Article 2
Every person has the right:
1. To life, his identity, his moral, psychical, and physical integrity, and his free development and well-being. The unborn child is a rights-bearing subject in all cases that benefit him.
11. To choose his place of residence, to move freely throughout the national territory, and to leave the country and return to it, except restrictions for reasons of health or due to a court order, or to the application of the Immigration Act.
15. To work freely, in accordance with the law.
24. To freedom and personal security. In consequence:
a. No one is obliged to do what the law does not command, nor prevented from doing what the law does not prohibit.
b. No restrictions whatsoever to personal freedom shall be permitted, except in cases provided by the law. Slavery, servitude, and traffic in human beings are prohibited in any form.
c. There is no imprisonment for debts. This provision does not restrict court orders in the case of contempt regarding child support obligations.
h. No one shall be a victim of moral, psychical, or physical violence, nor be subjected to torture or inhuman or humiliating treatment. Any individual may immediately request a medical examination for the injured person or someone who is unable to appeal to the authorities by himself. Statements obtained by means of violence are null and void. Whoever employs such violence shall be held liable.
Article 22
Work is a right and a duty. It is the foundation for social welfare and a means of self-realization.
Article 23
Work, in its diverse forms, is a matter of priority concern for the State, which provides special protection for working mothers, minors, and persons with disabilities.
The State promotes conditions for social and economic progress, in particular through policies aimed at encouraging productive employment and work education.
No working relation can limit the exercise of constitutional rights, nor disavow or disrespect the dignity of workers.
No one is obliged to work without pay or without his free consent.
Article 24
The worker is entitled to adequate and fair compensation that ensures both himself and his family material and spiritual well-being.
Payment of wages and social benefits for the worker takes priority over any other obligation of the employer.
Minimum wages are regulated by the State with participation of representative organizations of workers and employers.
Article 25
The normal workday is eight hours, or the normal workweek is forty-eight hours, at the longest. In the case of cumulative or atypical workdays, the average number of work hours during an equivalent period may not exceed that maximum.
Workers have the right to weekly and annual paid vacations. This benefit and compensation are regulated by law or agreement.
Article 26
The following principles must be respected in labor relationships:
1. Equal opportunity without discrimination.
2. Inalienability of the rights recognized by the Constitution and the law.
3. Interpretation in favor of the worker in cases of insurmountable doubt on the meaning of a regulation.
Article 151. Coercion
He who, by threat or violence, forces another to do what the law does not command or prevents him from doing what she does not prohibit will be repressed with imprisonment not more than two years.
Article 152. Kidnapping
A person who, without right, reason or justified faculty, deprives another of his or her personal liberty, regardless of the motive, purpose, modality or circumstance or time The aggrieved person suffers the deprivation or restriction of his freedom.
The penalty shall be not less than twenty nor greater than twenty-five years when:
1. It is abused, corrupted, treated with cruelty or endangers the life or health of the aggrieved.
2. Pretexts mental illness that does not exist in the aggrieved.
3. The aggrieved is an official, public servant or diplomatic representative.
4. The aggrieved is abducted for his activities in the private sector.
5. The aggrieved person is a relative, within the third degree of consanguinity or second affinity with the persons referred to in clauses 3 and 4 above.
6. The aggrieved is a minor or an elder.
7. Its purpose is to compel a public official or servant to release a detainee or an authority to grant unlawful demands.
8. It is committed to compel the aggrieved to join a criminal grouping or a third person to provide the offender with financial assistance or competition in any way.
9. Who, for the purpose of contributing to the commission of the crime of abduction, furnishes information which he has known by reason or on the occasion of his functions, office or office, or deliberately provides the means for the commission of the crime.
10. It is committed to obtain somatic tissues of the victim, without serious physical or mental damage.
The penalty shall be life imprisonment where the aggrieved person results in serious bodily harm or physical or mental health or death during the abduction or as a result of that act.
