Committee on the Rights of the Child

Combined sixth and seventh periodic reports submitted by Peru under article 44 of the Convention, due in 2023 * , ** , ***

[Date received: 21 March 2024]

Introduction

1.The Peruvian State, aware of its international commitments and in accordance with article 44 of the Convention on the Rights of the Child, article 8 of the Optional Protocol on the involvement of children in armed conflict and article 12 of the Optional Protocol on the sale of children, child prostitution and child pornography, submits its combined sixth and seventh periodic reports to the Committee.

2.The document includes information relating to the period from January 2013 to January 2024. The replies have been organized according to the list of issues drawn up by the Committee (CRC/C/PER/QPR/6-7). As part of the process of preparing the report, a preliminary version was submitted on 10 January 2024 to the National Human Rights Council, the body responsible for issuing opinions and providing advice to the executive authorities on human rights matters.

3.The State is also pleased to note that, in line with the Convention, a meeting was held on 18 January 2024 with the members of the Advisory Council of Children and Adolescents to present the contents of the report and gather their thoughts on progress and challenges in respect of the protection of their rights in the country. The comments made during the meeting are included as annexes to this report (see annex).

I.New developments

4.With regard to the issue raised in paragraph 2 (a) of the list of issues, the following measures relevant to the implementation of the Convention and the Optional Protocols thereto have been taken:

(a)The 2030 National Multisectoral Policy for Children and Adolescents was adopted in 2021;

(b)An update to the 2050 National Strategic Development Plan, which envisages a differentiated and intersectional approach to meeting the diverse needs of the population, including those of children and adolescents, was adopted in 2023;

(c)Act No. 31939, pursuant to which Legislative Decree No. 1428, a decree that sets forth that the measures to be taken in the event of the disappearance of a person in a vulnerable situation, was amended, was adopted in 2023 to provide for the use of Amber alerts;

(d)In addition, effect was given to Act No. 31945, pursuant to which numerous provisions of Legislative Decree No. 295, on the adoption of the Civil Code, were amended, to prohibit the marriage of persons under the age of 18;

(e)The 2030 National Policy for Peruvian People of African Descent was adopted in 2022. One of the approaches it incorporates is that of life cycles, so the priority objectives, guidelines and services it involves take Peruvian children and adolescents of African descent into consideration;

(f)The 2030 National Multisectoral Policy for Civil Security, whose cross‑cutting approaches include an approach focused on children and adolescents, was adopted in 2022;

(g)Also adopted was the 2030 National Development and Social Inclusion Policy. Its cross-cutting approaches to children’s and adolescent’s affairs included life-cycle and lifelong approaches;

(h)The National Policy on Trafficking in Persons and Related Forms of Exploitation was adopted in 2021;

(i)The 2030 National Multisectoral Policy on Disability for Development, which addresses situations of structural discrimination against persons with disabilities, was also adopted;

(j)The General Government Policy for the period 2021–2026 was adopted in October 2021;

(k)The new National Education Project, the 2036 project “The Challenge of Full Citizenship”, which establishes the medium- to long-term strategic guidelines to ensure that people have access to education at all stages of their lives, was adopted in 2020.

(l)The 2030 national multisectoral health policy “Peru, a Healthy Country” was adopted in 2020. The approaches considered for its formulation and implementation include a lifelong approach that helps ensure the development of health services focused on the needs of the people by taking into account each stage of their lives;

(m)The National Programme for Youth Centres was established in 2019 further to Supreme Decree No. 006-2019-JUS. The adoption of this measure consolidated the reform begun in 2016 with the transfer of responsibility for the National System for the Social Reinsertion of Adolescents in Conflict with Criminal Law from the judicial authorities to the Ministry of Justice and Human Rights;

(n)The National Gender Equality Policy was adopted in 2019 pursuant to Supreme Decree No. 008-2019-MIMP;

(o)Legislative Decree No. 1377, which enhanced the comprehensive protection of neglected children and adolescents or children and adolescents at risk of neglect or unable to exercise their right to preserve their identity, as well as the prioritization of court-ordered child support payments, was adopted in 2018;

(p)A new legal and institutional framework for migration management was adopted in 2017 pursuant to Legislative Decree No. 1350, Legislative Decree on Migration (No. 1350), its implementing regulations and the National Migration Policy 2017–2025. The framework is informed by the idea that, in all actions concerning children, the best interests of the child are to be a primary consideration. It also provides for an exceptional exemption from liability for violations of migration law for children and adolescents;

(q)The Code of Criminal Responsibility for Adolescents was adopted in 2017 pursuant to Legislative Decree No. 1348;

(r)Legislative Decree No. 1297, a decree for the protection of children without or at risk of losing parental care, was adopted in 2016. In 2018, when, in accordance with Supreme Decree No. 001-2018-MIMP, the regulations to implement the Decree were adopted, it entered into force. Both norms were informed by the Convention and the Guidelines for the Alternative Care of Children of the United Nations;

(s)Act No. 30254, the Act for the Promotion of the Safe and Responsible Use of Information and Communication Technologies by Children and Adolescents, was adopted in 2014.

5.The following measures, described here as requested in paragraph 2 (b) of the list of issues, were adopted to ensure that the rights of children and adolescents were protected in the context of the coronavirus disease (COVID-19) pandemic and to mitigate its adverse effects:

(a)In 2020, the Ministry of Education arranged for the start of the school year by implementing the “I Learn at Home” strategy. This strategy, in place in 2020, 2021 and part of 2022, focused on providing learning experiences for students and guidance for teachers and families with the help of media such as television, radio and the Internet;

(b)In 2022, within the framework of Act No. 31365, under which the annual budget for fiscal year 2022 was adopted, and to counteract the adverse economic effects of the pandemic, the National Comprehensive Family Welfare Programme was authorized to provide economic assistance amounting to 200 soles (S/.) every two months to children and adolescents whose mother, father or both had died during the pandemic. As of July 2022, 17,278 children and adolescents had received such assistance;

(c)Legislative Decree No. 1470, under which measures were taken to guarantee the care and protection of victims of violence against women and family violence during the pandemic, was adopted in 2020. The Ministry of Education adopted an update to the protocols for dealing with cases of violence in July 2020;

(d)Complementary measures to guarantee the continuity of educational services in basic education institutions were taken pursuant to Emergency Decree No. 106-2020. The purpose of these economic and financial measures was to provide access to telephony and data plans for teachers and other personnel directly involved in efforts to provide basic education remotely and to ensure that there were no obstacles to their work within the framework of the strategy “I Learn at Home”;

(e)Guidelines for the promotion of the social and emotional well-being of students in basic education were also adopted;

(f)With regard to adolescent offenders, the National Programme for Youth Centres adopted a protocol for the access of adolescents in youth detention centres to video calls for the purpose of family visits during the pandemic. In addition, a contingency and intervention plan was developed in a bid to lessen the health impact of COVID-19 in the Youth Assessment and Rehabilitation Centres nationwide;

(g)Within the framework of Legislative Decree No. 1512, under which exceptional arrangements were made to reduce overcrowding in prisons and juvenile facilities as a result of the risk of infection posed by COVID-19, and Supreme Decree No. 006-2020-JUS, under which special provision was made to enable the Presidential Pardons Commission to pardon adolescents deprived of their liberty on ordinary or humanitarian grounds, as well as to commute resocialization and re-education sentences, a number of preventive, social and educational measures were taken against the backdrop of the pandemic, and 88 adolescents in the Youth Assessment and Rehabilitation Centres were granted partial release.

(h)The Agency for the Oversight of Private Investment in Telecommunications issued decisions No. 043-2020-CD/OSIPTEL and No. 050-2020-CD/OSIPTEL to guarantee the continuity and sustainability of telecommunications services during the pandemic and avoid hindering virtual activities (including distance learning).

6.With regard to the request made in paragraph 3 of the list of issues, three measures that relate to the targets set out in Sustainable Development Goals 8, 10 and 11 involve an approach informed by the rights of children and adolescents:

(a)Priority social policy results and flagship indicators to 2030 were produced in 2023. One of the seven priority outcomes is to promote child development as a basis for inclusion and well-being;

(b)The 2050 National Disaster Risk Management Policy was adopted in 2021. The Policy’s cross-cutting approaches encompass the rights of children and adolescents, life cycles and intergenerational perspectives;

(c)Intersectoral guidelines on the prevention and prosecution of migrant‑smuggling offences and the protection and care of victims of migrant smuggling and other migration-related offences, which are informed by an awareness of the needs of children and adolescents, were adopted in 2018.

II.Rights under the Convention and the Optional Protocols thereto

General measures of implementation (arts. 4, 42 and 44 (6))

Comprehensive policy and coordination

7.With regard to the issues raised in paragraph 5 of the list of issues, the following progress towards the implementation of the National Multisectoral Policy for Children and Adolescents had been made as of 2022:

(a)Further to Supreme Decree No. 001-2022-MIMP, the Permanent Multisectoral Commission was made responsible for coordinating and taking action in follow-up to efforts to implement the Policy;

(b)In addition, budget plans for the 47 services involved in the implementation of the Policy were developed;

(c)An analysis of the implementation of the Policy, which includes information on the status of the implementation of Policy services at the regional level, was also produced.

Allocation of resources

8.With regard to the issues raised in paragraph 6 (a) of the list of issues, a working group, set up in 2014 with the help of the joint work of the Ministry of Economic Affairs and Finance, the Ministry for Women and Vulnerable Groups, the Ministry of Development and Social Inclusion, the Ministry of Education, the Ministry of Health, the National Forum for the Fight against Poverty and the United Nations Children’s Fund (UNICEF), was formed to monitor public spending on children and adolescents. In implementing the Policy, the monitoring group has helped linked public spending and the Policy’s priority objectives and areas of focus.

9.Likewise, budget programmes have made resource allocation measures for the care of children and adolescents a priority in the results-based management approach. In the area of development and social inclusion, there is a results-oriented budget programme on early childhood development. In addition, the Ministry of Development and Social Inclusion has two other budget programmes that contribute to early childhood development: the National School Nutrition Programme (No. 0115) and the National Direct Assistance Programme for the Very Poor (No. 049).

