Equality and non-discrimination assessment of indigenous peoples in Peruvian constitutional court decisions

Lovatón D. · Estudios Constitucionales (2020) · DOI: 10.4067/s0718-52002020000200051

Resumen

This article reviews the state of the art of contemporary development, both doctrinal and jurisprudential, of the fundamental right to equality and non-discrimination of indigenous people, with the purpose of identifying the constitutional and inter-American content of this right that the Peruvian Constitutional Court (TC) could take into account. Then, it analyzes the limited jurisprudence developed by the TC in this matter until the moment of writing this document. Finally, the article makes some recommendations to the high constitutional court of regarding how the fundamental right to equality of indigenous people could develop in the future, based on the notions of structural, indirect and intersectional discrimination.

Instituciones: Pontificia Universidad Católica del Perú