Equal Marriage in Peru: Analysis of the 2023 Constitutional Court Ruling Based on Advisory Opinion OC-24/17 of the Inter-American Court of Human Rights

The 2023 ruling of the Peruvian Constitutional Court, which recognised same-sex marriage, marks a landmark in the consolidation of human rights in the country. Through the application of the conventionality control doctrine and the incorporation of international standards—particularly Advisory Opinion OC-24/17 of the Inter-American Court of Human Rights—the judgment filled a normative gap and set a binding nationwide precedent. This article adopts a qualitative–juridical approach to examine the theoretical foundations of substantive equality, the interplay between domestic and international law, and the legal, social, and political impacts of the decision. A comparative analysis with Argentina, Costa Rica, and Mexico highlights different pathways toward marital equality and identifies the strengths and weaknesses of Peru’s unitary judicial model. The study concludes with legislative, institutional, and cultural proposals to ensure that legal recognition translates into effective inclusion and the comprehensive expansion of rights for LGBTIQ+ persons.

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Publication Details

Journal
International Journal of Management and Humanities
Published
2025-08-26
DOI
https://doi.org/10.35940/ijmh.d1781.11120825
Primary Topic
Gender, Violence, Rights in Latin America
Type
article
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article

Equal Marriage in Peru: Analysis of the 2023 Constitutional Court Ruling Based on Advisory Opinion OC-24/17 of the Inter-American Court of Human Rights

Lidia Sánchez, Julie Urtecho Paz
International Journal of Management and Humanities
Gender, Violence, Rights in Latin America
article

Equal Marriage in Peru: Analysis of the 2023 Constitutional Court Ruling Based on Advisory Opinion OC-24/17 of the Inter-American Court of Human Rights

Lidia Sánchez, Julie Urtecho Paz
article en

Abstract

The 2023 ruling of the Peruvian Constitutional Court, which recognised same-sex marriage, marks a landmark in the consolidation of human rights in the country. Through the application of the conventionality control doctrine and the incorporation of international standards—particularly Advisory Opinion OC-24/17 of the Inter-American Court of Human Rights—the judgment filled a normative gap and set a binding nationwide precedent. This article adopts a qualitative–juridical approach to examine the theoretical foundations of substantive equality, the interplay between domestic and international law, and the legal, social, and political impacts of the decision. A comparative analysis with Argentina, Costa Rica, and Mexico highlights different pathways toward marital equality and identifies the strengths and weaknesses of Peru’s unitary judicial model. The study concludes with legislative, institutional, and cultural proposals to ensure that legal recognition translates into effective inclusion and the comprehensive expansion of rights for LGBTIQ+ persons.

International Journal of Management and HumanitiesVol. 11(12)
Openalex Percentile: Top 70%
Gender, Violence, Rights in Latin America
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Equal Marriage in Peru: Analysis of the 2023 Constitutional Court Ruling Based on Advisory Opinion OC-24/17 of the Inter-American Court of Human Rights — Lidia Sánchez, Julie Urtecho Paz · International Journal of Management and Humanities (2025) | TGRS Research Map | TGRS