10.The budget programmes Learning Achievements of Students in Regular Basic Education (No. 0090) and Increasing Access to Public Basic Education Services (No. 0150) of the Ministry of Education involved measures to expand the coverage of and improve the education provided to children and adolescents.

11.Under the category non-product budget allocations, steps have been taken to increase the coverage of care, school-based or not, for children up to 2 years of age. In addition, during the period 2020–2022, against the backdrop of the pandemic, the budgetary resources set aside for the implementation of the distance education strategy “I Learn at Home” fell under this category.

12.Since 2022, in follow-up to the adoption of the budget programme intended to achieve a reduction in the levels of violence against women, the following services have gradually been put in place: (i) educational programmes in schools to prevent sexual violence against children in primary education and (ii) educational workshops for the development of the social and emotional skills needed to prevent sexual violence and bullying in school. Currently, these measures are being taken in 158 educational institutions at the primary level in the Lima Metropolitan Area and in the Departments of Amazonas, Ayacucho, Cajamarca, Huánuco and Loreto.

13.In addition, in relation to children and adolescents with disabilities, the budget programme Inclusion of Children and Young People with Disabilities in Basic and in Technical and Vocational Education (No. 0106) has been implemented to provide children, adolescents and other young people with disabilities up to the age of 29 with the access and services they need in respect of basic or technical and vocational education. To this end, the budget programme strengthens the basic special education centres and programmes for the provision of educational services by hiring non-teaching personnel of a variety of backgrounds and by procuring goods and services that help make the educational system more effective, safer and more salubrious. The resources set aside for this programme have increased progressively since its 2013 inception. It had a budget of S/. 258,636,976 in 2023.

14.With regard to the issue raised in paragraph 6 (c), guidelines for the removal of children and adolescents under 14 years of age from their homes, which helped make it possible to temporarily remove children from their homes during the COVID-19 pandemic, were adopted.

15.The aim of the guidelines for the work of the Offices of the Municipal Ombudsman for Children and Adolescents during the pandemic was to indicate the steps that could be taken when, for example, children and adolescents were in street situations, lacked adult supervision or were out after the curfew declared by the Government.

16.A handbook on the implementation of the model of comprehensive health care at each stage of the life cycle for the person, the family and the community, a technical handbook, was adopted in 2021. Also in 2021, a technical health standard for the adaptation of health services at the primary care level in response to the COVID-19 pandemic in Peru was published.

17.With regard to the issue raised in paragraph 6 (d), the National Integrity and Anti‑Corruption Policy was adopted in 2017. This management tool defines the objectives, guidelines, indicators and national standards that all State institutions must comply with to prevent corruption and counteract its effects, while requiring public entities to ensure that their activities are governed by an integrity imperative and, consequently, to guarantee the protection of the fundamental rights of the people, in particular children and adolescents.

Data collection

18.With regard to the issues raised in paragraph 7 of the list of issues, measures have been taken to optimize systems and mechanisms in various State entities for the collection of disaggregated data with a focus on children and adolescents. The Ministry of Education has two key systems for data monitoring and management in the area of basic education, covering all its modalities:

(a)The Education Quality Statistics System, which covers the regular, alternative and special modalities of basic education and measures compliance with indicators relating to, inter alia, learning outcomes, net coverage, access to the education system by age, access of population groups with different needs, adequacy of education provision in rural areas, academic failure and dropout rates, and infrastructure;

(b)The System of Information on and Support for Education Management, which contains administrative records on the academic path of all students during their time in basic education.

19.In 2016, the Ministry of Development and Social Inclusion launched the Digital Repository of Multisectoral Information on Social Interventions. This platform is used to collect, store, manage, preserve and disseminate information produced by public institutions in relation to social interventions. Within the framework of the National Policy for Development and Social Inclusion, the Ministry adopted Supreme Decree No. 002-2023-MIDIS, under which the official measurement of multidimensional poverty, including indicators directly associated with the health and educational development of children and adolescents, was declared to be in the national interest.

20.Furthermore, an early childhood development module has been developed for inclusion in the demographic and family health survey. It consists of a questionnaire on the behaviour of children under 5 years of age in respect of five of seven results prioritized in guidelines (secure attachment, effective verbal communication, walking independently, regulation of emotions and behaviour, and symbolic function).

21.In relation to the prevention and eradication of child labour, the Ministry of Labour and Job Creation has established two mechanisms for the collection of data on adolescents in paid employment. The first relates to the prior authorization procedure for adolescents intending to work for pay. Under this procedure, a certain amount of information must be recorded, such as the adolescent’s personal data (including his or her name, national identity number and parents’ names), the employer’s data (name and address) and detailed information on the employment (including job title, remuneration and working hours).

22.The second data collection mechanism has been set up within the framework of the municipal model for the detection and eradication of child labour. Under the guidelines for the implementation of this model, the Offices of the Municipal Ombudsman for Children and Adolescents are tasked with submitting statistical information on the child labour cases that come to their attention to the local authorities every six months.

23.Regarding children and adolescents who benefit from the public defence services provided by the Ministry of Justice and Human Rights, a case tracking system incorporates variables related to age range, sex, type of disability, district address and special protection groups. Since 2013, the Ministry’s legal aid, victims defence and criminal defence services have provided legal assistance for children and adolescents on 174,609 occasions, mostly for adolescents aged 12 to 17 (58 per cent). Boys accounted for the majority (55.95 per cent) of beneficiaries, and the criminal defence service administered the legal aid in more than half (52.6 per cent) of cases.

24.The judiciary systematically records information on adolescents in conflict with the law in the Register of Adolescent Offenders, including their personal data and information on the offence committed and the social and educational measures to which they are subjected. The National Programme for Youth Centres keeps a register of the same name, which contains information on the adolescent offender’s legal status, overall situation, behavioural progress, social and family aspects and physical, mental and emotional health.

25.Steps have been taken to obtain disaggregated data on some groups of vulnerable children and adolescents. One of the strategic goals of the National Development Plan for the Peruvian Population of African Descent is to ensure the statistical visibility of Peruvian children and adolescents of African descent in the national statistical system. Regarding migrant and refugee children and adolescents, the National Institute of Statistics and Informatics has conducted two nationwide surveys on the characteristics and living conditions of the Venezuelan population residing in Peru, collecting data related to age group, sex, household composition, access to education and health services, and food security.

Dissemination, awareness-raising and training

26.Regarding the issue raised in paragraph 8 (a) of the list of issues, between 2013 and 2023, the Radio and Television Advisory Board organized 10 public events for owners of radio and television broadcasting services, journalists, communicators, academics and teachers on the situation of children and adolescents on radio and television and their right to communication, among other activities. Besides these 10 events, international seminars and discussions on the subject, and various workshops with the participation of children and adolescents, were held. Between 2021 and 2022, 17 graphics on children and adolescents in the media were disseminated to the general public.

27.In addition, as part of the National Education Project, the Radio and Television Advisory Board prepared a diagnostic study on media and information literacy in regular basic education.

28.Guidelines for the promotion of the rights of Peruvian children and adolescents of African descent have been drawn up with the signing of the Pact for Peruvian Children of African Descent, which was promoted by the Ministry of Culture with the support of the departmental government of Piura and endorsed by the Ministry of Education, the Ministry of Health, the Ministry of Labour and Job Creation, the Ministry of Justice and Human Rights, the Ministry of the Interior and the Ministry for Women and Vulnerable Groups.

29.With regard to the issue raised in paragraph 8 (b), a website was designed to contribute to the dissemination of information on the objectives, expected results and progress of the National Multisectoral Policy for Children and Adolescents. Adult- and child‑friendly versions of the Policy document have been developed and translated into Quechua, Aymara and Asháninka.

Children’s rights and the business sector

30.With regard to the issue raised in paragraph 10 (a) of the list of issues, the National Action Plan on Business and Human Rights 2021–2025 was adopted in 2021. Its strategic guidelines include a set of measures aimed at strengthening the protection of children and adolescents in the business sector.

General principles (arts. 2, 3, 6 and 12)

Non-discrimination

31.Regarding the issue raised in paragraph 11 (a) of the list of issues, in 2021, the Government adopted the 2040 National Policy on Indigenous Languages, Oral Tradition and Interculturality It is envisaged that an intergenerational approach will be taken to the implementation of the Policy.

32.Regarding the issue raised in paragraph 11 (b), inclusion, diversity and gender equality are among the cross-cutting themes of the national basic education curriculum. Various educational tools have been developed to effectively manage diversity.

33.In 2021, the Government adopted guidelines on comprehensive sex education in basic education. Resources for teachers have been generated to foster respect for the gender perspective in educational communities.

34.Regarding the issue raised in paragraph 11 (c), in 2018 the Government adopted guidelines for fostering harmony in schools and preventing and addressing violence against children and adolescents.

Best interests of the child

35.With regard to the issue raised in paragraph 12 of the list of issues – namely, measures taken to implement Act No. 30466 – consideration should be given to the measures reported in paragraphs 3 and 4 above. In addition, in the judicial sphere, a protocol on the involvement of children and adolescents in judicial processes was adopted. This measure was complemented by the adoption of a protocol for the protection of the data, image and integrity of children and adolescents in criminal proceedings.

36.Moreover, in 2017 the Public Prosecution Service issued a general directive on guidelines for action by family prosecutors and prosecutors who handle family-related cases and other matters within the framework of the Convention on the Rights of the Child, the American Convention on Human Rights, the Committee’s concluding observations, international treaty compliance and constitutional review.

Respect for the views of the child

37.With regard to the issue raised in paragraph 13 (a) of the list of issues, the Government, by ministerial decision No. 152-2023-MIMP, adopted new regulations for Advisory Councils of Children and Adolescents, attributing to children and adolescents an active role in their communities.

