By Rocío Gómez1
November 2023

On November 12th, with a majority of 72 votes in favor, 26 votes against, and 6 abstentions, the Peruvian Congress passed Law 31.935 entitled “Law Recognizing the Rights of the Conceived Child,”2 which modifies the Civil Code by expressly protecting the right to life from conception, in accordance with what the Constitutional text establishes.

The Political Constitution of Peru states in Article 2.1 that “the conceived child is a bearer of rights in everything that benefits him.”3 However, the Civil Code was not clear in its provisions, as its wording allowed interpretations that narrowed these rights and were detrimental to the unborn. The Civil Code established in Article 1 that “the human person is a bearer of rights from birth.”4 Thus, it made a distinction between the unborn or conceived child and the human person. In the findings and purpose of the new law, it explained that “the criterion adopted by our Civil Code of 1984 followed doctrines that limited the recognition of the conceived child as a bearer of rights, conditioning their personhood, dignity, and identity to being born alive.”5

The new wording goes further than the previous law because it not only recognizes the right to life for the unborn but also mentions a long list of rights that they hold from the moment of conception. Currently, the law states:

“The conceived child is a bearer of rights in everything that benefits him, in accordance with Article 2 of the Political Constitution. These rights are based on human dignity. The rights of the conceived child include the following:

a) The right to life.

b) The right to health.

c) The right to moral, psychic, and physical integrity.

d) The right to identity.

e) The right to free development and well-being.

f) Other rights that benefit him.”

Peru has worked hard to achieve this advancement in the protection of the rights of the most vulnerable people. Congressman Alejandro Muñate, one of the spokesmen for the Life and Family Bloc in Peru, has pointed out that “there was a need to develop and detail a list of rights that our Constitution precisely seeks to protect from conception.”6

The presence of the Life and Family Bloc in Peru is leaving a very positive mark on the protection of the right to life. Less than a year ago, Peru approved a law on hospital care for children born prematurely.7 On the contrary, it is regrettable how in countries like Argentina, where abortion through misoprostol is allowed, which results in the expulsion of the baby, who is often born alive, the baby is left abandoned without providing necessary care.

It remains to be seen if any other country in our region joins these Peruvian initiatives and defends its citizens without distinction.

To read this report in Spanish, translate our website using the translate option within the side menu, or download it here.

  1. Lawyer. Senior Fellow Latin America. Americans United for Life. ↩︎
  2. LAW No. 31935. LAW THAT RECOGNIZES THE RIGHTS OF THE CONCEIVED CHILD. Available at: https://busquedas.elperuano.pe/dispositivo/NL/2235408-1 ↩︎
  3. Full text available at: https://cdn.www.gob.pe/uploads/document/file/198518/Constitucion_Politica_del_Peru_1993.pdf?v=1594239946 ↩︎
  4. Full text available at: https://www.mimp.gob.pe/files/direcciones/dgfc/diff/normatividad_nacional_general/2_Codigo_Civil.pdf ↩︎
  5. Statement of reasons available at the bill text: PL078520211118 (congreso.gob.pe) ↩︎
  6. Declaration available in news article: https://www.aciprensa.com/noticias/101933/congreso-de-peru-aprueba-ley-que-reconoce-derechos-de-los-ninos-por-nacer ↩︎
  7. LAW No. 31856: LAW ENSURING HEALTH CARE ACCORDING TO THE INDIVIDUAL NEEDS OF THE PREMATURE NEWBORN. Available at: https://busquedas.elperuano.pe/dispositivo/NL/2200792-3 ↩︎

Print