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Item type:Publication, 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. - Some of the metrics are blocked by yourconsent settings
Item type:Publication, 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. - Some of the metrics are blocked by yourconsent settings
Item type:Publication, Necesidad de una protección adecuada a los defensores y defensoras de derechos humanos ambientales(Pontificia Universidad Católica del Perú. Instituto de la Naturaleza, Tierra y Energía (INTE-PUCP), 2022)The threats due to illegal logging, illegal mining, illegal agriculture and illicit cultivation of coca come together in the Amazon and in Peru. Such activities daily increase environmental defenders’ vulnerability level. They are subject to aggressions when defending and protecting their lands and natural resources. This panorama has been aggravated by the arrival of the pandemic and was complemented by incentive to extractive and infrastructure activities, resulting in the continuity of socio-environmental conflicts, such as escalation of violence and criminalization of environmental defenders. Murders have increased and have been reported by various international and domestic organizations, despite progress in the justice and environment sectors. Therefore, there is need for adequate implementation of various existing tools and also for the Congress of the Republic to ratify the Escazú Agreement, the first environmental treaty containing provisions for effective protection of these people. - Some of the metrics are blocked by yourconsent settings
Item type:Publication, 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. - Some of the metrics are blocked by yourconsent settings
Item type:Publication, 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. - Some of the metrics are blocked by yourconsent settings
Item type:Publication, “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. - Some of the metrics are blocked by yourconsent settings
Item type:Publication, Natalia Torres Zúñiga, The Inter-American Court of Human Rights. The Legitimacy of International Courts and Tribunals(Universidad Carlos III de Madrid, 2023-04-01)Este articulo reseña: Natalia Torres Zúñiga, The Inter American Court of Human Rights. The Legitimacy of International Courts and Tribunals. (2022) Routledge, London-New York, 213 pp. - Some of the metrics are blocked by yourconsent settings
Item type:Publication, Cultura: ¿un derecho para todxs? Propuesta de investigación-acción en derechos culturales(Pontificia Universidad Católica del Perú, 2023-12-21)This article aims to reflect on a challenging process of artistic creation of collective writing from an anthropological perspective, arising from academic research, around which a clown performance event was built. This scenic event, in turn, proceeded to be transferred from its original live performance format to an audiovisual recording format of that same performance. The transition from a situation of simultaneous presence of the clown and his audience, to another where the corporeal, sensory, emotional participation of the audiences is “mediated” by the production decisions that “compose” a “gaze” expressed by the camera that, as deferred “narrator,” assumes the leadership of an expressive communication process about the human values and emotions defined by a culture, in front of an anonymous audience. Confronting the initial challenge of finding significant expressive ways to “translate” the legal discourse (abstract, with a bias of supposed universality assumed to be homogeneous) on human rights and citizenship, a proposal was progressively developed, one that intuitively combined within a general logic of action research, strategies of collective creation, artistic performance research, specificallyclown, as well as the design of a technical proposal for audiovisual media that suggests an explanation of cultural rights (core part of the human rights set) as basis for the full exercise of an also expanded definition of citizenship; one based on cultural diversity, and its mark in the identity generation processes. - Some of the metrics are blocked by yourconsent settings
Item type:Publication, 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.3 - Some of the metrics are blocked by yourconsent settings
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