Bibliographic citations
Mendoza, E., (2022). La falta de tutela jurisdiccional efectiva en el tratamiento de casos de violencia sexual a colectivos trans [Pontificia Universidad Católica del Perú]. http://hdl.handle.net/20.500.12404/22515
Mendoza, E., La falta de tutela jurisdiccional efectiva en el tratamiento de casos de violencia sexual a colectivos trans []. PE: Pontificia Universidad Católica del Perú; 2022. http://hdl.handle.net/20.500.12404/22515
@misc{renati/527004,
title = "La falta de tutela jurisdiccional efectiva en el tratamiento de casos de violencia sexual a colectivos trans",
author = "Mendoza Maldonado, Elizabeth",
publisher = "Pontificia Universidad Católica del Perú",
year = "2022"
}
The effective judicial protection is the prime human right to have an efficient answer from the State (access to justice, an impartial judge predetermined by law, defense right, right to a trial without undue delay, due motivation of resolutions or sentences, res judicata effect, and, the right to the effectiveness of resolutions or sentences). The Peruvian regulation about trans sexual violence is inefficiently. The main reason is because we have inefficient and ineffective regulation, as well as negligent State's treatment regarding the special needs that these types of cases require. The Peruvian State does not have a protocol for the investigation and administration of justice during criminal proceedings for cases of LGBTIQ + victims of violence; the criminal investigations does not have gender perspective; there is also no effective and efficient training and awareness plan on violence against LGBTIQ + people, nor is there a system for the collection and statistical production of violence against LGBTIQ + people. Due to the foregoing, it is necessary to carry out corrective measures to guarantee access to effective judicial protection in cases of sexual violence to transgender people, such as having a specific regulation that recognizes the incidence of these acts of discrimination, as well as the need to have normative reinforcements and jurisprudential criteria.
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