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
Year: 2025
Type: article
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.
Authors: Luis Barboza-Sanchez, Julie Urtecho Paz
Language: English
Field: Social Sciences
Domain: Social Sciences
Open Access status: hybrid
OpenAlex ID: W4413642799