Please refer to PER33587.E of 14 January 2000 and PER33717.E of 4 February 2000 for additional information on state protection available to women who are victims of spousal abuse.

Domestic Violence in Peru

The Ministry of Women and Social Development (Ministerio de la Mujer y Desarollo Social) is responsible for all issues relating to women while the Ministry of Interior (Ministerio del Interior) is responsible for internal security matters, which includes the police (Movimiento Manuela Ramos 14 May 2003).

During a telephone interview, a lawyer with a local non-governmental organization (NGO) specializing in women's rights, the Flora Tristan Centre for Peruvian Women (Centro de la Mujer Peruana Flora Tristan), stated that domestic violence is a "huge," "big" and "frequent" (masivo, fuerte, frequente) problem, which is very present in Peru (Centro Flora Tristan 14 May 2003). A lawyer from the NGO Manuela Ramos Movement (Movimiento Manuela Ramos) also said that the problem was "serious" and "constant" (grave, problema constante) (Moviemiento Manuela Ramos 14 May 2003).

A 2000 survey done by the Family Health and Demographic Survey (Encuesta Demographica y de Salud Familiar) stated that six women out of ten face physical violence in Peru (ibid. 14 May 2003). However, the National Institute of Statistics and Information (INEI), found in its study, also undertaken in 2000, that "34 percent of women were battered by their partners, and that 19 percent of those women were battered frequently" (Country Reports 2002 2003, 32-33). A 2002 study done by the World Health Organization showed that 22.5 per cent of women living in Lima and 46.6 per cent of women in Cuzco have experienced sexual violence at the hands of their spouse (CLADEM n.d., 5). According to the figures in a 2001 study by the Latin American and Caribbean Committee for the Defense of Women's Rights, in Peru (Comite de America Latina y el Caribe para la defensa de los derechos de la mujer, CLADEM-PERU), which are cited in a Flora Tristan report, there are approximately 27,000 declared cases of domestic violence per year (Centro Flora Tristan Sept. 2002, 2). The National Coordinator for Human Rights (Coordinadora Nacional de Derechos Humanos, CNDDHH) states that this represents only a fraction of the actual occurrences of domestic violence (ibid.). A government study from the Research and Registry Office showed that there were 30,090 cases of domestic and sexual violence registered in 2002 in the Women's Emergencies Centres (Centros de Emergencia Mujer) and that there were 212,775 "services" (atenciones) provided to the victims in that same year (Peru n.d.a). Lima had by far the highest number of cases registered and services provided (ibid.). The complete statistics on domestic violence cases for 2002 are available in the attachment entitled "Registro de casos y atenciones de violencia familiar y sexual atendidos en el año 2002."

According to the Manuela Ramos Movement lawyer, approximately 20 per cent of the women in domestic violence situations file complaints (14 May 2003). The Flora Tristan Centre reports that, according to the 2001 CLADEM study, only a third of the sexual violence cases are declared (Centro Flora Tristan Sept. 2002, 3). Both the government and NGOs agree that many domestic violence abuses are not reported, and that, of those that are, the majority do not result in formal charges (Country Reports 2002 2003, 33). The National Coordinator for Human Rights states in a 2000 report that approximately 80 per cent of the domestic violence cases were not reported due to the women's fear and feeling of shame (Centro Flora Tristan Sept. 2002, 3). According to the same source, the main reasons for not reporting the violence are concern about hurting their children (63.4 per cent); not having an independent income (56.7 per cent); no place to seek refuge (28.5 per cent); fear (24.3 per cent); and the belief that being mistreated by one's spouse is normal (17.1 per cent) (ibid.). However, when charges are laid and the National Police do investigate, statistics show that 70 per cent of the domestic violence cases involve physical or sexual abuse, and 30 per cent of the cases are complaints of psychological abuse (ibid.).

The issues facing domestic violence are legal, social and cultural (ibid. 14 May 2003). The Manuela Ramos Movement lawyer summarized the situation by stating that there have been a number of legal achievements but that the application of the law is difficult in light of social and cultural barriers (14 May 2003). A joint study conducted by the Flora Tristan Centre and the Peruvian University of Cayetano Heredia (Universidad Peruana Cayetano Heredia) showed that, in Cuzco, that approximately three out of four women in Cuzco believe that women have a duty to obey their husbands, and four out of five women in Cuzco and Lima believe that family issues should be kept within the family (Centro Flora Tristan Sept. 2002, 3).

