LGBT community rights in Peru
This essay raises the problem in Peru about the absence of a solid business policy that protects the rights of the LGTB community in its workplace and as this is related to corporate social responsibility that must be adhered to the guidelines deliveredby different international organizations. The objective will then be, to inform in this regard in the direction of an awareness of this problem and towards an understanding of one of the aspects that must be improved in our country.
At present, the importance of social responsibility causes different international organizations in this regard. According to the International Labor Organization, Corporate Social Responsibility is the reflection of the way in which companies take into consideration the repercussions of their activities on society and the environment. It has different areas of action such as human resources management, health and security in the workplace, environment, among others.
In our country, although for a long time homosexuality was stigmatized, currently our society is demonstrating to be more tolerant. "Homosexuals began to gain visibility in the contemporary world and begin their search for justice, which connects to happiness and in turn is interconnected with the recognition of equal rights and dignity, without distinction of any kind" (Rospigliosi, Varsi(2010), Legality of same -sex marriage in Peru: Enrique Varsi Rospigliosi, P28. Lima, Peru: Constitutional Gazette.), However, in Peru the rights of this LGTBI community are a matter of debate because in our legislation marriage between two people of the same sex is not incorporated.
The recognition of the rights of this community as we will speak in the development of the essay does not have public policies that encourage the safety of LGTBI people in terms of equality and non -discrimination that they must have, and this is exemplified in the absence ofinternal policies in companies that are oriented towards the protection of rights and the free development of this community, especially in the issue of equality and non -discrimination of these people within a company in Peru.
Corporate social responsibility
Corporate social responsibility is based on various pillars such as sustainability, principles and tools such as evaluation reports in order to measure the impact of the strategies applied by each organization within their corporate social responsibility programs. (Barbachan, Madeleine. (2017). Corporate social responsibility in Peru: challenges and opportunities. Lima, Peru: Innovag, PUCP).
We understand then that what companies are looking for beyond their economic purpose is to get involved with society in general and benefit it in some way. RSE being an issue that covers many areas such as environmental, social, we will focus on the workplace and also on the respect that every company must have to human rights.
However, it is important to mention the fact that corporate social responsibility has different areas, which we are mainly interested in is the following: “Area of quality of life and labor practices: policies and practices in relation to the work carried outIn the company, that is, promotion of transparent labor relations based on dialogue and respect. This area includes human resources management policies, compensation and social benefits, career promotion, talent management, personal development, environment care and conditions where they work, promotion and care of health, safety and hygiene in the job, promotion of diversity, guarantee of gender equality, promotion of healthy lifestyles, labor conciliation formulas, etc. “(Tania Montañés Cañas (2018). Corporate Social Responsibility. p.13. Malaga, Spain: Editorial Elearning.)
Business policies in Peru related to the LGTBI community
Currently in our country there is progress in relation to the recognition of the LGTBI community as economic aspects and especially to inclusiveness in labor policies, however, it is slow and requires various incentives. According to the results of inclusive policies in favor of the LGTBI population, in a sample of 73 Peruvian companies of 20 different items, where state agencies were included, 80% of Peruvian companies do not have labor policies in favor of diversity andthe inclution.
Likewise, 37% of the companies surveyed have a procedure to denounce discrimination and harassment, which explicitly addresses sexual orientation and gender identity, however, in this study prepared by the NGO present, it has been revealed that only the only8% of companies have pronounced publicly supporting the rights of LGTBI people;while 7% have made internal pronouncements (communications) in favor of the cause. (Management (2019). LGTB: 80% of Peruvian companies do not have labor policies in favor of the
diversity. Lima Peru. Retrieved from: https: // management.PE/PERU/LGTB-80-Empresas-Peruanas-Count-Polytes-Laboles-Favor-Diversity-Inclusion-269942-NOTICE/)
In 2012, with the support of the Government of Norway, the International Labor Organization (ILO) launched the project “Gender Identity and Sexual Orientation: Promotion of Rights, Diversity and Equality in the World of Work” (byits acronym in English, Pride). Within the framework of this project, studies on discrimination against lesbian workers, gays, bisexuals and transsexuals (LGBT) are carried out at work around the world, and good practices are revealed that promote significant integration. (World Labor Organization (2018). Discrimination at work for sexual orientation reasons and gender identity: results of the ILO Pride project. Geneva, Switzerland: International Labor Office.)
We can deduce from this project, that the World Labor Organization does not disregard this problem in most countries, and on the contrary it seeks to promote different projects that aim to improve the conditions of the LGTB community in thelabor aspect, which is directly involved with the business policies of the work centers where the members of this community decide to develop. This is why a global change is required for free development and equal conditions for all workers, where there should be no differentiated treatment for sexual orientation reasons.
