Women and Justice: Jurisdiction

Domestic Case Law

Exp. No. 018-96-I/TC Constitutional Tribunal (2007)

Gender discrimination

A public defender challenged the constitutionality of Article 337 of the Civil Code, which stated that in domestic disputes, a judge could take into consideration the education, custom and conduct of both spouses when dealing with cases of cruelty, dishonest behavior or grave injury. He argued that such a law violated the constitutional right of equality before the law. The Constitutional Tribunal agreed in part and disagreed in part, holding that such considerations could only be examined when dealing with cases of grave injury.



Exp. No.1348-2004-AA/TC Constitutional Tribunal (2004)

Sexual violence and rape

A male schoolteacher was accused of sexually abusing one of his female students, a third-grader, and was removed from his job pending the outcome of his trial. He filed a constitutional challenge to his removal, arguing that it violated his due process right to a presumption of innocence, as enumerated in Article 2 of the Peruvian Political Constitution. The court of first instance agreed with the teacher, ordering the school system to reinstate him. The school system argued that the Law of Teachers ("Ley de Profesorado") allows for termination of a teacher without a conviction. The Constitutional Tribunal held that while professionals normally cannot be removed from a job until proven guilty, the interest of protecting minor children outweighed the interest of the teacher in this case. The Court held that the teacher's removal was consistent with Article 34 of the Convention on the Rights of the Child, and Article 2 of the Interamerican Convention on the Prevention, Punishment and Eradication of Violence Against Women, as well as numerous other Peruvian laws.