Peru – Equality & non-discrimination
CHAPTER III DIAGNOSIS AND BASELINE: ACTION AREAS
3.2. Conclusions of the specific issues
There is historical structural discrimination against women that generates various violations in the access to rights such as freedom from violence, sexual and reproductive health, participation in decision-making spaces, and violations in social and economic rights. The Peruvian State has been developing a mandate to mainstream the gender approach and promote gender equality in order to coordinate, articulate, and oversee policies and institutional management, but it needs to strengthen actions to address: (i) limitations to access, permanence, and development in the labor market, which have differentiated expressions, (ii) limited access and participation in decision-making spaces and (iii) gender violence in the workplace and (iv) the overload of unpaid care work that women have, which impedes their access to the labor market.
One of the main demands from civil society is the establishment of a care system, which represents one of the main barriers to women’s equal access to work and other spaces. It is also important to mention that it is necessary to implement due diligence measures. – page 45
Although employment in the older adult population should be a voluntary option, the State needs to intervene to promote the employability of older adults, under conditions of equality and with respect for their dignity.
Racism and racial discrimination are remnants from segregated and exclusive societies based on phenotypic differences, which have generated situations of inequality that, despite the development of regulatory frameworks to prevent and punish this situation, have not put an end to discrimination. Training, supervision, and oversight are necessary, as well as following up on complaints and making statistics on the situation of Afro-Peruvians visible. – page 46
People with disabilities
According to the National Multisectoral Policy on Disability for Development to 2030, structural dis- crimination against persons with disabilities is a public problem that transcends and is independent of individual discriminatory actions; and that, in addition, it is part of a process of accumulation of disadvantages and has social implications in the areas of enjoyment of rights and reproduction of social inequality.
(…) Companies should implement communication and information mechanisms in formats accessible to people with disabilities. Access to employment should involve a selection process under equal conditions, equitable hiring, including the corresponding reasonable adjustments. – page 47
There is a robust normative framework against discrimination, but it is also required a normative framework and public policies that address their particular needs and guarantee non-discrimination in: (i) promotion of employment for LGBTI people, (ii) access to employment, (iii) working conditions, and (iv) permanence. This group also needs to overcome statistical invisibility in judicial and administrative records. – page 48
Table 8: NAP strategic guidelines and objectives, and alignment with the axes of the Peru Vision 2050
Axis 1. People reach their potential with equal opportunities and without discrimination to enjoy a full life. – page 54
Strategic guideline No. 1: Promotion and dissemination of a culture of respect for human rights in the business environment in accordance with the framework of international standards of the guiding principles and other international instruments.
Objective 2: Organized civil society (members of civil society organizations, trade unions, and indigenous peoples) are aware of and promote the implementation of the guiding principles and other related international instruments in their activities.
Action: Guarantee the rights, especially the rights to equality and non- discrimination, of specially protected groups (LGBTI, the elderly, people with disabilities, women, migrants, Afro- Peruvians, indigenous peoples) in consumer relations
Indicator: Number of training activities on equality and non- discrimination in consumption and/ or advertising for suppliers and/or consumers. – page 62
Action: Coordinate with the business sector to develop training plans on best practices in gender equality and non-discrimination in the workplace.
Background: It is necessary to promote training opportunities in the business sector on good practices in equality and non- discrimination in business management, in order to help close gender gaps and promote women’s participation in the labor market.
Indicator: Number of training plans on best practices in gender equality and non- discrimination in business management (Action Indicator). – page 63
Strategic guideline No. 2: Design of public protection policies to prevent human rights violations in the business environment.
Objective No. 3: Review, design, and adoption of national plans and programs to guarantee human rights in the framework of business activities.
Action: Incorporate the human rights approach, taking into consideration the GP-BHR and other international standards, in the services provided by the Ministry of Labor and Employment Promotion.
Background: Promotion of measures to ensure equal treatment and non-discrimination of persons using the services provided by the Ministry of Labor and Employment Promotion.
Indicator: A guide that incorporates the human rights approach. – page 83
|Strategic guideline No. 3: Design of public policies that promote respect for human rights by companies through accountability, investigation, and sanction for the impacts of their activities.|
|Objective 1: Promote policies and/or standards that guarantee respect for human rights in business activities.|
Action: Promote the rights and non-discrimination of foreign migrants by companies.