The issue of human rights is a very important pillar to mention in this essay because, respect for our rights must be present in all aspects of our personal development, it is represented for example when talking about social responsibilityBusiness since, when talking about business policies, we understand that these are created according to the guidelines indicated by the UN, that is, according to human rights respect.
The “principles of behavior for companies” of the UN provide practical guidance to companies on how to respect and support the rights of LGBT+ people in the workplace, the market and the community, these are: respect human rights, eliminateDiscrimination to the LGBT+community, support its members, prevent other human rights violations, and act in the public sphere to promote human rights both in word and work. (Management (2018). UN delivered rules of conduct for Peruvian companies that do not discriminate against LGBT people. Lima Peru. Retrieved from: https: // management.PE/PERU/UN-Entrego-Normas-Conducta-Empresas-Peruanas-Discrimine-Personas-LGBT-233886-NOTICE/)
These principles are guidelines that are delivered to the different states that promote the inclusion of human rights and specifically the practice of these rights in issues related to sexual orientation and gender identity. It is essential to mention these principles since they mean a great advance that the LGTB community presents and protects its rights in different areas of their personal and social development. In these principles, the Annual Human Rights Report of Trans, Lesbian, Gays and Bisexuals in Peru is based on Peru.
In this essay, principle 12 of this set of principles will be taken into account. This principle deals with the actions of the Peruvian State on the right to work and tells us the following:
Everyone has the right to decent and productive work, to equitable and satisfactory conditions of work and the protection against unemployment, without discrimination due to sexual orientation or gender identity reasons or gender identity. A. They will adopt all legislative, administrative and other measures that are necessary in order to eliminate and prohibit discrimination for sexual orientation reasons and gender identity in public and private employment, even in terms of professional training, hiring, promotion,dismissal, working conditions and remuneration;B. They will eliminate all discrimination based on sexual orientation or gender identity in order to guarantee equal employment and overcoming opportunities in all areas of the public service, including all levels of government service and public jobs, including service in the police in the policeand the Armed Forces, and will provide appropriate training and awareness programs in order to counteract discriminatory attitudes. (Ballero, Martin (2008) Annual Human Rights Report of Trans, Lesbian, Gays and Bisexuals in Peru. Lima, Peru: Red Peruvian LGTB.)
In Peru, LGTB rights are a matter of debates, forums, conferences even research. But we must know before analyzing this section, that the LGTB population in Peru is a group of people totally excluded and marginalized from the current social system, due to their sexual identity or by their sexual orientation;so they are subject to crimes of hatred, discrimination and violation of fundamental rights. This group of people seeks legal recognition of sexual orientation and gender identity. (John Torres (2018). LGTB rights in Peru: a look at equal rights. [Accounting News]. Recovered from: https: // www.news.com/ the-rights-lgtb-in-the-peru/)
However, our country has been advancing in legal matters against discrimination due to gender orientation, this can be reflected in art 15 of the child and adolescent protection code, where the State guarantees that basic education understands sexual orientation. Among the rights recognized in Peru towards this community we find the right to identity and expression of
Gender, to education, blood donation and the change in legal and documented sex, however, those not recognized are those that this community considers most relevance, and it is a reason for criticism to make our country the fact of not recognizing them, among theseRIGHT WE HAVE, THE CIVIL UNION, ADOPTION AND THE MOST RELEVANT FOR THIS Essay, which is the absence of protection against labor discrimination and access to goods and services.
However, due to this lack of legal protection in the workplace towards the LGTB community, many of the members of this community do not express their sexual orientation in their work centers,
A recent study by Marsh Regder to 57 companies in the country, reveals that only half of employees belonging to the LGTB community express their sexual orientation to their colleagues, why do you? For fear of being stereotyped and damaging the relationship with their classmates. And it is that of all the companies that participated in the study, only 27% allow their collaborators to self-identify their workers like LGTB. Meanwhile, 70% of companies do not refer to LGTB collaborators in their diversity and inclusion policy. (The Republic (2019). Pride day: only half of LGTB employees manifest their sexual orientation at work. Lima Peru. Retrieved from: https: // larepublica.PE/ECONOMY/2019/06/28/DAY-OF-ORGULLO-SOLO-LA-MITAD-DE-EMPLEADOS-LGTB-MANIFIESTAN-SU-ORIENTACION-SEXUAL-IN-THE-WORK/)
From this we can deduce that although there may be companies initiative to incorporate these business policies for the LGTB community, this initiative will always be limited by the policies governing the country, therefore it will not be achieved to fully favorUntil there is a normative improvement nationwide.
