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COMITÉ LATINOAMERICANO Y DEL CARIBE PARA LA DEFENSA DE LOS DERECHOS HUMANOS DE LAS MUJERES – CLADEM
ALTERNATIVE REPORT OF THE CONVENTION ON THE RIGHTS OF
THE CHILD (BOYS, GIRLS AND ADOLESCENTS)
PERU PERIOD 2005
Document elaborated by CLADEM – PERU
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COMITÉ LATINOAMERICANO Y DEL CARIBE PARA LA DEFENSA DE LOS DERECHOS HUMANOS DE LAS MUJERES – CLADEM
EXECUTIVE SUMMARY
The purpose of this Alternative Report is to report priority the problematic of the recognition
and exercise of the rights of the child, intertwining them with the right to life, to the equality
and not discrimination, established in articles 7°, 24°, 32° and 34° of the Convention on the
Rights of the Child (hereinafter, “The Convention”).
RIGHT TO THE IDENTITY
The Peruvian State does not recognize the discrimination, problem that suffers the sons and
daughters borned out of marrige, related to the right of the child to preserve his or her
identity, including a name. The Ombudsman Office has recommended to the Peruvian
Congress1:
 To Modify articles 21° and 392° of the Civil Code and article 37° of the Inscription
Regulation of the “National Registration of Identification and Civil Status (“Registro
Nacional de Identificación y Estado Civil”, hereinafter, “RENIEC”), in order to register
those sons or daughters borned out of marriage with the surname of the presumed
ancestor who did not recognize them; with the only statement of the mother or father
that recognize them and without establishing a filial relation with the first one. It
includes the possibility that the mother or father who sign the child could consign the
name of the indicated ancestor.
 To Modify article 1° of the Law Nº 27188, that modified article 53° of the Supreme
Decree N° 017-93-JUS, in order to offer competence to the family judges to be in
charge of the usurpation name processes in those cases in which the plaintiff
considers that is being affected by the registration of his/her name in any birth
certificate.
The phenomenon of the not-recognition only affects single mothers and especially
adolescents mothers, not affecting fathers, implying the demonstration of a discriminatory
treatment, that specially affects to the son or daughter not recognized by his/her father. This
prohibition hurts the rights recognized by paragraphs 1) and 2) of article 2º of the Political
Constitution, which are related to the rights to the identity and equality; article 6° referred to
the not discrimination between marital and out of marrige children; Children and Adolescents
Code, as well as the International Conventions related to the Infancy and Human Rights,
ratified by the Peruvian State. In spite of the recommendation of the Ombudsman office, the
Republic Congress archived (May, 2005) two Law projectsi that proposed to modify the laws
established in the civil code according to the recommendations of the Ombudsman Office.
RIGHT TO HEALTH AND MEDICAL ASSISTANCE
In Peru, twelve of each hundred pregnants are teens, this adolescents mothers percentage
has not reduced during the last years. In 2000, the cases registered were 13% and until
2004 the cases registered were 12,7%. The adolescent girls of the Oriental Region (Forest)
present a greater incident (29%). According to the National Survey of Homes of the last year
(“Encuesta Nacional de Hogares”, hereinafter, “ENAHO 2004”) a 30% of these mothers are
19 years old, and other 10% are 17 years old. ii
If it seems that there is a light percentage decrease, but actually, if we compare the number
of teen mothers between 15 and 19 years old during the period 2000-2004, there is an
increment of 2,211 new teen mothers.
The public policies directed to prevent, through the information and sensitivity, the topic of
the adolescent pregnant results almost non-existent for the State, although this topic is one
of the actions predicted in the National Plan of Action by the Infancy and Adolescence 20022010, even though Peruvian Government has done little in favor of it.
1
By means of the Defensorial Report N° 74
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COMITÉ LATINOAMERICANO Y DEL CARIBE PARA LA DEFENSA DE LOS DERECHOS HUMANOS DE LAS MUJERES – CLADEM
INSTITUTIONALIZED GIRLS
Law N° 28330iii, modified some articles of the Children and Adolescents Code, regarding the
tutelary investigation processiv, giving competence to the Woman and Social Development
Ministry (hereinafter, “MIMDES”), principal entity of the integral attention system of the boy,
girl and adolescent, to carry out the mentioned process. Nevertheless, up to date this
competence has not been assumed by the MIMDES. Until this competence will not be
assumed formally by the MIMDES, the Judicial Court is in charge to resolve the problems of
this social group, because of the lack social politics of protection of the Peruvian State.
In spite of the great importance and significance of this law and having been approved on
August, 2004, with a term of 60 work days in order to be regulated, it has elapsed more than
one year and at the present time the regulation has not been approved. In this sense, the
Judicial Court continues in charge of this kind of process, which results a cultural and social
situation more than a legal one, due the nature of the said process, in which does not exist
controversy between the parties.
EDUCATION
Data about education in Peru refers that the public investment in this component, is one of
the lowest of the region. Between 1992 and 2001, the Central Government assigned to the
education an annual average of 16% of its general investment, while Ecuador did it in a 18%,
the same as Chile, and Colombia did it in 20%, being Mexico the country that invested a
greater percentage equivalent to the 26%.
In andean and amazonian zones, the crossing between poverty and cultural ethnic
characteristics, produces low quality in education, preserving the historic exclusion of these
human groups and limiting the development possibilities of these zones. It deserves special
preoccupation the situation of the girls, the same ones that have less opportunities and
greater discrimination also in their reference communities. The poor peruvian population and
those who live in severy poverty only can accede (with luck) to the state educational system,
which is characterized for its low quality and very bad infrastructure. In our country the 54%
of the population is poor2, the severy poors inahibtants represent the 24% of the total of the
population3. The poverty in rural zone affects to the 78,4% of the inhabitants and the 51% of
the rural inhabitants are severy poor, while in the urban area 42% of the inhabitants are poor
and 10% extreme poor.
The Multisectoral Educational Promotion Committee of Girls and Adolescents (2003)4 is the
responsible to propose and reach poilcies and actions for the fulfillment of the objectives
established in Law Nº 27588, “Education of Rural Girls and Adolescents Promotion Law” 5.
But, lamentably, after to years of the installation of the mentioned Committee, it does
not fulflll with its responsabilities, due to the lack of regulation of the Law Nº 27588.
PROTECTION OF THE CHILDREN ECONOMIC EXPLOITATION
The child domestic work (hereinafter, “CDW”), also called services realized in third persons
homes, is a work carried out especially by young girls and adolescent women. When are
boys who are in charge of the execution of this kind of work, their principal works are
gardening, cleaning (as sweeping, tarpauling or cleaning of windows) and/or security; while
the girls generally are in charge of the household, cooking, ironing and takin care of the
children, old people or sick persons. Many times the girl who works in third persons homes,
loses the bond with her biological family and generally cannot continue with her studies. The
great number of girls who realize domestic work are not registered in the Labor Ministry.
2
It represents 14 millions and 609 thousands persons, according to the Nacional Survey of Homes, INEI, ENAHO IV. 2001
Approximately 6 millions 513 thousands people.
4
Supreme Decree Nº 001-2003-ED, published in the Official Newspaper on January 24th, 2003.
5
It is conformed by the Education Ministry, the Nacional Counsel of Education, the Women and Social Development Ministry,
the Health Ministry, the National Commission of Amazon and Andean Towns, the rural girls and adolscents chosen every year
by the National Commission on the Rights of the Girls, Boy and Adolescents.
3
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COMITÉ LATINOAMERICANO Y DEL CARIBE PARA LA DEFENSA DE LOS DERECHOS HUMANOS DE LAS MUJERES – CLADEM
The Peruvian Code of the Children and Adolescents has not been modified in order to adapt
it to the International Labour Organization Convenant Nº 1386 and 1827, in that way children
can work since 12 years old with authorization of their parents, under the minimum standard
age for work, interfering with children schooling. The Office for Child Protection of the
Peruvian Labor Ministry, entity that is in charge of watching for the security and health care in
the work of the childhood and adolescence, doesn’t count with a methodological guide of
inspection of the adolescent work, even less for the domestic work which is carried out
mainly by girls and young women. Generally, the girls and adolescents that render services
in third persons homes are continued expose to sexual harassment, rape and sexual abuse.
Regarding the familiar work, the stereotyped patterns of behavior continues assigning home
tasks to girls, including the care of other children and old persons.
The National Plan of Prevention and Eradication of the Child Work takes as one of its
intervention approaches, the gender approach. Nevertheless, the mentioned National Plan
does not consider any effective measure to protect the girls who work, especially those that
realize domestic work. The sexual violence against girls that realize domestic work, is a
latent problem that is not mentioned in official reports.
EXPLOITATION AND SEXUAL ABUSE
There is not an adequate system of registration and vigilance of the Commercial Sexual
Exploitation, about it we can affirm the real magnitude of this gender violence. Sadly, the
Peruvian State and the Civil Society has not done any rigorous investigations about this
social phenomenon neither the real magnitude of the child and adolescent pornography,
specially the one that is difuse to other countries through Internet.
