQ rights, and that scenario will not improve because President Pedro Castillo, who took office last year, has publicly stated LGBTQ rights are not a priority for his administration.
Then-Congressman Carlos Bruce in 2014 came out as gay in an interview with a Peruvian newspaper. Alberto de Belaunde in 2016 became the first openly gay man elected to the Peruvian Congress.

De Belaunde tried to pass various bills that his colleagues did not support. He did, however, manage to start a public debate about the lives of LGBTQ Peruvians and responded to hate speech.
De Belaunde told the Blade that “Peru is a country with a serious problem of inequality, where not all its citizens have the same rights. The LGBTQ+ community faces a serious problem of exclusion as they do not see basic rights recognized and respected, such as the right to identity or the right to equality, and this impacts their quality of life.”
He also said the COVID-19 pandemic worsened the vulnerability of LGBTQ people, particularly trans people after former President Martín Vizcarra at one point implemented a “pico y género” rule that allowed people to leave their homes based on their gender. This regulation generated a wave of violence — mainly against trans women — in Peru.
De Belaunde did not run for re-election last year, but two LGBTQ politicians entered Congress.
Susel Paredes from the center-left Purple Party became the first openly lesbian congressman in Peru. She also received the most votes of any woman who ran for Congress.

Alejando Cavero of the right-wing Avanza País party became the second openly gay man elected to Congress.
Paredes explained to the Blade from her office in Lima, the Peruvian capital, that she is currently working to pass a marriage equality bill and another that would protect people based on their gender identity. Paredes said civil unions are unacceptable “because we are looking for full equality, not special laws for us.”
Cavero, on the other hand, has announced he will soon introduce a civil unions bill.
He is also considering the elimination of the word marriage, leaving it exclusively for the religious sphere. Paredes and some Peruvian LGBTQ activists do not support this strategy.
Paredes, however, acknowledged her expectations regarding the approval of equal marriage in this Congress have no possibilities. She therefore said she will support Cavero’s civil unions bill.
“The possibilities that equal marriage will be approved are very limited and scarce due to the composition of the and scarce due to the composition of the Congress,” emphasized Paredes. “It is a Congress that has some left-wing conservatives and some right-wing conservatives. And the Peruvian right wing is absolutely conservative, there is no modern liberal right wing.”
“I believe that the civil union bill will be approved. But for that, we have to keep pushing for equal marriage. That way, the civil union bill will be approved faster and at last LGBTQ+ families will be able to have an institutionality,” she stressed.
Paredes is currently seeking legal recognition of her 2016 marriage in the U.S.
She said she will bring her case to the Inter-American Court of Human Rights if Peru’s Constitutional Court rules against her.
Chile
Transgender woman sues Chilean national police
Isabella Panes alleges she suffered harassment, exclusion after becoming ‘carabinera’

Isabella Panes in 2022 was celebrated as a symbol of inclusion.
Wearing an olive green uniform and a shy smile, she appeared in the media and on social media as Chile’s first trans female “carabinera” or national police officer. The Carabineros promoted Panes as a sign of openness, but that story has become a dramatic case of institutional discrimination.
Panes today faces the Carabineros in court.
She has denounced a series of systematic acts of exclusion, harassment at work, and violation of fundamental rights that she and her defense team maintains pushed her into a mental health crisis that almost cost her her life.
“My hope is that tomorrow we will be able to live in a world of equality for all. Just that we understand that we are human beings and we have to make life a lot easier for each other,” Panes told the Washington Blade during an exclusive interview.
Panes, 29, grew up in Laja in the Biobío region.
She dreamed of becoming a “carabinera” since she was a child, despite the fact that she faced discrimination because of her gender identity. After years of effort, surgeries and a difficult transition, Panes enrolled in the Carabineros Academy in 2021.
Panes faced the challenge of making her medical processes compatible with the physical demands of training. Even so, she graduated with good marks, and was recognized as part of the new institutional image the Carabineros wanted to project after the 2021 social unrest tarnished their image.
This institutional support disappeared after the media campaign.
Panes alleges she was marginalized from operational duties and relegated to administrative tasks, despite her interest in and training to patrol the streets like any other officers.
“I joined the Carabineros to serve, not to be a marketing decoration,” she said. “I was offered to be part of the change, but only if I kept quiet and accepted the mistreatment.”
The accusations against the Carabineros are serious: Constant mockery by colleagues, dissemination of private information about her personal life, invasive questions about her body and sexual orientation. Panes’s legal representatives said this abuse took place within a context where the institution did not take effective measures to protect their client.
The Carabineros Social Security Administration, known by the Spanish acronym Dipreca, also refused to cover her transition-related medical procedures, arguing they were “aesthetic,” despite medical reports that indicated their importance for Panes’s mental health and well-being.
Panes in January attempted to kill herself by suicide. She managed to survive after calling Chile’s 4141 mental health care number for help.
“They were killing me slowly, from the inside,” said Panes.
Panes has brought her case to the Supreme Court after a lower court ruled in favor of Dipreca’s decision to not cover her medical treatments.
Her legal team in a lawsuit has also accused the Carabineros of employment and systematic discrimination. Panes is seeking damages and institutional reforms.
“The Carabineros used Isabella to clean up its public image, but when it came to guaranteeing real rights, they abandoned her,” said Javiera Zúñiga, spokesperson for the Movement for Homosexual Integration and Liberation, a Chilean advocacy group.
“It is not enough to show up at the Pride march,” she added. “True inclusion is demonstrated in deeds, in daily dealings, in respect for the dignity of all people.”
Panes’s case starkly exposes the limits of diversity policies when there is no deep institutional commitment to implement them.
“I am no longer afraid,” said Panes, ”What happened to me cannot happen again. Not for me, but for all those who come after me.”
Brazil
US lists transgender Brazilian congresswoman’s gender as ‘male’ on visa
Erika Hilton has represented São Paulo since 2022

