Bibliographic citations
Jiménez, S., (2024). Informe Jurídico sobre la Sentencia del caso Olivera Fuentes vs. Perú de la Corte Interamericana de Derechos Humanos [Pontificia Universidad Católica del Perú]. http://hdl.handle.net/20.500.12404/27840
Jiménez, S., Informe Jurídico sobre la Sentencia del caso Olivera Fuentes vs. Perú de la Corte Interamericana de Derechos Humanos []. PE: Pontificia Universidad Católica del Perú; 2024. http://hdl.handle.net/20.500.12404/27840
@misc{renati/23203,
title = "Informe Jurídico sobre la Sentencia del caso Olivera Fuentes vs. Perú de la Corte Interamericana de Derechos Humanos",
author = "Jiménez Sánchez, Sussana Antuanet",
publisher = "Pontificia Universidad Católica del Perú",
year = "2024"
}
The present professional sufficiency report is based on the judgment issued by the Inter-American Court of Human Rights in the case of Olivera Fuentes vs. Peru. In said ruling, the international responsibility of the State was declared for the violation of Mr. Olivera Fuentes' rights to privacy, judicial guarantees, equality before the law, and judicial protection. This violation occurred as a result of the administrative and judicial responses provided by the authorities in response to the petitioner's complaint, alleging discrimination in a supermarket cafeteria due to his sexual orientation. The main issue addressed in this report is to determine the State's international responsibility for the petitioner's rights violation. As such, an examination is conducted to ascertain whether the State bears responsibility for acts of discrimination committed by private individuals, specifically by the supermarket company that engaged in the discriminatory act. Furthermore, an analysis is conducted on the extent of the violation of rights to privacy, equality before the law, and the free development of personality with regard to the petitioner's sexual orientation and the prohibition of discrimination. Finally, an evaluation is made of the implications of the burden of proof reversal in the consumer relationship between the company and the client, aimed at determining the act of discrimination in the cafeteria. This assessment is undertaken as part of the analysis proposed for the petitioner's rights to judicial protection and judicial guarantees.
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