An strong punitive and legislative development emphasis exists in Perú, which puts outside
the prevention actions and the adequated social intervention for the eradication of the
Commercial Sexual Explotation of Children (CSEC). The report elaborated by the Multi
sectoral Commission of the National Plan of Action by the Infancy and Adolescence and
presented before the Peruvian Congress, indicates that “In the framework of the National
Plan of Action by the Infancy and the Adolescence, the MIMDES will prioritize the
interinstitutional coordination for the diffusion and effective application of the Law 28251,
about the Commercial Sexual Exploitation of Children, expanding the execution of
agreements in the regions that presents more number of crimes punished by this Law.” 8
The Peruvian State needs to design an adequate state intervention in order to eradicate the
Commercial Sexual Exploitation of Children and Adolescents – CSEC. The policies of
promotion and development of the Tourism, will permit not only a greater economic income,
they are also opportunities for the promotion and development of the common call “sexual
tourism”, the same one that is an expression of the Sexual Exploitation of Children and
Adolescents. The policies of Tourism promotion should predict the design, implementation
and assigment of the attention services, as well as the development of accusation and
protection for victims of commercial and sexual exploitation mechanisms.
6
The Internacional Labor Organization Covenant Nº 138 about the Minimum age of admission to the Employement, 1973. It
was ratified on November 13th, 2002.
7
The Internacional Labor Organization Covenant Nº 182 about the Prohibition of the Worst Forms of Infantile Work, was ratified
on January 10th, 2002
8
http://www.mimdes.gob.pe/noticias/2005/not09jun_1.htm
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COMITÉ LATINOAMERICANO Y DEL CARIBE PARA LA DEFENSA DE LOS DERECHOS HUMANOS DE LAS MUJERES – CLADEM
INTRODUCTION
The present Report has been elaborated by CLADEM-PERU, in the framework of the
mandate established in article 44° of the Convention on the Rights of the Child, through
which we support the actual situation of the Peruvian boys, girls and adolescents about
priority topics for their attention.
With deep preoccupation, CLADEM - Peru notifies before the Committee on the Rights of the
Child, the breach on the part of the Peruvian State respect to the international commitments
assumed within the force of the International Convention on the Rights of the Child
(hereinafter, “The Convention”). This situation also implies the ignorance of the world-wide
consensuses adopted in the International Covenant on Economic, Social and Cultural Rights,
as well as in the agreements before the International Community such as the Millennium
Development Goals (MDGs) –and the goals for the Infancy.
The mentioned breach is expressed, especially regarding to the rights to the education,
health, not institutionalization and to the recreation, in the maintenance of policies, practices
and discriminatory laws, the samen ones that generate situations of violence against girls,
boys and adolescents. Because of it, the purpose of this Alternative Report is to report
priority the problematic of the recognition and exercise of such rights, intertwining them with
the right to the life, to the equality and not discrimination, which are established in the articles
7°, 24°, 32° and 34° of the Convention.
The present report has elaborated within the interpretive frameworks developed through the
General Observations and the specific Recommendations realized by the Committee to the
Peruvian State, in order to contrast them with the Official Report and the Lifting of the
Observations formulated by the Committee.
Though the Report presented by the Peruvian State for the evaluation of the Committee on
the Rights of children in January 2006 corresponds to the period 1998-2002, the evaluation
realized by CLADEM – Perú for the analysis of the present report has had as reference the
said report, the actual situation in which the infancy policies, as well as the advances and
backward movements regarding the infancy and adolescence.
It is important to indicate that in Peru, the situation of the infancy and specially of the first
infancy, is in a little favourable situation respect to their basic needs, which are necessary to
reach their development. According to the report “Toward to the fulfilment of the Millenium
Development Objectives in Peru”v, the malnutrition in the childhood truncates the possibilities
of cognitive and conductual development, hinders the profit and school performance, and
produces permanent negative consequences in people health. In other words, the
malnutrition decreases the future levels of adults labor productivity .
On the other hand, in our country, the Politics and Social Programs depend on the interests
and priorities of each government, but also on the managements carried out in each one of
the social sectors, according to the changes of Ministersvi. This situation has complicated the
course and the conduction of the social topics and the beginning of infancy and family
policies, in spite of variations that occur during a same government and the existence of a
National Agreementvii that contains State politics integrated in four big objectives, the second
of them is referred to the “Equity and Social Justice”, in which is found the Sixteenth political,
the same one that is referred to the “Strengthening of the Family, Protection and Promotion
of the Childhood, the Adolescence and the Youth”.
Also, in the intent to formulate infancy policies, since 1992 Peru has National Action Plans for
Infancy and Adolescenceviii.. In the last Plan 2002-2010, four main principles of the Plan are
recognized: (i) Equality of opportunities for all persons, (ii) to Prioritize the childhood as
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COMITÉ LATINOAMERICANO Y DEL CARIBE PARA LA DEFENSA DE LOS DERECHOS HUMANOS DE LAS MUJERES – CLADEM
subject of rights and base of the development, (iii) The upper interest of the child and his
right to participate, and (iv) The family like fundamental institution for the development of the
human being. Nevertheless, the modifications performed in the structure of the MIMDES
and to its Organization and Functions Regulation, not guarantee a priority attention to the
monitoring and fulfillment of the National Plan of Action for the Infancy.
I.
GENERAL CONTEXT
In Peru, near the 24% of the population is conformed by children and adolescents that are
considered vulnerable people, because they live in a poverty situation, and their ages are
between 6 and 17 years old. This population lives in a risk situation, abandonment, and part
of them are street workersix.
The past June, 2005, Mr Carlos Ferrero, President of the Cabinet during that period,
recognized before the Peruvian Congress that due to the complex situation of the country,
the Peruvian State has not been able to fulfill the goals in order to increase the life standards
of the Peruvian children, girls and adolescents. Also, he recognized that the Executive Power
is not satisfied with the profits that has been obtained through the National Plan of Action by
the Infancy and Adolescence In this sense, he proposed that the planned goals should not
be for ten years, being due to fix annual goals, so the analysis will be more orderly and the
benefit for the children will be greaterx.
The mentioned situation is reflected, especially, in the implementation of a modification in the
organic structure of the MINDES, the same one that does not consider the specificity of the
girls, boys and adolescent rights, integrating the Girls, Boy and Adolescents Directionxi as a
unit of second level, in order to incorporate it to the Family and Community Direction, as it is
explained next. It is precise to indicate that this situation has been developing since 2002,
producing a series of changes that affects the mission for which this entity was created.
Thus, the Law N° 27779xii modified the Legislative Decree N° 560, the same one that
established:
“Article 34°-A.- Denomination and functions of the Woman and Social
Development Ministry.
The Woman and Social Development Ministry designs, proposes and executes the
social and human development politics, promoting the gender equity and the
equality of opportunities for woman, childhood, old persons and the populations
in situation of poverty and extreme poverty, discriminated and excluded”
In 2002, the Organization and Functions Regulation (ROF)xiii of the MIMDES was approved,
by means of which the Girl, Boy and Adolescent Direction is constituted as a dependent
organ of the Woman Ministry. Then, the Law N° 27793xiv, Organization and Functions Law of
the MIMDES, modified the Law N° 27779, conserving the principal function of the Ministry in
which is referred to the equality of opportunities for the childhood; nevertheless, by means of
Supreme Decree N° 011-2004-MIMDESxv the Girl, Boy and Adolescent General Direction is
eliminated as normative technical organ, as principal entity of the politics on childhood and
adolescence, of second level and dependent of the Viceministerial Office of the Girl, Boy and
Adolescent General Direction. For that reason, diverse entities of the civil society, defenders
of children, girls and Adolescents, published in the local newspapers a memorial against this
situationxvi.
It is precise to indicate, that the XVI State Political of the National Agreement compromises
to fortify the principal entity in politics for the childhood and adolescence; nevertheless, it is
evident that the measures adopted by the MINDES during the last years contravene with the
said political commitment since it exiles to the General Direction of Girls, Children and
Adolescents as organ dependent of the Woman Ministry and debilitate its character of
technical regulation instance of the principal entity of the politics of the Childhood and
Adolescence, eliminating the Office of the National Action Plan instead of the Infancy and
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COMITÉ LATINOAMERICANO Y DEL CARIBE PARA LA DEFENSA DE LOS DERECHOS HUMANOS DE LAS MUJERES – CLADEM
Adolescence; as well as the children and Adolescent Office, this last one in charge of the
politics and legislation for the strengthening of the services set against the violation of the
children and girls rights.
These backward movements were matter of a request presented before the Ombudsman
office, in order to initiate the investigations about this situation, request that was presented
on January 31st, 2005, by different organizations of the civil society xvii and it was
communicated to the MIMDES by the Ombudsman office by means of document DP-2005080, dated on March 8th, 2005. The answer offered by the MIMDES to the request
formulated by the Ombudsman office (Office N° 590-2005-MIMDES/DM, dated on May 04th,
2005) establishes that “…the Girls, boys and Adolescents Direction … is in charge of the
new General Direction of the Family and the Community, that will facilitate the articulation of
politics and programs oriented to the childhood and adolescence with those oriented to the
family and its Members”, ignoring the specificity of the boys, girls and adolescents rights,
which are recognized in the Convention on the Rights of the child.
