Bibliographic citations
Casafranca, P., (2022). Contenido del derecho a la libertad en la jurisprudencia de la Corte Interamericana de Derechos Humanos y el tribunal constitucional peruano [Universidad Andina del Cusco]. https://hdl.handle.net/20.500.12557/5139
Casafranca, P., Contenido del derecho a la libertad en la jurisprudencia de la Corte Interamericana de Derechos Humanos y el tribunal constitucional peruano []. PE: Universidad Andina del Cusco; 2022. https://hdl.handle.net/20.500.12557/5139
@phdthesis{renati/954877,
title = "Contenido del derecho a la libertad en la jurisprudencia de la Corte Interamericana de Derechos Humanos y el tribunal constitucional peruano",
author = "Casafranca Buob, Paul José",
publisher = "Universidad Andina del Cusco",
year = "2022"
}
The world in recent times has undergone rapid changes, transformations that have occurred as a result of greater use of cybernetics, which has made it possible for the world to be connected and informed in a better way, at the same time, these changes bring with them the recognition of other contents of a certain right, such as the case of the right to Liberty, which is the subject of our study, since this right today, not only includes the right to ambulatory Liberty, that is, the freedom that citizens have to move from one place to another, or the right to freedom of opinion, which includes the freedom to have a position on one social, economic or political aspect or another. Currently, we have to talk about Sexual Freedom, Religious Freedom or Business Freedom. Taking into consideration this and what is determined by the Political Constitution of the State and the Constitutional Code of Procedure, which establish that Human Rights will be interpreted in accordance with the International Conventions on Human Rights and what has been resolved by the International Organizations of Human Rights , on the other hand, we must take into account that the Peruvian Constitutional Court is the highest interpreter of the Political Constitution of the State, taking this into account, our research work addresses the: "CONTENT OF THE RIGHT TO FREEDOM IN THE JURISPRUDENCE OF THE INTER- AMERICAN COURT OF HUMAN RIGHTS AND THE PERUVIAN CONSTITUTIONAL COURT”. The general objective of our research is: To know the content of the Right to Liberty, having as a reference what was resolved by the Inter-American Court of Human Rights and the Peruvian Constitutional Court, that is, to make known the scope, what it understands and what it does not It includes the right of Freedom according to the jurisprudence given by the Inter-American Court of Human Rights and the Peruvian Constitutional Court. On the other hand, the specific objectives of this research are to determine the scope and rational and proportional criteria for the intervention of the Right to Ambulatory Freedom, Religious and Belief Freedom, Sexual Freedom, Cultural Freedom and Business Freedom, in the light of what was resolved by the Inter-American Court of Human Rights and the Peruvian Constitutional Court. In the first part of the investigation we realize how the right to Freedom was conceived from the Ancient Age to the present, according to which we have been able to establish that the right to Freedom has been closely linked to what was established by the Church. , which has been gradually overcome until today, however, the intervention of the Church, mainly the Catholic, even today has interference in the recognition of some Freedoms, mainly Sexual Freedom. After that we address the Right to Liberty, in its different aspects, within the framework of the different political regimes, we have also considered it pertinent to study the Structure, objectives, competences and functions of both the Inter- American Court of Human Rights, and the Court Peruvian Constitutional. Our research puts an emphasis on conducting an analysis of the jurisprudence issued by the Inter-American Court of Human Rights and the Peruvian Constitutional Court, in reference to the content and the limits of intervention that the States have, in relation to the Right to Ambulatory Liberty, Religious and Creed Freedom, Sexual Freedom, Cultural Freedom and Business Freedom
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