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

The 1990s marked a turning point in terms of the impact of the gender category in legal discourse. In Latin America in general, and in Argentina overall, a series of sanctions at the legislative level began to take place since then, all of which have a diverse background. The enactment of these laws is intertwined with other stages of political life, such as the regulations implemented in public institutions and civil services, as well as the claims and many actions carried out throughout a wide range of social movements, political parties and work unions. University and academic education also played a key role in the transformation of the legal field in relation to gender equality and socio-sexual dissidence. Towards the end of the twentieth century, in some study programs of several Latin American universities, the vocabulary linked to gender studies and studies of sexualities is envisioned. In Argentina, the linkage between gender and law begins to emerge as a field of knowledge since the return to democracy in 1983, although it is consolidated during the 1990s and, with greater force, in recent years, based on a variety of events related to the positioning of feminisms in political life.This text submits an exploratory analysis of the incursion of gender and feminist content in the Argentine legal academy. The general purpose is to offer a review on the advances of the so-called gender perspective in university instruction, the political and conceptual complexities that such perspective entails.

This article analyzes the problem of the criminalization of abortion in cases of sexual rape from a critical feminist perspective. It emphasizes the differentiated impact that this discriminatory use of criminal law generates in girls under 14 years of age, regarding the increasingly alarming problem of child pregnancy in Peru and Latin America. Because of this, the author uses methodologies for analyzing the legal phenomenon proposed by feminisms, in the light of the principle of Higher Interest of the Child and international standards for the protection of children and gender equality, present in the International Human Rights Law.

The present paper seeks to describe the process of recognition of gender identity as a prohibited reason for discrimination in International Human Rights Law (hereafter, IHRL) and show how this has allowed a better protection of the rights of trans people. For it, this document realizes a classification of the speeches that have addressed the situation of these people and their relationship with the law. On this basis, it is postulated that the IHRL have supported a model that seeks the depathologization of trans identities and it is explained which the actual protection standard that States must comply in order to protect the right of identity of that population.

The aim of this article is to analyze gender wage gap in Peru and the suitability of the measures taken by the Peruvian Government to deal with this very complex issue. In order to do so, the author analyzes the definition of the gender wage gap statistical indicator, and the current state of the gender wage gap in Peru, as well as its causes. After that, the author evaluates Equal Pay Law and its Regulation under the lens of international law just to conclude that Equal pay related legislation is consistent with the obligation of the Peruvian Government to adopt measures to overcome de facto inequality situation arisen between men and women in the workplace. Finally, the author identifies the challenges arisen by Equal pay legislation, which, even though could be considered a good first step to eliminate gender wage gap, shall be complemented by additional measures aimed to question gender roles and stereotypes.

Modern Medicine understands the intersex body as a pathology that must be corrected. Each year, hundreds of intersex newborns and children are subjected to genital “normalizing surgeries”: unnecessary, non-consensual and irreversible medical procedures that seek to adapt them to the status quo of corporal virtue. In this text, the authors present the main domestic and international legal discourses built around this medical practice. They conclude that, compared to national systems, International Human Rights Law has been crystalizing a legal standard prohibiting these interventions, but that it is urgent to have a contentious case before an international tribunal that so orders.

This article studies sexual violence as a weapon of war perpetrated in contexts of armed conflicts and analyzes, based on the Peruvian case, the applicable legal framework to prosecute and punish such acts during the non international armed conflict between 1980-2000 under the light of national and international criminal law and international human rights law. According to the Final Report of the Truth and Reconciliation Comission, in certain areas, this violence qualified as crimes against humanity and war crimes. Judging these only under the criminal statute applicable at the time of the events is insufficient for the State’s international obligations to prosecute and punish this phenomenon. Thus, it is suggested, the use of international standards that gives content to the national statute, as well as an alternative interpretation of the principle of legality that allows apprehending its real socio-legal devaluation.

The purpose of this article is to assess the main progress that the peruvian state has made in preventing and eradicating gender-based inequality and violence in the workplace, given that in our country both phenomena constitute very serious problems that must be fought decisively and frontally. It is not, therefore, a task in which our country is alone; on the contrary, it is a global challenge with which we all aspire to live in a more equal and safer world. The big objective in this area by 2021 should be to become a bicentennial country in which wage gaps have been substantially narrowed, where women have full equal opportunities and live free from violence, within the framework of the implementation of public policies to promote gender equality and the empowerment of all women at all levels.

This article will analyze Food Law from a gender perspective. Thus, the author develops the normative and jurisprudential framework on the subject in Peru. Likewise, quantitative and qualitative data on the resolution of conflicts regarding this topic are reviewed, which will allow to glimpse the interaction between the normative, structural and political-cultural components of the legal phenomenon Finally, the author develops an analysis on the application of a perspective gender in the regulation and practice of alimony.

It’s been two years since the National Multiyear Programming and Investment Management System came into force. During this time, the practical experience helped to identify different aspects of its creation rules that needed to be improved. This article reviews those aspects and its regulation, according to the modifications contemplated in the new Legislative Decree 1432. While the level of decentralization already in place by the SNIP and its focus on state-run services rather than the work itself may be debatable, the truth is that SNIP served as the basis for the construction of the National Multi-Year Programming System and Investment Gestion, which captures many of the successes of the System and attempts to improve other aspects that remained outstanding.