It is precise to indicate that the described situation, is not contemplated in the Third Report of
the Peruvian State, since this Report corresponds to the period 1998-2002. In the National
Report is highlighted the importance of the National Plan of Action by the Infancy and the
Adolescence 2002-2010, important mechanism of monitoring for the fulfillment of the
proposed goals in favor of this population group; nevertheless, up to date the top-level organ
that included an office in charge of the monitoring of this Plan, no longer exists in the organic
structure of the MINDES.
.
II.
RIGHT TO THE IDENTITY
D. Main reasons for preocupation and recommendations of the Committee
4. Civil Right and liberties
SPECIFIC RECOMMENDATION9
Inscription of births (article7)
(...) Regarding article 7 of the convention, the Committee recommends the State Party to
continue adopting measures to guarantee the inscription of the births of all the children
indemediatelly, particularly of those that live in remote rural zones and belong from native
groups.
CRC/C/15Add.120
February 22nd, 2000
A.- Legislation and Public Policies
The Article 21° of the Civil Code establishes that child borned outside the marrige is entitled
to use the surnames of the ancestor which has recognized him or her. If the child is
recognized for both ancestors, he or she is entitled to use the first surname of his or her two
ancestors. Likewise, article 392° of the said Code, establishes that when the father or the
mother did the recognition separately, he or she will not be able to reveal the name of the
person with whom had the son.
By-product of this norm, the Inscription Regulation of the National Identification and Marital
Status Registration (hereinafter, “RENIEC”), approved by means of Supreme Decree N° 01598-PCM, indicates in its article 37° that, when the recognition of the son or daughter borned
outside the marrige was done by the father or mother separately, he or she will not be able to
reveal the name of the person with whom had the son or daughter. The Inspector is
impeded to record any indication on the matter, under responsibility. If the Inspector broke
9
Final Observations and Recommendations of the Committee on the Rights of the Child of the ONU about the situation of the
childhood in Peru. CRC/C/15/Add.120 dated on February 22nd, 2000. Published in the Magazine “Niñez y adolescencia del
Grupo Nacional por los Derechos de la Niñez GIN”. Pages 17-24. Lima, Peru.
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COMITÉ LATINOAMERICANO Y DEL CARIBE PARA LA DEFENSA DE LOS DERECHOS HUMANOS DE LAS MUJERES – CLADEM
this disposition, the information consigned will be consider like not registered and will be
suppressed if the affected person requested it.
B.- Breach of the State in the framework of the Convention (article 7)
The Third Report elaborated by the Peruvian State, about this theme, does not recognize the
problematic of the discriminatory deal that on the right to the identity and to the name suffer
the sons and daughters borner outside the marrige. Although the Ombudsman office
recommends to thePeruvian Congress10:
 To Modify articles 21° and 392° of the Civil Code and article 37° of the Inscription
Regulation of the RENIEC, in order to allow that the son or daughter borned outside
the marrige can be registered with the surname of the presumed ancestor which does
not recognize her or him, with the only statement of the mother or father that
registered her or him, and without it suppose to establish a connection bond with the
first one. It includes the possibility that the bidder consigns the name of the indicated
ancestor.
 To Modify article 1° of the Law 27188, that modified article 53°of the Orderly Unique
text of the constitutional law of the Judicial Power approved by Supreme Decree N°
017-93-JUS, in order to offer competence to the family judges to be in charge of the
usurpation name processes in those cases in which the plaintiff considers that is
being affected by the registration of his/her name in any birth certificate.
The Defensorial Report N° 74, base of the said recommendation, indicates that “it has been
able to verify that the prohibition to mention the name of the ancestor that does not recognize
his son or daughter, is a problem that usually appears when the single mother intends to
record its son or daughter without company of the father (…) the Ombudsman Office has not
registered cases in which the unmarried father have impeded to record his son or daughter
with the surnames of the absent mother”
Therefore, the problem of the not-recognition affects only single mothers and, among them,
especially mothers adolescents, but not fathers, implying the demonstration of a different and
discriminatory deal that affects the child nonrecognized. This situation complicates that the
boy or girl can know his or her father, being affected the right to the identity everytime the
child use the same surnames of the mother. In this sense, the child would be like the brother
of his mom or the son of his grandfather. It is a problem that is presented when the single
mother intends to record her son or daughter.
The existing prohibition in this case wounds the rights recognized by the Political Constitution
in its articles 2° paragraphs 1) and 2), regarding the right to the identity and to the equality;
article 6° referred to the not discrimination between marital children and those borned outside
the marrige; the Children and Adolescents Code, as well as the International Conventions
about the Infancy and Human rights, ratified by the Peruvian State. In spite of the
recommendation done by the Ombudsman office, the Peruvian Congress filed in May, 2005
two Lawxviii Projects that proposed to modify the norms established in the civil code.
Although the Executive Power has Legislative initiative, the same one that has priority
character in its attention, any propossal of law on the matter has been presented. The
MIMDES has initiated a National Crusadexix in favor of the right to a name and identity,
diffusing the need to register boys and girls to obtain his or her birth certificate, action that is
important, but is not directed to make fulfill a right that corresponds to sons and daughter
borned outside the marrige, since both of them are entitled to use the surnames of their
ancestors, without discriminating them due the civil status of their parents.
10
By means of the Defensorial Report N° 74
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RECOMMENDATION
To modify article 21° and 392° of the Civil Code and article 37° of the Inscriptions Regulation
of the RENIEC, in order to register the son or daughter borned outside the marrige with the
surnames that corresponds (of his or her ancestors), to guaranteeing the right to a name
and identity, rights indispensable for every human being and especially for boys and girls,
right that is different from the right to the filiation.
III.
24.
Right to the health and access to the services of health (Article 24)
SEXUAL AND REPRODUCTIVE RIGHTS
D. Main causes for concern and recommendations of the Comittee
6. Basic health and Well-being
SPECIFIC RECOMMENDATION11
Right to the health and access to the health services
Article 24º
(…) The Committee also is worried about the high rate of maternal mortality and the
frequency of embarrassments in the adolescence, as well as the insufficient access of
the adolescents to the services of education and advice about the reproductive health.
(…)
The Committee recommends that the State Party continues adopting efficient measures
to guarantee the access to the attention and the basic health services for all the children.
CRC/C/15Add.120
February 22th, 2000
In Peru, twelve of each hundred embarrassed mothers are adolescents. In our country the
adolescents mothers percentage has not been reduced during the last years. In 2000 13%
of cases was registered.
In Peru, in 2003, approximately 3 millions 773 thousands women were adolescents and
young, they had between 15 and 29 years old, and they represented the 44.3% of the total of
women in fertile age (8 millions 518 thousands). Of the total of adolescents mothers and
young, the 35.8% are women between 15 and 19 years old (1 million 352 thousands) xx.
In 2004, the number reached to 12,7%. The adolescents of the Oriental Region (Forest)
present a greater incident (29%). According to the National Survey of Homes of the last year
(ENAHO 2004), 30% of these mothers are 19 years old, and another 10% are 17 years old.
It represented in absolute numbers 177,971 mothers adolescentsxxi.
If it seems that there is a light percentage decrease, actually, if we compare the number of
adolescents women between 15 and 19 years (during the years 2000-2004) there is an
increment of 2,211 new adolescents mothers.
A.- Legislation and Public Policies.
In the Action Plan for the Infancy and the Adolescence 2002-2010, the Strategic Objective N°
3 referred to create spaces of participation for the adolescents from 12 to 17 years old and to
promote thier full development, contains the Result N° 11 that proposes to reduce the
adolescents embarrassment rate. The National plan of Sexual Education 2000 – 2005,
develops the National Plan of Prevention of the Adolescent Embarrassment, one of its goals
is that more than 70% of the school adolescent population know aspects of reproductive and
sexual health and identify the risks and forms of prevention of the embarrassment.
Nevertheless, in the 3 years that the Plan is in force, adolescents mothers population
has increased.
11
Final Observations and Recommendations of the Committee on the Rights of the Child of the ONU about the situation of the
childhood in Peru. CRC/C/15/Add.120 dated on February 22nd, 2000. Published in the Magazine “Niñez y adolescencia del
Grupo Nacional por los Derechos de la Niñez GIN”. Pages 17-24. Lima, Peru.
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COMITÉ LATINOAMERICANO Y DEL CARIBE PARA LA DEFENSA DE LOS DERECHOS HUMANOS DE LAS MUJERES – CLADEM
Thus, in Peru twelve of each hundred mothers embarrassed are adolescents. In our country
the adolescents mothers percentage has not reduced during the last years. In 2000, 13% of
cases were registered, and until 2004 the percentage was 12,7%. The adolescents of the
Oriental Region (Forest) present a greater incident (29%). According to the National Survey
of Homes of the last year (ENAHO 2004) a 30% of these mothers are 19 years old, and
another 10% are 17 years oldxxii.
