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The flag of imagination: Peru's new reform on legal capacity for persons with intellectual and psychosocial disabilities and the need for new understandings in private law
(Universidad de Jaen, 2020-06-15)
This paper analyzes the recent reform regarding the legal capacity of persons with disabilities in Peru. It provides a domestic legal and judicial context in which the reform was adopted. Following this, the paper aims to analyze the reform's conformity with article 12 of the Convention on the rights of persons with disabilities, noting that the current regulation is only partially CRPD compliant. The current design of judicially designated supporters can be understood as valid under specific interpretations of Article 12, while the design of safeguards does not comply with such standard. The paper addresses the impact of legal capacity reform in traditional private law theory of the juridical act. Currently, the Peruvian system does not provide clear or accurate standards to respond to this problem. The paper shines a light on the need to rethink multiple concepts of private law in order to make legal capacity reform fully operational.
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How the European Citizens’ Initiative ‘Water and Sanitation is a Human Right!’ Changed EU Discourse on Water Services Provision
(Utrecht University Library Open Access Journals (Publishing Services), 2020-01-01)
In 2010 the United Nations General Assembly recognized the human right to water and sanitation in what is seen as a historical vote by water activists. Implementation of the right to water is imperative to achieve sustainable development. In 2011 the regulation for a European Citizens’ Initiative (ECI) entered into force in the European Union. With such an initiative it is possible to propose an issue for European legislation by collecting one million signatures from citizens in at least seven Member States. The European federation of trade unions in the public services sector (EPSU) decided to take up the challenge to organise such an ECI and formed a diverse coalition of organisations and water activists that became known as ‘Right2Water.’ Their proposal was ‘to implement the human right to water and sanitation in European law.’ Although it was successful in achieving the required number of supporters, the European Commission answered that implementation of the human right to water was to be left to Member States and that there was no need to change existing legislation. The Right2Water movement aimed not as much to change legislation but more to challenge EU neoliberal policies and shift them from a ‘market approach’ to a ‘rights-based approach.’ This chapter looks at the factors that contributed to the success of ‘Right2Water,’ how the ideological debate around the human right to water took place during the campaign and the impact it had on EU discourse as well as on EU water policy.
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Prison in Peru
(Springer, 2021-11-17)
This book expands the field of prison research by drawing on six months of unique, ethnographic research in Santa Monica prison, the largest women’s prison in Lima, Peru. Using feminist and decolonial perspectives, it explores power and the governance system and its implications on how the prison operates and the lived experiences of women prisoners and their interpersonal relationships. It reflects on the intersection of prison, imprisonment and gender from a Global South perspective and includes methodological reflections on how to research prisons in the Global South holistically. It fills a gap and engages with debates on governmentality and women’s agency within the penal context.
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Rights for development. An analysis of the strengths and weaknesses of human rights approach to overcoming food insecurity and gender discrimination
(2021-01-01)
This article explores the advantages and disadvantages of using a human rights-based approach to addressing two persistent development challenges: food insecurity and gender discrimination. As an exploratory paper, it does not propose a thesis but rather defines key concepts and legal norms of the human rights-based approach (HRBA), as well as its implications for food security and gender discrimination. Despite its exploratory nature, the paper remains a fair starting point for a more critical examination of the role played by human rights in the development field. This paper is divided into four sections. The first section lays forth a theoretical framework for HRBA, emphasizing its key features and operational principles. The second section explores the benefits and drawbacks of using HRBA to achieve development goals. The third section proposes some guidelines to achieve a world without hunger and food insecurity. The fourth section discusses how HRBA might contribute to overcoming gender discrimination. Finally, I outline the main takeaways.
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“Transfer of use rights” as a mechanism for the territorial dispossession of native communities in Peru
(CIDOB (Barcelona centre for international affairs), 2022-01-01)
This paper analyses the Peruvian institutional scaffolding that favours mechanisms for dispossessing land from indigenous peoples in Peru, despite their protection by regulations that recognise them as such and their constitutional status, which imposes binding obligations. International human rights protection standards are therefore violated, along with the International Labour Organization's Convention 169 and the jurisprudence of the Inter-American Court of Human Rights (IACHR). It is therefore noteworthy that the Peruvian State has approved the titling of indigenous peoples' lands that are suitable for forestry “Transfer of use rights" - the main mechanism of dispossession affecting the ancestral territories of the indigenous peoples of the Peruvian jungle.
