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Actualizaciones en Inversión Pública: El Invierte.pe a 2 años de su entrada en vigencia, aspectos que llevaron a las modificaciones introducidas por el Decreto Legislativo 1432
(Pontificia Universidad Católica del Perú, 2019-08-03) Gaviño Masías, Karla Mónica
It’s been two years since the National Multiyear Programming and Investment Management System came into force. During this time, the practical experience helped to identify different aspects of its creation rules that needed to be improved. This article reviews those aspects and its regulation, according to the modifications contemplated in the new Legislative Decree 1432. While the level of decentralization already in place by the SNIP and its focus on state-run services rather than the work itself may be debatable, the truth is that SNIP served as the basis for the construction of the National Multi-Year Programming System and Investment Gestion, which captures many of the successes of the System and attempts to improve other aspects that remained outstanding.
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Avances en la lucha contra la desigualdad y la violencia por razón de género en el ámbito laboral
(Pontificia Universidad Católica del Perú, 2019-07-30) Quiñones Infante, Sergio; Tejada Yépez, Claudia
The purpose of this article is to assess the main progress that the peruvian state has made in preventing and eradicating gender-based inequality and violence in the workplace, given that in our country both phenomena constitute very serious problems that must be fought decisively and frontally. It is not, therefore, a task in which our country is alone; on the contrary, it is a global challenge with which we all aspire to live in a more equal and safer world. The big objective in this area by 2021 should be to become a bicentennial country in which wage gaps have been substantially narrowed, where women have full equal opportunities and live free from violence, within the framework of the implementation of public policies to promote gender equality and the empowerment of all women at all levels.
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Brecha salarial por género en el Perú y su tratamiento: reflexiones sobre la Ley de Igualdad Salarial y su Reglamento
(Pontificia Universidad Católica del Perú, 2019-08-03) Salas Zuñiga, Gabriela
The aim of this article is to analyze gender wage gap in Peru and the suitability of the measures taken by the Peruvian Government to deal with this very complex issue. In order to do so, the author analyzes the definition of the gender wage gap statistical indicator, and the current state of the gender wage gap in Peru, as well as its causes. After that, the author evaluates Equal Pay Law and its Regulation under the lens of international law just to conclude that Equal pay related legislation is consistent with the obligation of the Peruvian Government to adopt measures to overcome de facto inequality situation arisen between men and women in the workplace. Finally, the author identifies the challenges arisen by Equal pay legislation, which, even though could be considered a good first step to eliminate gender wage gap, shall be complemented by additional measures aimed to question gender roles and stereotypes.
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Crítica feminista a la penalización del aborto en casos de violación sexual: una mirada interseccional a propósito del embarazo infantil
(Pontificia Universidad Católica del Perú, 2019-08-03) Solís Peña, Victoria Natividad
This article analyzes the problem of the criminalization of abortion in cases of sexual rape from a critical feminist perspective. It emphasizes the differentiated impact that this discriminatory use of criminal law generates in girls under 14 years of age, regarding the increasingly alarming problem of child pregnancy in Peru and Latin America. Because of this, the author uses methodologies for analyzing the legal phenomenon proposed by feminisms, in the light of the principle of Higher Interest of the Child and international standards for the protection of children and gender equality, present in the International Human Rights Law.
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El delito de peculado y la apropiación de “gastos de representación” congresales
(Pontificia Universidad Católica del Perú, 2019-08-03) Chanjan Documet, Rafael; Quispe Meza, Daniel; Puchuri Torres, Flavio Cesar; Guevara Valera, Magnolia; Cano Tacza, Karenn; Borjas Torres, Patricia
This article discusses whether the collection and non-return of “representation expenses” by Congressmen of the Republic of Peru may result in criminal liability for the crime of embezzlement of public funds when they do not do correctly the representation activity, since it would be a monetary amount that constitutes a public funds that has been entrusted to the public official for his administration by reason of his office. In this regard, the legal nature of “representation expenses” will also be analyzed in order to argue that they are in fact “travel expenses” who must be duly regularized.
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Diálogos posibles en la investigación de la violencia sexual: Estándares interamericanos y el caso peruano
(Pontificia Universidad Católica del Perú, 2019-07-30) Mantilla Falcón, Julissa
The progress of the Interamerican Human Rights System has permitted expand the concept of sexual violence and visualize it as a violation of the human rights, in order to get legal standards to give more protection for victims. This article raises the dialogue between these inter-american standards and the Peruvian case in the period of internal armed conflict, reflected in the final report of the Commission of Truth and Reconciliation, and how this has generated an impact in the inter-american jurisprudence of human rights.
