1
artículo
Publicado 2023
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Is the Right to Adequate Housing recognized in the Peruvian Political Constitution of 1993? What has the Constitutional Court ruled regarding this Right? How may the Public Law help to overcome the challenges imposed by the need to guarantee the Right to Adequate Housing? This article tries to answer these questions by analyzing the regulation of the Right to Adequate Housing in international treaties and instruments applicable to our country, and the national regulation and jurisprudence. The last section will reflect on the challenges to the Right to Adequate Housing under the framework created by the National Housing and Urban Policy (2021) and the Act 31313, Sustainable Urban Development Act.
2
artículo
Publicado 2020
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¿Cómo afecta la pandemia del COVID-19 a las ciudades? ¿Cuál es el impacto de las medidas adoptadas para combatir dicha enfermedad respecto del derecho urbanístico? ¿Cuáles son los principales retos impuestos por dicha enfermedad a esta rama del derecho administrativo? El presente artículo busca dar respuesta a estas interrogantes a partir de la definición de derecho urbanístico y los principales ejes que conforman su contenido. Asimismo, se analiza el impacto de las nuevas políticas de distanciamiento social dentro de los espacios públicos, así como en el servicio de transporte. Por último, se esbozan unas breves reflexiones sobre la importancia de la vivienda como espacio para la convivencia y continuidad de actividades de los ciudadanos en este contexto actual.
3
artículo
COVID-19 Pandemic has created different challenges for Peruvian cities. How Urban Law and urban regulation should respond to those challenges? The article tries to respond to this question by revisiting the concept of Urban Law and the principles that are behind it. Moreover, the article will explore the impacts that the social distancing policies have had in territorial planning, public transport and public spaces and how this new context requires a reframe in the policies that regulate those sectors. The final section is dedicated to highlighting the importance of housing in the social distancing context and how the housing regulation should evolve to create a real safe-place from the risks imposed by the COVID-19 that allows the continuity of life in this new reality.
4
artículo
COVID-19 Pandemic has created different challenges for Peruvian cities. How Urban Law and urban regulation should respond to those challenges? The article tries to respond to this question by revisiting the concept of Urban Law and the principles that are behind it. Moreover, the article will explore the impacts that the social distancing policies have had in territorial planning, public transport and public spaces and how this new context requires a reframe in the policies that regulate those sectors. The final section is dedicated to highlighting the importance of housing in the social distancing context and how the housing regulation should evolve to create a real safe-place from the risks imposed by the COVID-19 that allows the continuity of life in this new reality.
5
artículo
Publicado 2023
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The objective of this article is to analyze the role of urban planning and building parameters in guaranteeing the right to adequate housing in Metropolitan Lima, with emphasis on social housing (SIV). To this end, we develop a state of the art on the urban regulation of SIV until December 2022, which shows that there is no consensus among the different levels of government regarding the mechanisms to promote the production of SIV and guarantee the right to housing. Then, we analyze the impact of urban and building parameters on the right to housing and other legal rights and goods.Based on this analysis, we present two arguments.First, we argue that the urban and building parameters approved by the municipalities of Metropolitan Lima represent a case of exclusionary zoning, as they limit or prohibit the production of ...
6
artículo
Publicado 2023
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The objective of this article is to analyze the role of urban planning and building parameters in guaranteeing the right to adequate housing in Metropolitan Lima, with emphasis on social housing (SIV). To this end, we develop a state of the art on the urban regulation of SIV until December 2022, which shows that there is no consensus among the different levels of government regarding the mechanisms to promote the production of SIV and guarantee the right to housing. Then, we analyze the impact of urban and building parameters on the right to housing and other legal rights and goods.Based on this analysis, we present two arguments.First, we argue that the urban and building parameters approved by the municipalities of Metropolitan Lima represent a case of exclusionary zoning, as they limit or prohibit the production of ...
7
artículo
Publicado 2023
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The objective of this article is to analyze the role of urban planning and building parameters in guaranteeing the right to adequate housing in Metropolitan Lima, with emphasis on social housing (SIV). To this end, we develop a state of the art on the urban regulation of SIV until December 2022, which shows that there is no consensus among the different levels of government regarding the mechanisms to promote the production of SIV and guarantee the right to housing. Then, we analyze the impact of urban and building parameters on the right to housing and other legal rights and goods.Based on this analysis, we present two arguments.First, we argue that the urban and building parameters approved by the municipalities of Metropolitan Lima represent a case of exclusionary zoning, as they limit or prohibit the production of ...
8
artículo
The following article evidences the importance of considering the concept and the components of the right to the city in the Peruvian legislation. For that purpose, it considers the growing recognition of the importance of cities under the ‘New Urban Agenda’ and the search for assurance of decent life quality for the inhabitants of a city. Moreover, the authors propose to overcome the conception of the city as a physical space where its sole purpose is to produce individual wealth and benefits, for its recognition as a space of interaction and citizen development as a collectivity. Based on this definition, the right to the city implies a guiding principle that seeks to generate spaces for community participation, a fair distribution of urban charges and benefits, and the promotion of active citizenship.
9
artículo
Publicado 2021
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The following article evidences the importance of considering the concept and the components of the right to the city in the Peruvian legislation. For that purpose, it considers the growing recognition of the importance of cities under the ‘New Urban Agenda’ and the search for assurance of decent life quality for the inhabitants of a city. Moreover, the authors propose to overcome the conception of the city as a physical space where its sole purpose is to produce individual wealth and benefits, for its recognition as a space of interaction and citizen development as a collectivity. Based on this definition, the right to the city implies a guiding principle that seeks to generate spaces for community participation, a fair distribution of urban charges and benefits, and the promotion of active citizenship.
10
artículo
The following article evidences the importance of considering the concept and the components of the right to the city in the Peruvian legislation. For that purpose, it considers the growing recognition of the importance of cities under the ‘New Urban Agenda’ and the search for assurance of decent life quality for the inhabitants of a city. Moreover, the authors propose to overcome the conception of the city as a physical space where its sole purpose is to produce individual wealth and benefits, for its recognition as a space of interaction and citizen development as a collectivity. Based on this definition, the right to the city implies a guiding principle that seeks to generate spaces for community participation, a fair distribution of urban charges and benefits, and the promotion of active citizenship.