Understanding Gender Equality Under Constitutional Law: A Deep Analysis

Atty. Karen Peña Cabrera

Constitutional & Human Rights Specialist • ICAT

Effective judicial protection against discrimination extends beyond formal equality under law, imposing active affirmative mandates on courts.

Statutory Basis & Binding Precedent:

Political Constitution of Peru (Art. 2.2) and Constitutional Court Precedent.

The Peruvian Constitutional Court has consistently held that substantive equality requires dismantling factual and structural barriers.

In labor discrimination disputes, once prima facie indicators are shown, the burden of justification shifts to the employer.

Regional courts in Tumbes enforce conventionality review aligned with Inter-American human rights treaties.

Procedural Criteria & Legal Rationale

Legal equality encompasses both formal non-discrimination and substantive affirmative measures to eliminate structural disparities.

In employment law, Peru’s Equal Pay Act mandates objective, bias-free compensation brackets.

Courts must apply gender-sensitive judicial review in protective and family custody proceedings.