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Editorial. IUS ET VERITAS; Núm. 59 (2019)
(Pontificia Universidad Católica del Perú, 2019-07-30) León Rodríguez, Estephany
No presenta resumen
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Educación LGB+. El derecho fundamental a educación básica contra la discriminación por orientación sexual
(Pontificia Universidad Católica del Perú, 2019-07-30) Gonzales Otoya, Bruno Doig
The present paper justifies the existence of a fundamental right to an education that addresses and seeks to eradicate discrimination based on sexual orientation. To this end, the justification relies on the text of the Constitution, judicial precedents, and moral reasons. Specifically, the hypothesis is based on the right to equality and the right to education, widely recognized by the constitutional practice. Thereafter, the means of implementation for the said right are presented. Finally, the argument is confronted with the critics related to the power of the parents to guide the education of their children, which is based on the principles of pluralism and state neutrality.
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Género, alimentos y derechos: revisión del estado de la cuestión y análisis crítico
(Pontificia Universidad Católica del Perú, 2019-08-03) Ramírez Huaroto, Beatriz
This article will analyze Food Law from a gender perspective. Thus, the author develops the normative and jurisprudential framework on the subject in Peru. Likewise, quantitative and qualitative data on the resolution of conflicts regarding this topic are reviewed, which will allow to glimpse the interaction between the normative, structural and political-cultural components of the legal phenomenon Finally, the author develops an analysis on the application of a perspective gender in the regulation and practice of alimony.
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Incidencias de la perspectiva de género en la educación legal. Un recorrido exploratorio sobre el campo jurídico en Argentina
(Pontificia Universidad Católica del Perú, 2019-07-30) Costa Wegsman, Malena
The 1990s marked a turning point in terms of the impact of the gender category in legal discourse. In Latin America in general, and in Argentina overall, a series of sanctions at the legislative level began to take place since then, all of which have a diverse background. The enactment of these laws is intertwined with other stages of political life, such as the regulations implemented in public institutions and civil services, as well as the claims and many actions carried out throughout a wide range of social movements, political parties and work unions. University and academic education also played a key role in the transformation of the legal field in relation to gender equality and socio-sexual dissidence. Towards the end of the twentieth century, in some study programs of several Latin American universities, the vocabulary linked to gender studies and studies of sexualities is envisioned. In Argentina, the linkage between gender and law begins to emerge as a field of knowledge since the return to democracy in 1983, although it is consolidated during the 1990s and, with greater force, in recent years, based on a variety of events related to the positioning of feminisms in political life.This text submits an exploratory analysis of the incursion of gender and feminist content in the Argentine legal academy. The general purpose is to offer a review on the advances of the so-called gender perspective in university instruction, the political and conceptual complexities that such perspective entails.
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El ingreso mínimo garantizado en la Unión Europea Entre la crisis económica y el Pilar Europeo de los Derechos Sociales: aspectos críticos de un instrumento legal positivo y esencial para combatir la pobreza
(Pontificia Universidad Católica del Perú, 2019-08-03) Nato, Alessandro
Guaranteed minimum income is one of the most important rights of citizens of the Member States of the European Union. It is both an instance of market efficiency and those of inclusion and solidarity. The models of guaranteed minimum income have different characteristics between Member States (national welfare, access criteria, amount and duration of the transfer, methods of administration and place in the framework of social policies). Recently, EU has taken initiatives to sensitize the Member States on the strengthening of minimum income to help European citizens better. European institution have emphasized (in acts of soft-law) that guaranteed minimum income is an institution that allows the full and free participation of the individual in the social and productive reality of the community to which he belongs. However, in a context of economic crisis and the increase of vulnerable social groups, the minimum income has lost its efficacy and efficiency. Because of this situation, social inclusion measures need to be reinforced in order to assure a guaranteed minimum income to EU citizens, who do not have the financial resources to ensure a decent life. This article examines these issues. On the one hand, it outlines the ongoing dynamics in the EU level and examines the EU system against poverty and social exclusion. In addition, it studies the recent proposals under discussion such as the contribution of the European Pillar of Social Rights. On the other hand, it deepens the knowledge on the critical elements of the minimum income schemes in the Member States.
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¿El juez conoce el Derecho? Algunos aspectos controversiales con relación a la aplicación del principio de iura novit curia en el proceso civil
(Pontificia Universidad Católica del Perú, 2019-08-03) Prado Bringas, Rafael; Zegarra Valencia, Francisco
In this academic work, the authors look into the foundations and limitations of the iura novit curia principle in the Peruvian civil procedure, in order to give practical responses to the main challenges faced by judges in its application. Moreover, they explain that a good understanding of such principle should not permit a judge to submit a judgment based on legal causes that were not duly invoked and defined by the claimant, or that have not been discussed by the parties during the procedure. Finally, they propose that the application of the iura novit curia principle does not allow judges to render a “surprise decision” based on a legal argument that was not part of the controversy in the procedure.