Likewise, the National Institute of Statistics and Data Processing indicates that 75% of the
cases of Aids reported in 2002 were contracted in the adolescence, and the National Survey
of Health (ENDES) refers 13% of the Peruvian adolescents, between the 10 and 19 years
old, already are mothers or are embarrassed. The said Survey indicates that 42% of the
adolescent mothers did not desire to be embarrassed neither they wanted to have their son
or daughter. The Demographic and Family Health Survey (ENDES 2000), indicates that
13% of women between 15 and 19 years old are adolescent mothers, and that some time
they were embarrassed (approximately 176 thousands), 10,7% of the said mothers (145
thousands) already are mothers and 2,3% are embarrassed of their first son (31 thousands).
The greater percentages of adolescents that are mothers or are embarrassed, are presented
among the women without education (37%) and among those that live in the forest (26%),
rural areas (22%) and in the departments of Amazon, Ucayali (27%), and Loreto (29%), all of
them located in the forest regionxxiii.
A comparative study about the ENDES 2000, realized by Ragúz (2002), shows that 76% of
adolescents and 75% of young people do not want to has a son or daughter, it illustrates how
they are far from complying their reproductive ideals, especially the adolescents and young
people in greater social exclusionxxiv.
According to the ENDES, during the adolescence, the mothers work more than the ones that
are not (37,4% set against 32,3%), being, nevertheless, less paid. The adolescent mothers
present the greater rate of work nonremunerated (work by moral and economic support).
Likewise, according to the Health Department Registry of 2003 is notified that among the
causes of adolescent maternal death, 15% are caused by abortions; and according to the
sample of the study done by Nuñez (1999), 23% of the abortions are practiced to
adolescents, 4,7% of them were smaller than 14 year-old.
Article 21° of the Children and Adolescents Code, referred “To the integral medical
assistance”, establishes that the boy, girl and adolescent are entitled to an integral attention
of their health, through the execution of politics that permit their physical and intellectual
development in adequate conditions. Also it indicates the right of priority attention to the
adolescent mother during the gestation and lactation periods.
B.- Breach of the State in the framework of the Convention
The public politics directed to prevent, through the information and sensitizing, the topic of
the adolescent embarrassment, results almost null for the State, every time that this theme is
one of the actions established in the National Plan of Action for the Infancy and Adolescence
2002-2010; nevertheless the Peruvian State has done little in favor of the adolescent
embarrasment, up to date the remote actions executed by the State (education and health
area and MIMDES) are not developed in the framework of Integral Programs that will be
directed to the large greater of this population group.
RECOMMENDATION
To elaborate and implement Programs about the rights to an integral health and especially
about the reproductive and sexual rights directed to the boys, girls and adolescents since the
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first years of school phase, in order to prevent and to attend the problematic of the
embarrassment in the adolescents.
II.
INSTITUTIONALIZED BOYS AND GIRLS
A.- Legislation and Public Policies.
Since the approval of the Law N° 28330, which modified diferent articles of the Children and
Adolescents Code, regarding the Tutelary Investigation Process, the MINDES has the
competence to carry out the metioned process, in its quality of Principal Entity of the Integral
Attention System of the Boy, Girl and Adolescent. Nevertheless, up to date this competence
has not been assumed for the MIMDES, creating confusion especially among the justice
applicators of Judicial Courts located far away from the capital.
Law N° 28330 regulates the Tutelary Investigaion Process, which establishes that the
administrative instance will be in charge of the said process, evaluating the motives of the
abandonment of the boys or girls, if he or she was victim of violence, etc. This law is based
on the need of not discuss the psycho-social problems of the childhood before the judicial
power, and evaluate exactly the social, cultural and economic nature of this problematic;
nevertheless, while this competence not be formally assumed by the MIMDES, the Judicial
Court will be in charge of the resolution of the problems of this social group, due the lack of
social protection politics from the State.
B.- Breach of the State in the framework of the Convention
In spite of the great importance and significance of this law, the same one that has been
approved on August, 2004, with a term of 60 work days in order to be regulated, up to date
has elapsed more than one year and at the present time the regulation has not been
approved. In this sense, the Judicial Court continues in charge of this kind of process, fact
that results a cultural and social situation more than a legal one, due the nature of the said
process, in which does not exist controversy between the parties.
RECOMMENDATION
The State, besides approving the necessary regulation laws to comply with the Law N°
28330, should direct the necessary budget in order to attend the realization of the attention
process of the infancy in abandonment, specifying the necessary budget for the creation of
the governmental instance that will be in charge of the evaluation of the Tutelary
Investigations in a national level, and that will guarantee the infrastructure, the suitable
personnel and the autonomy of the said administrative instance that will guarantee a service
with transparency.
V.
EDUCATION
D. Main causes of preoccupation and recommendations of the Comité
7. Education, dissemination and cultural activities
RECOMMENDATION12
24.
The Committee (…) continues worried about the high rates of abandonment and bad
studients in the secondary and primary schools, and about the differences of access
to the education that exist between the rural and urban zones.
CRC/C/15Add.120
February 22th, 2000
12
Final Observations and Recommendations of the Committee on the Rights of the Child of the ONU about the situation of the
childhood in Peru. CRC/C/15/Add.120 dated on February 22nd, 2000. Published in the Magazine “Niñez y adolescencia del
Grupo Nacional por los Derechos de la Niñez GIN”. Pages 17-24. Lima, Peru.
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Data about the education in Peru refers that the public investment in this component, is one
of the lowest of the Latin-American region. Between 1992 and 2001, the Central
Government assigned an annual average of 16% of its investment to the education sector,
while Equator did it in a 18% the same as Chile, and Colombia did it in 20%, being Mexico
the country that invested a greater percentage equivalent to the 26%.
In the Amazon and high Andean rural zone, the crossing among education, poverty and
cultural ethnic characteristics, produces drop quality in education, preserves the historic
exclusion of these human groups and limits the possibilities of development of the peruvian
saw and amazon. Deserves special preoccupation, the situation of the girls who have less
opportunities and greater discrimination inclusive in its same communities of reference. The
poor and extremely poor peruvian population only can access (with luck) to the educational
state system, the same one that is characterized for its low quality.
In our country, the 54% of the population is poor, 14 millions 609 thousands according to the
National Survey of Homes13. The poor extremes represent the 24% of the total of the
population, approximately 6 millions 513 thousands people. The poverty affects to the 78,4%
of the rural population and 51% of the rural inhabitants are extremely poor; while in the urban
area 42% they are poor and 10% extremely poor. In 10 of the 24 Peruvian departments, the
poverty is presented in a 70%, representing the 30,3% of the population (8 millions people)
14
. Being in situatuon of extreme poverty 4 millions 96 thousands inhabitants, the ones that
declare high rates of malnutrition, school delay, helath problems and a high possibility that
the children continue being poor
Urban/Rural education
STATE EDUCATION / School system
Urban Area
Rural Area
66%
4´312,000
34%
2´208,000.00
Source: INEI, ENAHO IV. 2001
44% of the rural educational population only studied the primary level, and 48,9% of the rural
population between 12 and16 years old is studying the secondary level. The percentage of
rural girls represents the 72.6% set against the 83.2% of male representation15.
In 2002, according to the data registered in the INEI, the desertion was approximately of 4%
in the primary level and 7% in the secondary level. In the primary population we observed
that the women are the persons who more desert.
A.- Legislation and Public Policies.
The National Program of Sexual Education, is created in 1996, like part of the Education
Ministry, in the framework of the national politics of population, where was designed and
validated a curriculum of sexual education for secondary teaching and modules of training for
the teachers oriented to offer theoretical information that create a change of mentality of the
children, regarding the sexuality of children and adolescents. Since this year, diferent guides
of sexual education for students in the different degrees of secondary and primary education
were elaborated, the same ones that subsequently were retreated by the government before
the strong pressure of the Catholic Church16.
13
INEU, ENAHO IV. 2001
Huancavelica (88.8%), Huanuco (78.9%), Puno (78%), Cajamarca (77.4%), Cuzco (75.3%), Amazonas (74.5%), Ayacucho
(72.5%), Ucayali (70.5%) y Loreto (70%).
15
INEI, Ibidem.
16
CLADEM. Diagnóstico sobre la situación de los Derechos Sexuales y los derechos Reproductivos: 1995-2002. En el marco
de la Campaña por la Convención de los Derechos Sexuales y los Derechos Reproductivos. P39-40. Diagnosis about the
situation of the Reproductive and Sexual Rights: 1995-2002. Within the framework of the Campaign for the Reproductive and
Sexual Rights Convention. P39-40.
