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The ombudsmen are institutions that investigate to defend rights. The results of their research produce at least these two effects: the verification of the rights affected or put at risk, and the formulation of recommen-dations to introduce positive changes in functional behavior, norms or public policies. But, due to the treatment they receive from state enti-ties, the nature of a recommendation or its significance does not seem to be clear, and even less the obligations that the authorities have in relation to them. This essay approaches the language and the meaning of the recommendations, their “non-binding” nature, and the route that should be followed for their compliance, their discussion, and the use of complementary means to ensure that the defense of rights continues. The basis of the analysis is fundamentally the work carried out by the Peruvian Ombudsman, and the author’...
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artículo
The ombudsmen are institutions that investigate to defend rights. The results of their research produce at least these two effects: the verification of the rights affected or put at risk, and the formulation of recommen-dations to introduce positive changes in functional behavior, norms or public policies. But, due to the treatment they receive from state enti-ties, the nature of a recommendation or its significance does not seem to be clear, and even less the obligations that the authorities have in relation to them. This essay approaches the language and the meaning of the recommendations, their “non-binding” nature, and the route that should be followed for their compliance, their discussion, and the use of complementary means to ensure that the defense of rights continues. The basis of the analysis is fundamentally the work carried out by the Peruvian Ombudsman, and the author’...
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artículo
The ombudsmen are institutions that investigate to defend rights. The results of their research produce at least these two effects: the verification of the rights affected or put at risk, and the formulation of recommen-dations to introduce positive changes in functional behavior, norms or public policies. But, due to the treatment they receive from state enti-ties, the nature of a recommendation or its significance does not seem to be clear, and even less the obligations that the authorities have in relation to them. This essay approaches the language and the meaning of the recommendations, their “non-binding” nature, and the route that should be followed for their compliance, their discussion, and the use of complementary means to ensure that the defense of rights continues. The basis of the analysis is fundamentally the work carried out by the Peruvian Ombudsman, and the author’...
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Publicado 2006
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There is a phrase that the rebellious youth of May 1968 repeated in the streets and squares of Paris, perhaps oblivious to the dangerous implications of its meaning: "let's be realistic, let's ask for the impossible." It is probable that the original desire of this phrase was to dramatize on the public stage, appealing to the paradox of assigning concreteness to the limitless dimension of his political and cultural dreams. Without a doubt, a valid clamor in the midst of the libertarian choreography of that time. But, set in history, the phrase summarizes, with incredible precision, the disturbing ideology of any utopia.