Decreto Legislativo No. 1236 de Migraciones
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25.09.2015 |
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Yes |
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El Peruano, Año 32, no. 13408, 26 de setiembre de 2015, p. 562285-562302 http://busquedas.elperuano.com.pe/download/url/decreto-legislativo-de-migraciones-decreto-legislativo-n-1236-1292707-6 (last accessed on 28.04.2016) |
Summary
On 25 September 2015, the President of Peru promulgated the legislative decree No. 1236 on Migrations. The decree regulates migrations issues and immigration of nationals and foreigners on Peruvian territory.
Under the preliminary title, the decree sets forth principles such as – inter alia – the recognition of the contribution of migrants to the development of the country, respect for human rights, non-criminalization of irregular migration, non-discrimination and the best interest of the child and family unity.
Article 8 also recognizes human rights of foreigners while Articles 11 and 62 state for family reunification rights. Furthermore, Article 17 grants special protection to foreigners in vulnerable situations, such as children, people with disabilities, indigenous people, and victims of sexual violence or human trafficking.
In line with Peru international obligations, Article 46 recognizes asylum and refugee status. Article 59 also creates a humanitarian immigration status to protect the people that are in vulnerable situation but cannot apply for asylum or refugee status. According to the decree, this status would apply to individuals migrating in reason of natural disaster, human trafficking, internationally recognized humanitarian crisis, as well as to unaccompanied minors and stateless persons
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