Bibliographic citations
Collantes, G., (2017). Eficacia de la consulta previa contenida en el artículo 6 del convenio 169 de la OIT en la casuística y la legislación peruana [Tesis, Universidad Privada del Norte]. https://hdl.handle.net/11537/10660
Collantes, G., Eficacia de la consulta previa contenida en el artículo 6 del convenio 169 de la OIT en la casuística y la legislación peruana [Tesis]. PE: Universidad Privada del Norte; 2017. https://hdl.handle.net/11537/10660
@misc{renati/445164,
title = "Eficacia de la consulta previa contenida en el artículo 6 del convenio 169 de la OIT en la casuística y la legislación peruana",
author = "Collantes Catalán, Giuliana Lileth",
publisher = "Universidad Privada del Norte",
year = "2017"
}
ABSTRACT Law as a system of rules that regulates social organization arose, in principle, from an internal, state perspective, generating then the legal systems of each country from the time of the Liberal State to the present day; Nevertheless, since internal regulations and the null revision of them have caused fundamental rights damage and, given the generation of international organisms and the development of the doctrine of Human Rights, the foundations of Public International Law Which has as its main principle pacta sum servanda among the countries that decide to adhere to this dynamic. In this context, a number of human rights have been recognized at the international level, which have subsequently been accepted through the signing of treaties or agreements at the national level, such as the right of prior consultation of indigenous or tribal peoples that has been raised internationally in Convention 169 of the WIO and which has been ratified by the Peruvian State through Legislative Resolution No. 26253 of December 2, 1993; Moment from which it forms part of our constitutional legal order. The present investigation lies in the observation of the deficient regulation within the country of this constitutional right at legal level, since the Law of Previous Consultation, Law 29785, in the second paragraph of its article 15, as well as, article 23, numeral 23.3 of the Regulation of the Prior Consultation Act, entails a dissociation between the content that is internationally granted by Article 6, Convention 169 of the WIO and the content that is granted at the national level, which implies the ineffectiveness of international regulation adopted in the country. Thus, this document intends to carry out a qualitative study of these circumstances and propose the modification of the regulation of said article so as to enable the effective participation of the indigenous peoples in the taking of the administrative and legislative measures that are taken to Territory.
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