Peru Classifies Trans People as ‘Mentally Ill’ After Government Decree


In a startling move, Peru’s government has issued a decree that has sent shockwaves through the LGBTQ+ community and beyond. This new policy, signed by President Dina Boluarte, has sparked intense debate and widespread outrage. Why? Because it reclassifies the identities of trans people in a way that many believe is a significant step backward.

Critics argue that this decree is not just a bureaucratic change but a dangerous shift that could have profound implications for the rights and mental health of countless individuals. What exactly does this decree entail? How are people reacting both within Peru and around the world? And what does this mean for the future of LGBTQ+ rights in the country?

Join us as we explore the details of this controversial decree, the immediate responses it has elicited, and the broader implications for human rights and mental health. Through this article, we’ll unravel the complexities and the controversies, shedding light on an issue that demands global attention and action.

Protests Erupt Over Peru’s Controversial Decree

Peru officially classifies trans people as 'mentally ill'

Recently, Peru’s government issued a decree that has caused a lot of controversy. Signed by President Dina Boluarte, this new policy classifies several gender identities, including “transsexualism” and “gender identity disorder in children,” as mental illnesses. The decree also includes terms like “dual-role transvestitism” and “fetishistic transvestism” under the same category. These changes will be reflected in Peru’s Essential Health Insurance Plan (PEAS) to ensure that people receive mental health coverage.

The health ministry says this change is necessary to guarantee comprehensive mental health care for everyone. However, many people are worried that this new classification will do more harm than good. Labeling these gender identities as mental illnesses can reinforce negative stereotypes and lead to more discrimination against the trans community.

Critics argue that this decree is outdated and doesn’t align with current global understandings of gender identity. For instance, in 2019, the World Health Organization (WHO) stopped classifying gender incongruence as a mental disorder and instead categorized it under sexual health conditions. This change recognized that being trans is not a mental illness.

Despite the health ministry’s claim that the decree aims to provide better mental health support, many fear it will increase stigma and discrimination. There are concerns that this policy could open the door to harmful practices like conversion therapy, even though the ministry has stated it opposes such treatments.

Trans Community Fights Back Against Mental Illness Decree

The announcement of Peru’s decree immediately sparked a wave of reactions, both domestically and internationally. LGBTQ+ advocacy groups, human rights organizations, and concerned citizens quickly voiced their opposition, highlighting the decree’s potential harm to the trans community.

In Peru, the response was swift and vocal. Trans groups and LGBTQ+ organizations condemned the decree, calling it a significant setback for human rights. Jheinser Pacaya, director of OutfestPeru, declared that the trans community would not rest until the decree is repealed. He criticized the government for targeting trans individuals with what he described as an outdated and harmful policy.

LGBTQ+ rights group Red Peruana also decried the move, arguing that the decree further stigmatizes the trans community. They stated that the policy is based on an “outdated” view of gender identity, which does not align with modern understandings and international standards.

Protests quickly erupted in the capital city of Lima. More than 60 national LGBTQ+ organizations staged a demonstration in front of the health ministry’s headquarters. This protest coincided with the International Day Against Homophobia, Transphobia, and Biphobia, underscoring the global significance of their cause. The protesters carried banners and chanted slogans, demanding respect and equal rights for trans individuals.

The protests received widespread media coverage, drawing attention to the plight of the trans community in Peru. Activists emphasized that the decree not only misclassifies gender identity but also opens the door to dangerous practices like conversion therapy, despite the health ministry’s claims to the contrary.

Internationally, human rights advocates and organizations expressed their concern. U.S. Representative Robert Garcia, a gay Peruvian-American, criticized the decree as discriminatory and dangerous. He pledged to work with the State Department to push back against what he called a direct attack on LGBTQ+ Peruvians.

Global Perspective on Gender Identity

To understand Peru’s recent decree, it’s helpful to look at how other countries handle gender identity. Many nations have made big strides in recognizing and supporting gender diversity, moving away from outdated ideas that consider being trans a mental illness.