According to the Flora Tristan Centre, the government response to the issue is "failing" (fallando) since there are still discriminatory laws and no specific education provided to the people responsible for dealing with this problem (14 May 2003). Furthermore, certain government programmes and policies contribute to the stereotyped perception of women, which is part of the cause of domestic violence, and women in rural areas do not have access to government services (Centro Flora Tristan 14 May 2003). According to the government, in Peruvian society women are commonly perceived as "inferior to men" (las mujeres son inferiores a los hombres), "the man is the head of the household" (el hombre es el jefe de hogar) and his wife and children are considered his property (el hombre tiene derechos de propriedad sobre la mujer y los hijos) (Peru n.d.b, Sec. 1).

Government Response to Violence Against Women

Policy No.7 of the National Agreement of the Government on the Eradication of Violence and Strengthening of Public-Spiritedness and of City Security (Acuerdo Nacional de Gobernabilidad, la Politica No. 7 sobre la Erradicacion de la Violencia y Fortalecimiento del Civismo y de la Seguridad Ciudadana), says that the government [translation] "'will put an emphasis on extending the legal mechanisms with which to confront such deeply rooted violent practices as family mistreatment'" (Centro Flora Tristan Sept. 2002, 4). Policy No. 16 on the Strengthening of Family, Protection and Promotion of Childhood, Adolescence and Youth (Politica No. 16 sobre el Fortalecimiento de la Familia, Proteccion y Promocion de la Niñez, la Adolescencia y la Juventud) mentions that [translation] "'it is government policy to prevent, sanction and eradicate [any] violent acts that take place in the family'" (ibid.). But, according to the Flora Tristan Centre, these efforts are superficial and do not address the daily issues the women face (ibid.). They reveal a lack of communication between the government and the public (ibid.).

In April 2001, the Peruvian government created the High Level Multi-Sectorial Commission (Comisión Multisectorial de Alto Nivel) to establish a five-year national plan (2002-2007) which would address the issue of violence against women (Peru n.d.b). The Commission is presided over by the Ministry of Women and Human Development (Ministerio de Promocion de la Mujer y del Desarollo Humano) and includes the representatives of the Ministers of Education, Health, Justice and the Interior (Ministros de Educacion, de Salud, de Justicia y del Interior) (ibid.). This plan, the first of its kind, is the result of a policy that has recognized the great risks, damages and disadvantages that domestic violence has on more than half the population (ibid.). The Commission reports to the vice-minister's office and is responsible [translation] "for policy proposals, arranging agreements, designing and implementing preventive measures at the national level, supporting the people affected by sexual and domestic violence, and contributing to the improvement of the quality of life of the population" (ibid. 20 May 2003).

The Women's Emergency Centres offer psychological aid, legal assessments, legal defense and social support to the people affected by sexual and domestic violence (Peru 20 May 2003). Their objective is to stop acts of violence, promote protection measures and emotional healing (ibid.). These Centres are the result of contracts between the Ministry of Women and Social Development and public or private institutions that are committed to combating sexual and domestic violence (ibid.). With 37 Centres in 21 regions operating throughout the country, they receive approximately 2,500 reports of abuse per month (Country Reports 2002 2003, 33).

According to the Peruvian government, violence against women is typical, has little visibility and is tolerated by Peruvian society (Peru. n.d.b, Sec. 1). Up until this new, five-year national plan, the government mostly focused on establishing institutions and procedures to assist women in filing complaints and directed much less emphasis toward [translation] "services to care for the women who are victims of violence" (ibid.). Peruvian society in its entirety still has discriminatory attitudes toward women - a phenomenon that also extends to the institutions that deal with women (ibid.). The government admits that the efforts taken to date have proven to be insufficient and, to a large extent, limited to isolated campaigns directed for the most part at urban areas (ibid.). Moreover, the prevention measures taken by the government, still in their initial phase, are also partial and of limited effect (es todavía inicial, parcial y de limitado impacto) (ibid.). The Flora Tristan Centre has added that it too sees the initiatives taken at the political level as [translation] "sporadic, limited, [and] without any real effect" (Sept. 2002, 3).

