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La dignidad particular de las mujeres y el acceso al anticonceptivo oral de emergencia
(Pontificia Universidad Católica del Perú, 2022-03-23)
fuerte resistencia política y jurídica en contra de este. En esa línea, se
describen las principales concepciones de dignidad recogidas en los instrumentos
internacionales de derechos humanos que deberían reforzar el derecho al acceso al
AOE, como la...
The objective of this research is to construct a concept of women's particular dignity in order to contribute to making access to emergency oral contraception (ECP) more effective. This is due to the fact that in Peru there is strong political and legal resistance against it. In this line, we describe the main concepts of dignity contained in international human rights instruments that should reinforce the right to access to ECP’s, such as the American Declaration of the Rights and Duties of Man, the Universal Declaration of Human Rights, the American Convention on Human Rights and the Convention of Belém Do Pará. This last treaty will be the object of study and criticism because it adopts a particular sense of dignity for women, but linked to the family. In view of this, the concept of women's particular dignity is proposed in order to reinforce access to sexual and reproductive rights, to dissociate it from interpretations linked to gender roles and spaces, and to demonstrate the importance of immediate access to ECP’s in order to maximize women's rights. To demonstrate the consequences of understanding the dignity of women with the family, we detail the contradictions in the postulates of the Constitutional Court in Case No. 2005-2009, which ordered the prohibition of the free distribution of ECP’s. And, finally, it develops how this proposal should influence to resolve the constitutional process of amparo on the ECP’s relapsed in Case N.°30541-2014, which is pending in the Constitutional Court....
The objective of this research is to construct a concept of women's particular dignity in order to contribute to making access to emergency oral contraception (ECP) more effective. This is due to the fact that in Peru there is strong political and legal resistance against it. In this line, we describe the main concepts of dignity contained in international human rights instruments that should reinforce the right to access to ECP’s, such as the American Declaration of the Rights and Duties of Man, the Universal Declaration of Human Rights, the American Convention on Human Rights and the Convention of Belém Do Pará. This last treaty will be the object of study and criticism because it adopts a particular sense of dignity for women, but linked to the family. In view of this, the concept of women's particular dignity is proposed in order to reinforce access to sexual and reproductive rights, to dissociate it from interpretations linked to gender roles and spaces, and to demonstrate the importance of immediate access to ECP’s in order to maximize women's rights. To demonstrate the consequences of understanding the dignity of women with the family, we detail the contradictions in the postulates of the Constitutional Court in Case No. 2005-2009, which ordered the prohibition of the free distribution of ECP’s. And, finally, it develops how this proposal should influence to resolve the constitutional process of amparo on the ECP’s relapsed in Case N.°30541-2014, which is pending in the Constitutional Court....
María Vs. Perú
(Pontificia Universidad Católica del Perú, 2021-08-17)
, ello a causa de la
ausencia de políticas públicas y decisiones jurídicas orientadas a garantizar los derechos
fundamentales de las mujeres víctimas de violencia sexual. Y, sobre todo, de la indebida
actuación de los servidores públicos quienes desde la...
The purpose of this legal report is to analyze the legal problems detected in the case of María, who, as a victim of sexual violence, suffered obstacles in accessing the health and justice system, due to the absence of public politics and legal decisions aimed at guaranteeing the fundamental rights of women victims of sexual violence. And, above all, the improper actions of public servants who, from the initial stage of care, revictimized María. In this line, the facts related to the sexual aggression are described, which allows to evidence the state of insecurity and gender violence existing in our society. In addition, her stay in the hospital in Huánuco is detailed, which shows the lack of information she received about the use of emergency oral contraception. And, it narrates the criminal process that was developed to identify those responsible for the criminal offense and the civil reparation. This context is relevant to analyze the human rights violated by the Peruvian State and to answer the main problem: the international responsibility of the Peruvian State in human rights, especially for the violation of the right to sexual and reproductive health of women victims of sexual violence, as well as the violation of the right to a life free of violence....
The purpose of this legal report is to analyze the legal problems detected in the case of María, who, as a victim of sexual violence, suffered obstacles in accessing the health and justice system, due to the absence of public politics and legal decisions aimed at guaranteeing the fundamental rights of women victims of sexual violence. And, above all, the improper actions of public servants who, from the initial stage of care, revictimized María. In this line, the facts related to the sexual aggression are described, which allows to evidence the state of insecurity and gender violence existing in our society. In addition, her stay in the hospital in Huánuco is detailed, which shows the lack of information she received about the use of emergency oral contraception. And, it narrates the criminal process that was developed to identify those responsible for the criminal offense and the civil reparation. This context is relevant to analyze the human rights violated by the Peruvian State and to answer the main problem: the international responsibility of the Peruvian State in human rights, especially for the violation of the right to sexual and reproductive health of women victims of sexual violence, as well as the violation of the right to a life free of violence....