38.According to the Ministry for Women and Vulnerable Groups, children and adolescents who are members of the Councils have participated in the development of various regulatory instruments and public policies of interest to children, such as Act No. 30466 establishing parameters and procedural guarantees for ensuring that the best interests of the child are a primary consideration and the Act’s implementing regulations and Act No. 30403 prohibiting the use of corporal and other humiliating punishment against children and adolescents and its implementing regulations. They have also participated in the formulation and follow-up of the National Multisectoral Policy for Children and Adolescents.

39.With regard to the issue raised in paragraph 13 (b), as at 2023, Advisory Councils of Children and Adolescents have held nine national assemblies with the participation of representatives from the country’s 26 departments. It is expected that the Councils will work with various commissions that implement public policies affecting children, including (i) the Permanent Multisectoral Commission of the National Multisectoral Policy for Children and Adolescents, (ii) the High-level Commission on Climate Change and (iii) the multi‑stakeholder group of the National Action Plan on Business and Human Rights.

Civil rights and freedoms (arts. 7, 8 and 13–17)

Right to identity and birth registration

40.Regarding the issue raised in paragraph 14 of the list of issues, the National Identity and Civil Status Registry reports that the number of birth registrations of children has fallen in the last decade. In 2013, 649,906 births were registered, whereas only 498,966 were registered in 2022. A low of 442,340 registered births was recorded in 2020.

41.There was also a gradual fall in the number of late birth registrations, as compared with ordinary registrations. Records show that in 2013 there were 99,154 late registrations, with the number falling to just 8,451 in 2022. The strategy followed by the National Identity and Civil Status Registry – namely, using technology and ensuring access to registration in geographically remote areas to optimize registration services – enabled this progress. Measures included the authorization of certificates of live birth, the registration of births in health facilities and mobile registration in hard-to-reach areas.

Freedom of association and peaceful assembly

42.With regard to the issues raised in paragraph 15 of the list of issues, in 2022, the Peruvian National Police adopted administrative and operational guidelines applicable to police operations for the control, maintenance and restoration of public order to ensure that such operations are carried out with respect for fundamental rights and an emphasis on the protection and safety of persons, ensuring the appropriate treatment of any vulnerable persons.

Access to appropriate information

43.Regarding the issue raised in paragraph 16 (a) of the list of issues, the events and workshops organized by the Radio and Television Advisory Board between 2013 and 2022 included at least two specific events on the portrayal of children and adolescents in television programmes and the level of protection of their rights afforded by current programming. Moreover, in 2021, the Board promoted the adoption of a new code of ethics for the provision of broadcasting services. This code incorporates a set of guidelines designed to ensure respect for the rights of children and adolescents, especially with regard to the treatment of information concerning them and to the schedule for the broadcast of content suitable for children and adolescents.

44.Regarding the issue raised in paragraph 16 (c), since 2021, the Government has run the “Digital Girls” programme, aimed at developing the digital skills of girls and adolescents between the ages of 8 and 14 with a gender and intercultural approach and strengthening their abilities in science, technology, engineering and mathematics. In four editions, the programme has reached 3,000 girls and adolescents from different parts of the country.

Violence against children (arts. 19, 24 (3), 28 (2), 34, 37 (a) and 39)

Freedom of the child from all forms of violence

45.Regarding the issue raised in paragraph 17 (a) of the list of issues, in the judicial sphere, the Public Prosecution Service has issued several guides that contribute to the effective implementation of Act No. 30403 prohibiting the use of corporal and other humiliating punishment against children and adolescents; there is, for example, a guide to the procedure for single interviews with victims under Act No. 30364, in addition to other related guides.

46.In cases where the victims of a violation of Act No. 30403 do not have economic resources or are in a vulnerable situation, the General Directorate for Public Defence and Access to Justice of the Ministry of Justice and Human Rights provides expert legal assistance. The Directorate also provides legal representation for affected children and adolescents in cases where they are unable to exercise their rights or are presumed to lack family protection.

47.As at August 2023, the Ministry for Women and Vulnerable Groups has delivered 15 training courses for municipal ombudsmen for children and adolescents, covering subjects related to intervention by municipal ombudsmen’s offices for children and adolescents in cases of violence, including the prohibition of corporal and humiliating punishment. These courses have benefited and strengthened the capacity of 1,765 officials. Between 2018 and 2022, 85 training courses, in which 4,897 people received training, were delivered.

48.In 2022, the Ministry of Transport and Communications adopted guidelines for compliance with the media obligations set forth in Act No. 30364.

49.With regard to the issue raised in paragraph 17 (c), the implementing regulations of Act No. 30254 (see para. 3 above) were adopted, article 4 of which provided for the establishment of a special commission to propose guidelines for the safe and responsible use of information and communications technologies. In 2021, the Ministry of Education adopted guidelines for the incorporation of digital technologies in basic education.

50.The Ministry of the Interior and the Movimiento Ramón Castilla, a volunteer network that combats trafficking in persons, launched a website for the prevention of this crime, whose content is mirrored on the main social networks used by vulnerable groups such as children and adolescents. In addition, in 2021 and 2022, the Movimiento Ramon Castilla and various institutions coordinated activities in which 3,476 people were given information about types of trafficking in persons and its impact on victims.

51.With regard to the issue raised in paragraph 17 (d), in 2018, the Government published guidelines for fostering harmony in schools and preventing and addressing violence against children and adolescents. It has also launched the platform SíSeVe, which includes a free hotline and a WhatsApp messaging service for reporting acts of violence against students.

52.With regard to the issue raised in paragraph 17 (e), a procedural guide was adopted for the intervention of the Peruvian National Police within the framework of Act No. 30364 on the Prevention, Punishment and Eradication of Violence against Women and Family Members. The guide incorporates a generational approach and envisages special measures for intervening in cases with child and adolescent victims.

53.Similarly, in 2022 the Public Prosecution Service adopted a directive on action to investigate, with a gender perspective, offences related to violence against women and family violence. It has also issued technical documents to ensure that prosecutors’ investigations under Act No. 30364 are conducted with a gender-sensitive and intersectional approach, including a booklet on taking a child rights-based approach to prosecutorial proceedings in accordance with international standards and Peruvian law.

54.With regard to the issue raised in paragraph 17 (f), comprehensive care for victims of violence, including psychological, social and legal support, is provided under the National Programme for the Prevention and Eradication of Violence against Women and Family Members, also known as the Aurora Programme. This is done through various services, including women’s emergency centres, an urgent care service, the 100 hotline, the Chat 100 service, a temporary shelter and a rural care service. Between January and August 2023, 40,430 children and adolescents received care in women’s emergency centres, while 34,766 were assisted through the 100 hotline, 595 through the Chat 100 service, 3,093 by the urgent care service and 662 by the rural care service.

55.With regard to the issue raised in paragraph 17 (g), a public policy on reform of the justice system was adopted in 2021. In formulating the policy, a working group was set up to discuss access to justice for children and adolescents. A protocol on single interviews with children and adolescents in Gesell chambers was adopted. Another important instrument is the protocol on the involvement of children and adolescents in judicial processes, adopted in 2016.

Child sexual abuse and gender-based violence

56.With regard to the issue raised in paragraph 18 (a) of the list of issues, the Ministry for Women and Vulnerable Groups conducted the “Connect without Risks” campaign, which covers the subjects of cyberbullying, grooming, sexual extortion, sexting, online sexual exploitation, trafficking in persons and risks associated with online gaming and viral challenges, in 2021 and 2023. This campaign formed part of the intersectoral campaign “It’s My Problem, Too”, whose aim is to raise awareness of violence against women and girls as a problem that cuts across all socioeconomic strata and affects society as a whole.

57.With regard to the issue raised in paragraph 18 (b), the National High-level Commission for Gender Equality was established in 2021. As at July 2023, the Commission has issued, in accordance with its mandate, 20 protocols for services included in the National Gender Equality Policy, which were adopted with institutional standards. In addition, 25 urgent measures were adopted in relation to gender equality and non‑discrimination, with an emphasis on rural women.

58.With regard to the issue raised in paragraph 18 (c), in 2020, the Ministry of Health provided virtual training for 1,615 health professionals on the Technical Guidelines for the Comprehensive Care of Women and Family Members affected by Sexual Violence, the protocol for joint action by women’s emergency centres and health-care facilities for the care of victims of violence and the health directive on the use of kits to treat cases of sexual violence. Between 2020 and October 2023, 10,523 health professionals received in-person or virtual training on the subject matter covered by these instruments.

59.In 2020, the country’s health facilities delivered 1,325 emergency kits, of which 826 were provided to children and adolescents. In 2021, 2,519 kits were delivered, 2,059 of which went to children and adolescents. In 2022, 2,030 emergency kits out of a total of 3,100 were provided to children and adolescents. In 2023, by October, 2,425 kits had been delivered, including 1,541 to children and adolescents.

60.A directive on sexual and reproductive health-care services during the COVID-19 pandemic was issued in 2021. A technical guide for the comprehensive mental health care of child and adolescent victims of sexual violence was adopted in 2022.

61.With regard to the issue raised in paragraph 18 (d), comprehensive sex education has been introduced as part of the national basic education curriculum. Comprehensive sex education has been piloted in 12 State secondary schools in Lima, Loreto and Ucayali, benefiting 5,978 students. A joint action plan to prevent violence against women and provide protection and care to victims of violence, with an emphasis on high-risk cases, was adopted in 2018. In 2022, the Ministry of Education introduced an educational programme to prevent sexual violence against children in primary schools. In its first year, the programme was implemented in 158 schools, strengthening the ability of 13,973 students to prevent sexual violence.

62.In addition, in 2022, an educational programme was introduced to prevent sexual violence against children in primary schools. In its first year, the programme was implemented in 158 primary schools in departments including Ayacucho, Amazonas, Cajamarca, Huánuco, Lima and Loreto. Activities for the prevention of sexual violence and early pregnancy were carried out on a pilot basis in 12 State secondary schools in Lima, Loreto and Ucayali.

63.With regard to the issue raised in paragraph 18 (e), the Permanent Multisectoral Commission for Strengthening the Missing Persons Search System was established to monitor and oversee the implementation and operation of the System. Within the framework of the Commission’s activities, a diagnostic study was carried out on the issue of missing persons in Peru. One of the study’s main findings was that most missing persons are female (63 per cent) or are children or adolescents (60 per cent).

