Understanding Human Rights in Peru
Understanding Human Rights in Peru
HUMAN RIGHTS
IN PERU
In Peru there are organizations that serve to
support human rights.
OMBUDSMAN :
They are associated under a National Human Today there are 192 member states of
Rights Coordinator, which coordinates the the UN, all of which have signed in
groups' work at the national and international accordance with the Universal
level. With the fall of Fujimori, the groups have Declaration of Human Rights.
added work on specific issues such as
corruption, economic and social rights, and
impunity. The Universal Declaration of Human Rights
The Universal Declaration of Human
Rights is a document that marks a
milestone in the history of human
rights. Prepared by representatives of
all regions of the world with different
legal and cultural backgrounds, the
Declaration was proclaimed by the
United Nations General Assembly in
Paris, on December 10, 1948 in its
INTERNATIONAL:
UN
Every UN organ and specialized agency is The systematic segregation of children
with disabilities from general schools
involved in some way in the protection of
(right to education);
human rights. Failure to prevent employers from
discriminating in hiring (on the basis of “YEAR OF GOOD SERVICE TO THE CITIZEN”
VIOLATION OF HUMAN RIGHTS sex, disability, race, political opinion,
Some examples of violations of economic, social social origin, HIV status, etc.) (right to IEP
and cultural rights include: work);
The fact of not prohibiting public or
The forced eviction of people from their private entities from destroying or
homes (right to adequate housing); contaminating food and its sources, as
Contamination of water, for example well as arable land and water resources
with waste from state-owned facilities (right to food);
(right to health); Failure to establish a reasonable
The fact that a minimum wage sufficient limitation on working hours in the public
to lead a decent life is not guaranteed and private sectors (right to work);
(right to work); The prohibition of using minority or
The failure to avoid hunger in all areas indigenous languages (right to SALITRAL
and communities of the country (right to participate in cultural life);
protection against hunger); The denial of social assistance to people
Denial of access to information or because of their condition (for example, HUMAN RIGHTS
services related to sexual and people without a fixed address or those
reproductive health (right to health); seeking asylum) (right to social
security);
The fact of not guaranteeing maternity
leave to working women (family
protection and assistance);
The arbitrary and illegal disconnection of
the water supply network for personal
and domestic use (right to water).
CHARACTERISTICS OF HUMAN
DEGREE : 3rd RIGHTS
Universal: The principle of the universality
SECTION : “C” of human rights is the cornerstone of
international human rights law, they extend
NAME : Brayan Diego Agurto Morales to the entire human race at all times and
places; Therefore, cultural, social or political
HUMAN RIGHTS differences cannot be invoked as an excuse
2017 Definition: Human rights are those freedoms, for its ignorance or partial application.
faculties or basic values that correspond to every
person by the very fact of their nature and human Inherent:
condition, to guarantee a dignified life. Human rights are
INTRODUCTION innate to all
human beings
Human rights are rights inherent to all without any
human beings, without distinction of race, distinction, since
sex, nationality, ethnic origin, language, it is assumed that
religion or any other condition. we are born with
them. Therefore,
Human rights include the right to life and these rights do not depend on recognition by
liberty; to not be subjected to slavery or the State.
torture; to freedom of opinion and Absolutes: Their respect can be claimed
expression; to education and work, among indiscriminately from any person or authority.
many others. These rights correspond to all Inalienable: Because they are inalienable,
people, without any discrimination. belonging indissolubly to the very essence of
the human being; They cannot and should
not be separated from the person and, as
such, they cannot be transmitted or human right, a category that cannot be lost in
renounced, under any title. the future.
Inviolable: No person or authority can Progressive: Given the evolutionary nature of
legitimately act against them, except for the rights, in the history of humanity, it is
just limitations that may be imposed in possible that in the future the category of
accordance with the demands of the human right will be extended to other rights
common good of society. that in the past were not recognized as such
Imprescriptible: They are not lost over or that others may appear that at the time
time, regardless of whether they are used or were see them as necessary to human
not. dignity and, therefore, inherent to every
person.
INTE
RNATIONAL RIGHTS STATE RESPONSIBILITY
Respect human rights
Universal Declaration of Human Rights
Do not interfere in certain specific
International Covenant on Economic,
areas of individual life.
Social and Cultural Rights
Guarantee human rights
International Covenant on Civil and
Examples of law Adopt the necessary measures to
Political Rights
• Civilians: Freedom of expression, achieve full satisfaction of essential
freedom of movement, respect for American Convention on Human
needs.
privacy. Rights
• Politicians: Right to choose (vote) or Ensure the provision of certain
American Declaration of the Rights
be elected to a popularly elected services.
and Duties of Man
position.
Other international instruments.
• Economic: Work, create a company.
• Social: Health and education.
• Cultural: Respect for cultural identity.
• Of the People: Sovereignty, peace
and development.
AREA : FCC
2017
International Instruments
Universal Declaration of
Human Rights
International Covenant on
Economic, Social and
Cultural Rights
International Covenant on
Civil and Political Rights
American Convention on
RIGHTS Human Rights
2017
I.E.
SALITRAL
HUMAN RIGHTS
There are several national and June 15, 1999 alleging the
international organizations that responsibility of the State of Peru for
protect the rights of children and the violation of the rights of Maria
adolescents. The most important Mamérita Mestanza by forcibly
subjecting her to a surgical
ones are cited below.
sterilization procedure, which
ultimately caused her death.