14
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On June 25th, 1998, the Education National Network of the Girl is officialized, one of its goals
has been the elaborattion of the Promotion of the Education of Rural Girls and Adolescents
Law, Law Nº 27588 (2001) 17. The article 8º, “About the equity of gender”, is only referred to
the not discrimination of the girls and adolescents by motives of race, language and to be out
of age, ignoring absolutely the gender exclusions. It treats also about the know-how of the
personal changes during the puberty, the personalized deal and respectful of the teachers to
the girls and adolescents. In general, it is oriented more toward the access to the education
of the girls and adolescents not thus to eliminate the sexist content of the school curriculum.
The Multisectoral Commission of Promotion of the Education of the Girls and Adolescents
(2003) 18 is the responsible for proposing and arrange politics and actions for the fulfillment of
the objectives established in the Law of Promotion of the Education of the Rural Girls and
Adolescents. This Commission is conformed by representatives of the Education MinistryMINEDU, the National Counsel of Education, the Woman and Social Development MinistryMIMDES, the Health Ministry- MINSA, and the National Commission of Amazon and Andean
Towns, the Girls and Rural Adolescents chosen each yaer by the National Commission for
the Rights of the Girls, boys and Adolescents. Later, the Nettwork “Florecer” is appointed as
the Technical Advising Ad Honorem Entity of the Multisectoral Commission. This
Commission is installed, but in the practice does not produce, since the Law 27588
has not been regulated yet.
The Woman and Social Development Ministry- MIMDES approved the National Plan of
Equality of Opportunities between Women and Men (2000-2005) 19, that compromises the
driving of the Labor Ministry, Health Ministry, Education Ministry, Interior Ministry and Justice
Ministry. Regarding the education sector, the Equality of Opportunities Plan has proposed
five objectives:
1. To diminish the illiteracy of the women, preferably of the rural and native area.
2. To promote the integral development of the girls and boys until the three years old,
particularly those in situation of risk.
3. To promote the opportune registration and the continuance in the school system of the
girls and adolescents.
4. To eradicate the sexual contents of the teaching, favoring the broadcast of educational
values in all the phases of the teaching.
5. To produce information about the situation and position of the Peruvian women and girls.
Later, the Plan of Equality of Opportunities Between Women and Men 2003-2010 has been
eñaborated, which was submitted to the national consultation in order to be validated and
enriched by means of a participatory process. On December, 2003, the process was
concluded; Nevertheless, up to date it has not been approved, neither the achievements of
the previous Plan has been evaluated. In the education sector, no work team has been
constituted in order to carry out the actions that are indicated in the Plan of Equality of
Opportunities, as well as the fulfillment of the mentioned plan is not definite in the
educational politics of the sector20.
The National Plan of Action for the Infancy and the Adolescence (2002-2010)21, fixed
among the main principles the equality of opportunities for all the boys, girls and adolescents,
Published on November 23th, 2001, in the Official Newspaper “El Peruano”.
Created by Supreme Decree Nº 001-2003-ED, published in the Official Newspaper on January 24th, 2003.
19
D.S.Nº 001-2000-PROMUDEH
20
Muñoz Cabrejo, Fanni . Ibidem
21
R.S. Nº 015-2002-PROMUDEH constituted the Multisectoral Commission in charge to elaborate the National Plan of Action
by the Childhood 2001- 2010
17
18
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eliminating every form of exclusion and discrimination, and promoting the respect to the
cultural diversity.
The National Plan of Education for All Persons (2003)22, promoted by the PNUD, the
World Bank, UNICEF and UNESCO, puts emphasis in the equity and quality of the
education, in the framework of the fulfillment of the commitments acquired in the World
Forum of Education of Dakar. This National Plan has not consolidated until the present time.
Inside the mentioned Plan, a program for the Rural and Intercultural Bilingual Education was
elaborated, the same one that has as general objective: to improve the quality of the basic
and initial education in rural areas, diminishing the breaches of access originated by gender
motives and those originated by the social and cultural discrimination.
Education General Law, Law Nº 28044 (2003), indicates in its article 10º, the criteria for the
universalization, quality and equity in the education; in this sense, this Law is adopted an
intercultural approach, and a decentralized action is carried out, in order to equal the
opportunities of integral development of the students and to obtain satisfactory results in their
learning. The article 17º indicates diferent mesures in order to compensate the derived
inequalities of different kind and to guarantee the equity in the education among them:
Elaborate and execute educational projects that include objectives, strategies, actions and
resources in order to revert the situations of inequality and/or inequity originated by gender
motives (art. 18º b). The article 19º recognizes and guarantees the right of the native towns
to an education in conditions of equality, with special programs that guarantee the equality of
opportunities and equity of gender. Article 3º indicates that the society has the responsibility
to contribute to the education and the right to participate in its development.
B.- Breach of the State in the framework of the Convention
Fanni Muñoz Cabrejo with respect to the mentioned Education Law says:
“Thus, the used gender perspective is referred (almost exclusively) to the access to
the educational system and to guarantee a successful performance inside it. The
gender concept loses force, does not refer to the possibility that the educational
system reproduce inside itself, the system of power relations that supports the
hierarchies and inequalities.”
“The participation of the women inside the educational system is not required at any
time along all the LGE-2003 (...) does not include the questioning of the dichotomies
that underlie to the exclusive relations of gender as a contribute to the education, which
is done with regard to the cultural diversity.”
Fanni Muñoz continues saying: nevertheless this limitation, the inclusion of the theme
becomes a precedent of its presence in the public debate, that is necessary to take
advantage on the road, toward the inclusion of a gender approach in the educational
politics23.
Likewise, it is important to emphasize that the Multisectorial Commission of Promotion of the
Education of the Girls and Adolescents (2003)24, entity responsible to propose and arrange
politics and actions for the fulfillment of the objectives established in the Law of Promotion of
the Education of the Rural Girls and Adolescents25, after two years of its installation, does
La R.M. Nº749-2003-ED created the Technical Commission of Education for All the Persons (2000 – 2015) UNESCO,
UNICEF, UNFPA, PNUD, BM –BID, according to the agreement subscribed in the World-wide forum of Education, celebrated in
Dakar, Senegal.
23
Muñoz cabrero, Fanni, About what educative political we spoke in Peru? the incorporation of the geneder in the education.
24
Created by Supreme Decree Nº 001-2003-ED, published in the Official Newspaper on January 24th, 2003.
25
It is conformed by the Education Ministry, the Nacional Counsel of Education, the Women and Social Development Ministry,
the Health Ministry, the National Commission of Amazon and Andean Towns, the rural girls and adolscents chosen every year
by the National Commission on the Rights of the Girls, Boy and Adolescents.
22
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not comply with its principal functions, due technical questions like the lack of
regulation of the Law 27588, Law of Promotion of the Education of the Rural Girls and
Adolescents.
RECOMMENDATIONS
To regulate urgently the Law Nº 27588, Law of Promotion of the Education of the Rural
Girls and Adolescents, and to endow its implementation of administrative, human and
budgetary resources.
It is secessary the articulation between the National Plans of Equality of Opportunities and
the Education Planis in order to achieve an adequate education for the girls that belong from
minority ethnic groups. The proposals should go beyond Bilingual Education, they should
based in a local analysis of the relations and hierarchy of gender, that preserve negative
behaviours for the educational development of the girls and adolescents.
To Improve the administrative system for the accusations of teachers that sexually hound the
girls and adolescents, especially the Bank of Aggressor Teachers that should be handle by
the Education Ministry.
VI.
CHILD WORK; “Dmestic work with face of Girl”
D. Main cause for concern and recommendations of the Committee
8. Special measures of protection
PROTRECTION AGAINST THE ECONOMIC EXPLOITATION26
Article 32º
25.
(...) The Committee continues worried because the economic exploitation of the
children continues being one of the most serious social problems in the State
(for example, in the native communities of the saw) and the measures of
application of the law are insufficient in order to face this problem.
(…) Also, the Committee recommends that the laws about infantile work should
be reinforced, that the labor inspection institutions should be fortified and that
the griefs should be imposed in the cases of violation of the laws. (…)
CRC/C/15Add.120
February 22th, 2000
The results of the National Survey of Homes (ENAHO - 1996) 27 indicate that the working
population between 6 and 17 years old,were 1millón 359 thousands children and
adolescents, 774 thousands 500 of them were men and 584 thousands 600 were women,
that is to say, of each 100 children and adolescent workers, 57 were males and 43 were
women.
In 200128, the same survey indicates that the population of worker children registered was 1
million 987 thousands boys, girls and adolescents between 6 and 17 years old. 21.7% was
the rate of infantile labor activity between 6 and 11 years old, and 32.5% between 12 and 17
years old. We observe that between 1996 and 2001, the rate of infantile labor activity
increased 9 times. On the other hand, the adolescent activity rate was elevated more than 2
times.
26
Final Observations and Recommendations of the Committee on the Rights of the Child of the ONU about the situation of the
childhood in Peru. CRC/C/15/Add.120 dated on February 22nd, 2000. Published in the Magazine “Niñez y adolescencia del
Grupo Nacional por los Derechos de la Niñez GIN”. Pages 17-24. Lima, Peru.