Family environment and alternative care (arts. 5, 9–11, 28 (1) and (2), 20, 21, 25 and 27 (4))

Children deprived of a family environment and adoption

64.With regard to paragraph 19 (a) of the list of issues, Legislative Decree No. 1408 containing the Family Strengthening and Violence Prevention Act was adopted in 2018. Article 12 establishes the Specialized Comprehensive Service for the Prevention of Violence in Families, which is provided free of charge through local provincial and district governments. The Service is currently being piloted in the following eight areas: Lima Norte, Lima Sur, Lima Este, Lima Centro, Callao, Ayacucho, La Libertad and Loreto.

65.In addition, the module for the promotion of equal and violence-free families is being implemented as a preventive tool aimed at building the capacities of field operators, facilitators and providers of other similar public and private services working with families or their members to promote equal, inclusive and violence-free families.

66.With regard to paragraph 19 (b), Legislative Decree No. 1297 containing the Act on the protection of children and adolescents lacking or at risk of losing parental care was promulgated in 2016. The considerations for its adoption included the express mention that the text address the Committee’s recommendations concerning the family environment and alternative care arrangements and be in keeping with the Guidelines for the Alternative Care of Children.

67.As for paragraph 19 (c), the assistance provided by the special protection units at the national level grew steadily in the period 2013–2022. There were 28,398 children and adolescents registered with the units in 2022, up from 3,830 in 2013. There are currently special protection units in 22 of the country’s departments.

68.Regarding measures to expand access to special protection units, in 2021, the Ministry of Culture adopted guidelines on the creation of culturally relevant services through the incorporation of an ethnic component in public bodies.

69.With regard to the issue raised in paragraph 19 (d), in line with the standard established in Legislative Decree No. 1297 on the need to favour foster care over residential care, the Ministry for Women and Vulnerable Groups reported that, at the end of 2022, the special protection units had issued foster-care measures in respect of 8,508 children and adolescents and temporary residential-care measures for 2,793 children and adolescents. Furthermore, pursuant to the Legislative Decree, the Foster Family Bank was set up in 2018. Currently, 688 individuals and families have joined the institution.

70.With regard to paragraph 19 (e), under Legislative Decree No. 1297 and its regulations, all foster-care measures ordered by a special protection unit are monitored through technical reports by the unit itself.

71.Where the measure consists of placement in a residential care centre, the General Directorate for Children and Adolescents of the Ministry for Women and Vulnerable Groups is responsible for ensuring periodic supervision through unannounced visits. To that end, a directive on the supervision of residential care centres at the national level was adopted in 2020. In 2022, residential care centres were monitored 299 times nationwide through initial accreditation and accreditation renewal procedures, periodic visits and situation-specific visits.

72.With regard to paragraph 19 (g), the provisions on adoption procedures contained in Legislative Decree No. 1297 and its regulations are in line with international standards in this domain. Furthermore, since 2017, the Ministry for Women and Vulnerable Groups has adopted a series of legal instruments to ensure that the safeguards in the administrative adoption process prioritize the best interests of the child. The instruments include: (i) a directive entitled “Criteria and technical and operational procedures for the assessment of children and adolescents – declaration of suitability of applicants for priority adoptions”, (ii) the social work guide, (iii) the adoption interview and psychological evaluation guide, (iv) the methodological guide on national post-adoption follow-up and (v) the technical criteria in the administrative procedure for special adoptions.

Children with disabilities (art. 23)

73.With regard to the issue raised in paragraph 20 (a) of the list of issues, Act No. 30797 on the promotion of inclusive education, amending article 52 of the General Education Act (No. 28044) and adding articles 19-A and 62-A, was adopted on 19 June 2018 to effectively guarantee an inclusive approach to all forms of education and to make psychology professionals members of the education community.

74.In addition, a framework plan to guide the implementation of inclusive education from a territorial perspective taking into account how to ensure organization and institutional and intergovernmental coordination (Framework Plan for Inclusive Education) was adopted in 2022.

75.With regard to the issue raised in paragraph 20 (b), the Ministry of Education has prepared and disseminated support materials on various topics for administrators and teachers in special basic education centres and early intervention programmes with the aim of promoting the comprehensive development of students with disabilities within the framework of the basic education curriculum. In addition, virtual educational support for students with disabilities, provided by interdisciplinary teams of professionals trained to provide guidance on inclusive education, has been made available to directors and teachers of students with disabilities. Through the Directorate of Specialized Education Services, the Ministry of Education provided assistance to administrators and the teachers of 17,735 students with disabilities between 2020 and 2021.

76.With regard to the issue raised in paragraph 20 (c), the Ministry of Education has developed a booklet to promote the enrolment of students with disabilities in the different forms of basic education and to answer frequently asked questions that may arise for students with disabilities and their families when seeking a place in an educational institution.

77.With regard to paragraph 20 (d), priority objective 3 of the National Multisectoral Policy on Disability for Development envisages various services aimed at ensuring comprehensive health access and coverage for persons with disabilities, including service 11 pertaining to prevention, detection and early intervention from an interdisciplinary perspective. Furthermore, the technical health standard for the implementation of the Community-based Rehabilitation Strategy was adopted in 2017 to promote the commitment to work with children and adolescents with disabilities at the social and educational levels.

78.The right of public and private sector workers to take leave for the provision of medical care and rehabilitation to their minor children or wards with disabilities, another right worth highlighting, has been recognized in Peruvian law since 2013 to ensure access to, continuity of and appropriate administration of treatment for children and adolescents with disabilities. In addition, Emergency Decree No. 017-2019 introduced measures to reduce the size of the uninsured population, providing for immediate affiliation with the Comprehensive Health Insurance for residents of the country who do not have health insurance, including children and adolescents. The Basic Health Insurance Plan, to which this affiliation provides access, includes benefits related to rehabilitation for children and adolescents.

79.With regard to paragraph 20 (e), in 2020, the National Council for the Integration of Persons with Disabilities began the process of decentralizing the National Disability Register to enable subnational governments to establish their own regional or municipal register with a view to diversifying and facilitating access to the National Register at the local level.

80.Likewise, the regulations governing the National Disability Register were amended to introduce measures guaranteeing the registration of natural persons and the conduct of orientation seminars at special basic education centres to provide information about the requirements and benefits of the National Register.

81.The discrepancies between the 2017 census data and the national specialized survey on disability result from the fact that the census and the survey have different objectives. While the 2012 national specialized survey on disability sought to compile quantitative information concerning persons with disabilities, specifically on their social, demographic and economic situation, the census aimed to collect data on the population in general, housing and its spatial distribution at the population level.

82.With regard to the issue raised in paragraph 20 (f), the Ministry of Education has developed various educational tools since 2020 addressing diversity. These include 14 primers, 15 infographics, 8 interactive booklets, 2 articles and 16 videos. In addition, 20 virtual spaces have been created to provide training to education experts from the regional education directorates and education management units, directors, teachers and parents.

Basic health and welfare (arts. 6, 18 (3), 24, 26, 27 (1)–(3) and 33)

Health and health services

83.With regard to the issues raised in paragraph 21 (a) of the list of issues and the COVID-19 vaccination process, the Ministry of Health issued communiqué No. 486 in 2021, informing the public that the COVID-19 vaccine would be accessible locally, universally, free of charge and without distinction or exclusion. Furthermore, several protocols were issued to ensure that vaccination was rolled out according to the characteristics of the population, including one protocol on COVID-19 vaccination for children aged 5 to 11 years and another for adolescents aged 12 to 17.

84.Regarding programmes to combat maternal, infant and child mortality, malnutrition and infectious diseases, the technical health standard for monitoring growth and development in children under 5 years of age was adopted in 2017. Between 2018 and 2019, 250 professionals nationwide were trained in this technical standard through internships designed to build capacity to perform growth and development checks, with a focus on early childhood development.

85.After the onset of the national health emergency, circular No. 267-2021-DGIESP/MINSA on recommendations to guarantee the continuity of growth and development checks in primary care during the COVID-19 pandemic was disseminated.

86.Furthermore, the implementation of measures aimed at universal health insurance coverage, as well as the budget programmes for maternal and neonatal health and temporary child development, has helped reduce infant mortality and improve immunization coverage. Also of note is the adoption of (i) the technical health standard for the implementation, operation and promotion of human milk banks in Peru and (ii) the technical health standard for neonatal screening for congenital hypothyroidism, congenital adrenal hyperplasia, phenylketonuria, cystic fibrosis, congenital hypoacusis and congenital cataracts.

87.With regard to the issues raised in paragraph 21 (c), a technical guide on community support groups to promote and protect breastfeeding was adopted in 2014. In line with the technical guide, multiple workshops have been held to train regional facilitators; there are currently 88 community support group facilitators, most of whom are from Junín (35), Cuzco (24) and Ica (16). Furthermore, the Ministry of Health reported that it has 420 public and private breastfeeding centres nationwide.

88.In addition, the Breastfeeding Week Plan was adopted, as was a technical fact sheet on the infant feeding regulation for the purpose of conducting unannounced visits to public and private health establishments. Regarding the activities of the Multisectoral Commission for the Promotion and Protection of Breastfeeding, the Multisectoral Strategic Plan for the Promotion and Protection of Breastfeeding was adopted in 2023.

Adolescents and mental health

89.With regard to the issues raised in paragraph 22 (a) of the list of issues, according to the Ministry of Health, the actions taken under the Multisectoral Plan for the Prevention of Adolescent Pregnancy 2013–2021 include promoting care for pregnant women with a focus on risk to prevent complications and reduce the maternal mortality rate, strengthening the response capacity of the Committees for the Prevention of Fetal, Neonatal and Maternal Mortality, implementing a system for monitoring pregnant women through the identification of obstetric risk at the primary care level, prioritizing intervention in areas with the highest mortality rates and monitoring maternal morbidity at the regional level to identify and design plans to manage any obstetric complications. It is also worth mentioning that steps are being taken to formulate a new multisectoral plan for the period 2024–2027.

