Between Identity and the Law: The Setback in Human Rights due to Supreme Decree No. 009-2024-SA on Transsexuality in Peru of 2024

Abstract

This research examines the impact of  decree 009-2024-S.A , which classifies transgender individuals as mentally ill, on the LGBTIQ+ community. The study traces the historical context of laws affecting the trans and LGBTIQ+ community in various countries, identifying both progress and setbacks in human rights. Through interviews with experts in the Inter-American Human Rights System and a detailed legal analysis, the research highlights how national laws often conflict with international standards, such as the Inter-American Court's Advisory Opinion 24-17, which advocates for the depathologization of trans identities. Additionally, the study emphasizes the importance of empathy and the role of society in upholding human rights, regardless of whether one is part of the affected community. This work aims to raise awareness of the ongoing conflict between personal identity and the law, and the need for change to ensure that individuals can live with dignity and respect, free from pathologization and discrimination.