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1
artículo
Publicado 2020
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From the judgment of the Barrios Altos case vs. Peru, the InterAmerican Court of Human Rights began to develop the concept of «serious violations of rights» and their consequences in the national criminal sphere. Despite being a consolidated standard, nowadays there are still doubts about what acts should be classified under such legal category and if it is correct to limit certain procedural and criminal guarantees in order to achieve their criminalization. This paper explains these controversies in order to propose a legal solution that avoids impunity and ensures the legitimacy of the legal system.
2
artículo
Publicado 2017
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Enlace
The author presents us the increasing force of the partnership between International Law and its entities by one side and the National States by the other, without impairing with its Sovereignty; and also how this process has created a surveillance and supervision praxis, focused on the possibility that State activities may affect the rights of its citizens.This article includes as well a survey on the theory and legal precedents that are most noteworthy, pointing to comprehend the passing from a subsidiary vision of the international legal order towards the national to one that is complementary, without prejudice to unpolished or unfinished aspects of the agenda. Everything in order to the full effect of Human Rights.
3
artículo
Publicado 2015
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As a product of the armed violence and the human rights violations committed in the decades of the eighties and nineties, the Peruvian government initiated a process of transitional justice in order to compensate the victims and reconcile a fragmented and divided society. However, there are still issues pending in that matter. One of these issues is the search of the missing persons.The present article will delve into the importance of a policy of search of missing persons in the light of the international obligations on human rights matters of the Peruvian state, and will analyze the weaknesses of their judicial actions to accomplish this task. The need of a centralized organism in charge of this function will be sustained, and a normative proposal for its implementation in the Peruvian legal system will be presented.
4
artículo
Publicado 2017
Enlace
Enlace
The author presents us the increasing force of the partnership between International Law and its entities by one side and the National States by the other, without impairing with its Sovereignty; and also how this process has created a surveillance and supervision praxis, focused on the possibility that State activities may affect the rights of its citizens.This article includes as well a survey on the theory and legal precedents that are most noteworthy, pointing to comprehend the passing from a subsidiary vision of the international legal order towards the national to one that is complementary, without prejudice to unpolished or unfinished aspects of the agenda. Everything in order to the full effect of Human Rights.
5
artículo
Publicado 2019
Enlace
Enlace
The present paper seeks to describe the process of recognition of gender identity as a prohibited reason for discrimination in International Human Rights Law (hereafter, IHRL) and show how this has allowed a better protection of the rights of trans people. For it, this document realizes a classification of the speeches that have addressed the situation of these people and their relationship with the law. On this basis, it is postulated that the IHRL have supported a model that seeks the depathologization of trans identities and it is explained which the actual protection standard that States must comply in order to protect the right of identity of that population.
6
artículo
Publicado 2019
Enlace
Enlace
The present paper seeks to describe the process of recognition of gender identity as a prohibited reason for discrimination in International Human Rights Law (hereafter, IHRL) and show how this has allowed a better protection of the rights of trans people. For it, this document realizes a classification of the speeches that have addressed the situation of these people and their relationship with the law. On this basis, it is postulated that the IHRL have supported a model that seeks the depathologization of trans identities and it is explained which the actual protection standard that States must comply in order to protect the right of identity of that population.
7
artículo
Publicado 2015
Enlace
Enlace
As a product of the armed violence and the human rights violations committed in the decades of the eighties and nineties, the Peruvian government initiated a process of transitional justice in order to compensate the victims and reconcile a fragmented and divided society. However, there are still issues pending in that matter. One of these issues is the search of the missing persons.The present article will delve into the importance of a policy of search of missing persons in the light of the international obligations on human rights matters of the Peruvian state, and will analyze the weaknesses of their judicial actions to accomplish this task. The need of a centralized organism in charge of this function will be sustained, and a normative proposal for its implementation in the Peruvian legal system will be presented.