INTERNATIONAL
SALITRAL
NATIONAL
OMBUDSMAN
Ombudsman's Office. It is the entity in
charge of defending and promoting
INSTITUTIONS THAT PROTECT public administration and the
HUMAN RIGHTS provision of public services to
There are several national and citizens.
international organizations that UN
protect the rights of children and The head of the institution is the Promoting respect for human
adolescents. The most important rights is a central objective of the
Ombudsman who represents and
ones are cited below. United Nations and defines its
directs it. To be elected, he
identity as an organization of
"AGENCIES FOR THE PROTECTION requires at least the favorable vote people from around the world.
AND PROMOTION OF RIGHTS IN of two-thirds of the Congress of the Member States have mandated the
PERU" Republic. His term lasts five years. Secretary-General and the United
In Peru, human rights are a priority Nations System to help achieve
the standards set out in the
for all organizations in the system
Charter of the United Nations and
and work to protect the rights of
the Universal Declaration of
the most vulnerable groups, mainly The Inter-American Court of Human Rights. To achieve this, the
as well as in their education, Human Rights is one of the main United Nations System uses all the
promotion and dissemination. institutions dedicated to the resources at its disposal, including
Currently, among the organizations protection of human rights of the its moral authority, diplomatic
that promote respect for rights in Organization of American States. It creativity and operational reach.
Member States, however, have the
Peru, the following stand out: has different functions, but the
primary responsibility to protect
primary one is its contentious or the human rights of their
Ombudsman's Office jurisdictional capacity, since it can populations.
issue mandatory sentences for the
It is an autonomous constitutional
States.
body created by the 1993
Constitution. Its mission is to Among its founding objectives, the
protect the constitutional and search for peace and security, the
fundamental rights of the person consolidation of democracy, the
promotion of fundamental rights
and community, supervise
and the promotion of social and
compliance with the rights of the
economic development stand out.
International dispute resolution, through bodies such as the International Court of Justice, plays a crucial role in upholding human rights by providing a formal platform for resolving controversies and enforcing international law. Cases like the maritime boundary disputes or the status of U.S. diplomats in Iran exemplify how international mechanisms can address crucial issues involving states, promote compliance with international norms, and ensure reparation where rights might be affected .
The United Nations integrates human rights protection across its agencies by embedding human rights principles into its broader goals and operations. For instance, the right to development is linked to the Sustainable Development Goals, the Food and Agriculture Organization supports the right to food, and UN Women advances gender equality. This approach ensures that human rights considerations are a fundamental part of UN's developmental and humanitarian efforts .
The Truth and Reconciliation Commission in Peru was created by the Transitional Government led by Dr. Valentín Paniagua on June 4, 2001. Its primary objective was to clarify past events and determine responsibility for violations during the internal conflict involving the government, Sendero Luminoso, and the MRTA. The Commission aimed to hold accountable not only those who executed violations but also those who ordered or condoned them. It sought to propose initiatives to affirm peace and reconciliation among all Peruvians .
Post-Fujimori, human rights organizations in Peru expanded their focus to include issues like corruption, economic and social rights, and impunity. These organizations have been instrumental in addressing new challenges that emerged, thus contributing significantly to legal and institutional reforms aimed at strengthening the human rights framework in Peru .
Promoting and protecting children's rights often face challenges due to limited visibility and prioritization in broader human rights agendas. The United Nations, particularly through agencies such as UNICEF and the Convention on the Rights of the Child, plays a central role in advocating for children's rights, focusing efforts on providing necessary legal frameworks and awareness campaigns to address these challenges effectively .
The Inter-American Commission on Human Rights (IACHR) acts as a promoter and protector of human rights in the Americas, primarily through receiving and investigating individual petitions alleging violations. Its decisions can lead to recommendations to states or referrals to the Inter-American Court of Human Rights. The Court, based in San José, Costa Rica, adjudicates cases referred by the Commission, issuing binding judgments to further ensure compliance with the American Convention on Human Rights .
The classification of human rights into three generations—civil and political (first generation), economic, social, and cultural (second generation), and collective developmental rights (third generation)—helps in understanding their evolution as they address shifting societal needs. This framework illustrates the historical expansion of rights from individual freedoms to encompassing economic and collective rights, highlighting the progressive recognition and inclusion of diverse rights necessary for human dignity .
The Universal Declaration of Human Rights serves as a foundational document that outlines fundamental human rights principles and has paved the way for subsequent legally binding treaties. International treaties such as the International Covenant on Economic, Social and Cultural Rights, and the American Convention on Human Rights further build on these principles, providing specific legal obligations for state parties to implement and enforce. Thus, while the Declaration provides guiding ideals, treaties translate these into actionable commitments .
The Ombudsman in Peru plays a vital role in human rights protection by overseeing compliance with constitutional and fundamental rights. This autonomous body monitors the state's administration and public service provision, addressing citizens' grievances and advancing reforms where necessary. The office of the Ombudsman ensures that the state's obligations align with the principles of human rights, thereby enhancing accountability and protecting the community's welfare .
The concepts of indivisibility and interdependence in human rights emphasize that all rights are equally important and that the enjoyment of one right often depends on the realization of others. Indivisibility means rights cannot be ranked or prioritized hierarchically, and interdependence highlights how civil, political, economic, social, and cultural rights support each other to uphold human dignity comprehensively .