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In Lima, Peru, the law condemns any ethnic, racial, sex, age, language, religion, opinion, economic, health, disability origin, or any other discriminatory behavior. The underlying principle is the respect for human dignity, aiming to eradicate all forms of discrimination. The law is in line with international commitments ratified by Peru, including the Universal Declaration of Human Rights and the Convention on the Elimination of All Forms of Racial Discrimination.
Countering discrimination can be a complex task due to the subtlety or complexity of some cases. Obvious instances would be workplace discrimination for race, sex, age, etc., where you are treated differently than others based on these factors. Other possible cases include being denied access to services or opportunities based on your attributes or beliefs. In these circumstances, hiring a lawyer with knowledge in discrimination law could be invaluable. A legal expert can navigate the system, file necessary legal papers, represent you in court and provide advice on the best course of action to take.
The Peruvian Constitution bans all forms of discrimination, and this is complemented by other regulations like the General Labor Law and the Law against Discrimination and Exclusion in Education. Specifically, the General Law of Persons with Disability guarantees equal opportunities for disabled individuals. Workplace Discrimination law makes it illegal to fire, demote, harass or retaliate against job applicants or employees for belonging to a certain group, being pregnant, or having a related condition. The Law against Discrimination and Exclusion in Education ensures that no one is denied education based on discriminatory factors. However, enforcement and concrete responses to violations sometimes remain challenging.
Protected characteristics include race, color, sex, language, religion, political or other opinion, national or social origin, property, birth, disability, or other status.
You can report cases of discrimination to The Deputy Ombudsman for Human Rights and Persons with Disabilities, Ministry of Work and Promotion, and the Gender Equality and Non-Discrimination Department.
Yes, Peru has laws under the General Law on Women's Rights that specifically target sex discrimination, particularly in relation to access to employment, wages, and conditions of work.
A discrimination lawyer can guide you through the entire legal process, help you gather evidence, file legal papers, represent you in court, negotiate on your behalf, and work to protect your rights.
While it is not obligatory, having a lawyer can increase your chances of a favorable outcome. This is due to their knowledge of the law, experience in similar cases, and understanding of judicial processes
For additional support, you can contact the National Institute for the Defense of Competition and Protection of Intellectual Property (INDECOPI). Other organizations that may be of help are the Ministry of Work and Promotion of Employment and The Deputy Ombudsman for Human Rights and Persons with Disabilities. Also, there are numerous NGOs and Human Rights organizations operating in Lima.
If you believe you have been a victim of discrimination, reach out promptly to a local lawyer specializing in discrimination law. Collection of evidence is important – keep detailed records of incidents. Contact relevant governmental bodies, like INDECOPI or The Deputy Ombudsman for Human Rights and Persons with Disabilities, and make a formal complaint. Remember, the law is there to protect you and ensure your rights are upheld.