90.With regard to paragraph 22 (b), it should be noted that the entire adolescent population in the country is entitled to comprehensive care under the Basic Health Insurance Plan, which is covered by the Comprehensive Health Insurance. According to information gathered by the Ministry of Health, as of 2023, 1,751,389 adolescents have received health services under the Basic Health Insurance Plan (30.1 per cent more than the target figure), of whom 527,967 have concluded with the Plan package. In addition, in 2023, a total of 4,028 health sector professionals nationwide participated in capacity-building for the delivery of the comprehensive care package for adolescents and young people.

91.With regard to paragraph 22 (c), “therapeutic abortion” is provided for in article 119 of the Criminal Code. In terms of implementation, a national technical handbook on the standardization of comprehensive care for pregnant women who, with their informed consent, undergo a voluntary therapeutic termination of pregnancy before the twenty-second week of pregnancy was adopted in 2014.

92.Despite these regulations, many barriers to access to therapeutic abortion at health facilities continue to be reported nationwide, including in cases of girls who are victims of rape. According to data provided by the Office of the Ombudsman following an assessment carried out in 2021, only 29 per cent of the 70 primary health-care facilities surveyed in various departments, and only 51 per cent of the 39 secondary health-care facilities, were aware of the national technical handbook.

93.Regarding the implementation of the Committee’s recommendations in the case Camila v. Peru, the State deeply regrets the events that led to the rights violation and is committed to complying with the recommendations. To that end, the Ministry for Women and Vulnerable Groups has promoted legislative initiatives to decriminalize abortion in cases of child pregnancy and, on 23 August 2023, a technical round table was held to monitor the implementation of the recommendations by Congress, in which the Vice-Chair of the Committee, public officials, civil society and various United Nations agencies took part.

94.The necessary steps have been taken to guarantee access to a therapeutic abortion for Mila, the author in the case Mila v. Peru, an individual communication that is currently being considered by the Committee, as well as post-abortion and psychological care.

95.It should also be noted that, since 2020, the Ministry of Health has recorded an increase in the number of therapeutic abortions performed nationwide. There were 156 in 2020, 85 in 2021, 106 in 2022 and 128 as of the second half of 2023. In comparison, there was a total of 113 legal abortions between 2016 and 2019.

96.With regard to paragraph 22 (d), the Ministry of Health published an online study on the mental health of children and adolescents in the context of COVID-19 in 2020. Subsequently, the “Suicide Prevention in My Community” guidelines, explaining suicide prevention strategies and the services provided by the Ministry, were developed and published in 2022.

97.With regard to paragraph 22 (e), according to the Ministry of Health, 748 children (up to 11 years of age) and 1,272 adolescents (aged 12–17) living with HIV are receiving antiretroviral treatment. To reduce morbidity in this population, the technical health standard for the comprehensive care of children and adolescents with HIV was adopted in 2020.

98.In addition, the technical health standard for the prevention of mother-to-child transmission of HIV, syphilis and hepatitis B was adopted in 2019. In Peru, the mother‑to‑child transmission rate has been on a downward trend over the last five years. It fell by 54 per cent between 2016 and 2020; the national rate was 3 per cent in 2021.

99.The most salient points in the aforementioned technical health standards include the following: (i) all care provided to pregnant women/mothers and their children to prevent mother-to-child transmission of HIV is completely free of charge, including medication, laboratory tests and supplies; (ii) polymerase chain reaction tests (PCR-DNA-HIV-1) should be performed in the first months of life on the children of mothers diagnosed with HIV to rule out HIV infection early; (iii) all children with a confirmed HIV diagnosis are placed on antiretroviral treatment regardless of the clinical stage of the infection, CD4 lymphocyte count or viral load; and (iv) infants exposed to HIV through mother-to-child transmission are entitled to free breastmilk substitutes up to the age of 1.

Standard of living

100.With regard to paragraph 24 (a) of the list of issues, on poverty reduction, the National Non-Contributory Pension for Persons with Severe Disabilities in Poverty (CONTIGO) was set up in 2015 to grant a bimonthly non-contributory pension of S/. 300 to persons with severe disabilities living in poverty. As of 2023, CONTIGO had 106,628 beneficiaries nationwide, including children and adolescents.

101.Also noteworthy is the creation of the National Municipal Seal, a non-monetary award from the State aimed at helping local governments achieve the goals and implement the services under the 2030 National Development and Social Inclusion Policy. As part of the sixth edition of the award in 2022, in which 818 municipalities across the country participated, the following actions were taken: (i) 2,437 meetings of local coordination units were held to examine and monitor the care provided by participating local governments to children under the age of 1 through the comprehensive package of prioritized children’s services and (ii) the status of 1,921 community organizations providing water and sanitation services was formalized by the municipal technical authorities to improve access to good quality water services.

102.Furthermore, since 2006, Peru has had policy and management tools to guarantee drinking water, sewerage, wastewater treatment and related services. These were implemented as follows: (i) “Water Is Life” National Sanitation Plan 2006–2015, (ii) National Sanitation Plan 2017–2021 and (iii) National Sanitation Plan 2022–2026. The National Sanitation Policy was adopted in 2017.

103.Currently, the main instrument for the implementation of the National Sanitation Policy is the National Sanitation Plan 2022–2026, which, unlike the general policy, considers the impact of sanitation service deficiencies on certain vulnerable groups, including children and adolescents.

104.Concerning actions to improve access to drinking water and sanitation in rural areas, in 2023, the National Rural Sanitation Programme, established in 2012, completed 80 comprehensive sanitation projects in rural areas of 17 departments with populations living in poverty or extreme poverty, including 9,160 connections to the water supply and 11,495 connections to the wastewater network for the benefit of 67,494 people.

105.With regard to paragraph 24 (b), the Ministry of Development and Social Inclusion took a number of steps to align services with public health measures and ensure their continuity during the COVID-19 pandemic. In addition:

(a)The National Direct Assistance Programme for the Very Poor (JUNTOS) helped restore make it possible for children and adolescents to regain access to health services through temporary support for the strengthening of child development. As part of this support, 442 households in 1,592 districts nationwide (185 provinces, 25 departments) were enrolled in only 105 days;

(b)The Qali Warma National School Nutrition Programme provided food baskets to 4,194,062 beneficiaries at 64,556 educational institutions. It also advocated the adoption of Legislative Decree No. 1472 to roll out the Supplementary Food Service for people in vulnerable situations who lost income during the pandemic. Through the Service, 3,185,301 food baskets were distributed to 3,158,972 persons in vulnerable situations in 2020, and 2,771,977 food baskets were delivered to 1,399,525 such persons in 2021;

(c)CONTIGO rolled out the CONTIGO is Listening strategy consisting in the provision of remote emotional support assistance using the active or empathic listening technique, thus improving the quality of life of beneficiaries and caregivers. Between October 2020 and April 2023, a total of 15,226 beneficiaries and caregivers received emotional support through this strategy; 154 virtual training sessions were held with 6,678 strategic allies.

106.With regard to paragraph 24 (c), the beneficiaries of the national programmes JUNTOS and CONTIGO are surveyed annually to gather information on the services provided to them and their needs. The findings inform the redesign of the programmes and the definition of new strategies to coordinate activities with other sectors.

Education, leisure and cultural activities (arts. 28–31)

107.With regard to the issue raised in paragraph 25 (a) of the list of issues, data obtained from the Integrated Public Sector Administration and Finance System of the Ministry of Economic Affairs and Finance and the educational census of the Ministry of Education indicate that public spending on education per student has been evolving in recent years. Between 2016 and 2021, the average expenditure per student increased from S/. 2,717 to S/. 3,406 at the preschool level, from S/. 2,707 to S/. 3,558 at the primary level and from S/. 3,868 to S/. 4,853 at the secondary level.

108.With regard to the issue raised in paragraph 25 (b), the Rural Education Policy was adopted in 2018. In 2021, a new model for residential secondary education in rural areas was established.

109.With regard to the issue raised in paragraph 25 (c), several regulatory instruments have been issued to address the consequences of the rapid development of private education in Peru. In 2020, for example, Emergency Decree No. 002-2020 was issued to amend the Private Schools Act (No. 26539), establishing measures to combat informality in the provision of privately managed basic education services and to strengthen the basic education provided by private educational institutions.

110.In 2021, regulations for private educational institutions providing basic education were published; they set out provisions governing the functioning of private schools and administrative procedures relating to the provision of basic education.

111.Guidelines establishing the basic conditions for the provision of educational services in basic education were adopted in 2021 and provisions for the process of ensuring that privately managed educational institutions meet basic requirements were adopted in 2022.

112.With regard to the issue raised in paragraph 25 (d), the General Education Act (No. 28944) recognizes that education is a public service that is also free of charge when provided by the State at any level and in any form. This premise is reaffirmed in ministerial decision No. 447-2020-MINEDU, which establishes the guidelines for enrolment in basic education institutions.

113.Although private schools may charge for enrolment, provided that the students and their families or representatives have been previously informed of the charges, they may not require payments of other kinds (fees, donations, contributions or other charges) as a condition for continuing with the enrolment process.

114.With regard to the issue raised in paragraph 25 (e), two initiatives have been implemented to improve students’ access to State schools in rural areas and the Amazon basin. The first – the Solidarity Routes Initiative – is targeted at students in remote or hard‑to‑access rural areas and provides for the distribution or redistribution of bicycles and supplementary equipment to reduce the time and cost of travelling from home to school. Since its inception, 123,040 bicycle kits have been distributed to 193 local education management units in rural areas. At the time of writing, the Solidarity Routes Initiative serves 4,922 rural schools in 186 local education management units in 23 of the country’s departments.

115.The River Routes Initiative provides students living in areas of the Peruvian Amazon with a river transport service to make it easier for them to attend school.