Law on Protection Against Family Violence

A law on domestic violence was adopted in 1993 (Ley No. 26260, Ley de Proteccion frente a la Violencia Familiar) (Centro Flora Tristan Sept. 2002, 4). According to the lawyer from the Manuela Ramos Movement, this was a "great achievement" (gran logro) since it recognized that domestic violence is not a private family issue but a serious public issue that needs to be addressed (Moviemiento Manuela Ramos 14 May 2003; see also Centro Flora Tristan 14 May 2003). In 1997 the law was amended to better define the "roles and responsibilities of those within the justice system" and to create an "expedited procedure for dealing with domestic violence cases," but the new version still did not address all of its shortcomings (HRW 31 Mar. 2000b). In December 1999, the law was modified again to include sexual violence within the scope of domestic violence (CLADEM n.d., 5). Country Reports 2002 states that the amendment also includes "all intimate partners whether or not the victim and perpetrator had ever lived together" (2003, 33). But a March 2000 press release from Human Rights Watch states that the law still does "not protect women from marital rape or stalking, nor does it apply to women who are harassed or beaten by intimate partners if they are not living together" (HRW 31 Mar. 2000a). In May 2003, a new law was approved by the Parliament, though it has not yet been enacted; this new law, unlike the previous one, does not require the prosecutor to seek reconciliation between victim and abuser as a remedy (Centro Flora Tristan 14 May 2003; Moviemiento Manuela Ramos 14 May 2003). Country Reports 2002 states that Congress approved a law in January 2001 that would no longer make reconciliation sessions mandatory (2003, 33). Prior to the law, conciliation was an obligation before any charges could be pursued in court, not an option (HRW 31 Mar. 2000a). However, though reconciliation was often the remedy sought, it was not the best solution because of a lack of balance of power between husband and wife (Moviemiento Manuela Ramos 14 May 2003).

In addition to the law on domestic violence, the Criminal Code also regulates the situation of domestic violence (Centro Flora Tristan Sept. 2002, 4).

In order to file a domestic violence complaint, which can be oral or in writing, the person must show her or his identity card at a police station or at an office of the Provincial Family Prosecutor (Fiscal Provincial de Familia) (Peru n.d.c). The person does not have to be examined before filing the complaint, but she or he must undergo medical and psychological testing sometime during the process (ibid.) Visible injuries are not necessary to file a complaint (ibid.). Either the victim or a family member can file the complaint (ibid.).

Although the law officially recognizes psychological abuse, lawyers claim that in practice it is not recognized (Centro Flora Tristan 14 May 2003; Moviemiento Manuela Ramos 14 May 2003). Human Rights Watch reports that there is a "reluctance to recognize and accept psychological violence as a real harm to be investigated" (31 Mar. 2000b). Therefore, if a woman has no traces of physical abuse, her complaint is often not treated seriously by police (Moviemiento Manuela Ramos 14 May 2003; Centro Flora Tristan 14 May 2003). This means that although psychological abuse is a felony, incidents of it [translation] "almost never end up before a Criminal Judge since forensic doctors rarely consider that the disability suffered is more than ten days" (ibid. Sept. 2002, 6). Such a view is incompatible with the Convention on the Elimination of All Forms of Discrimination Against Women (CEDAW), which includes mental damages against women as well as threats (ibid., 7). As a result, non-visible damages can prevent a woman from benefiting from all of her rights for more than the ten days forensic doctors believe a woman can suffer from mental anguish (ibid., 7).

There are two possible procedures to follow after a woman files a domestic violence complaint: a [translation]

"special" procedure under the Domestic Violence Law which has a preventive and conciliatory mandate but has no punitive provisions [nor any other civil procedures available], and a criminal procedure under the Criminal Code that establishes a punishment which depends on the length of time the victim is disabled (Centro Flora Tristan Sept. 2002, 5, 7).

Once a domestic violence complaint is filed, a forensic doctor or psychologist from the government Institute for Legal Medicine (Instituto de Medicina Legal del Estado), which falls under the Public Ministry (Ministerio Publico), determines the length of time the victim will be disabled (ibid.). According to the Public Defender Specializing in Women's Rights (Defensoria Especializada en Derechos de la Mujer de la Defensoria del Pueblo), women generally go to the medical institute first although some do not make a complaint with the police after having seen the doctor (ibid., 5). Moreover, the Institute does not offer services throughout the country, so many women in rural areas cannot file a complaint because they are unable to see a forensic doctor (ibid., 8). As well, some women, after making the complaint with the police, do not choose to see the doctor, and they abandon their case (ibid., 5).