Article 153. Trafficking in persons
1. Any person who, through violence, threats or other forms of coercion, deprivation of liberty, fraud, deceit, abuse of power or vulnerability, granting or receiving payments or any benefits, captures, transports, receives or retains another, in the territory of the Republic or for its exit or entry of the country for exploitation purposes, is repressed with imprisonment of not less than eight nor more than fifteen years.
2. For purposes of paragraph 1, the purpose of exploitation of trafficking in persons includes, inter alia, the sale of children, adolescents, prostitution and any form of sexual exploitation, slavery or practices similar to slavery, any Form of labor exploitation, begging, forced labor or services, serfdom, extraction or trafficking of somatic organs or tissues or their human components, as well as any other analogous form of exploitation.
3. The recruitment, transport, transfer, reception, reception or retention of a child or adolescent for the purpose of exploitation is considered trafficking in persons, even when none of the means provided in subsection 1 is used.
4. The consent given by the adult victim to any form of exploitation has no legal effect when the agent has resorted to any of the means set out in paragraph 1.
5. The agent who promotes, favors, finances or facilitates the commission of the crime of trafficking in persons, is repressed with the same penalty provided for the perpetrator.
Article 153A. Aggravated Forms of Trafficking in Persons
The penalty shall be not less than twelve nor more than twenty years of imprisonment and disqualification pursuant to article 36, paragraphs 1, 2, 3, 4 and 5 of the Penal Code, when:
1. The agent commits the act by abusing the exercise of the public function;
2. The agent is a promoter, member or representative of a social, guardianship or business organization, that takes advantage of this condition and activities to perpetrate this crime.
3. There are plurality of victims;
4. The victim is between fourteen and under eighteen years of age or is incapable;
5. The agent is a spouse, partner, adopter, guardian, conservator, relative up to the fourth degree of consanguinity or second degree of affinity, or has the victim in his care for any reason or live in the same household.
6. The act is committed by two or more persons.
The penalty shall be a deprivation of liberty of not less than 25 years, when:
1. Death, serious injury or imminent danger to the life and safety of the victim.
2. The victim is less than fourteen years of age or has, temporarily or permanently, a physical or mental disability.
3. The agent is part of a criminal organization.
Article 168. Attack on freedom of work and association
A prison sentence of not more than two years shall be repressed, which obliges another person, by violence or threat, to perform any of the following acts:
1. Integrate or not a union.
2. Provide personal work without the corresponding remuneration.
3. Work without the conditions of industrial safety and hygiene determined by the authority. The same penalty shall apply to the one who fails to comply with the decisions consented or enforced issued by the competent authority; And to which it diminishes or distorts the production, simulates causes for the closure of the work center or leaves it to extinguish the labor relations.
Article 179. Favoring prostitution
Anyone who promotes or favors the prostitution of another person shall be punished with imprisonment of not less than two years and not more than five years.
The penalty shall be not less than four nor more than twelve years when:
1. The victim is under the age of fourteen.
2. The author employs violence, deception, abuse of authority, or any means of intimidation.
3. The victim is deprived of discernment for any cause.
4. The author is a relative within the fourth degree of consanguinity or second of affinity, or is a spouse, concubine, adopter, guardian or conservator or has the offender in his care for any reason.
5. The victim is in a situation of abandonment or extreme economic need.
6. The author has made pimping his trade or way of life.
Article 181. Procurement
Anyone who engages, seduces, or subtracts a person from another person for the purpose of sexual intercourse, or who delivers it for this purpose, shall be punished with imprisonment of not less than two years and not more than five years.
The penalty shall be not less than five nor more than twelve years, when:
1. The victim is less than eighteen years of age.
2. The agent uses violence, threat, abuse of authority or other means of coercion.
3. The victim is a spouse, concubine, descendant, adoptive child, son of his spouse or his concubine, or is in his care.
4. The victim is turned over to a pimp.
Article 182. Trafficking in Persons
Any person who promotes or facilitates the entry or exit of the country or the transfer within the territory of the Republic of a person for prostitution shall be punished with imprisonment of not less than five years nor more than ten years.
