Inter-American Court of Human Rights: PERU IS RESPONSIBLE FOR DISCRIMINATION DUE TO SEXUAL ORIENTATION

San José, Costa Rica, April 11, 2023.- In the Judgment notified today in the Case Olivera Fuentes v. Peru, the Inter-American Court of Human Rights found the State of Peru internationally responsible for the violation of the rights personal liberty, judicial guarantees, private life, equality before the law and judicial protection to the detriment of Mr. Olivera Fuentes, due to the administrative and judicial responses granted by the national authorities to the complaint filed by him, alleging that on August 2004, he was discriminated against in a supermarket cafeteria because of his sexual orientation.

On August 11, 2004, Crissthian Manuel Olivera Fuentes and his same-sex partner were in a cafeteria located in a supermarket in Lima. During his stay at the commercial establishment, Mr. Olivera and his partner were making demonstrations of affection. A customer of the establishment filed a complaint with the supermarket manager, stating that he was “uncomfortable and annoyed” by the “attitude” of Mr. Olivera and his partner. As a result of said complaint, the manager of the store, together with members of the security personnel, approached the couple and urged them to stop “their love scenes out of respect for the other customers”, since one of them complained because “there were children who were circulating for the games.” The store manager told them that they had to buy merchandise from the cafeteria and refrain from their affective behavior in order not to bother the customers, or else, they had to leave the establishment.

El resumen oficial de la Sentencia puede consultarse aquì­ y el texto ì­ntegro de la Sentencia puede consultarse aquì­.