If the disability time is deemed to be less than ten days, the violent act is considered to be a "'misdemeanor'" (falta) under the Criminal Code, which generally ends up in a conciliatory agreement (ibid., 5). If the disability time is deemed to be more than ten days, it is then considered a "'felony'" (delito), and the matter will be brought before a criminal judge (ibid.). HRW reports that "the vast majority of domestic violence cases are classified as misdemeanors" and end up before a justice of the peace, which has an effect on the protection and redress available to the victim (HRW 31 Mar. 2000b). Domestic violence misdemeanor offences are sanctioned by a maximum of 20 to 30 days community service and a fine (ibid.). But, according to the Flora Tristan Center, in practice, misdemeanor perpetrators do not face any sanctions (Sept. 2002, 5).

Even though a criminal procedure is in place, a "'special'" procedure is also engaged at the same time (Centro Flora Tristan Sept. 2002, 5). The case is first transferred to the prosecutor (fiscal) who acts as a mediator with the mandated obligation to bring about conciliation (ibid.). The victim does not have to assist, but, generally, if she does not, her rights will not be protected since the majority of the prosecutors have the family's protection in mind rather than the victim's (ibid., 5, 7). Prosecutors prefer to resolve the case through mediation rather than prosecution (HRW 31 Mar. 2000b). In Lima, in 1996 and 1997, for every 45 domestic violence cases, prosecutors issued protective measures to only one (ibid.). The women are often pressured into accepting conciliatory agreements without ever obtaining repair for the damages or seeing their perpetrator admit culpability (Centro Flora Tristan Sept. 2002, 7). The prosecutor can order protection measures but rarely does so (ibid., 5). If no conciliation agreement is reached then the same prosecutor will represent the victim before a Family Court judge who can also order protection measures (ibid.).

Forensic Examinations

The course of the criminal procedure depends on a "subjective evaluation" (evaluacion subjetiva) of the extent of the victim's injuries by forensic doctors (ibid., 6). Therefore, two similar cases may end up with very different results (ibid.; HRW 31 Mar. 2000b). According to CLADEM, forensic doctors still have a "traditional, damaging and stereotyped perception" (percepcion tradicional, perjuiciosa y estereotipada) of the nature of the offences (n.d., 6). The injuries are "frequently minimized," resulting in domestic violence cases being classified as misdemeanors (HRW 31 Mar. 2000b). According to women's reports of the experience "exams [are] often quick, cursory and [do] not include basic tests and measurement of bruises and lacerations nor [are] photographs taken of their injuries" (ibid.). In addition, x-rays are difficult to obtain, and psychological testing is only available upon referral from the authorities, including the police, prosecutors and judges (ibid.).

In 1999, the Public Ministry of Statistics and Planning (la Gerencia de Planificacion y Estadistica del Ministerio Publico) reported that the Institute for Legal Medicine examined 3,621 people, out of which 3,204 were women (CLADEM n.d., 6). Of that total number, 1,735 had a negative outcome, which means that the 1,735 complaints were filed in the archives because the persons examined showed no signs of having suffered physical violence according to the forensic doctor (ibid.). However, the doctors classified 1,548 cases as violations of "'sexual honor'" (violacion de "honor sexual"), 98 as "violations against 'nature'" (violacion contra "la natura"), 121 as "violations 'with injury'" (violacion "con lesiones") and 119 as abortion (ibid.). Sexual honour offences were abolished in 1991, yet forensic doctors still use the term (ibid.). The 2001 report from CLADEM, quoted by the Flora Tristan Center, estimates that forensic doctors see approximately 20 victims of sexual violence a day (Centro Flora Tristan Sept. 2002, 3).

Management of the Complaints

When police complaints are medically recognized by forensic doctors, "few" (pocas) become criminal matters before the Public Ministry (CLADEM n.d., 6). From January to October 1998, the Ministry registered 528 complaints of "violation against sexual freedom" (violacion de la libertad sexual) offences (ibid.). Out of the 34 cases of sexual violence before the Supreme Court between January and May 2002, 18 ended in a sentencing, although the sentences were revoked in eight of those cases (ibid., 7).