116.The Ministry of Education implemented the National Strategy for Reintegration and Retention in the Education System in 2021 and 2022 to tackle the problem of children and adolescents who discontinue their studies or drop out of school. In the first year of its implementation, it was reported that 57,854 children and adolescents in special basic education or regular basic education who had interrupted their studies in 2020, or 38.77 per cent of those targeted by the initiative, had returned to school. In 2022, 64,415 children and adolescents in special basic education or regular basic education who had dropped out of school in 2021 were reported to have returned to their schools. In other words, the strategy benefited more than 50 per cent of students who had dropped out of school.

117.With regard to the issue raised in paragraph 25 (f), attention should be drawn to the guidelines on comprehensive sex education in basic education, which provide guidance on the relevant and timely provision of such education in public and private basic education institutions and programmes.

Special protection measures (arts. 22, 30, 32, 33, 35, 36, 37 (b)–(d) and 38–40)

Asylum-seeking, refugee and migrant children

118.With regard to the issues raised in paragraph 26 of the list of issues, the Special Commission for Refugees usually takes differentiated measures to assess applications for refugee status, depending on whether the child is in the country with his or her family or legal representative or is unaccompanied.,

119.Applications submitted by family groups containing one or more children or adolescents in a situation of special vulnerability (for example, because they have a chronic illness or are victims of violence) are prioritized by the Special Commission so that its decision can be issued and the children concerned can have access to the services necessary for their care in accordance with the rights recognized for refugees in the country.

120.Interviews to determine the eligibility of unaccompanied children and adolescents always take place with the participation of the Ministry for Women and Vulnerable Groups. If the unaccompanied child or adolescent is a national of Venezuela, the expanded definition of refugee established in article 3 (b) of the Refugee Act (No. 27891) applies.

Economic exploitation, including child labour

121.With regard to the issue raised in paragraph 27 (a) of the list of issues, the Domestic Workers Act (No. 31047) establishes that the minimum age for domestic work is 18. Act No. 31110 on the labour system in the agriculture sector and incentives for the agriculture, irrigation, agricultural exports and agro-industrial sectors prohibits child labour and the recruitment of children and adolescents.

122.With regard to the issue raised in paragraph 27 (b), the Ministry of Labour and Job Creation reported that, during the implementation of the National Strategy for the Prevention and Eradication of Child Labour, the child labour rate in the country fell by 4.4 percentage points, from 14.8 per cent in 2012 to 10.4 per cent in 2019. However, this trend was disrupted by the pandemic, during which the indicator rose by 1.7 percentage points, reaching 12 per cent in 2020 and 12.1 per cent in 2021. In 2022, the child labour rate was 9.8 per cent, resuming the downward trend observed before the pandemic.

123.With regard to the issue raised in paragraph 27 (c), in order to promote compliance with the regulations restricting and/or prohibiting the participation of children and adolescents in employment, a procedure for obtaining prior authorization for adolescents to work for others or in other forms of dependent employment was implemented in 2020.

124.With regard to the issue raised in paragraph 27 (d), the national household survey, conducted by the National Institute of Statistics and Informatics makes it possible to periodically monitor the scope of child labour, broken down by geographic area. Ministerial decision No. 1114-2016-TR adopted the methodological document on measuring the scope of child labour in Peru and, on the basis of the national household survey, established three indicators for calculating it.

Children in street situations

125.With regard to the issue raised in paragraph 28 (a) of the list of issues, the protocol for the Street Educators Service of the Child and Adolescent Protection Services Unit of the National Comprehensive Family Welfare Programme was adopted in 2021. Data obtained from the national population and housing census of 2017 indicated that about 6,308 children and adolescents live in dwellings not intended for human habitation and 33,376 live in makeshift dwellings. A total of 209,381 children and adolescents were working for cash in hand or payment in kind. The majority were aged between 12 and 17 and were working independently or were self-employed.

126.With regard to the issue raised in paragraph 28 (b), the Peruvian National Police implemented a strategy in 2023 to strengthen the preventive measures taken by ordinary police stations in schools around the country with a view to promoting peace and healthy coexistence in schools in high crime areas in the Lima Metropolitan Area and Callao. To date, 2,054 school children at the basic education level have received visits and been informed about the prevention of school violence, domestic violence, sexual violence and drug abuse.

127.Since 2018, talks, training sessions, competitions and sporting events, among other activities, have been organized in order to change attitudes and raise awareness of the problems of drug use and the links between this offence and illicit drug trafficking. Such events take place under preventive programmes such as “Together against Drugs” (a community-based programme), “For a Country without Drugs” (a multisectoral programme), “For a Future without Drugs” (an educational programme) and “Police in Action against Drugs” (a programme run by the Peruvian National Police and the armed forces). To date, a total of 61 in-person and online activities have been carried out, reaching 7,446 people, including students in basic education.

128.With regard to the question raised in paragraph 28 (d), the protocol for the Street Educators Service was adopted in 2021. As of 2023, the Street Educators Service is active in 21 departments in the country. During the current year alone, the Service has provided assistance to 8,670 children and adolescents in street situations and situations of child labour.

Administration of child justice

129.With regard to the issues raised in paragraph 29 (b), in order to encourage the use of extrajudicial and non-custodial measures in situations where adolescents are in conflict with the law, the Public Prosecution Service, acting pursuant to article 144 (a) of Act No. 27337, the Code on Children and Adolescents, applies prosecutorial diversion, by which it promotes abstention from prosecution or the removal from proceedings of adolescents who have committed an offence that is not among the most serious with a view to providing specialized guidance to enable their rehabilitation and social reintegration under guidance programmes informed by a restorative approach.

130.Adolescent guidance services operate under the National Programme for Youth Centres to assist in the implementation of non-custodial social and educational measures and ancillary measures. As of 2023, there are 25 adolescent guidance services nationwide, operating in a number of judicial districts. Administrative decision No. 287-2018-CE-PJ, establishing the protocol for the application of juvenile criminal mediation, was adopted in 2019.

131.With regard to the issues raised in paragraph 29 (c), Legislative Decree No. 1348 – the Code of Criminal Responsibility for Adolescents – and its implementing regulations make it possible to apply different custodial measures to adolescents in conflict with the law. The National Programme for Youth Centres has adopted a number of regulatory instruments to safeguard the rights of adolescents subject to custodial measures and to ensure their welfare in juvenile detention centres and their reintegration into society.

Optional Protocol on the sale of children, child prostitution and child pornography

132.With regard to the issue raised in paragraph 30 of the list of issues, the Multisectoral Policy to Combat Organized Crime 2019–2030 is a public policy instrument that seeks to address organized crime in a holistic manner.

133.With regard to the follow-up given to the concluding observations issued in connection with the initial report of Peru under article 12 (1) of the Optional Protocol, in 2022, 2,731 police officers participated in 10 online workshops on the subject of missing persons, trafficking in persons, cybercrime and the use of information and communications technology for investigations. The workshops were aimed at the police regions and units of Piura, Tumbes, Tacna, Moquegua, Cuzco, Madre de Dios, Puno, Arequipa, San Martín, Amazonas, Loreto, Ucayali, Huánuco, Pasco, La Libertad, Lambayeque, Ayacucho and the valley of the Apurímac, Ene and Mantaro Rivers.

134.Between 2013 and 2023, the Ministry for Women and Vulnerable Groups organized a number of training activities on trafficking in persons, the sexual exploitation of children and adolescents, and the prevention of violence in digital environments, reaching 7,616 participants (officials, the staff of services for preventing violence and supporting victims of violence, and citizens) nationwide.

135.In order to increase the capacity of the Peruvian National Police and the judiciary to detect and prosecute offences under the Optional Protocol, the definition of the offence used in investigating and prosecuting trafficking in persons and the related management tools have been amended. Act No. 302451 improved the definition of the offence of trafficking in persons to include, among “other purposes”, the exploitation and sale of children and adolescents, prostitution and any form of sexual exploitation. Subsequently, Act No. 31146 amended the Criminal Code, the Code of Criminal Procedure and the Act to Combat Trafficking in Persons and the Smuggling of Migrants (No. 28950) to establish that this offence must be treated as an offence against human dignity.

136.Prior to the adoption in 2021 of the 2030 National Policy on Trafficking in Persons and Related Forms of Exploitation, two national plans on the subject were implemented over the periods 2011–2016 and 2017–2021. Furthermore, five bilateral agreements were signed (with Ecuador, Chile, Colombia, Bolivia and Argentina) to promote cooperation at the regional level and thus to combat trafficking in persons and related offences.

Optional Protocol on the involvement of children in armed conflict

137.With regard to the question raised in paragraph 31 of the list of issues, article 2 of the Act on Voluntary Military Service (No. 29248) establishes that the minimum age for participating in national defence services is 18 years. A general ban on forced recruitment, including that of children and adolescents, has been incorporated into article 6 of the same Act. In 2016, the protocol on assistance for persons and families rescued from terrorist groups was adopted as a technical tool that sets out guidelines on intersectoral measures to restore the rights and autonomy of individuals and families rescued from terrorism, including children and adolescents, and their sustainable reintegration into their families and communities. The protocol was amended in 2021.

III.Statistical information and data

General measures of implementation (arts. 4, 42 and 44 (6))

138.With regard to the issue raised in paragraph 34 of the list of issues, within the women and vulnerable populations sector, public spending on children and adolescents increased by 417 per cent between 2014 and 2023, based on figures from the amended institutional budget.

139.The Ministry of Development and Social Inclusion reported that the national childcare programme known as Cuna Más received S/. 164,215,592 in 2013. In 2023, its budget already amounts to S/. 483,438,290. The programme JUNTOS, 97.8 per cent of whose target members (pregnant women, and children and adolescents) are under 18 years of age, has a budget of S/. 1,001,730,953 for 2023.

140.The Qali Warma National School Nutrition Programme had a total overall budget of S/. 2,052,977,112 in 2023, more than double the budget allocated to it in 2013 (S/. 857,304,169). Between 2020 and 2023, the budget for the implementation of the programme CONTIGO increased from S/. 138,587,933.30 in 2020 to S/. 234,447,783.00 (the amount planned for 2023).