27
Survey that the National Institute of Statistic - INEI makes annually in 80 thousands homes of the urban and rural area of the
country. The results of this survey served to draft the documents "Peru Infantile and Adolescent Work".
28
About conditions of life and poverty (ENAHO) of the fourth trimester of 2001.
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Regarding the rural or urban location of the boys, girls and adolescents workers, according to
the data provided by the National Institute of Statistics, exists a greater percentage in the
rural zones of our country exists. According to the same source of the INEI, 92% of the total
of busy infantile population between 6 and 13 years old lives in rural zones, 92% is dedicated
to help in small farms or is in charge of the shepherd. In the rural zones the infantile work is
done under the minimum age permitted to work and is done in farming activities. Though
boys, girls and adolescents work in the commercial agriculture under a salary relation
(piecework agreement), the demand is imposed by their bosses. Such is the case of the
crop of coffee in the forest eyebrow or the plantations of rice in the north coast.
Great quantity of children and young people work in agriculturist, livestock, craft or domestic
activities. Most of the children that work are poor (71% ENV 1997).
A.- Legislation and Public Politics
On July 31st, 1996, the Peruvian State through the Labor ministry and the International Labor
Organization - ILO subscribed an Understanding Memo, by means of which the parties
agreed to execute, in a national level, activities destined to the progressive eradication of the
infantile work, commitment renewed on December 11st, 2002. In the Understanding Memo is
established the need to create an entity responsible to coordinate, evaluate and give
monitoring to the efforts of the country in order to eradicate the infantile work. In this sense,
the National Executive Committee of Prevention is created and Eradication of the infantile
Work – CPETI was created29.
The Regulation of the CPETI30, approved by R.M. Nº 202-2005-TR, establishes inside the
obligations of the National Executive Committee, the elaboration of the National Plan of
Prevention of the Infantile Work. The National Plans represent the effective fulfillment of the
Covenant 138 of the ILO, reagrding the minimum age of admission to the employment and
mark the guidelines and strategies that the countries that ratify the said covenant should
follow in order to obtain the objectives of prevention and eradication of the infantile work.
Because of it, the Labor Ministry (MTPE) approved recently the National Plan of Prevention
of the Infantile Work3132.
The National Plan of Prevention and Eradication of the Infantile Work includes a gender
approach that is more theoretical than practical, elaborated from Labor Ministry. According
to the data provided by this National Plan, since the perspective of gender is observed that
the infantile and adolescent work affects almost in the same proportion to men and women.
54% of the total of boys, girls and adolescents that work are males, and 46% are women.
Therefore, it affirms that the gender variable does not discriminate, in a significant way, in the
premature labor incorporation. Nevertheless, it indicates that exists a differentiation in the
kind of occupations in function to the gender.
Nevertheless, in rural zones of our country, the family aid is not considered like work, when
in the practice it is a work. In the rural reality, the children stop studying in order to take the
cattle to graze, walking long ways, many times in conditions of cold and hunger, being
considered like a form of family aid. The rural girl remains at home, being responsible of the
elaboration of the food or the care of her smaller brothers or older and/or sick persons, in a
reality where the adults should be transferred to large distances of their homes in order to
take care of their crops or to graze the cattle. It, with the implications that the girl remains
29
In diciembre, 2003 through Supreme Resolution Nº 018-2003-TR.
The CPETI, is conformed by representatives of the ministries and public entities, representatives of organizations of workers
and employers, representatives of the nongovernmental organizations related to the subject and like representing advisers of
the OIT, and other international organizations.
31
The measure was adopted through Supreme Decree Nº 008-2005-TR
32
The said Plan was approved at the end of the management of the Minister Juan Sheput Moore.
30
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alone at home, where the next house is kilometers of distance, with the risk to be sexually
abused, not existing any adult of her family that protect her.
Also in the infantile work, the distribution of the roles is given according to the cultural and
social standards. In this sense, we can appreciate that the girls are in charge of the
cleaning, care of the sale position, preparation or sale of food. Being acquired the gender
values also in the employment.
The Infantile Domestic Work also called services in homes of third parties, is a work carried
out especially by girls and adolescents women. When the boys are the responsible of the
execution of the domestic work, their works are the gardening, cleaning (like sweeping,
tarpaulin or cleaning windows) and/or security; while the girls are in charge of the preparation
of the food, washing, ironing and taking care of children, older and sick persons.
The infantile work standards have not changed with the time. While, thee factor of
consumerism has changed, therefore the children accept many times to work, with the
purpose to be able to access to money and to buy those articles that the market offers to
them; Nevertheless, after receiving their salary, the children remain with a little quantity of
money and the other money is delivered to the adult of the family. If the adult (father or
mother or the “responsible” adult) sees that the boy produces an income that help to the
maintenance of the home, he is required more each time in order to increase the incomes
generated by the infantile childlike.
Regarding those girls who render services in the homes of third persons, generally, cannot
continue with their studies. The Domestic Infantile Work is informal and marginal. Therefore,
it is impossible to supervise, due do not exist a registry that record it. Many times the girl that
works in homes of third parties, loses the bond with their biological family and history, since
they do not know the mail service or the postal office, some times the employers do not place
their letters. They do not have access to the technology that permits to be communicated
directly with their family, and with their first employers at the termination of their labor
relation. Later, they have to find a new work, being impossible to communicate it to their
family.
The National Plan of Prevention and Eradication of the Infantile Work gives the approximate
number of boys (girls) that work. In this sense, it is established that the 29% of the population
between 6 and 17 years old work, it is referred to those children that properly have been
registered; nevertheless we should keep in mind that most of the children that work in our
country do not do it in the bst conditions. Otherwise, they are found sub employed and
therefore there is not way to register them, especially the domestic infantile work (TID). The
article 52º of the Code of the Children and Adolescents establishes the Municipal Registry for
home workers, in the practice this kind of work is not registered. The Protection Direction of
the Children, agency of the Labor Ministry that is in charge of the security and health of the
children in their work, does not count with a methodological guide of inspection of the
adolescent work, even less for the domestic work, the same one that is carried out mainly by
girls and adolescents women.
In this sense, the girls and adolescents that render services in homes of third persons are
continue exposing to the sexual harassment, violation and sex abuse. Regarding the family
work, the stigmatization of the stereotyped standards of behavior continues assigning them,
home tasks and the care of other children and old persons. In this manner, effective
measures for the protection of the rights developed in the Pan-american Convention of
Belem Do Pará have not been taken.
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The National Plan of Action by the Infancy (2002-2010) PNAI33 indicates that the Ministries
and the civil society (the private sector, the base organizations, the families, the churches
and the citizenship in general) share the responsibility and the satisfaction, fruit of the
achievements of this great national effort. It is planted like one of the results for the 2010
that the worst forms of infantile work will be eradicated and educational alternatives will be
promoted, the goal is: 1) to Eradicate the infantile work in its worse forms and to diminish the
infantile begging. 2) The infantile work will be reduced in a 50%
Peru has ratified the Covenant of the ILO 138, Covenant of the Minimum Age of Admission
to the Employment34 and Convenant 182 about the Prohibition of the Worst Forms of Infantile
Work and the Immediate Action for its Elimination35, but has not modified the Code of the
Children and Adolescents in order to adapt it to the mentioned international covenants. In
this sense, it is permitted that the children work since the 12 years of age with authorization
of their parents; nevertheless, it is impossible to inspect the conditions of the infantile
employment, since the authorization would fulfill its purpose in the case of formal work not in
the case of informal work.
The National Plan of Prevention and Eradication of the Infantile Work takes as one of its
intervention approaches the approach of gender. Nevertheless, it does not consider any
effective measure in order to protect the girls that work, especially those that are assigned to
work in homes of third parties. The violation cases of girls that carry out domestic work, is a
latent problem that has not revealed in official numbers.
RECOMMENDATIONS
To adapt the Children and Adolescents Code to the Covenant ILO Nº 138, about the
minimum age for work, and to the Covenant Nº 182. Although we do not share with the
Covenant 182, the consideration of the Commercial Sexual Exploitation as a work, because
this explotation is an expression of a violence of gender, therefore it is a form to discriminate
and exclude, specially, the girls and adolescents. We coincide in the immediate need to
eradicate it.
To study and produce official numbers about the situation of girls that render services in
home of third persons, their labor and educational needs, and the violences to which they
that are exposed, in order to propose an adequate political of protection and promotion of
this population, in which a double discrimination is exerting because gender and cultural
reasons.
To develop instruments and mechanisms in order to incorporate adequately the gender
approach in the National Plan of Prevention and Eradication of the Infantile Work, linking it
with the principal actions carried out by the MIMDES in matter of gender, childhood and
adolescence equity.
33
It was approved by Supreme Decree N° 003-2002-PROMUDEH, dated on June 7th, 2002
The ILO Convenant Nº 138 about the Minimum age of admission to the Employement, 1973. It was ratified on November
13th, 2002.
la Edad mínima de admisión al empleo, 1973. Fue ratificado por el Perú el 13.11. 2002
35
The Internacional Labor Organization Covenant Nº 182 about the Prohibition of the Worst Forms of Infantile Work, was
ratified on January 10th, 2002.
