The Constitution of Peru upholds the principle of equality between men and women. The government passed a law in 2000 that criminalised discrimination, and introduced penalties requiring offenders to provide 30 to 70 days of community service. Despite such advances, long-standing social prejudice and discrimination against women has resulted in women experiencing higher levels of poverty and unemployment than men. In addition, Peruvian tradition prevents women from holding senior positions in both the public and private sectors.
The status of Peruvian women within the family is fairly well protected. A law prohibiting early marriage was adopted in 1999 and the minimum legal age of marriage is now 16 years for both men and women. (It was previously 14 years for women.) A 2004 United Nations reportestimated that 13 per cent of girls between 15 and 19 years of age were married, divorced or widowed.
Polygamy is not practiced in Peru.
In Peruvian families, parental authority is shared by the mother and father, who have equal rights and obligations. However, in nearly 25 per cent of marriages, the father alone manages important household expenses. In the event of divorce, the courts take into account the best interests of the child when awarding custody. In most cases, children under seven years of age stay with the mother. But once children reach the age of seven, custody depends on their sex; girls stay with their mother and boys with their father.
Peruvian law grants equal rights to men and women in the matter of inheritance.
The physical integrity of Peruvian women is not sufficiently protected and progress is needed. The government has acted to reduce violence against women and, in 2001, set up the National Programme against Family Violence and Sexual Abuse. A law adopted in 2002 makes local authorities responsible for policies pertaining to domestic violence. The law stipulates punishments for both rape and spousal rape, and the legislation is generally applied. In addition, an emergency centre for women was established to provide assistance to victims. However, the problem of violence against women remains widespread; statistics show that just under one-half of women living in a couple relationship have suffered violence at the hands of their partner on at least one occasion. In Peru, the most common form of violence against women is psychological abuse.
Female genital mutilation is not a common practice in Peru, although one indigenous community appears to use this type of mutilation to mark girls’ entry into puberty.
There is no evidence to suggest that Peru is a country of concern in regard to missing women.
Peruvian law upholds the right to ownership for all citizens. However, women have limited access to land. In 2002, only about 25 per cent of land title deeds were granted to women.
The Constitution and the Civil Code provide for equal rights for men and women in regard to access to property other than land and signing contracts. Each spouse has the right to manage his or her own property, but the phenomenon of “informal ownership” is a source of injustice to women. Under this system, there is no obligation to obtain the wife’s consent when selling the family house. In effect, the husband acquires unilateral control of the property.
Peruvian women have some access to bank loans. They benefit primarily from micro-credit programmes and other support mechanisms to establish and operate small- and medium-sized enterprises (SMEs). In recent years, about one-half of the loans granted by the PAME (an association that helps SMEs) were given to women.
The civil liberties of women in Peru are well respected; women have freedom of movement and freedom of dress.
CEDAW (Committee on the Elimination of Discrimination against Women) (2004), Consideration of Re¬ports Submitted by States Parties Under Article 18 of the Convention on the Elimination of All Forms of Discrimination against Women: Peru, Sixth Periodic Report on States Parties, CEDAW/C/PER/6, CEDAW, New York, NY.
DHS (Demographic and Health Surveys) (2008), Peru: DHS, 2004-2008 - Final Report, Instituto Nacional de Estadística e Informática (INEI) and Agencia de los Estados Unidos Para el Desarrollo Internacional (USAID) and Macro International Inc. Calverton, MD.
FAO (Food and Agriculture Organization), IFAD (International Fund for Agricultural Development), ILC (International Land Coalition) (2004), Rural Women’s Access to Land and Property in Selected Countries: Progress Towards Achieving the Aims of the Convention on the Elimination of All Forms of Discrimination against Women, FAO Gender and Population Division, IFAD Technical Advisory Division, and ILC, Rome.
JICA (Japan International Cooperation Agency) (2007), Peru: Country Gender Profile, JICA, Tokyo.
Struensee, V. von (2005), “The Contribution of Polygamy to Women’s Oppression and Impoverishment: An Argument for its Prohibition”, Murdoch University Electronic Journal of Law, Murdoch, www.austlii.edu.au/au/journals/MurUEJL/2005/2.html#fn100.
US Department of State (2007), Country Reports on Human Rights Practices: Peru, US Department of State, Bureau of Democracy, Human Rights and Labor, Washington, DC.
