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

Following the lines of decolonial thought, I suggest that lawyers reproduce patterns of the matrix of colonial power through their actions. In the first part of this article I describe what the decolonial option is, while in the second part I analyze lawyers and law schools paying close attention to the signs of coloniality/modernity within them. As a result, I identify lawyers as the legal guardinas of colonial power and law schools as places that reproduce the logic of modernity/coloniality.

This paper highlights the connections between representations of women with disabilities in mass media and the discrimination they face, in light of the State obligations derived from the Convention on the Rights of Persons with Disabilities (CRPD). The paper recognizes that this group faces intersectional forms of discrimination; because of this, the authors propose that a State obligation to prevent the perpetuation of stereotypes on gender and disability in mass media can be derived from a joint reading of CRPD and the Convention to Eliminate Discrimination Against Women. By analyzing representation in mass media, this paper finds that media outlets tend to convey false or protectionist stereotypes of women with disabilities. In consequence, the authors propose that responsible exercise of media-related professions should (i) reflect persons with disabilities’ demands for accessibility, (ii) highlight the positive impact of inclusive environments, (iii) include actors, actresses and role models with disabilities in advertisement and (iv) respond to the interests of persons with disabilities as consumers of their content.

In Peru, the ratification of “The Convention on the Elimination of all forms of Discrimination Against Women (CEDAW)” that takes place in the beginnings of the 80’s is part of a transition process not only in the political front, but also between two generations of women activists. One of which was represented by a group of professionals called to take an active role in the political front, women such as former deputy and first PUCP woman lawyer, Matilde Pérez Palacio as well as other founders of NGO’s focused on child protection and abandoned mothers, such as María Vita de Alvarez. Prestigious group of professionals linked to “Consejo Nacional de Mujeres”, founded in 1923, such as Sara Pérez Palacio, or Olga Paredes Lañas de De Olarte, just to name a few. This is the generation of women called to give a positive outlook towards the ratification of CEDAW -among which we find an important contingent of PUCP women lawyers, which they all do from their institutions by voicing the criticism about the difficult situation in which women lived then. Conversely, the next generation of women activists who represent the second wave of the Peruvian feminist movement are the ones called, years later, to claim the CEDAW. Moreover, this is the generation called to take a stand and assume now the political and public responsibility, just as the previous generation did.

The present paper justifies the existence of a fundamental right to an education that addresses and seeks to eradicate discrimination based on sexual orientation. To this end, the justification relies on the text of the Constitution, judicial precedents, and moral reasons. Specifically, the hypothesis is based on the right to equality and the right to education, widely recognized by the constitutional practice. Thereafter, the means of implementation for the said right are presented. Finally, the argument is confronted with the critics related to the power of the parents to guide the education of their children, which is based on the principles of pluralism and state neutrality.

The progress of the Interamerican Human Rights System has permitted expand the concept of sexual violence and visualize it as a violation of the human rights, in order to get legal standards to give more protection for victims. This article raises the dialogue between these inter-american standards and the Peruvian case in the period of internal armed conflict, reflected in the final report of the Commission of Truth and Reconciliation, and how this has generated an impact in the inter-american jurisprudence of human rights.

In this interview, the Spanish lawyer, philosopher and writer Manuel Atienza Rodriguez tells us about the most relevant events that have influenced his academic formation. This meeting allows us to discover the dynamic relationship between Atienza and his academic role models, as well as his thoughts regarding contemporary debate topics within the area of philosophy of Law. Throughout the interview, Atienza is willing to reject the traditional paradigms of legal positivism in order to put forward new theories that should guide modern legal practices. In that sense, although he supports the importance of argumentation within the Law, Atienza remarks the importance of the application of a minimum of moral objectivism in our arguments. Finally, Atienza comments on the evolution of Latin American schools and the relevance that he predicts they will have in the future.

With the enforcement of Law 30364, the Peruvian State complies with adapting national legislation to the parameters set by the Inter-American Convention to Prevent, Punish and Eradicate Violence against Women (Convention of Belém do Pará). In this context, the present work critically analyzes whether protection orders constitute a simple, fast and effective remedy against gender violence. To this end, it is reasoned about the fundamentals and nature of the protection orders, as well as the probative activity necessary for its granting. From this, it is affirmed that the guardianship granted by the protection orders is a preventive inhibitory guardianship.

The Spanish financial system, both in its budgetary and its tax structure, as well as in the measures described as ‘positive action’, has gender biases that perpetuate the role of women in the field of care, entailing opportunity costs in the development of their professional and personal life. The analysis of some of the most paradigmatic examples and the proposal of various solutions based on the feminist economy and gender taxation are the subject matter of this paper.

Guaranteed minimum income is one of the most important rights of citizens of the Member States of the European Union. It is both an instance of market efficiency and those of inclusion and solidarity. The models of guaranteed minimum income have different characteristics between Member States (national welfare, access criteria, amount and duration of the transfer, methods of administration and place in the framework of social policies). Recently, EU has taken initiatives to sensitize the Member States on the strengthening of minimum income to help European citizens better. European institution have emphasized (in acts of soft-law) that guaranteed minimum income is an institution that allows the full and free participation of the individual in the social and productive reality of the community to which he belongs. However, in a context of economic crisis and the increase of vulnerable social groups, the minimum income has lost its efficacy and efficiency. Because of this situation, social inclusion measures need to be reinforced in order to assure a guaranteed minimum income to EU citizens, who do not have the financial resources to ensure a decent life. This article examines these issues. On the one hand, it outlines the ongoing dynamics in the EU level and examines the EU system against poverty and social exclusion. In addition, it studies the recent proposals under discussion such as the contribution of the European Pillar of Social Rights. On the other hand, it deepens the knowledge on the critical elements of the minimum income schemes in the Member States.