Many women abandon their claims for different reasons (ibid.): they do not believe their rights are protected with the current legislation; there is a general mistrust of the justice system in Peru; and the treatment they face during the whole police and penal process is "degrading, discriminating and humiliating" (el trato vejatorio, discriminatorio y humiliante) (ibid., 6-7).

The police, judges and prosecutors do not take into consideration the pressures the women face when their perpetrator is a family member with all the economic advantages of the household, a situation which also contributes to women abandoning their claims (ibid., 7). The judicial system in its entirety, from police to forensic doctors, state prosecutors and judges, seems to be "fraught with bias" (HRW 31 Mar. 2000a). Police and forensic doctors sometimes treat women in a "hostile and degrading manner," prosecutors do not request protection measures and judges "minimize the harm that domestic violence causes" (ibid.). In the course of its investigations in Peru, HRW found that

there are four critical ways in which this bias is expressed. First, the police are often unresponsive or even hostile to women who report domestic violence. Second, forensic doctors in the Institute for Legal Medicine (IML, its Spanish acronym) frequently minimize injuries sustained in domestic violence incidents. Third, state prosecutors fail to duly investigate and prosecute domestic violence cases, preferring to hold mediation hearings even when the victim's life may be at risk. Because she cannot count on prosecutors to perform their duties, a victim must hire her own legal counsel to usher her case through the system if she wishes to see her batterer held accountable. Fourth, neither prosecutors nor judges make sufficient use of protection measures to shield women from future violence (31 Mar. 2000b).

Women's rights activists, domestic violence lawyers, judges, government officials and prosecutors all admitted to Human Rights Watch that a case goes through the legal system only if the victim hires her own lawyer (31 Mar. 2000b).

But in the case of misdemeanors, which bypass the Public Ministry system and are referred directly to justices of the peace, the women have to represent themselves (HRW 31 Mar. 2000b). HRW claims that "this is not an adequate or satisfactory system" (ibid.). The justices of the peace are "often the only judicial authority in rural areas," yet their powers are limited (ibid.). For instance, they "cannot issue protection orders in misdemeanor cases, ... and [they] have limited powers to enforce any sentences that are imposed" (ibid.). This means that if an abuser does not respect a restraining order, he will be sanctioned with a small fine or community service for contempt of court (ibid.).

Women generally do not press charges "due to fear of retaliation from the accused spouse, or because of the cost involved in pursuing a complaint" (Country Reports 2002 2003, 33). Country Reports 2002 also identified as problems, the delays in the legal process to obtain protection, the "lack of alternative shelter and income for victims" and "ambiguities in the law" (ibid.). Very few cases end up before a court and the process is very slow (Centro Flora Tristan 14 May 2003). With very few protection measures given to women, the judges and prosecutors are not offering them protection from their abusers (ibid.). A study done by the Ombudsman in Lima showed that no protection measures have been provided in Callao, the harbor near Lima, in the past two years (ibid.).

Training sessions

The law requires the government to establish training sessions (Moviemiento Manuela Ramos 14 May 2003). The government's objective for the training sessions is to educate 500 police officers in Lima and in six regional capitals where there are Centres for domestic violence (Peru n.d.d). In 2002, a number of consultancy agreements were signed with various civil society organizations in order to educate the Peruvian National Police (Policia Nacional del Peru, PNP) on human rights matters (Centro Flora Tristan Sept. 2002, 6). On 15 May 2002, the Ministry of Interior signed contracts with the Flora Tristan Centre and the Manuela Ramos Movement to establish training sessions for the police on women's rights issues and domestic and sexual violence (ibid.). According to the Flora Tristan Centre, these sessions are held in the major cities of Peru, and not in rural areas or even mid-sized cities, which is [translation] "a great additional weakness" (ibid.). The Manuela Ramos Movement organizes training sessions with judges, prosecutors, police and other people who are in contact with women in violent situations (Moviemiento Manuela Ramos 14 May 2003). Based on its experience in these training sessions, the lawyer for Manuela Ramos said that the judges and prosecutors have difficulty understanding the issues surrounding domestic violence (ibid.). Country Reports 2002 reported victims accusing judges of seeming to treat more favorably rape victims who were virgins (Country Reports 2002 2003, 34).

