Bibliographic citations
Contreras, A., Zenozain, H. (2024). Improcedencia en la inscripción de un matrimonio homosexual ejecutado bajo el expediente Nro. 1739-2018-PA/TC [Trabajo de Suficiencia Profesional, Universidad Peruana de Ciencias Aplicadas (UPC)]. http://hdl.handle.net/10757/674986
Contreras, A., Zenozain, H. Improcedencia en la inscripción de un matrimonio homosexual ejecutado bajo el expediente Nro. 1739-2018-PA/TC [Trabajo de Suficiencia Profesional]. PE: Universidad Peruana de Ciencias Aplicadas (UPC); 2024. http://hdl.handle.net/10757/674986
@misc{renati/419833,
title = "Improcedencia en la inscripción de un matrimonio homosexual ejecutado bajo el expediente Nro. 1739-2018-PA/TC",
author = "Zenozain Gonzales, Hussein Nilton Luis",
publisher = "Universidad Peruana de Ciencias Aplicadas (UPC)",
year = "2024"
}
In the present study, we will analyze a resolution of the Constitutional Court that, by a majority vote of the magistrates, dismissed a claim for protection through a constitutional grievance appeal. This demand is conceived under the refusal to register marriage between people with the same sex by the National Registry of Identification and Civil Status, which argues that the only possibility of marriage is between a man and a woman, in accordance with existing legal regulations. Initially, they accepted the claim, however, on appeal, the corresponding Chamber decided to annul everything that had been done, declaring the claim unfounded. In this sense, a constitutional appeal was filed. This research topic focuses on what was done in the sentence and the reason for its birth. Mainly, formal arguments were presented, pointing out a violation of the Political Constitution of Peru, which guarantees non-discrimination and equal treatment. To support this analysis, international doctrine and regulations were consulted, considering the constitutional and legal framework. On the other hand, it was specified that it was not the correct procedural route where the lawsuit had been filed, and the premise was irrelevant. In summary, although the ruling of the Constitutional Court is based on theoretical aspects supported by current legislation, it is argued that this interpretation hinders the recognition of life as a couple for homosexual people by contravening applicable international regulations. Therefore, it is recommended that the Constitutional Court be cautious in its decisions so as not to undermine the rights of some people who remain significant in our society.
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