Bibliographic citations
Campos, A., Eras, N. (2024). Hijos biológicos VS hijos afines: Un análisis crítico del tratamiento diferenciado [Trabajo de Suficiencia Profesional, Universidad Peruana de Ciencias Aplicadas (UPC)]. http://hdl.handle.net/10757/674876
Campos, A., Eras, N. Hijos biológicos VS hijos afines: Un análisis crítico del tratamiento diferenciado [Trabajo de Suficiencia Profesional]. PE: Universidad Peruana de Ciencias Aplicadas (UPC); 2024. http://hdl.handle.net/10757/674876
@misc{renati/1298554,
title = "Hijos biológicos VS hijos afines: Un análisis crítico del tratamiento diferenciado",
author = "Eras Alvaro, Nicole Varlie",
publisher = "Universidad Peruana de Ciencias Aplicadas (UPC)",
year = "2024"
}
The present work of professional sufficiency focused on analyzing the differential treatment provided to a person due to their family origin, treatment that jeopardizes the right to health of said person. In file 01204-2017-PA/TC, which is the subject of analysis, a claim for protection was filed against Provias Nacional for having dismissed the plaintiff for incurring three serious offenses, one of them being having registered and declared as successor in title, as daughter, to the biological daughter of his wife, who according to the summoned entity would have no filial relationship with the plaintiff. The first chapter develops the background, relevant foundations and analysis of the judges' votes. On the other hand, the second chapter presents the theoretical framework that supports the analysis of this research, such as: The right to family protection, blended families, what is a related child and how is the bond of affinity created? the right to health, equality and non-discrimination. In the third chapter, it was analyzed whether biological children and related children have the same rights and whether the filial bond has the same implications as the related bond or deserves differentiated treatment. Finally, with the doctrine, jurisprudence and observation, it was concluded that there are not sufficient foundations to support the differentiated treatment of a person from a blended family, even more so when such fundamental rights as health are at stake.
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