Also involved in training is the Ministry for Women and Social Development (MIMDES) which, with the assistance of NGOs, educates and trains police on domestic violence issues (ibid.). However, even with all these efforts, the police, according to the Human Rights Ombudsman's Office, still "reacted indifferently to charges of domestic violence" (ibid.).

As for information sessions for women, the few that are organized face cultural and social barriers (Moviemiento Manuela Ramos 14 May 2003). The communities, families and police pressure the women to keep them from placing complaints (ibid.). In certain provincial areas of Peru, this is a "very important" phenomenon (muy fuerte) (ibid.). Moreover, because of a lack of information in many regions, women do not know their rights and do not know where to go if they are in distress (ibid.). The proper efforts are not given to solve this problem (ibid.). According to the Flora Tristan Center, only 15 per cent of the women who report cases of abuse are aware of the existence of legislation protecting them against violence (Sept. 2002, 7).

Police Response to Domestic Violence

The ability of women to acquire protection begins with the "responsiveness and competence of the police" since they are the first step in gaining access to the justice system (HRW 31 Mar. 2000b). However, in practice, police "often require women to undergo a forensic examination" before filing a police complaint, thus creating a delay in the process (ibid.). Furthermore, if the women, for whatever reason, choose not to return with the forensic exam results, there is no record of their statement and no police follow-up (ibid.).

There are two types of police stations: ordinary police stations (Comisarias) and police stations for women (Comisarias de la mujer) (Centro Flora Tristan 14 May 2003). To address the issue of the [translation] "total impunity of the accused," ordinary police stations now include special sections to deal with family issues (Peru 20 May 2003). The process for dealing with domestic violence cases are the same in both institutions; the one difference is that the Comisarias de la mujer only deal with domestic and sexual violence issues (Centro Flora Tristan 14 May 2003). There are six Comisarias de la mujer in Lima (ibid.).

The lawyer for the Manuela Ramos Movement said that domestic violence cases are difficult to deal with because the responsibility for the abuse is often put on the women (Moviemiento Manuela Ramos 14 May 2003). The police officer taking her deposition will ask questions such as, "What did you do to deserve this? Do you really want to hurt your husband and your family by lodging an official complaint?" (ibid.). In addition, as has been mentioned already, many women fear filing sexual abuse complaints (Country Reports 2002 2003, 34). This is especially so when the perpetrator is a police officer (ibid.).

Other factors which make handling domestic violence incidents difficult include the fact that proof is hard to gather since the police usually only consider the couple's statements and the medical report, seldom taking into account other proofs such as witness testimony (Moviemiento Manuela Ramos 14 May 2003). HRW has also noted that the medical report is "often the only evidence" available to corroborate the victim's statement (31 Mar. 2000b). The police face the problem of women who file a complaint and then fail to return to follow through with the process (Moviemiento Manuela Ramos 14 May 2003). The lawyer for Manuela Ramos reports that there is a high percentage of abandoned cases because the women either reconcile with their spouse or become too afraid to pursue the matter (ibid.). Although, the Family Violence Law does require the police "to investigate all reported cases of domestic violence, regardless of whether the victim pursues the charges (HRW 31 Mar. 2000b), the police will not act on their own; they wait for the women to return to continue the procedures (Moviemiento Manuela Ramos 14 May 2003).

However, the law does not permit police to detain a suspected aggressor nor give them preventive restraining powers (Centro Flora Tristan Sept. 2002, 5). A detention order can only come from a prosecutor or a judge (ibid.). Since it usually takes six months before a judge sees the case, the "perpetrator remains unpunished and - worse - he can repeat the offense without any restriction" (el perpetrador de la violencia queda impune y - peor - puede repetir la ofensa sin restriccion alguna) (ibid.).

The police response to domestic violence complaints reveals many deficiencies that have been documented by Human Rights Watch, including "mistreatment of women filing complaints, inadequate investigations, unnecessary delays, and practices that jeopardize women's safety and physical and psychological integrity" (HRW 31 Mar. 2000b). For instance, the Family Violence Law requires that the prosecutor determine whether the offence is a misdemeanor or a felony; however, in practice, the police bypass the prosecutor and, when they deem the case to be a misdemeanor, refer the person directly to a justice of the peace (ibid.).

