Peru
Peru
Right | Section | Contents |
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Freedom of Association | History | Peru protects freedom of association in the Political Constitution of the Republic of Peru, promulgated in 1856. According to Article XXVIII, “all citizens possess the right of meeting together peaceably, whether in public or in private, provided public order be not compromised.” British and Foreign State Papers (1856-1857). “Political Constitution of the Republic of Peru – Lima, October 13, 1856.” World Constitutions Illustrated, July 24, 2023, https://heinonline-org.ccl.idm.oclc.org/HOL/Page?collection=cow&handle=hein.cow/bfsprs0047&id=1171. |
Freedom of Expression | History | Peru has classified 12 separate documents as constitutions throughout its history. The first was drafted in 1823 but was never officially put into effect and only two have lasted more than 20 years. The first explicit assertion of the right to freedom of expression was illustrated in Section CLIII, Title IX - General Dispositions of the 1928 Political Constitution of the Peruvian Republic, “All may communicate their thoughts verbally, or in writing, and publish them by means of the Press, without previous censorship, but under the responsibility which the Law may determine.”
Article 2 of the 1993 Constitution of Peru asserts the right of every person "To freedom of information, opinion, expression, and dissemination of thought, whether oral, written, or in images, through any medium of social communication, and without previous authorization, censorship, or impediment, under penalty of law." References: “Northwestern SSO.” n.d. Prd-Nusso.it.northwestern.edu. Accessed June 10, 2024. https://heinonline-org.turing.library.northwestern.edu/HOL/Page?collection=co w&handle=hein.cow/bfsprs0016&id=984. “Peru, Constitutions Encyclopedia.com.” n.d. Www.encyclopedia.com. Accessed June 7, 2024. https://www.encyclopedia.com/humanities/encyclopedias-almanacs-transcripts and-maps/peru-constitutions. https://www.constituteproject.org/constitution/Peru_2021?lang=en. |
Freedom of Religion | History | Peru enacted its first national constitution in 1823 which granted rights exclusively to men who held property and proved themselves to be literate(Peru, Constitutions, Encyclopedia.com). Over a century later, the 1933 Constitution of the Republic of Peru guarantees the freedom to religion in Title 14, Article 232 while protecting and maintaining Catholicism as the state religion.
The current Constitution of Peru was ratified on 31 December 1993. Articles 2.2, 2.3, and 37 grant religious freedom, equality, and prohibit religious discrimination. Article 50 recognizes the Catholic Church as historically, culturally, and morally important. References: “Peru, Constitutions Encyclopedia.com.” n.d. Www.encyclopedia.com. Accessed June 20, 2024. https://www.encyclopedia.com/humanities/encyclopedias-almanacs-transcripts- and-maps/peru-constitutions#:~:text=The%201823%20constitution%20extended%20political. “Northwestern SSO.” n.d. Prd-Nusso.it.northwestern.edu. Accessed June 21, 2024. https://heinonline-org.turing.library.northwestern.edu/HOL/COWShow?collection=cow&cow_id=326. Constitution Project. “Peru 1993 (Rev. 2021) Constitution.” Constitute. POGO, April 27, 2022. Last modified April 27, 2022. Accessed June 24, 2022. https://www.constituteproject.org/constitution/Peru_2021?lang=en. |
Freedom of the Press | History | Article 3 of Peru’s 1823 Constitution originally protected press freedom (Wikisource, "Political Constitution of the Peruvian Republic of 1823" ). Today, Article 2 of Peru’s 1993 Constitution protects press freedom: “To freedom of information, opinion, expression, and dissemination of thought, whether oral, written, or in images, through any medium of social communication, and without previous authorization, censorship, or impediment, under penalty of law" (Constitute Project, “ Peru’s Constitution of 1993 with Amendments through 2021” ). |
Privacy Rights | History | Article 193 of the 1823 Constitution guaranteed the inviolability of the "security of person and domicile.". The same article asserted the "inviolability of letters."
Article 31 of the 1920 Constitution guaranteed the inviolability of one's home against entry in the absence of a warrant from varying government officials: "The domicile is inviolable and may not be entered without first showing a warrant written by a justice or by the authority charged with preservation of public order. The officers of enforcement of sanitary and municipal ordinances may also enter the domicile. Both the ones and the others are obliged to show the warrant of their authority and to furnish a copy of the same when required to do so." Article 32 guaranteed the inviolability of correspondence. Today, Article 2(7) protects privacy rights in Peru for one’s honor, reputation, personal and family life, voice, and image (Constitute Project, “Peru 1993 rev. 2021” ). Similar rights appear to have been listed in Article 2 of the 1979 constitution, but an English translation could not be found. Article 2(5) and Article 2(6) of the 1993 Political Constitution of Peru protect the right to privacy of information and prohibits the supplying of information that affects personal and family privacy. Article 2(9) and Article 2(10) protect the privacy of the home and the privacy of one’s communications. The Personal Data Protection Law, enacted in 2011, additionally protects the right to privacy in Peru. References: “Data Protection Law in Peru.” 2023. DLA Piper. Accessed July 19, 2024. https://www.dlapiperdataprotection.com/index.html?t=law&c=PE#:~:text=Article%202%20of%20the%20Political,personal%20data%20of%20any%20natural “Political Constitution of Peru, 1993.” World Constitutions Illustrated, HeinOnline. https://heinonline.org/HOL/P?h=hein.cow/zzpe0043&i=4 LEGUIA, A. B. “CONSTITUTION OF THE REPUBLIC OF PERU.” The Southwestern Political Science Quarterly 2, no. 1 (1921): 108. http://www.jstor.org/stable/42883893. http://hrlibrary.umn.edu/research/Peru-Constitucion%20 1979. pdf https://constituteproject.org/constitution/Peru_ 2021? lang=en Peru 1823 Constitution, from British and Foreign State Papers (1822-1823): https://heinonline-org.proxygw.wrlc.org/HOL/Page?collection=cow&handle=hein.cow/bfsprs0010&id=738&men_tab=srchresults# |
Voting Rights and Suffrage | History | Under articles 111 and 191 the President and the Regional Governors are elected through universal suffrage. The voting age in Peru is 18 years of age. (Constitute Project, “ Peru’s Constitution of 1993 with Amendments through 2021” ). |