34
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VII. COMMERCIAL SEXUAL EXPLOITATION
D.
Main causes for concern and recommendations of the Committee
8. Special measures of protection
EXPLOTACIÓN AND SEX ABUSE36
ARTICLE 34
27. Regarding the children sexual exploitation, (…) the Committee continues worried about the
absence of a national plan of action in order to fight against the sexual exploitation of the
children and to prevent it. Also it is cause for concern, the little knowledge, between the
population, about the exploitation and the sex abuse and about the existing measures to
determine and to denounce the cases of abuse.
The article 34º and other articles connected of the convention, the Committee
recommends that the State Party should carry out a national study about the commercial
sexual exploitation of the children, in order to elaborate and apply an extensive national
plan of action to prevent and to fight against that phenomenon. Also, the Committe
recomends that the Sate Party should carry out campaigns in order to increase the public
conscience on this matter (…)CRC/C/15Add.12022 of February of the 2000 (...)
CRC/C/15Add.120
February 22th, 2000
The UNICEF37, understands by sexual exploitation of the childhood with commercial
purpose, as the sex abuse of the boys and the girls that includes some kind of salary, like
money, gifts or favors. Generally, the payment is not given to the children, but to the person
that exercises power on him or she. For the OIT, the commercial sexual exploitation of boys,
girls and adolescents is included in the Covenant of the Worst forms of infantile Work,
attributing it a wor condition.
Article 3.
To the effects of the present Covenant, the expression «the worst forms of infantile work»
includes:
a. All the forms of slavery or the practices analogous to the slavery, like the sale and the
traffic of children, the servants by debts and the condition of servant, and the
compulsory or obligatory work, included the compulsory or obligatory recruitment of
children in order to utilize them in armed conflicts.
b. The use, recruitment or supply of children for the prostitution, the production of
pornography or pornographic actions.
c. The use, recruitment or supply of children for the execution of illicit activities,
particularly the production and the traffic of narcotics, just as they are defined in the
pertinent international treaties.
d. The work that by its nature or the conditions in which it is carried out, is probable that it
damages the health, security or morality of the children.
For the Latin-American Committee of Defense of the Women Rights CLADEM, the
commercial sexual exploitation is a demonstration of the gender violence that attentive
against the human rights of the girls and adolescents. For we, this evil expression of the
gender discrimination should not be considered as work.
A.- Legislation and Public Politics
On June 9th, 2004, the Law Nº 28251 entered into force, the same one that modifies diferent
articles of the Penal Code related to the sexual violence, incorporating penal illicit related to
the Commercial Sexual Exploitation; articles 179 - TO, 180, 181-A, 182 - TO, 183-A38.
36
Final Observations and Recommendations of the Committee on the Rights of the Child of the ONU about the situation of the
childhood in Peru. CRC/C/15/Add.120 dated on February 22nd, 2000. Published in the Magazine “Niñez y adolescencia del
Grupo Nacional por los Derechos de la Niñez GIN”. Pages 17-24. Lima, Peru.
37
http://www.unicef.org/voy/spanish/explore/cse/explore_1356.html
38
This articles belong to the chapter IX, X y XI of the Title IV, of the Second Book of the Penal Code.
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COMITÉ LATINOAMERICANO Y DEL CARIBE PARA LA DEFENSA DE LOS DERECHOS HUMANOS DE LAS MUJERES – CLADEM
The law Nº 28251 enters the figure of “USER – CLIENT”, incorporating it as an agent of the
Commercial Sexual Exploitation Crime. Likewise, this Law incorporates the figure of the
Infantile Sexual Tourism Crime and the publication in the mass media, like part of the crimes
against the sexual liberty of the children39.
— User-Client
The person that has carnal access by vaginal, anal or oral way or carries out other
analogous acts, introducing objects in the body through some of the two first ways,
to a person of fourteen and less than eighteen years old, in exchange for an
economic installment or advantage of any nature, will be repressed with privative
grief of the freedom not smaller than four years neither greater than six years.
— Child Sexual Tourism
The person who promotes, publishes, favors or facilitates the sexual tourism
through any middle written, pamphlet, printed, visual, electronic, magnetic or
through Internet, in order to offer sexual relations of commercial character with
people of 14 years old and smaller than 18 years old, will be repressed with a
privative grief of the freedom not smaller than two years neither greater than six
years.
If the victim is less than 14 years old, the agent will be repressed with a privative
grief of freedom not smaller than six years neither greater than eight years. The
grief will be not smaller than eight years neither greater than ten years when the
crime has been committed by a public authority, the ancestors, teachers or the
persons that has hd the victim under his/her care, by any title.
In spite of considering this modification as an important advance for the eradication of the
Commercial Sexual Exploitation, it is important to analyze the use of some terms. Why the
law utilizes the term “User Client” and not the term of “Sexual Orerator”?, we consider that
the debate beyond being a problem of simple semantics, on the contrary the words or terms
that we use are the expression of ideological positions set against a determined theme or
problem. The terme Client- User, protects the person who abuses and exploits sexually a
boy, girl or adolescent, offering him or her a position of simple consumer of a product or
service; additionally, offers to the Commercial Sexual Exploitation the Category of Work,
hiding the responsibility of all those people that are inside the exploitative circle; the person
who pays, the person who obliges and/or the person who facilitates the exploitation and the
gender abuse of girls, boys and adolescents. Also, it restricts the problem of the Commercial
Sexual Exploitation to the poverty, without considering other factors as the gender inequities
(Cultural and Social Conditions), the insufficient development of the protection mechanisms
(State political conditions), among others.
On May 25th, 2000, the General Assembly, through the Resolution A/RES/54/263, approved
the facultative Protocol of the Convention on the Rights of the Child, about the sale of
children, infantile prostitution and the use of children in the pornography40. On November 1st,
2000, Peru subscribed the Facultative Protocol on the Rights of the Child, and on May 3 rd,
2002 Peru ratified the subscription. In thi sense, this international instrument is part of our
internal legislation and it is of obligatory application by the Peruvian State. The protocol
established the obligation of the State Parties to develop a series of legislative and
procedural measures in order to sanction the Sexual Exploitation, the pornography and the
sale of girls/boys. In the preventive side against the Sexual Exploitation of boys/girls and
adolescents, we emphasized the following obligations41:
39
Articles 179-A, 181-A, 182-A of the chapter IX, X y XI of the Title IV, of the Second Book of the Penal Code,
It enterd into forceo n January 18th, 2002.
41
Article 9
40
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COMITÉ LATINOAMERICANO Y DEL CARIBE PARA LA DEFENSA DE LOS DERECHOS HUMANOS DE LAS MUJERES – CLADEM
1. To reinforce, apply and give publicity to the laws, the administrative measures, the
politics and the social programs, regarding the prevention of the crimes, among them:
the Commercial Sexual Exploitation or the Infantile Prostitution (it is the term that
uses the Protocol)
2. To promote the sensitizing of the public in general, included the children, by means of
the information through all the appropriate media, the education and the training
about the preventive measures and the damaging effects.
3. To take all the possible measures in order to assuring all the appropriate aid to the
victims of those crimes, as well as their full social reintegration and their full
psychological and physical recovery.
4. To adopte the necessary measures in order to prohibit the production and publication
of material in which the crimes statements in the present Protocol were published.
In 2002, the Peruvian Congress promulgated the Law Nº 28487, that offered rank of Law to
the Supreme Decree 003-Promudeh referred to the National Plan of Action by the Infancy
and the Adolescence 2002-2010; in the same year, the Multisectoral Commission was
constituted–under the conduction of the MIMDES- entity responsible for the implementing of
the actions indicated in the said National Plan. The National Plan of Action for the Infancy
and Adolescence, established the year 2010 as the date in which “there will be eradicated
the sex abuse of girls, children and adolescents” in Peru.
Actually, only two instances exist that work the mentioned theme:
From the State: The Woman Ministry through the Childhood and Adolescence Direction
conformed the Network “Now against the Infantile Commercial Sexual Exploitation.
From the Civil Society: The Network “Fresia”, is constituted like a network of work and
interinstitutional coordination. Fresia are the acronyms of Force against the Sexual
Exploitation of the Infants and Adolescents, this NETWORK is integrated by:
 Movement “El Pozo”
 Challenge and Answer
 PNP – (Peruvian National Police) Divifam (Family Division )
 Generation
 Action by the Children
 Project Luli
 Centrer “Santa Margarita”
 Sisters Adoratrices
 Center “Amar”
 Save The Children Sweden
B.- Breach of the State in the framework of the Convention
An adequate system of registration and caution of the Commercial Sexual Exploitation does
not exist; according to the Woman and Social Development Ministry- MIMDES, the zones of
greater concentration of ESCNA are located in five cities: Iquitos, Puno, Chiclayo, Lima and
Tacna.