As a conclusion we can say that this essay reaches its objective in the sense of informing about the problem that the country is experiencing regarding the absence of a solid business policy that recognizes the rights of the LGTB community and sanctions the discrimination that may existtowards its members when working in a company, since companies must adopt principles in relation to social responsibility and the protection of the rights of their workers regardless of sexual orientation, and that it should finally be reflected in the business policy of eachOne of the country’s companies.
- In the first place, we can conclude in respect of corporate social responsibility that the closest concept: “A company is socially responsible when it integrates in its strategy the expectations that the different interest groups have on their operation and strives to respond satisfactorilyto them.”(Tania Montañés Cañas (2018). Corporate Social Responsibility. P17. Malaga, Spain: Editorial Elearning.)
And from this concept we consider the incorporation of a business policy such as the integration of an expectation made an interest group, in this case, to the LGTB community and that when included, it satisfies satisfactorily responds its needs for recognition and obtaining rights.
- Secondly, with respect to the ILO approach, this must be adapted to the guidelines granted by other international organizations such as the UN, and from these guidelines to grant countries a labor policy to defend the rights of all people, including in this group the LGTB community and specifically to the rights related to non -discrimination and equal job opportunities. In other words, in order to achieve the objectives set out in this essay, it is vital that the annual reports issued by this body are taken into account with respect to the different labor areas, and specifically we are interested in taking into account the item that deals withof non -discrimination and the incorporation of an inclusive business policy without distinction by sexual orientation of workers.
- Third, we conclude that the reality of our country makes it impossible for the total progress for the rights of the LGTB community due to the fact that public policies do not recognize the most relevant rights of this community, which have already beenmentioned above, but it is important to reiterate in the absence of protection against discrimination and equal conditions of this community. We consider this aspect as one of the most important obstructions that exist to establish an adequate national business policy, and we conclude that this public regulation must necessarily be modified immediately.
Finally we can conclude that in our country there are various advances that favor the establishment of business policies that protect the rights of the LGTB community in their work environment, these advances are achieved thanks to the
Incorporation of the principles that incorporate socially responsible companies, as well as by principles such as Yogyakarta and the guidelines granted by various international organizations such as ILO and the ILO and the
UN. However, we cannot speak of a total achievement since the public regulatory regulation of our country does not recognize elementary rights to this community, which makes it impossible for companies to establish a business policy that fully benefits the interests of this group.
- Tania Montañés Cañas (2018). Corporate Social Responsibility. p.13. Malaga, Spain: Editorial Elearning.
- Rospigliosi, Varsi (2010), Legality of same -sex marriage at Peru Enrique Varsi Rospigliosi, P28. Lima, Peru: Constitutional Gazette
- Barbachan, Madeleine. (2017). Corporate social responsibility in Peru: challenges and opportunities. Lima, Peru: Innovag, PUCP.
- Ballero, Martin (2008) Annual Human Rights Report of Trans, Lesbian, Gays and Bisexuals in Peru. Lima, Peru: Red Peruvian LGTB.
- Management (2019). LGTB: 80% of Peruvian companies do not have labor policies in favor of diversity. Lima Peru. Retrieved from: https: // management.PE/PERU/LGTB-80-Empresas-Peruanas-Count-Polytes-Labor-Favor-District-Inclusion-269942-NOTICE/NOTICE
- The Republic (2019). Pride day: only half of LGTB employees manifest their sexual orientation at work. Lima Peru. Retrieved from: https: // larepublica.PE/ECONOMY/2019/06/28/DAY-OF-ORGULLO-SOLO-LA-MITAD-DE-EMPLEADOS-LGTB-MANIFIESTAN-SU-ORIENTACION-SEXUAL-IN-THE-WORK/WORK
- Management (2018). UN delivered rules of conduct for Peruvian companies that do not discriminate against LGBT people. Lima Peru. Retrieved from: https: // management.PE/PERU/UN-Entrego-Normas-Conducta-Empresas-Peruanas-Discrimine-Personas-LGBT-233886-NOTICE/
- John Torres (2018). LGTB rights in Peru: a look at equal rights. [Accounting News]. Recovered from: https: // www.news.com/Los-right-lgtb-in-the-peru/
- World Labor Organization (2018). Discrimination at work for sexual orientation reasons and gender identity: results of the ILO Pride project. Geneva, Switzerland: International Labor Office
- Tania Montañés Cañas (2018). Corporate Social Responsibility. P17. Malaga, Spain: Editorial Elearning.