THE GENDER PERSPECTIVE IN THE LEGAL CUSTOMS OF THE ORIGINATING POPULATION OF THE PUNO REGION

• Autor: José Alfredo Pineda Gonzales
• Formato: artículo
• Fecha de Publicación: 2021
• Institución: Universidad Nacional del Altiplano
• Repositorio: Revista UNAP - Revista de Derecho
• Lenguaje: español
• OAI Identifier: oai:oai:revistas.unap.edu.pe/rd:article/122
• Enlace del recurso: http://revistas.unap.edu.pe/rd/index.php/rd/article/view/122
• Nivel de acceso: acceso abierto

For the development of an egalitarian society, the gender perspective is not only a concern of theory and political debate, but it has also been incorporated into our legislation and public policies. The identification of various gender gaps, disclosed by situations of inequality between men and women in various extents of human development, constitutes an unfortunate reality. The State has demonstrated concern regarding this situation and consequently has created a state policy on gender equality. The state has established a regulatory framework for the progressive achievement of equality between men and women. In several areas of the state, the application of gender perspective is now mandatory. Although this is significant, there is another regulatory framework in addition to the official one that efficiently governs the lives of people. We refer to the customary law, which is gestated within the aboriginal populations. Customs constitute a means in which social and legal matters are developed in a dynamic and sustained way. Considering the duality of norms that govern interrelationships in the Andean community, in other words, the official legal norms and legal customs, it is important to discuss this issue among the customary law to verify if such normative dynamic includes the gender perspective within its construction and application. In this research -part of a more extensive one- we aim to determine if the legal customs that form customary law in the aboriginal populations of Puno apply the gender perspective, thus pursuing equality between men and women. Regarding the methodology, the research used is of a descriptive type, since it is an interpretive fieldwork. For the interpretive-analytic process, we used the phenomenological-hermeneutical method, since the purpose is to understand, interpret, deepen the meanings from the point of view of the actors, and establish relationships between meanings and context. We did a qualitative analysis, collecting information through interviews. For the selection of the sample, key informants representing the aboriginal populations of our region, justices of the peace, community authorities, ronderos and ronderas, both from the Quechua and Aymara regions of the Puno Region, were considered. We conclude that there are lags of patriarchal culture, demonstrated by the predominance of the interest of men over those of women, in the Puno Region. This demonstrates unequal relationships that prevent the development of women, restraining them from fulfilling roles for which they are qualified. However, the concept of men-women relationships has evolved recently, and social development and participation of women in the family are promoted, thus demonstrating the progressive application of gender perspective in the construction of social and legal reality. Our results could contribute to generate new studies related to gender, customary law, and interculturality.