2026/01/02 by Juan-Pablo Pérez-León-Acevedo · 2 voices
Social Sciences · #Judicial and Constitutional Studies #Comparative constitutional jurisprudence studies #Environmental law and policy
paper · pdf · doi:10.1080/18918131.2026.2613580
openalex publication_date 2026/01/02 · openalex created_date 2026/02/03 · openalex updated_date 2026/07/22
In its interpretation and application of the 1993 Political Constitution of Peru (CP), using international instruments and Peruvian legislation, the Constitutional Tribunal of Peru (CTP) has construed strong jurisprudence on social rights. Generally, this case law has meaningfully contributed towards the realization of social rights in Peru in a context characterized by a fast-growing social market economy and substantial reductions of poverty and extreme poverty, but with important deficits in terms of fair distribution of wealth. Using international human rights law sources (IHRL), this article systematizes and analyzes important CTP jurisprudential developments concerning interpretation, improvement, and implementation of social rights in Peru. The focus is on the identification of jurisprudential principles and standards on social rights (e.g., education, pension, and labour rights), including, as a manner of further illustration, a section on the right to health. Arguably, CTP jurisprudence has mainly followed dynamic or evolutive interpretative approaches in cases of social rights. The CTP has, however, occasionally adopted retrogressive interpretations of social rights.