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Trajectories of families of the disappeared in Perú: The role of recognition in mobilising justice
(SAGE Publishing, 2025-01-01)
The longest conflict in Peru's republican history took place between 1980 and 2000. It reported the highest costs for its citizens due to murders, extra-judicial detentions, enforced disappearances, tortures, massacres, and massive violence. In this contribution, we focus on the role of recognition in mobilising justice by a group of women whose family members were victims of enforced disappearances during this conflict. These women raised collective initiatives to cope with State crimes. Their demands included the recognition of the enforced disappearances of their loved ones, the acknowledgement of their status as victims, and their utmost demand to find and bury the disappeared, as well as to ensure accountability of perpetrators. Drawing on focus groups, participant observations and in-depth interviews, we analyse the trajectories of victims in their search for recognition to access justice in a post-conflict society. Findings indicate three dynamics through which family members claim recognition: (1) inscribing the missing family member in the family's everyday dynamic as a kind of intra-family recognition of their loss; (2) setting-up of community organisation and the launch of collective platforms to denounce collectively and provide mutual recognition to each other; (3) a further intensifying of group activities to be acknowledged as agents of social change and to advocate for societal recognition. This contribution proposes a victim-centred lens that locates women' trajectories as a reaction to their victimisation and aims to shed light on the possibilities that victims open to advance in their healing process in post-conflict societies.
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The Protection of the Right to Collective Bargaining in the Inter-American Human Rights System
(Brill, 2025-07-17)
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International Law and Intercultural Competence in Protection of Civilians: Focus on Children in Armed Conflict
(2025-07-01)
Background: Thousands of girls and boys are recruited and used in armed conflicts worldwide, serving in combat and noncombat roles. This issue transcends race, religion, and political systems and constitutes grave violations of international humanitarian law and human rights. Methods: This study employs a qualitative, interdisciplinary approach, analysing international legal frameworks, intercultural competence theory, case studies, and interviews with former child soldiers. Results: Findings reveal that cultural barriers significantly impede reintegration efforts and that intercultural competence among humanitarian actors and communities is essential for designing sustainable, inclusive, and culturally responsive reintegration programmes. Conclusion: Integrating intercultural training into child protection and peacebuilding strategies enhances the protection and reintegration of children affected by armed conflict, improving outcomes for former child soldiers and their communities.
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Institutional Corruption in the Political Economy of Global Mental Health: Challenges for Transformative Human Rights Praxis
(National Institutes of Health, 2025-12-01)
Through an exploration of the impacts of institutional corruption in global mental health, we argue here that deploying human rights-based approaches to health must go beyond rhetoric regarding equity in access to treatment to address power structures that systematically perpetuate harm against diverse people in specific contexts. First, applying human rights to mental health in transformative ways requires upending the biomedical paradigm that both locates mental health within people's brains and imbues psychiatric expertise as an unchallengeable authority in defining mental health conditions. Second, such change in approaches to mental health has proved challenging due in significant measure to institutional corruption, defined as a systemic, legal influence that diverts the institution from its purpose. We focus on institutional corruption driven by financial influences of the pharmaceutical industry in combination with the guild interests of the psychiatric profession. Third, we sketch the relation between institutional corruption and the spread of neoliberal policy imperatives on the financing and organization of mental health services in lower-middle and middle-income countries. Finally, we question the metrics deployed in global health that reaffirm existing presumptions in mental health systems, such as coverage, which can foster institutionalized corruption. We conclude that focusing on institutional corruption allows us to understand the need for new forms of health governance aligned with transformative human rights praxis.
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Epilogue 2
(Springer Science+Business Media, 2025-01-01)
The epilogue seeks to outline the general sense of the book and its central theses. In this purpose, it places it as part of the global current that advocates for the rights of migrants, at a time of global transition in which large movements of migrants and refugees are taking place and in which the migration issue has become controversial. The different chapters of the book are developed according to the thesis that the current countries are the result of the superposition of migratory waves and that the countries of the future will be much more plural and multicultural than the current ones. The same applies to the assertion that Latin America has finally become involved in south-south migration and that this has modified the attention previously focused on irregular south-north migration to North America. At the same time, there is an increasing involvement of Latin American academics in the migration issue. The chapters of the handbook also show that the migratory condition is often associated with the loss of health rights and that the response of Latin American States has been very dissimilar, ranging from those with inclusive policies of accompaniment and reception to those with strict containment policies. In conclusion, the compendium of chapters in the book represents a collaborative window for inter-learning. It is part of a still emerging discipline of comparative systems in migration and state responses to migration. It is considered that its public value will increase in the coming years because the probable scenario is of an increase in migration and therefore of the need for research that will provide Latin America and other continents with conceptual frameworks, methodologies and instruments, evidence and experiences, policies and programs for migrants and refugees.
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