Peru passes law classifying people who identify as transgender, nonbinary and intersex as “mentally ill”
The South American nation of Peru has passed a resolution that classifies individuals who identify as transgender, non-binary and intersex as “mentally ill.” The decision will alter the language in the Essentials Health Insurance Plan to reflect that trans and intersex people have a mental disorder.
It was officially signed by Peruvian President Dina Boluarte, Health Minister Cesar Vasquez and Economic and Finance Minister Jose Arista last week. It was meant to ensure that comprehensive mental health services for the transgender community could “guarantee full coverage of medical attention for mental health,” the Peruvian Ministry of Health (MINSA) explained.
The new law received backlash from LGBTQ+ activist groups across Peru.
Jheinser Pacaya, director of OutfestPeru, considers this a substantial setback. Pacaya wrote on X: “100 years after the decriminalization of homosexuality, the [MINSA] has nothing better to do than to include trans people in the category of mental illnesses. We demand and we will not rest until its repeal.”
Percy Mayta-Tristan, a medical researcher at Lima’sScientific University of the South, told The Telegraph that the decision showed a lack of awareness around the complexity of LGBTQ+ issues. “You can’t ignore the context that this is happening in a super-conservative society, where the LGBT community has no rights and where labeling them as mentally ill opens the door to conversion therapy,” he said.
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“The Peruvian government should discard this biased and unscientific decree and aim to implement the [World Health Organization’s] updated classification of diseases concerning sexual orientation and gender identity,” wrote Cristian Gonzalez Cabrera, a senior researcher with Human Rights Watch. “It should also consult with Peru’s LGBT organizations about how best to ensure their communities’ rights to physical and mental health through rights-respecting and proportionate public policies.”
Defending the decree, the nation’s health ministry maintained that despite the modified classification, the LGBTQ+ community will not be subjected to mandatory conversion therapies.
Gender dysphoria technically classified as a mental illness in America
In the United States, gender dysphoria is still technically classified as a mental illness. The condition was previously recognized in psychiatry and psychology as gender identity disorder (GID). GD replaced GID as the preferred term in 2013 with the publication of an updated “Diagnostic and Statistical Manual of Mental Disorders.”
The term “mental illness,” according to the American Psychiatric Association, “refers collectively to all diagnosable mental disorders.”
U.S. Rep. Robert Garcia (D-CA) condemned Lima’s May 10 decree that classifies transgender, nonbinary and intersex individuals as “mentally ill.” According to Garcia, the move was “discriminatory, dangerous and shameful.”
“As a gay Peruvian American and the first Peruvian American to serve in Congress, it is clear to me the decision by the Boluarte administration and the right-wing Congress to attack and label trans and intersex Peruvians as ‘mentally ill’ is discriminatory, dangerous and shameful,” Garcia said in a statement.
“Instead of working on real problems – democratic backsliding, illegal mining and logging and worker exploitation – this extreme measure moves Peru backward. I’ll be working directly with the State Department to push back on this direct attack on LGBTQ+ Peruvians.”
The congressman said his office would work with the State Department to coordinate a response and apply diplomatic pressure on the Peruvian government to reverse the policy. The gay representative also expressed that he will not be attending a June event with the country’s embassy to signify his disagreement with the said measure.
Garcia was elected in September as co-chair of the Congressional Caucus on Peru, a bipartisan group that aims to strengthen the U.S. relationship with the Peruvian people about topics of common interest, bipartisan events, and the promotion of cultural ties.
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