“We have been able to work a map for the journalistic information and as a
consequence we can affirm that there is a greater concentration of this crime in cities
like Iquitos, Puno, Chiclayo, Lima, Tacna”
Minister Ana María Romero Lozada42.
Likewise, the MIMDES indicates “It is known about zones where there is a sexual tourism
and it is known that foreign people arrive with certain information with respect to the
childhood, mainly about the Amazonian zones43”. Rigorous investigations about this social
phenomenon do not exist, neither on the part of the State neither of the Civil Society.
42
43
http://www.mimdes.gob.pe/dgnna/explotacionsexual/nota_30marzo05.htm
http://www.mimdes.gob.pe/dgnna/explotacionsexual/nota_30marzo05.htm
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COMITÉ LATINOAMERICANO Y DEL CARIBE PARA LA DEFENSA DE LOS DERECHOS HUMANOS DE LAS MUJERES – CLADEM
On the other hand, the actions developed from the MIMDES have little impact and they are
not national (Special Supplement, July 10th, 2005), one example of it is their call “Crusade
against the sexual exploitation of the children” by means of which diverse authorities
subscribed Commitment Minutes in Cusco and Iquitos. They are declarative minutes (they
are not interinstitutional covenants) that detail specific responsibilities of prevention and
attention of this violence of gender.
The National Plan against the violence toward the woman44, main operating technical
instrument to prevent, sanction and eradicate the violence against the woman, has not
incorporated among its preoccupations this kind of gender violence.
An strong punitive and development emphasis exists, the same one that puts outside the
prevention and adequate social intervention actions for the eradication of the ESCNA. The
report elaborated by the Multisectoral Commission of the National Plan of Action for the
Infancy and Adolescence and presented before the Peruvian Congress, indicates that “In the
framework of the National Plan of Action for the Infancy and the Adolescence, the MIMDES
will prioritize the interinstitutional coordination for the diffusion and effective application of the
Law 28251, about the Infantile Commercial Sexual Exploitation, expanding the signature of
agreements in the regions of greater incident of the crimes establlished in the said law.” 45
Finalmente no existen cálculos sobre la magnitud de la Pornografía Infantil y adolescente
sobre todo aquella propalada a través de la Internet y difundida en el extranjero.
Finally, calculations about the magnitude of the Infantile Pornography do not exist and mainly
the pornography spread through Internet and diffused abroad.
RECOMMENDATIONS:
The Peruvian State at the presente time does not develop an adequate intervention against
the problem of the ESCNA. Since three years ago, we can affirm that this problem has
entered to the state sphere of preoccupation; the institutionalization of the Network “Now
against the Infantile Commercial Sexual Exploitation” and the modification of the Penal Code
are expressions of it, and the approval of the Optional Protocol of the Convention on the
Rights of the Child. Nevertheless, it is needed to design an integral state intervention in
order to eradicate the Commercial Sexual Exploitation of Boys/Girls and Adolescents.
The politics of promotion and development of Tourism, are opportunities for the economic
development and also for wrong called “sexual tourism”. Therefore, the politics about the
promotion of the Tourism that will be developed, should predict the design, implementation
and assignment of attention services, as well as the development of accusation and
protection mechanisms for the victims of ESCNA. We should take conscience that the new
“approaches” of concentration of boys/girls and adolescents sexually exploited, are recorded
around the infrastructure developed around the tourism, like the casinos, bars, hotels,
restaurants, among others.
The Woman and Social Development Ministry, indicates (Special Supplement, July10th,
2005) that inside the actions developed in the “Crusade against the sexual exploitation of the
children”, Commitment Minutes were executed with the Authorities of Cusco and Iquitos. It
indicates that the actions of the crusade were initiated in Maynas since this is “one of the
zones with greater incident of exploitation cases”.
44
45
It was approved by the transition government on July 20th, 2001. Supreme Decree Nº 017-2001-PROMUDEH.
http://www.mimdes.gob.pe/noticias/2005/not09jun_1.htm
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COMITÉ LATINOAMERICANO Y DEL CARIBE PARA LA DEFENSA DE LOS DERECHOS HUMANOS DE LAS MUJERES – CLADEM
On the other hand, it is urgent to initiate actions of sensitizing in the “zones of tolerance” in
order to come near to people that is part of these zones and play an important facilitating role
in the circle of exploitation, in a mixture of complicity and dependence. These actors of the
zones of tolerance acquire routine faces as the cabdrivers, salespersons /walking, clerks of
Pharmacies and boarding Houses, among others, another fact that evidence that this
violence of gender coexists naturally with the population and with dangerous level of
acceptance and social permission.
It is prevailing the development of actions of sensiblización in the calls “zones of tolerance”
so that arrive the people that are part of these zones and that play an important facilitating
role in the circle of exploitation, in a mixture of complicity and dependence. These actors of
the zones of tolerance acquire routine faces as the cabdrivers, walking salespersons/ace,
clerks of Pharmacies and boarding Houses, among another fact that evidence that this
violence of kind lives together in the cotidianidad of the population naturalized and with
dangerous level of acceptance and social permission.
i
The Projects of Law N° 8373/2003-CR and N° 12704/2004-CR, were approved by the Commission of Youth and Sport of the
Peruvian Congress on April 21st, 2005; and was the Justice and human rights Commission that sent them to the File, in May,
2005.
ii
Journalistic report “Life &Futuro”, "In our country, twelve of each hundred of pregnant mothers are adolescent" Newspaper “El
Comercio”. May 20th, 2005.
iii
The Law N° 28330 was published in the Official Newspaper “El Peruano” on August 14th, 2004.
iv
The mandate to assume the competence of the tutelary investigations in charge of the MIMDES is a function that was
assigned to the MINDES since the Law N° 27337 entered into force.
v
Report "Towards the Fulfillment of the Objectives of Development of the Millenium in Peru". A commitment of the country in
order to finish with the poverty, inequality and exclusion. Report 2004. ONU-Peru. Page 23.
vi
Since the president Alejandro Toledo assumed his mandate in July, 2001 July, up to the present time, he has changed four
times the conduction of the Cabinet Presidency and part of his cabinet; and, in the case of the Woman and Social Development
Ministry, six changes have taken place, Including the case of the Minister Puelles, whose period of management lasted 5 days.
vii
In July, 2002, twenty-nine States Policies were approved for a period of twenty years, in which has been denominated the
National Agreement. See the plaintext of the National Agreement, published in the Vestibule of the Peruvian State.
viii
The National Plan of Action by the Childhood and Adolescence 2002-2010, is the third Plan approved from 1992.
ix
Enrique Vásquez, investigator of the university “El Pacífico”. Article published in the Newspaper “Peru 21” (Economy Section,
page 10). "the deficiencies of the INABIF".
x
Journalistic report " the Plan for the Childhood does not satisfy " Newspaper “La República”. June 11st, 2005.
xi
Before denominated Boys, Girls and Adolescents Main Direction (DIGNA), as an Organic Unit of first level.
xii
Statutory law that modified the Organization and Functions of the Ministries. Published on July 11st, 2002.
xiii
It was approved by Supreme Decree N° 008-2002-MIMDES,
xiv
To indicate date of the Law.
xv
Supreme Decree N° 011-2004, approves the Organization and Functions Regulation of the Woman and Social Development
Ministry, published on January 7th, 2005.
xvi
Memorial "By the defense of the Human rights of theB, Girls, Adolescents and Women" dateted on January 24 th, 2005,
published in the Newspaper “La República”, Page 11- Economy Section.
xvii
Request filed with N° de Registro 002694 and subscribed by the group of National Initiative by the Rights of the Child (GIN),
the National Association of Centers ÅNC), the National Network of Promotion of the Woman (RNPM) and CLADEM-Peru.
xviii
Los Proyectos de Ley N° 8373/2003-CR y N° 12704/2004-CR, fueron aprobados por la Comisión de Juventud y Deporte del
Congreso de la República el 21 de abril de 2005 y fue la Comisión de Justicia y derechos Humanos de este mismo Poder del
estado que en mayo de 2005 remitió al archivo ambos proyectos. The Projects of Law N° 8373/2003-CR and N° 12704/2004CR were approved by the Commission of Youth and Sport of the Peruvian Congress on April 21 st, 2005 and was the
Commission of Justice and human rights that sent both prjects to the File in May, 2005.
xix
Report of the MINDES: Crossed national by the Right to the Name and the Identity "My Name".
xx
INEI-UNFPA. Situation of the Peruvian Population 2003. Adolescence and Youth.
xxi
Sources: ENDES-2000, Lima:INEI 2001. How much Statistical Yearbook: Peru numbers 2004. Elaboration Movement
Manuela Ramos.
xxii
Journalistic report “Life &Futuro”, "In our country, twelve of each hundred of pregnant mothers are adolescent" Newspaper “El
Comercio”. May 20th, 2005.
xxiii
INEI. Demographic and Familiar Health survey 2000.
xxiv
Bulletin "Adolescent Pregnancy in Peru. Realities and Challenges ". Movement Manuela Ramos, May 2004.
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