- Supreme Decree No. 009-2016-MIMP Chapter II, Article 84.2. In the event of the refusal of an employer to grant a change of workplace to protect against further acts of domestic violence, the alleged victim may apply to the competent court for a change in the place or time of work as a protective measure.
- Supreme Decree No. 009-2016-MIMP Chapter II, Article 86.1. In conjunction with the protective measures provided for in Article 16 of the Law, the family court or its equivalent will order the Ministry of Labor and Employment Promotion (MTPE) to provide relevant services to the victim.
- Law No. 30364, Article 11(d). The judge in charge of the proceedings may, at the request of the victim and depending on the seriousness of the situation, grant up to a maximum of five consecutive months of suspension of the employment relationship without remuneration.
- Law No. 30364, Article 11(b). A worker who is a victim of violence has the right to change their place of work as far as possible and without prejudice to their remuneration and category rights. The same applies to working hours, if appropriate. The worker must return to their workplace under the same conditions that existed at the time of suspension of the employment relationship.
- Supreme Decree No. 009-2016-MIMP Chapter II, Article 83.1. The Ministry of Labor and Employment Promotion is responsible for issuing specific measures to ensure that no worker is dismissed for reasons related to acts of violence regulated by law.
Peruvian laws and regulations do not contemplate the role or rights of family members of the victim.
Note that under Peruvian legislation, there are many legal mechanisms that fight against domestic violence in the workplace. These rules include situations of sexual and workplace harassment. However, in the vast majority of cases, these situations are not reported by the victim and if they are, the responses are minimal or null. This lack of effectiveness in the process is mainly due to the following reasons:
- There has been a lack of education and empowerment of women since childhood. At the beginning, it is difficult for the victim to identify that they are in a violent workplace situation (e.g., sexual harassment).
There are educational programs that fight against violence and promote gender equality and there are many initiatives that aim to influence knowledge, attitudes and behaviors of young people through life-skills programs. However, more effective measures must be taken.
- Victims feel shame and fear of imminent social stigmatization and possible reprisals. In many cases, the aggressor is an individual that has a higher position than the victim. Thus, fear and the stability of the victim's mental health end up discouraging them from making a complaint.
- There are often ineffective response mechanisms in work centers. It is very common for victims of sexual harassment not to feel supported by their workplace. Therefore, since their environment does not guarantee them security to report their aggressor, it is very unlikely that they will do so (little trust in the system).
No, the law does not include any specific regulation on this matter.
Note that item 29(c)(iii) of Recommendation 35 repeals restrictive immigration laws that discourage women, including migrant domestic workers, from reporting violence against women.[25] Under Peruvian legislation, there are no specific immigration laws that protect immigrant women from violence.The law does not include any barriers to prevent landlords from forcing a tenant to move out, but under Section 1 of Article 22 of Chapter II (Object and types of protective measures), in Law No. 30364, the law allows for the removal of the aggressor from the victim's home, as well as the prohibition of the aggressor returning to the victim's home. The Peruvian National Police may enter the victim's home for execution of the protective measure.
Additionally, under Section 7 of Article 22 of Chapter II of Law No. 30364, the law allows for "Prohibition to dispose of, alienate or pledge or mortgage common real or personal property." This law could arguably be used to prevent landlords from forcing a tenant to move out because they are victims of domestic violence when they try to remove the victim from their real property.Yes, under Article 22-B of Chapter II of Law No. 30364:
On its own initiative or at the request of the victim, the family court, at the oral hearing pronounces on precautionary measures that safeguard claims for…disposition of property and other related aspects that are necessary to guarantee the well-being of victims, dependent persons or persons in a situation of vulnerability under the care of the victim.
Additionally, under Section 7 of Article 22 of Chapter II of Law No. 30364, the law allows for "prohibition to dispose of, alienate or pledge or mortgage common real or personal property."Subsection 6 of Article 36 of the Criminal Code establishes a suspension penalty enforcing i) the suspension or cancellation of the authorization to possess or use guns, or ii) the definitive inability to renew or obtain a license or certification from the competent authority to possess or use guns in the case of a sentence for a criminal offense or an offense committed under the influence of alcohol or drugs. This means that a domestic violence conviction prevents an abuser from owing guns.
Yes, subsection 4 of Article 22 of Law No. 30364 establishes that the Superintendence of Control of security services must seize the firearms of people subject of the protection order.