Sistema Regional de Información
en línea para Revistas Científicas de América Latina,
el Caribe, España y Portugal

The context of social violence affects the family sphere, generating a disproportionate increase in statistics in recent years, rendering the actions of the State sterile through its public entities. Public policies to control acts of violence within families are being discredited and the real reason for this failure details a fundamental defect: the State is assuming that violence is fought through legal, judicial and state actions, thereby avoiding addressing the true origin of extreme violence in the country. As a result of this situation, legislation is observed that is constantly modified, establishing more coercive and punitive levels but without addressing the facts that cause situations of violence, aggressiveness and lack of control of people in their family relationships, because in addition These have been transformed in recent years, generating a symbolic and dysfunctional regulatory system that negatively conditions the magistrates, because they are the ones who assume the social responsibility of dealing with cases of domestic violence.

This article analyzes the text the Law of Medical Emergency for the Timely Detection and Comprehensive Care of Child Cancer, approved by the Congress of the Republic on July 31, 2020 and published on September 2 of the same year. Although this law constitutes a necessary contribution to provide protection to the child and adolescent population diagnosed with cancer, it would have been opportune to contemplate various principles of protection for family members.

 The objective of this article is to try to determine to what extent are the judges committed to regulatory development, analizyng the consequences that this can brin if higher principles or fundamental interests are at stake. The big question is whether they should step forward seeking to obtain justice through law. Today, judges are no longer the silent mouth of the law but rather active participants in social conflict through their resolutions. Above all, if they have to solve processes related to Family Law. Their work should be focused on seeking to apply justice when the laws do not provide a solution to a specific case and not be afraid of the possibility that a disciplinary process will be opened to them.

I propose in this contribution to make a brief review of some impressions that the pandemic event has given us and which we believe, that may be of interest to share them in order to develop future approaches and perspectives of the current evolution that the same process of COVID-19 disease has proposed to all of us. All these impressions are at last, the result of a great perplexity – not surely like the one that Averroes will have had – that pandemic disease has caused in the man of the 21st century and therefore not so insignificant the same as to despise them. Its result is partially the one we now share and of which, we must also warn that the reader does not seek in them a contribution of a scholarly work, judge it, as a transit at intersections that finds rootsin the anthropological, bioethic and cultural 

This paper raises the need of strengthen the Peruvian regulation related to guaranteeing the right to mental health, as one of the components of the right to health, taking into consideration the social and legal implications of the pandemic COVID 19. To aim this objective, the authors identify the most important features of this right at the international, constitutional level and good regional practices for its protection.

Being that incursion of women into the labor market and education has led to changes, these do not translate into better conditions; Therefore, the need for a gender approach that allows the design of inclusive social policies that involve men as part of the problem. Thus, in the first order the history regarding the conquest of women’s rights is addressed, which unfortunately have  been more formal than substantial. Second, it addresses how gender stereotypes have perpetuated situations of inequity, hence the need for a gender approach as an instrument of analysis. Third, the need for social public policies with a gender approach that allow redefining spaces, greater equity, equality, substances that allow the enjoyment of women’s rights and greater participation of women in decision-making.

The process that is taking place in Peru is shown, for the recognition of the right to gender identity. Its beginning, which shows total lack of protection, presents a constant intolerance, manifested through acts of violence against LGBTI people; without the State investigating and sanctioning such violations. This has been evidenced by the judgment of the Inter-American Court of Human Rights in the case of Azul Rojas Marín and another v. Peru; situation to which trans children and adolescents are no stranger. Now, the actions of the Peruvian State are directedtowards showing the invisible, along a tortuous path that aims to get out of lack of protection and reach full recognition of gender identity as a right.

This study analyzes the current situation of the constitutional model for the recognition of gender identity in force in Peru, a hetero-assigned model that has been replicated in specific cases before the ordinary courts and that is read separately from the recent Advisory Opinion OC-24/17 of the Inter-American Court of Human Rights. There has been an important jurisprudential development  in constitutional matters that has reached the recognition of a right to gender identity; however, it is necessary to delve into the problem that now focuses on the form and scope of this recognition, where self-determination is presented as a pending and necessary challenge from the perspective of Human Rights.

Gender violence is a concept coined and consolidated by the various international legal instruments of the United Nations, the Council of Europe and the Parliament of the European Union, as well as the Inter-American and Pan-American conventions, among others, conceptualizing it as gender discrimination and as serious violation of human rights. In Latin America, the legal figure of femicide makes visible the seriousness of the problem, and some legislations have opted for an expansive concept of gender violence in their comprehensive protection laws, while in the European sphere only violence in the context of a sentimental relationship is subject to specific treatment.

When children and adolescents act with discernment, they are civilly responsible for the damages they may cause; however, when the harm is caused by a child who does not have the ability to discern, no responsibility can be attributed to him, since he has not had the ability to understand or love the act that has caused harm. However, the victim can not be without compensation for the unjust damage suffered, it is very likely that children and adolescents do not have a heritage that they can count on for compensation; In this case, in order that the victim is not unfairly affected, some civil codes have provided that in these cases the parents or legal representatives of the minor must respond. Our Civil Code, although in its article 458 ° has regulatedthe civil responsibility of the minor capable of discernment, however, after the repeal of articles 1975 ° and 1976 ° omits to regulate regarding the civil responsibility of parents for the facts harmful of their minor children.