In 2019, the World Health Organization (WHO) made a significant change. They reclassified gender incongruence, moving it out of the “mental and behavioral disorders” category and into the “conditions related to sexual health” category. This change acknowledges that being trans is not a mental illness and that calling it one can cause a lot of stigma and discrimination.

Some countries have become leaders in supporting trans rights. For example, Argentina passed a Gender Identity Law in 2012, allowing people to change their legal gender without needing surgery or a mental health diagnosis. This law respects and affirms trans identities, making it easier for people to live as their true selves.

In 2017, Denmark made a historic move by being the first country in Europe to stop classifying trans identities as mental illnesses. This decision was praised as a major step towards reducing stigma and improving the lives of trans individuals.

Malta is another country with progressive laws. In 2015, Malta passed a law that protects the rights of trans and intersex individuals, allowing them to change their legal documents to reflect their gender identity without needing invasive medical procedures.

These examples show a global trend towards accepting and supporting trans people, recognizing that gender identity is a fundamental part of who they are, not a mental illness. In contrast, Peru’s recent decree seems to take a step backward by reinforcing outdated views.

The Role of International Advocacy

The decree in Peru has not only sparked immediate backlash domestically but has also drawn significant international attention and criticism. The varied reactions shed light on the global and local implications of such a policy.

U.S. Representative Robert Garcia, a gay Peruvian-American, criticized the decree as discriminatory and dangerous. He emphasized the need for international pressure to push back against such policies, highlighting the importance of global solidarity in protecting LGBTQ+ rights.

The international community’s response underscores the importance of continued advocacy and support. By raising awareness and applying pressure, global organizations and leaders can influence national policies and promote more inclusive and respectful approaches to gender identity.

The strong reactions to Peru’s decree, both locally and globally, highlight the ongoing struggle for trans rights and the importance of aligning national policies with international standards that respect and affirm gender diversity.

Impact on Mental Health and Society

Mental health experts warn that such classifications can lead to increased anxiety, depression, and other mental health issues among trans individuals. When a person’s identity is seen as a disease, it can create an environment of self-doubt and shame. This is particularly troubling for young people who are still exploring and understanding their gender identity.

The decree could also make it harder for trans people to get the healthcare they need. Instead of receiving supportive and affirming care, they might face attempts to “treat” or “cure” their gender identity. Such approaches are not only ineffective but also harmful. This could lead to a rise in dangerous practices like conversion therapy, even though the health ministry claims to oppose them.

From a human rights perspective, the decree is a major setback. It goes against international standards and undermines efforts to promote equality and respect for everyone. Human rights activists argue that this policy violates the dignity of trans people, treating their identities as something to be fixed rather than respected.

Legally, the decree could influence laws and policies related to discrimination and equality. By labeling trans identities as mental illnesses, it might justify discriminatory practices in jobs, schools, and public services, further marginalizing an already vulnerable community.

Moving Forward: The Path to Equality

Peru Classifies Transgender Identity as a Mental Disorder | Them

Peru’s recent decree classifying trans identities as mental illnesses has sparked a wave of concern and outrage, both locally and globally. This policy, which the government claims is meant to provide comprehensive mental health care, has instead been seen as a step backward, reinforcing harmful stereotypes and discrimination against the trans community.

Critics argue that this move contradicts modern understandings of gender diversity and risks increasing stigma and suffering for trans individuals. The backlash has been immediate and vocal, with protests erupting in Peru and human rights organizations worldwide condemning the decree.

Globally, the trend is toward recognizing and affirming gender diversity, with many countries moving away from outdated classifications and towards policies that support and respect trans people. In contrast, Peru’s decision feels like a regression, highlighting the urgent need for continued advocacy and support for trans rights.

The hope is that through persistent efforts and united voices, both within Peru and from the international community, there can be a push for more inclusive and humane policies. The fight for equality and dignity for the trans community in Peru is far from over, and it’s crucial for everyone who believes in human rights to stand together in this struggle.


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