Inter-American Commission files case of sexual discrimination against Peru at the Inter-American Court.

On 4th June 2021, the Inter-American Commission of Human Rights referred the case of Crissthian Manuel Olivera Fuentes regarding Peru before the Inter-American Court of Human Rights. The case concerns the breach of the international responsibility of the State of Peru to secure Mr Oliveira Fuentes’ right to equality and non-discrimination, privacy, judicial guarantees and judicial protection because of acts of discrimination based on his sexual orientation. On two occasions, the staff of stores reprimanded him and his same-sex partner for displaying affection in public, such as holding each other hands and kissing. In one of the episodes, he and his partner were together with a heterosexual couple who was also engaged in affectionate behaviour. However, only the victim and his partner were reprimanded for expressing inadequate behaviour in public. Mr Olivera initiated a criminal lawsuit for discrimination before the Peruvian judiciary system in 2004, but he received an unfavourable decision in cassation in 2011. In this sense, in its merit report, the IACHR concluded that Mr Olivera suffered a disproportionate and unjustified interference in his private life and an illegitimate distinction in treatment based on expressions of his sexual orientation. According to the commission, this biased interference on Mr Oliveira’s right to privacy also represents a clear disrespect for his rights to equality and non-discrimination. For further information, please visit: https://www.oas.org/en/IACHR/jsForm/?File=/en/iachr/media_center/PReleases/2021/168.asp