The penalty shall be not less than eight nor more than twelve years, if any of the aggravating circumstances listed in the previous article.
Article 303A. Illicit traffic in migrants
Any person who promotes, favors, finances or facilitates the illegal entry or exit of the country of another person, in order to obtain, directly or indirectly, profit or any other benefit for himself or for a third party, shall be punished with imprisonment of not less than Four or more than six years.
Article 303B. Aggravated Forms of Smuggling of Migrants
The penalty shall be not less than five nor more than eight years of imprisonment and disqualification under Article 36, paragraphs 1, 2, 3, 4 and 5 of the Penal Code, when:
1. The agent commits the act by abusing the exercise of the public function.
2. The agent is a promoter, member or representative of a social, guardianship or business organization, that takes advantage of this condition and activities to perpetrate this crime.
3. There are a plurality of victims.
4. The victim is between fourteen and under eighteen years of age, or is incapable.
5.The fact is committed by two or more people.
6. The agent is a spouse, cohabiting partner, adopter, guardian, conservator, relative up to the fourth degree of consanguinity or second degree of affinity, or has the victim in his care for any reason or live in the same household.
The penalty shall be deprivation of liberty not less than 25 years, when:
1.The death of the victim is caused, a serious injury that endangers the life or safety of the affected migrants;
2. The conditions of transport seriously endanger their physical or mental integrity.
3. The victim is under fourteen years of age or has, temporarily or permanently, a physical or mental disability.
4. The agent is part of a criminal organization.Peru Penal Code
Paragraph 374
Decree No. 1139 of 28 August 1821, article 1 of which provides as follows:
“The services which Peruvians hitherto known by the name of Indians or natives have performed under the title of mitas, pongos, encomiendas and yanaconazgos, and all other forms of personal servitude, are hereby abolished and no one may force them to render service against their will.”
Decree No. 1140, of 4 July 1825, which provides that: “No one in the State shall directly or indirectly require any personal service of the indigenous Peruvians except under the terms of a contract freely entered into for the remuneration of such service.”
Decree No. 1588 of 3 December 1854, promulgated by Marshal Ramón Castilla, the sole article of which provides that:
“As from today all men and women, regardless of their age, who have hitherto been held in Peru to be slaves or serfs, whether their condition as such is due to their having been sold into slavery or having been born into slavery, or who for any other cause find themselves subjected to perpetual or temporary servitude, shall be for ever completely free.”
Article 55 of the Political Constitution of the State, which has been in force since 9 April 1933, provides as follows:
“No one may be obliged to perform personal service without his free consent and without due recompense.”
The Agrarian Reform Act No. 1507, of 21 May 1964, in conformity with earlier enactments, abolished anti-social systems of labour and land working, providing as follows:
“With effect from the promulgation of this Act, all contracts whereby the use of land is granted subject to the performance of services, even if such services are remunerated in cash, are hereby revoked. Personal service of any kind shall automatically be subject to labour legislation.”
Paragraph 376
The Peruvian Penal Code defins certain practices similar to slavery as punishable offences. Thus, article 225 provides that:
“Any person who, taking advantage of the ignorance and moral weakness of a certain class of indigenous inhabitants or of other persons of similar condition, reduces them to a condition equivalent or similar to servitude shall b epunished by rigorous or ordinary imprisonment for a term not exceeding one year or by a fine of thirty to ninety days’ income and, in either case, by the special disabilities provided for in article 27, paragraphs 1, 2 and 3 for a period not exceeding five years.”
Paragraph 96
On 2 July 1937 the Government of Peru made a law prohibiting parents to abandon or sell their children under the age of 16 years and penalizing people who received them. On 18 July 1946 another law was made regulating the acquisition of children under 16 years of age and imposing on the Department of Native Affairs the duty of supervising the welfare of children so acquired under the law and seeing that they are adequately fed and paid and that their health and education are cared for.