Convention on the Elimination of All Forms of Discrimination Against Women Report

The last Peruvian report on its implementation of the Convention on the Elimination of All Forms of Discrimination Against Women covered the period from July 1998 to July 1999 and was submitted in March 2001 (UN 6 March 2001).

This Response was prepared after researching publicly accessible information currently available to the Research Directorate within time constraints. This Response is not, and does not purport to be, conclusive as to the merit of any particular claim to refugee status or asylum. Please find below the list of additional sources consulted in researching this Information Request.

References

Country Reports on Human Rights Practices for 2002. 2003. United States Department of State. Washington, DC. http://www.state.gov/documents/organization/Section5women [Accessed 27 May 2003]

Centro de la Mujer Peruana Flora Tristan. 14 May 2003. Telephone interview with a lawyer for the organization.

_____. September 2002. "'El Estado de los Derechos Sexuales y Reproductivos en el Perú y la Convención para la Eliminación de Todas Formas de Discriminación Contra la Mujer (CEDAW)'." Document received in 15 May 2003 correspondence from the Centro de la Mujer Peruana Flora Tristan.

Comite de America Latina y el Caribe para la defensa de los derechos de la mujer (CLADEM). n.d. "Informe alternativo de CLADEM Peru sobre la aplicación de la convencion para la eliminacion de todas las formas de discriminacion contra la mujer en el Peru." Document received in 15 May 2003 correspondence from the Centro de la Mujer Peruana Flora Tristan.

Human Rights Watch (HRW). 31 March 2000a. "Peru Must Act to Improve Domestic Violence Law." (Press Release) http://hrw.org/press/2000/03/peru0331.htm [Accessed 26 May 2003]

_____. 31 March 2000b. Women's Rights Division. "Peru: Law of Protection from Family Violence." (HRW memorandum). http://www.hrw.org/backgrounder/wrd/peru-women.htm [Accessed 26 May 2003]

Movimiento Manuela Ramos. 14 May 2003. Telephone interview with a lawyer for the organization.

Peru. 20 May 2003. Ministrio de la Mujer y desarollo social. Correspondence from an official.

_____. n.d.a. Ministrio de la Mujer y desarollo social. "Registro de casos y atenciones de violencia familiar y sexual atendidos en el año 2002, según departamento." http://www.mimdes.gob.pe/pncvfs/reg-2002.htm [Accessed 15 May 2003]

_____. n.d.b. Ministrio de la Mujer y desarollo social. "Plan Nacional contra la violencia hacia la mujer 2002-2007." http://www.mimdes.gob.pe/pncvfs/plannacional2002_2007.doc [Accessed 14 May 2003]

_____. n.d.c. Ministrio de la Mujer y desarollo social. "Como denunciar casos de violencia." http://www.mimdes.gob.pe/pncvfs/capacitacion_policias2.doc [Accessed 14 May 2003]

_____. n.d.d. Ministrio de la Mujer y desarollo social. "Capacitacion sobre genero y violencia familiar al personal de las delegaciones policiales." http://www.mimdes.gob.pe/pncvfs/capacitacion_policias2.doc [Accessed 14 May 2003]

United Nations. 6 March 2001. Committee on the Elimination of Discrimination Against Women (CEDAW). "Consideration of Reports Submitted by the States Parties Under Article 18 of the Convention on the Elimination of All Forms of Discrimination Against Women. Fifth Periodic Reports of States Parties: Peru." (CEDAW/C/PER/5). http://www.hri.ca/fortherecord2002/documentation/tbodies/cedaw-c-per-5.htm [Accessed 27 May 2003]

Attachment

Peru. n.d. Ministerio de la Mujer y Desarollo Social. "Registro de casos y atencionaes de violencia familiar y sexual atendidos en el año 2002, segun departamento." http://www.mimdes.gob.pe/pncvfs/reg-2002.htm [Accessed 15 May 2003]

Additional Sources Consulted

Unsuccessful attempts to contact the Ministry of Interior.

Internet sites, including:

Centro de documentacion sobre la mujer

Comision Andina de Juristas

El Comercio [Lima]

Fempress

Centro de la Mujer Peruana Flora Tristan

Manuela Ramos

Ministerio del Interior

UNDP

Women's Human Rights Net

Women's Human Rights Resources, University of Toronto