141.In addition, the sum allocated under the Ministry’s Multi-Year Investment Programme for the functional budget structure of budget programme 1001 (specific products for early childhood development, relating to the budget programme for early childhood development) amounted to S/. 2,999,485,782.

General principles (arts. 2, 3, 6 and 12)

142.With regard to the issue raised in paragraph 35 (a) of the list of issues, the Public Prosecution Service reported that there were 18 cases of discrimination against children and adolescents between 2013 and 2022. All the cases were registered in three judicial districts: Amazonas (3), Ancash (3) and Apurímac (12). In 77.7 per cent of cases involving child or adolescent victims, the victims were male.

143.With regard to the issue raised in paragraph 35 (b), figures collected by the National Programme for the Prevention and Eradication of Violence against Women and Family Members indicate that, between January and August 2023, eight cases with characteristics of femicide in which the victim was a girl were processed.

Civil rights and freedoms (arts. 7, 8 and 13–17)

144.For information on the issue raised in paragraph 36 of the list of issues, see paragraphs 40 and 41 of this document.

Violence against children (arts. 19, 24 (3), 28 (2), 34, 37 (a) and 39)

145.With regard to the issue raised in paragraph 37 (a) of the list of issues, 37,533 complaints of sexual abuse were reported to the Public Prosecution Service between 2012 and 2023. Of these, 7 per cent resulted in an acquittal, 19 per cent in a conviction and 74 per cent were closed.

146.With regard to paragraph 37 (b), between 2017 and 2022, 1,834 marriages between a female adolescent and an adult were registered, which equates to 90.6 per cent of the marriages registered involving an adolescent during the period concerned (only 9.4 per cent of these marriages were between adolescents). The year with the highest prevalence of child marriages was 2017 (26.22 per cent), after which a gradual fall in the number per year has been seen. Between 2020 and 2022, the department with the largest number of child marriages was Piura, with 115, followed by Lambayeque (105), and Cajamarca (75).

147.With regard to paragraph 37 (c), the Peruvian National Police reported that they had received 52,092 reports of missing children and adolescents between 2019 and March 2023. The year with the largest number of reports (16,442) was 2019. With regard to general trends, the jurisdiction with the largest number of reports of missing children under 18 years of age is Lima, which accounted for 52 per cent of the total number of reports received between 2019 and March 2023.

148.The number of reports of missing children and adolescents filed with the Peruvian National Police is gradually decreasing. In comparative terms, the number of reports received in 2022 was 35.9 per cent lower than the number received in 2019.

149.With regard to paragraph 37 (d), between January 2022 and July 2023, the special protection units registered the admission of 2,509 child and adolescent victims of sexual violence. Between July 2021 and April 2023, the women’s emergency centres attended to 8,931 child and adolescent victims of physical violence, who benefited from protective measures, and 4,090 child and adolescent victims of rape, who also benefited from protective measures. In six of these cases, the children and adolescents were identified as victims of sexual exploitation.

150.Between June 2020 and August 2023, 575 indirect victims of femicide received financial assistance on 1,067 separate occasions.

Family environment and alternative care (arts. 5, 9–11, 18 (1) and (2), 20, 21, 25 and 27 (4))

151.With regard to the issues raised in paragraph 38 (a) of the list of issues, between 2017 and 2022, a total of 36,397 children and adolescents were registered in residential care centres nationwide. Of that number, 55.89 per cent were girls and 44.10 per cent boys. The department with the largest number of children and adolescents in residential care centres during this period was Lima, with 31 per cent of the total. The Ministry for Women and Vulnerable Groups has reported that there are 248 residential care centres nationwide, of which 35 per cent are public and 65 per cent private.

152.With regard to the issue raised in paragraph 38 (b), it is reported that, between 2018 and March 2023, a total of 739 children and adolescents were fostered by individuals or families from the Ministry’s Foster Family Bank.

Children with disabilities (art. 23)

153.With regard to the issue raised in paragraph 39 (e) of the list of issues, the Ministry of Education reports that, in terms of access to regular basic education by children and adolescents with disabilities, enrolment rates in preschool and primary education have gradually decreased since 2015. At the preschool level, the number of pupils with disabilities enrolled fell from 17,127 in 2015 to 4,022 in 2022. At the primary level, the number of children with disabilities fell from 51,296 in 2015 to 27,237 in 2022. At the secondary level, contrary to what has been observed at the preschool and primary levels, the enrolment rate of children with disabilities has grown, from 11,605 in 2015 to 29,712 in 2022.

154.Through early intervention programmes and special basic education centres, there has been an average annual growth rate of 4 per cent in the number of students with disabilities enrolled in specialized educational services. The enrolment rate in early intervention programmes was 108 per cent higher in 2022 than in 2013, while the enrolment rate in special basic education centres grew by 26 per cent over the same period. As of 2022, a total of 25,186 children and adolescents with disabilities had access to one of the special basic education services (19 per cent to early intervention programmes and 81 per cent to special basic education centres).

155.With regard to the issues raised in paragraph 39 (f), between July 2021 and April 2023, the women’s emergency centres attended to 1,363 children and adolescents with disabilities. Between April 2022 and April 2023, a total of 1,318 calls handled by the 100 hotline involved persons with disabilities. Between August 2022 and April 2023, the urgent care service dealt with 77 cases; between May 2022 and April 2023, the rural care service dealt with 18 cases involving children and adolescents with disabilities.

Basic health and welfare (arts. 6, 18 (3), 24, 26, 27 (1)–(3) and 33)

156.With regard to the issue raised in paragraph 40 (a) of the list of issues, in 2021–2022 the National Institute of Statistics and Informatics reported that the neonatal mortality rate was 11 per 1,000 live births, the infant mortality rate was 17 per 1,000 live births and the child mortality rate was 20 per 1,000 live births. A worrying aspect in relation to these reported mortality rates is that at all stages – neonatal, infant and childhood – children and adolescents in rural areas are at higher risk of death than their peers who are born or live in urban areas.

157.Low birth weight has been identified as a risk factor for their health and survival. Among children who were weighed at birth in 2022, 6.7 per cent weighed less than 2.5 kg. By area of residence, the prevalence of low birth weight was higher in rural areas (8.2 per cent) than in urban areas (6.2 per cent).

158.The main causes of neonatal mortality include the following: (i) asphyxia and related causes, (ii) neonatal aspiration of milk and regurgitated food, (iii) infections, (iv) fatal congenital malformations (v) other causes and (vi) the most common cause, premature birth.

159.With regard to the issue raised in paragraph 40 (b), the Ministry of Health has reported the following national data on tracer vaccines by age during the period from 2013 to 2022:

(a)With regard to immunization coverage of newborns, coverage with BCG vaccine against tuberculosis has decreased in recent years. In 2013, 95 per cent of newborns were vaccinated, while in 2022 that rate decreased to 89.2 per cent. The rate of vaccination against hepatitis B has remained relatively stable: in 2013, it stood at 82.3 per cent and in 2022 at 79.2 per cent;

(b)For infants under 1 year of age, polio immunization coverage reached a peak of 95.6 per cent in 2018. However, there was a significant reduction in this progress in 2020, when coverage fell to 71.6 per cent. By 2022, coverage increased to 81.8 per cent, although it has not yet returned to pre-pandemic levels;

(c)The lowest reported coverage level for the combined pentavalent vaccine against diphtheria, tetanus, pertussis, hepatitis B and haemophilus influenzae type B was in 2020, when only 72.2 per cent of children under 1 year of age were vaccinated. By 2022, it was reported to have increased to 82.3 per cent, coming close to reaching the last reported level prior to the COVID-19 pandemic of 88.1 per cent in 2019;

(d)For the influenza vaccination, 100 per cent coverage was achieved in 2014, 2016, 2018, 2019 and 2021. In 2022, the vaccination rate was 97.2 per cent;

(e)Among 1-year-old children, 93.7 coverage was achieved for the pneumococcal vaccine in 2018, while in 2022 coverage reached only 70.7 per cent. In 2018, 97.6 per cent of the target group received the MMR vaccine against measles, mumps and rubella, compared to only 74 per cent in 2022, the year with the lowest coverage recorded between 2013 and 2022;

(f)Among 4-year-old children, coverage with the DPT vaccine against diphtheria, pertussis and tetanus peaked in 2018 at 70.2 per cent; however, between 2021 and 2022, the vaccination rate remained below 55 per cent (50.1 per cent in 2021 and 54.7 per cent in 2022). Significant progress has been made in expanding coverage with the second dose of the polio vaccine. From 0.4 per cent in 2012, coverage peaked at 68.2 per cent in 2018. In 2022, the vaccination rate for the second dose of the polio vaccine was 53.7 per cent.

160.Since the COVID-19 vaccination campaign was launched for children aged between 6 months and 4 years in September 2022 and December 2022, only 10.88 per cent have received a first dose and 2.97 per cent a second dose nationwide. In 2023, an increase in coverage was reported with respect to the previous year: between January and July of that year alone, 18.97 per cent of children in the target group received a first dose and 8.38 per cent a second dose.

161.The COVID-19 vaccination campaign for children aged 5 to 11 started in January 2022. For that year, first-dose coverage of 74.17 per cent and second-dose coverage of 61.29 per cent were reported. Between January and July 2023 alone, coverage reached 75.25 per cent for first doses and 62.54 per cent for second doses.

162.With regard to the issues raised in paragraph 40 (c), between 2018 and 2020 there was a sustained downward trend in the teenage pregnancy rate among 15–19-year-olds; at its lowest, the national average was 8.3 per cent. In 2021 and 2022, this percentage increased slightly (the national average was 8.9 per cent in 2021 and 9.2 per cent in 2022).

163.Although the changes in recent years have not been drastic, more advocacy and work are required in the area of sexual and reproductive health and teenage pregnancy prevention so that the national average continues to decrease and does not return to its pre-pandemic levels.

164.Relatively positive results have been observed when it comes to the reduction of teenage pregnancy rates at the national level, but the gap between the rates in urban areas (6.8 per cent) and rural areas (18.4 per cent) is still a matter of concern, as the rates in rural areas are practically three times higher than those in urban areas according to data collected in 2022.

