Bibliographic citations
Rios, A., (2023). Informe jurídico sobre la sentencia del Tribunal Constitucional N°01272-2017-PA/TC “Duberlis Cáceres Ramos” [Pontificia Universidad Católica del Perú]. http://hdl.handle.net/20.500.12404/25666
Rios, A., Informe jurídico sobre la sentencia del Tribunal Constitucional N°01272-2017-PA/TC “Duberlis Cáceres Ramos” []. PE: Pontificia Universidad Católica del Perú; 2023. http://hdl.handle.net/20.500.12404/25666
@misc{renati/527136,
title = "Informe jurídico sobre la sentencia del Tribunal Constitucional N°01272-2017-PA/TC “Duberlis Cáceres Ramos”",
author = "Rios Vargas, Alexandra Viviana",
publisher = "Pontificia Universidad Católica del Perú",
year = "2023"
}
The plaintiff Duberlis Caceres Ramos decides to sue the President of the Superior Court of Justice of Madre de Dios and the Administrator of the same Court for the violation of her right to breastfeeding. In said process, she alleges that her constitutional rights to free work, rest and the free development of her personality were violated. At the headquarters of the Constitutional Court, it is resolved that the defendants violated the plaintiff's right to breastfeeding, which generated the violation of the constitutional rights to family health, free development of personality, family protection, the best interest of the child and freedom to work, both for the applicant and her son. In this sense, the controversy revolves around whether the plaintiff's right to breast-feeding was effectively violated. To solve the legal problems identified in the case, the Political Constitution of Peru, national and international laws, the national jurisprudence of the Constitutional Court, and the relevant doctrine will be used. It is concluded that the right to breastfeeding was violated by the defendants, because they actively participated in the violation of the rights alleged by the plaintiff. Likewise, the right to breastfeeding is legally linked to a series of constitutional rights, which are affected when said right is violated in practice.
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