Bibliographic citations
Cortez, K., (2018). Abuso sexual de menores como crímenes de lesa humanidad: ¿podría la corte penal internacional investigar a los máximos representantes de la iglesia católica peruana?. [Tesis, Universidad Andina del Cusco]. https://hdl.handle.net/20.500.12557/2082
Cortez, K., Abuso sexual de menores como crímenes de lesa humanidad: ¿podría la corte penal internacional investigar a los máximos representantes de la iglesia católica peruana?. [Tesis]. : Universidad Andina del Cusco; 2018. https://hdl.handle.net/20.500.12557/2082
@misc{renati/954779,
title = "Abuso sexual de menores como crímenes de lesa humanidad: ¿podría la corte penal internacional investigar a los máximos representantes de la iglesia católica peruana?.",
author = "Cortez Pinto, Kenneth Hernán",
publisher = "Universidad Andina del Cusco",
year = "2018"
}
This research develops themes subject to the context of the perception of impunity that Peruvians have regarding justice. As of today, no member of the Peruvian Catholic Church has been condemned for sexual abuse of minors regarding the abundant evidence presented by the victims and inquire commissions. At the national level, there is only one prosecution being held against some members of the Cristian organization “Sodalitium Christianae Vitae” in the city of Lima. This prosecution has had many problems and delays. This thesis Will analyze the role of international law in the investigations of sexual abuse in Peru. The main research question is: Could the International Criminal Court investigate the highest representatives of the Peruvian Catholic Church? This research question assumes that the sexual abuse to minors committed by members of the Peruvian Catholic Church could be crimes against humanity, so, the highest representatives could have command responsibility and could be investigated by the International Criminal Court. This research has the following objectives: To investigate if the highest representatives of the Peruvian Catholic Church could be investigated by the International Criminal Court, to inquire under which basis the International Criminal Court could investigate the highest representatives of the Peruvian Catholic Church, to explain how the sexual abuse cases in Peru could be considered crimes against humanity, and to study if the Peruvian government has a positive or negative record regarding investigations of sexual abuse cases inside its jurisdiction. The body of the thesis is divided into 4 chapters. The first is the introduction, where the questions, objectives and justification of the thesis are mentioned. The second chapter refers to the theoretical framework. This chapter is divided into 3 subsections: The International Criminal Court, Crimes against Humanity, and the investigations conducted by the Peruvian State on sexual abuse of minors. Each of these subsections is related to a specific objective (and hypothesis). The third chapter refers to the methodological design used in the thesis. Finally, the fourth chapter presents the results of the investigation. The results of the investigation show that it is not possible for the highest representatives of the Peruvian Catholic Church to be investigated by the International Criminal Court in the context surrounding the Peruvian situation now. A nationwide investigation is needed to find out if crimes against humanity were committed. Despite this, it can be argued that the Peruvian situation could pass the first phase of the Court that evaluates the jurisdiction and admissibility. As already mentioned, this is subject to a previous investigation at a national level that indicates the approximate number of victims of abuse by members of the Peruvian Catholic Church. In addition, there are elements that suggest that sexual abuses perpetuated by members of the Peruvian Catholic Church could be considered crimes against humanity. The Sodalicio case can be considered as part of a generalized and / or systematic attack at the national level. Finally, the investigation clarifies the fact that, despite some positive efforts on the part of the Peruvian State in the investigation of sexual abuse of minors by members of the Catholic Church, there are no serious efforts to combat the abuses. The Peruvian State has taken manifestly insufficient steps in investigations of sexual abuse of minors by members of the Catholic Church, has ignored evidence, or has given insufficient value, has no intention of bringing the alleged perpetrator (authors) to justice, and has allocated insufficient resources for the procedures. Today, there is no mobilization of serious and national character driven by the State to investigate cases of sexual abuse of minors.
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