165.Among adolescent girls between 12 and 17 years of age, 7.1 per cent are already mothers or are pregnant with their first child. Of this total, 5.2 per cent live in rural areas and 1.9 per cent in urban areas. By natural region, 4.9 per cent are from the jungle region.

166.Maternal mortality among young women has also decreased. According to the Centre for Disease Control and Prevention, there were 194 maternal deaths among women aged between 15 and 29 in 2021, compared to 135 in 2022, i.e., a reduction of 30.4 per cent. In 2023, up to epidemiological week 31, there were 73 maternal deaths among women in the same age range. It is therefore projected that by the end of 2023 there could be a reduction of a further 5.1 per cent compared to the reduction achieved in 2022.

Education, leisure and cultural activities (arts. 28–31)

167.With regarding to the issue raised in paragraph 41 (b) of the list of issues, dropout rates in the period from 2015 to 2022 varied depending on the level of basic education. At the preschool level, trends in relation to an increase or reduction in the number of children who drop out of these educational services and programmes are unstable. Although a considerable increase in the number of children dropping out at the preschool level was reported in 2019–2020 (from 41,391 in 2018–2019 to 70,438 in 2019–2020), the dropout rate progressively decreased in 2020–2021 and 2021–2022.

168.At the primary level, the dropout rate increased in 2019–2020, when 61,720 children dropped out, and then decreased considerably in 2020–2021, when only 41,009 children dropped out. Although there was a further increase in 2021–2022 from 41,009 to 52,296, it did not reach the levels reported during the peak year of the health emergency.

169.At secondary level, the situation is different, as dropout rates were higher before the pandemic than during and after it. In 2015–2016, 2016–2017 and 2017–2018, more than 90,000 adolescents dropped out of school on average. By 2019–2020, that figure dropped to 57,551, and in 2020–2021 the most dramatic decrease in the dropout rate was observed, with only 17,314 enrolled adolescents dropping out of school. Although the number of students who dropped out increased again in 2021–2022 (to 32,105), it has not returned to pre‑pandemic levels.

170.With regard to the issues raised in paragraph 41 (c), between September 2013 and March 2023, 53,546 cases of school violence were registered through the SíSeVe platform. Of that total, 54 per cent involved violence between students, while 46 per cent involved violence by school staff against a student. Among students, the most common type of violence was physical violence, accounting for 60.58 per cent of reported cases, while psychological violence accounted for 29.27 per cent and sexual violence for 10.14 per cent. The most commonly reported type of violence committed by school staff against students was psychological violence (41.67 per cent), followed by physical violence (32.6 per cent) and sexual violence (25.67 per cent).

171.The three departments with the largest number of complaints registered through the platform are: Lima Metropolitan Area (39.72 per cent), Piura (7.95 per cent) and San Martín (4.06 per cent). The departments with the largest number of complaints of violence by school staff against students are: Lima Metropolitan Area (31.8 per cent), Junín (5.64 per cent) and Piura (5.58 per cent).

Special protection measures (arts. 22, 30, 32, 33, 35, 36, 37 (b)–(d) and 38–40)

172.With regard to the issue raised in paragraph 42 (a) of the list of issues, from 2016 to April 2023, the National Migration Authority reported that a total of 254,341 foreign children and adolescents were in the country. Of this total, the majority are children aged between 6 and 11 (51 per cent). There are slightly more boys (50.7 per cent) than girls (49.2 per cent) in this cohort.

173.The number of children and adolescents who entered the country with one of their parents between 2016 and April 2023 is estimated at 62,301, the majority aged between 6 and 11 (53.9 per cent).

174.A total of 797 children and adolescents have refugee, asylum-seeker or permanent migrant status, accounting for 0.3 per cent of the total number of foreign children and adolescents in the country. The Ministry for Women and Vulnerable Groups reported that, between 2018 and October 2023, the special protection units offered assistance to a total of 6,197 foreign children and adolescents of 40 different nationalities. Of that total, 81.5 per cent are Venezuelan nationals.

175.With regard to the issue raised in paragraph 42 (b), there has been a progressive increase in the number of foreign adolescents in conflict with the criminal law, especially since 2018. Between 2015 and 2022, 248 adolescents were subjected to custodial socio‑educational measures; the largest number of such measures – 87 – was imposed in 2022.

176.With regard to the issues raised in paragraph 42 (c), the number of migrant and refugee students enrolled in regular basic education services was reported to be almost four times higher in 2022 than in 2015. There were 48,930 enrolled foreign students in 2018 (50.7 per cent male and 49.3 per cent female), and this number increased to 192,671 (46.9 per cent male and 53.1 per cent female) by 2022.

177.Broken down by level of regular basic education, the figures are as follows:

(a)At the preschool level, the number of foreign children increased from 13,037 in 2015 to 40,143 in 2022;

(b)At the primary level, the number increased from 22,142 in 2015 to 99,825 in 2022;

(c)At the secondary level, the number increased from 13,751 foreign students in 2015 to 52,703 in 2022.

178.With regard to the issue raised in paragraph 43 (a) of the list of issues, according to the national household survey, from 2012 to 2021, an average of more than 10 per cent of adolescents aged 14 to 17 nationwide performed work considered hazardous because of the long hours. This trend is observed among both poor adolescents and adolescents who are not poor, and the main economic activities in which they are engaged are agriculture, fishing and mining.

179.In addition, according to the results of the Child Labour Risk Identification Model, there is a high risk of child labour in 557 districts in the country, a moderate risk in 617 districts and a low risk in 689 districts. It is expected that the information gathered within the framework of the Child Labour Risk Identification Model will help focus the implementation of advocacy and prevention measures in this area.

180.With regard to the issues raised in paragraph 44 (a) of the list of issues, according to the National Programme for Youth Centres, between 2015 and 2019, the number of adolescents subject to custodial socio-educational measures remained above 2,000. That number fell from pre-pandemic levels to 1,520 in 2020, 1,633 in 2021 and 1,785 in 2022, primarily due to the measures taken by juvenile facilities to reduce overcrowding and thus prevent the spread of COVID-19. Most custodial measures are imposed on adolescent boys; for example, in 2022, when a total of 1,785 custodial measures were imposed, only 4 per cent of those sanctioned were girls, while boys accounted for 95.7 per cent.

181.Between 2015 and 2022, a decrease in the number of adolescents between the ages of 14 and 18 subject to custodial measures was observed. In 2015, 82 per cent of the 1,943 custodial socio-educational measures were handed down against adolescents under 18 years of age, compared to only 63 per cent of the 1,785 custodial socio-educational measures handed down in 2022.

182.Between 2015 and the first quarter of 2023, most of the adolescents in conflict with the law who were detained in the Youth Assessment and Rehabilitation Centres were subject to custodial sentences of no less than 2 years and no more than 4 years and 6 months. However, since 2015, the percentage of adolescents whose stay is 5 years or longer has increased from 14 per cent to approximately 20 per cent. In addition, in the first quarter of 2023, 20 per cent of the adolescents in Youth Assessment and Rehabilitation Centres were in pretrial detention.

183.With regard to the issue raised in paragraph 44 (b), according to the National Programme for Youth Centres, there was a gradual increase in the number of adolescents subject to non-custodial socio-educational measures between 2015 and 2019. This increase was influenced by the creation of 20 additional adolescent guidance services on top of the five in place before 2015, each located in a separate judicial district of the country.

184.During that period, the largest number of non-custodial measures – 1,790 – was imposed in 2017, and that figure remained relatively stable in 2018 (1,679) and 2019 (1,734). Although this number decreased slightly between 2020 and 2022, it should be noted that 434 non-custodial measures were imposed in the first quarter of 2023 alone.

Optional Protocol on the sale of children, child prostitution and child pornography

185.With regard to the issues raised in paragraph 45 (a) of the list of issues, the Ministry of the Interior reports that, from January 2020 to April 2023, it registered a total of 918 complaints related to the crime of child pornography. Most of the complaints for this crime were referred by the prosecutors’ offices (69.93 per cent), followed by those received through the Peruvian National Police (26.3 per cent). During the reporting period, the largest number of complaints for the crime of child pornography was registered in 2021 (51 per cent).

186.From the 918 complaints received, 24 victims have been identified. Eighty-four persons have been arrested in connection with the complaints.

187.As reported by the judicial authorities, between 2019 and 2023, a total of 99 convictions were handed down against perpetrators of the crime of propositioning children and adolescents for sexual purposes (art. 183-B of the Criminal Code). Most of these convictions (88.8 per cent) were handed down in the last three years.

188.With regard to the question raised in paragraph 45 (b), it has been reported that, in the residential care centres under the responsibility of National Comprehensive Family Welfare Programme, a total of 112 child and adolescent victims of human trafficking were identified in 2023. Of these victims, 53.57 per cent have an individual workplan with reintegration components, while 46.53 per cent do not yet have one.

Optional Protocol on the involvement of children in armed conflict

189.With regard to the issue raised in paragraph 46 (a) of the list of issues, the Special Commission for Refugees has registered 383 refugee or asylum-seeking children from five countries where there is a high risk of forced recruitment or where children and adolescents are used in hostilities. Of the registered cases, 94 per cent are nationals of Colombia, while the remaining 6 per cent are nationals of the Congo, El Salvador, Guatemala and Yemen.

IV.Conclusions

190.During the reporting period, the Peruvian State made every effort to advance in the protection of the human rights of children and adolescents through the fulfilment of its international commitments, with an emphasis on its obligations under the Convention and the Optional Protocols.

191.Although various adverse circumstances have posed a challenge to the continuity of these efforts, State institutions have adopted the measures and policies described in the report in order to guarantee the well-being of the population, especially those in vulnerable situations, such as children and adolescents.

192.Therefore, the Peruvian State reiterates its commitment to the ideals and principles that motivated the adoption of the Convention, as well as to the strengthening of democratic institutions, the observance and guarantee of human rights and the implementation of the Sustainable Development Goals.