Background: Companies have an important role to play in respecting the human rights of migrants, so it is necessary to avoid situations of discrimination or stigmatization in the workplace, which could prevent access to work because of their origin.
Indicator: CONACOD’s work program to strengthen the complaint system and dissemination of this anti- discrimination mechanism + Cases followed up by CONACOD to resolve discrimination. – page 91
Action: Promote the rights and non-discrimination of the Afro-Peruvian people and the Andean and Amazonian indigenous peoples, and protect in cases of racism.
Background: To ensure close coordination between the Culture and Justice and Human Rights sectors in order to promote, together with regional and local governments, concrete and effective actions to promote, respect, and guarantee the human rights of Afro-Peruvian people, indigenous or native peoples, and timely defense interventions in cases of racism and racial discrimination.
Indicator: Strategy for the promotion of the rights of Afro- Peruvian people and Andean and Amazonian indigenous or native peoples, and protection in cases of racism. – page 92
Action: Ensure reasonable adjustments in access, environment, and work performance for people with disabilities.
Background: Reasonable adjustments facilitate access to and movement in the workplace for workers with disabilities, their work development, access to induction, training, and promotion programs in employment, under conditions of equality with other workers, and are therefore mandatory for employers in the public and private sectors.
Indicator: Number of inspections related to reasonable adjustments. – page 96
Action: To guarantee equal access to work and work performance for people with disabilities.
Background: The MTPE, regional governments, and municipalities promote the adoption, by public and private employers, of good employment practices for persons with disabilities. Likewise, job training, updating, placement, and employment programs incorporate in their design, components, strategies, or specialized methodologies to adapt the provision of their services to the needs and characteristics of the various types of disabilities, in order to optimize their effectiveness.
Indicator: Number of job openings for people with disabilities. – page 98
Action: Promote the rights and non-discrimination of Afro-Peruvian people, and protect in cases of racism.
Background: The private sector has a responsibility to give visibility and promote awareness of the rights of Afro-Peruvian people. To this end, it is necessary to work in coordination and permanently with the State, in order to establish and incorporate concrete mechanisms for protection and respect, and to avoid discriminatory or racist practices.
Indicator: Implementation of a guide for the promotion of the rights and non- discrimination of Afro-Peruvian people, aimed at the business sector. – page 101
Action: Guarantee equal access to work and work performance for LGBTI people.
Background: Promote initiatives aimed at ensuring equal employment opportunities for LGBTI people : Evaluation and recognition of legal entities working to promote the employment of LGBTI people through the certification mark “Safe Company, Free of Violence and Discrimination against Women”.
Indicator: Formulation of affirmative actions in favor of LGBTI persons to be incorporated into the Sectoral Plan for Non-Discrimination and Equal Opportunities in the Workplace (Action Indicator). – page 101
Objective No. 2: Technical assistance to companies for the observance of human rights in their business activities
Action: Promote the rights and non-discrimination of special protection groups (elderly people, Afro-Peruvians, people with disabilities, women, LGBTI people, migrants) in advertising and the media.
Background: Media companies have a responsibility to promote and respect the rights of specially protected groups (elderly people, Afro- Peruvians, people with disabilities, women, LGBTI people, migrants), since, through the content of their programming, they make visible or make invisible certain aspects of society, reinforcing narratives that benefit or harm this population group.
Indicator: Number of informative letters sent to market agents. – page 109
Action: Incorporate due diligence mechanisms to guarantee a human rights approach in the activities of the business sector, specifically in consumer relations and advertising.
Background: The activities carried out by the business sector, specifically, consumer relations and advertising must take into account the human rights approach, with special emphasis on groups in need of special protection.
Indicator: Guidelines for suppliers, incorporating recommendations related to due diligence in respecting equality and non- discrimination in consumption and/or advertising. – page 109
Action: To support the commitment of companies in the fight against harassment, sexual harassment, and any type of violence in the workplace.
Background: One of the difficulties identified in the area of business and women’s rights are situations of harassment and sexual harassment. This requires institutionalized prevention work and the implementation of due diligence measures to prevent possible violations in the context of business activities.
Indicator: Number of editions of the “Safe Company, Free of Violence and Discrimination against Women” Certification Mark (Action Indicator) – page 110