Recovering the role of women and the family in the “Chacha-Warmi” form of marriage in the Aymara culture of the Peruvian highlands, from the perspective of Gender Law

Coila M.E.; Ccama J.C.; Churquipa A.M.C.; León J.A.C.; Bellido K.C.R.; Ochoa Y.S.C. · Revista Chilena de Derecho y Ciencia Politica (2023) · DOI: 10.7770/rchdcp-v14n1-art91

Resumen

The great efforts of intellectual resistance, and the real ability of such resistance to influence legal theory and functions in legal reforms whose practical implementation has been debilitated by States, have concealed the reality of the mar¬ginalization of women. They have fostered an inequality that places women in a situation where their vulnerability is increased, and States have been unable to establish effective means to prevent, investigate, and sanction actions that contravene respect for the rights arising from Peruvian legislation. This problem became established in our society in the distant past, being principally a position inherited from those who imposed our Western heritage, and who expanded this ideology through the powerful influence of their religion, their anthropocentric philosophy and their patriarchal system of bringing up children. It was only in the 1980s that a doctrinal revolution occurred that led to various changes in society, and therefore in the laws and the State. We consider that Peru, through its legislative powers, is now trying to reduce the vulnerability of women. However, we conclude that it is necessary to achieve the convergence of a large number of cultures, as can be seen in the way in which marriage has developed: the Chacha-warmi form of marriage is a manifestation of the Aymara Andean culture which can help us to reassess the role of women both in their position in the family and in society, through the application of the principles that characterize this cultural worldview.

Instituciones: Universidad Nacional del Altiplano