A new law in Peru, enacted on May 12, aims to combat sexual violence against children and adolescents. However, Human Rights Watch has raised concerns that the legislation could undermine freedom of expression and access to information while discriminating against transgender individuals. The law includes provisions that restrict public restroom access based on “biological sex,” effectively barring transgender people from using facilities that align with their gender identity.
Cristian González Cabrera, a senior researcher at Human Rights Watch, stated, “Protecting children and adolescents from sexual exploitation and abuse is an important state obligation, but this law turns child protection into a pretext for repression and discrimination.” He added that the law allows authorities to censor expressions deemed “inappropriate” under the guise of safeguarding children while targeting transgender people who already face high risks of violence in Peru.
Statistics from the Ministry of Women and Vulnerable Populations indicate high levels of sexual violence against minors in Peru. From January to March 2025 alone, there were 4,910 reported cases involving children and adolescents. Despite these figures, Human Rights Watch argues that the new law does not offer an effective or rights-based solution.
Article 4 of the law prohibits the “exploitation and sexualization” of minors in media without defining key terms like “sexual connotation” or “objectification.” This lack of clarity could lead to censorship affecting personal expression, artistic content, or educational materials. Such enforcement might also limit children’s access to age-appropriate information necessary for their sexual development.
The law also amends criminal code provisions regarding “obscene exhibitions and publications,” increasing minimum prison sentences for offenses related to minors’ exposure to inappropriate materials. Human rights standards emphasize specificity in legal language when imposing restrictions on freedoms of expression and information.
Additionally, Article 5 mandates restroom use based on biological sex rather than gender identity. This provision not only discriminates against transgender individuals but perpetuates unfounded fears about their presence posing threats to children. Studies show no link between inclusive restroom policies and increased safety risks; instead, they highlight heightened harassment risks faced by transgender people in public spaces.
Human Rights Watch had previously urged President Dina Boluarte to veto the proposed legislation due to its impact on free speech and nondiscrimination rights but received no response before its enactment. Following this development, Congresswoman Susel Paredes faces investigation by the Congressional Ethics Committee for allegedly encouraging trans women’s restroom use during a gender diversity event.
Peru’s obligations under various human rights treaties require protecting individuals from discrimination based on age or gender identity. Critics argue that enacting this law violates those commitments while threatening comprehensive sexuality education—a crucial element for preventing gender-based violence among youth populations.
González concluded by urging Peru’s government: “Peru should urgently repeal this law… Instead Congress should pass targeted evidence-based laws.”