A transgender Brazilian congresswoman says the U.S. issued her a visa that listed her gender as “male.”
Erika Hilton on Wednesday wrote on her Instagram page that she requested a visa that would have allowed her to travel to the U.S. in order to participate in the Brazil Conference at Harvard University and the Massachusetts Institute of Technology.
The conference took place earlier this month.
“I was classified as ‘male’ by the U.S. government when I went to get my visa,” wrote Hilton, who added a visa she received from the U.S. in 2023 listed her gender as “female.”
Hilton is a Black travesti and former sex worker from São Paulo who won a seat in the Brazilian Congress in 2022. The Washington Blade spoke with Hilton shortly after her election.
“It is a big responsibility … but I feel very honored,” said Hilton. “I very much like to be able to be a representative for my people, and the more than 250,000 people who voted for me have confidence in me,” she said after she spoke at a rally in support of now Brazilian President Luiz Inácio Lula da Silva in a São Paulo square. “This demonstrates that our work has the potential to have a gigantic reach; where we can advance efforts to end death, poverty, misery, genocide that we have.”
President Donald Trump in his inaugural speech announced the federal government’s “official policy” is “there are only two genders, male and female.” The Trump-Vance administration has also banned the State Department from issuing passports with “X” gender markers.
Germany and Denmark are among the countries that have issued travel advisories for trans and nonbinary people who plan to visit the U.S. These warnings come ahead of WorldPride, which is scheduled to take place in D.C. from May 17-June 8.
Hilton said she is “not surprised” the U.S. issued her a visa with a male gender marker.
“I’m also not surprised by the level of hatred and fixation these people have with trans people,” she said. “After all, the documents I presented are rectified, and I’m registered as a woman, even on my birth certificate.”
Hilton further accused the U.S. of “ignoring official documents from other sovereign nations, even from a diplomatic representative.”
“At the end of the day, I’m a Brazilian citizen, and my rights are guaranteed and my existence is respected by our own constitution, legislation, and jurisprudence,” she said.
Editor’s note: Duda Salabert, another transgender Brazilian congresswoman, also said the U.S. listed her gender as “male” on her American visa.
Argentina
Gay, nonbinary parent fights for family in Argentina’s courts
Leonardo Hatanaka alleges they were fired after requesting paternity leave

An unprecedented case could set an important legal precedent for the rights of labor rights for LGBTQ families in Latin America.
Leonardo Hatanaka, a Brazilian pharmaceutical professional, expects an imminent ruling from the Superior Court of Justice in the Autonomous City of Buenos Aires in a case that alleges discriminatory dismissal based on sexual orientation, gender identity, and xenophobia after their son Matteo’s birth in Argentina via “solidarity gestation.” Human rights organizations and international agencies have followed the case closely.
Genzyme de Argentina S.A. and Sanofi in 2023 fired Hatanaka weeks after they notified them of their son’s paternity and requested 180-day parental leave.
“Matteo’s birth was the realization of a dream and the right to form a family with love, dignity and equality, even if that means having to fight every day for our family to be recognized as such,” Hatanaka told the Washington Blade in an exclusive interview.
The National Institute Against Discrimination, Xenophobia and Racism, a government agency known by the acronym INADI that President Javier Milei’s administration has shut down, in November 2023 said Hatanka’s termination was motivated by discrimination based on sexual orientation and gender identity.
(Milei took office in December 2023.)
The General Directorate of Coexistence in Diversity in Buenos Aires’s government in 2024 said institutional xenophobia motivated the firing.
“I am a gay man, foreign, nonbinary, and I had requested to exercise my right to parental leave,” Hatanaka explained. “The company denied access to a basic right to care, which it does provide in other countries, and did not provide any medical coverage for our son, despite his legal registration with both parents’ names.”
Sanofi did not acknowledge responsibility, offer apologies or any kind of reparations, despite the two rulings.
“It was devastating. I was caring for a newborn, at a moment of enormous vulnerability, and the company chose just that moment to abandon us,” said Hatanaka.
The National Labor Court overturned an initial injunction that ordered Hatanaka’s reinstatement. Hatanaka appealed the decision to the Superior Court of Justice in the Autonomous City of Buenos Aires.
“I hope for justice; that the discrimination suffered is recognized, and that this ruling serves as a precedent for all diverse families and LGBTQ+ people who are seeing their rights violated,” said Hatanaka.
The Argentine LGBT Federation, SOS Homophobie in France, and Mothers of Resistance in Brazil are among the organizations that have expressed their support. The latest U.N. report on anti-LGBTQ discrimination also notes the case.
“Companies must go beyond marketing,” Hatanaka emphasized. “Real inclusion requires concrete actions, consistency, and respect for their own policies.”
Hatanaka stressed that “there are instruments such as the UN Guiding Principles on Business and Human Rights. It is time for them to comply with them.” The lawsuit has also become a symbol of the struggle for equality and protection of families with parents who are the same sex.
“I feel I represent many LGBTQ+ families who live in fear of losing everything by exercising their rights,” said Hatanaka. “LGBTQ+ parenting is legitimate, real and deserves protection. No family should be punished for existing.”
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