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Lxs otrxs invisibles: Hacia una narrativa jurídica para la prohibición de las cirugías de “normalización genital”
(Pontificia Universidad Católica del Perú, 2019-07-30) Zelada, Carlos J.; Quesada Nicoli, Diego
Modern Medicine understands the intersex body as a pathology that must be corrected. Each year, hundreds of intersex newborns and children are subjected to genital “normalizing surgeries”: unnecessary, non-consensual and irreversible medical procedures that seek to adapt them to the status quo of corporal virtue. In this text, the authors present the main domestic and international legal discourses built around this medical practice. They conclude that, compared to national systems, International Human Rights Law has been crystalizing a legal standard prohibiting these interventions, but that it is urgent to have a contentious case before an international tribunal that so orders.
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El mandato de toma de conciencia en la Convención Internacional sobre los Derechos de las Personas con Discapacidad frente a los estereotipos interseccionales en medios de comunicación sobre mujeres con discapacidad
(Pontificia Universidad Católica del Perú, 2019-07-30) Bregaglio Lazarte, Renata Anahí; Ramos Obregón, Valquiria; Constantino Caycho, Renato Antonio; Verano Calero, Cristina
This paper highlights the connections between representations of women with disabilities in mass media and the discrimination they face, in light of the State obligations derived from the Convention on the Rights of Persons with Disabilities (CRPD). The paper recognizes that this group faces intersectional forms of discrimination; because of this, the authors propose that a State obligation to prevent the perpetuation of stereotypes on gender and disability in mass media can be derived from a joint reading of CRPD and the Convention to Eliminate Discrimination Against Women. By analyzing representation in mass media, this paper finds that media outlets tend to convey false or protectionist stereotypes of women with disabilities. In consequence, the authors propose that responsible exercise of media-related professions should (i) reflect persons with disabilities’ demands for accessibility, (ii) highlight the positive impact of inclusive environments, (iii) include actors, actresses and role models with disabilities in advertisement and (iv) respond to the interests of persons with disabilities as consumers of their content.
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Presentación. IUS ET VERITAS; Núm. 59 (2019)
(Pontificia Universidad Católica del Perú, 2019-07-30) Ramos Contreras, Phyerina Tania
No presenta resumen
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Prólogo
(Pontificia Universidad Católica del Perú, 2020-08-03) Mantilla, Julissa
No presenta resumen
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La ratificación de la CEDAW como hito en la lucha por los derechos de las mujeres en el Perú
(Pontificia Universidad Católica del Perú, 2019-07-30) Huaita Alegre, Marcela; Cornejo Castellano, Gissela
In Peru, the ratification of “The Convention on the Elimination of all forms of Discrimination Against Women (CEDAW)” that takes place in the beginnings of the 80’s is part of a transition process not only in the political front, but also between two generations of women activists. One of which was represented by a group of professionals called to take an active role in the political front, women such as former deputy and first PUCP woman lawyer, Matilde Pérez Palacio as well as other founders of NGO’s focused on child protection and abandoned mothers, such as María Vita de Alvarez. Prestigious group of professionals linked to “Consejo Nacional de Mujeres”, founded in 1923, such as Sara Pérez Palacio, or Olga Paredes Lañas de De Olarte, just to name a few. This is the generation of women called to give a positive outlook towards the ratification of CEDAW -among which we find an important contingent of PUCP women lawyers, which they all do from their institutions by voicing the criticism about the difficult situation in which women lived then. Conversely, the next generation of women activists who represent the second wave of the Peruvian feminist movement are the ones called, years later, to claim the CEDAW. Moreover, this is the generation called to take a stand and assume now the political and public responsibility, just as the previous generation did.
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Salud mental y discriminación por razones de género en el marco del aborto terapéutico en el Perú
(Pontificia Universidad Católica del Perú, 2019-08-03) Nalvarte Cuzcano, Dessiré
The article develops a descriptive research approach on a 2015 particular case reported to INDECOPI because a clinic did not evaluate the mental health of a pregnant woman and correctly processed her request for therapeutic abortion, as well as that she would have suffered gender discrimination. Therefore, it is analyzed whether legally, in our country, there is an obligation to evaluate the mental health of the pregnant woman and what should be understood as “serious and permanent health damage”, as it is contemplated in the legal devices. This document also develops gender discrimination in the commercial sphere and how gender stereotypes of the medical personnel led to denying the requested service that merited the medical stage of the pregnant woman.
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Los sesgos de género en el sistema financiero y tributario español: Propuestas de solución
(Pontificia Universidad Católica del Perú, 2019-07-30) Díaz Calvarro, Julia María
The Spanish financial system, both in its budgetary and its tax structure, as well as in the measures described as ‘positive action’, has gender biases that perpetuate the role of women in the field of care, entailing opportunity costs in the development of their professional and personal life. The analysis of some of the most paradigmatic examples and the proposal of various solutions based on the feminist economy and gender taxation are the subject matter of this paper.
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La trans-formación del Derecho: La evolución del Derecho Internacional de los Derechos Humanos para proteger la identidad de género de las personas trans
(Pontificia Universidad Católica del Perú, 2019-08-03) Lengua Parra, Adrián
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.