Peru Faces Backlash Over Decree Labeling Transsexuality as a ‘Mental Disorder’

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Hundreds of protesters marched in Lima, the capital city of Peru on Friday, demanding the repeal of a new law that classifies transgender individuals, among others, as having a mental illness to qualify for health benefits.

Approximately 500 demonstrators peacefully traversed the streets of downtown Lima, holding banners with slogans such as “No more stigmas” and “My identity is not a disease”, Reuters reported.

The controversial law, approved administratively last week by President Dina Boluarte’s government, categorizes those who identify as transgender, along with “cross dressers” and others with “gender identity disorders,” as having “illnesses” eligible for mental health services from both public and private providers.

On May 10, the Peruvian government updated its list of insurable health conditions, which since 2021 has included benefits for mental health treatment. This update now encompasses services for transgender individuals.

However, the decree from the health ministry controversially describes being transgender as a “mental disorder,” a term that the World Health Organization officially abandoned long ago.

In response to this decree, a demonstration is planned for Friday in Lima, coinciding with the International Day Against Homophobia, Biphobia, and Transphobia. Protesters are expected to rally against the stigmatizing language and demand the repeal of the decree.

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Despite the backlash, the government has stated that it will not retract the decree. Carlos Alvarado, a health ministry official, explained to AFP that removing the decree would effectively “remove the right to care” for those who need it.

The ministry has consistently maintained that it does not view gender diversity as a mental illness.

In a statement, it emphasized its “respect for gender identities” and its “rejection of the stigmatization of sexual diversity.”

The decree, according to the ministry, aims to extend mental health coverage to ensure the “full exercise of the right to health and well-being” for those seeking or requiring such services.

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The government’s insistence on maintaining the decree has sparked significant controversy and highlighted the ongoing struggle for transgender rights and recognition in Peru.

Protesters argue that the decree, while intended to provide access to mental health services, inadvertently perpetuates harmful stereotypes and stigmatization of the transgender community.

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