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Los principios de igualdad y no discriminación, una perspectiva de Derecho Comparado - Perú

02-12-2020

Este documento se integra en una serie de estudios que, desde una perspectiva de Derecho Comparado, tienen como objeto analizar los principios de igualdad y de no discriminación en diferentes Estados. Tras la explicación de la normativa y la jurisprudencia de aplicación, se examinan el contenido, los límites y la posible evolución de dichos principios. El presente estudio tiene por objeto el caso del Perú. Las páginas describen, en lo relativo al Perú, y con relación al objeto de estudio, una breve ...

Este documento se integra en una serie de estudios que, desde una perspectiva de Derecho Comparado, tienen como objeto analizar los principios de igualdad y de no discriminación en diferentes Estados. Tras la explicación de la normativa y la jurisprudencia de aplicación, se examinan el contenido, los límites y la posible evolución de dichos principios. El presente estudio tiene por objeto el caso del Perú. Las páginas describen, en lo relativo al Perú, y con relación al objeto de estudio, una breve reseña sobre la evolución del concepto igualdad (entendida primero únicamente en un sentido formal) y la progresiva incorporación del principio de no discriminación, para luego pasar a, siquiera en grandes rasgos, describir lo hecho por el Tribunal Constitucional peruano al respecto, efectuando una evaluación crítica de lo avanzado hasta hoy, y poniendo especial énfasis en anotar los retos a enfrentar.

Autor externo

Excmo. Sr. Dr. D. Eloy ESPINOSA-SALDAÑA BARRERA

G20 Summit of November 2020: Great expectations despite boycott calls

19-11-2020

On 21-22 November, under Saudi Arabia's presidency, the G20 will hold its first regular summit in a virtual format. Unavoidably the focus will be on the current crisis, more specifically on protecting lives and livelihoods and restoring growth. Given the crucial role it played in tackling the 2008-2009 financial crisis, hopes are high regarding the G20's potential role in proposing a financial and economic solution to deal with the ongoing downturn. Several major G20 members have invested massive ...

On 21-22 November, under Saudi Arabia's presidency, the G20 will hold its first regular summit in a virtual format. Unavoidably the focus will be on the current crisis, more specifically on protecting lives and livelihoods and restoring growth. Given the crucial role it played in tackling the 2008-2009 financial crisis, hopes are high regarding the G20's potential role in proposing a financial and economic solution to deal with the ongoing downturn. Several major G20 members have invested massive amounts of money to keep their economies afloat, in line with the decision of the extraordinary G20 summit held in the spring, but the depth of the current crisis requires additional action. Some critics have argued that the G20 is not up to its perceived role. The lack of US leadership in particular has been seen as an obstacle preventing the group from living up to its full potential. One of the crucial measures adopted by the G20 has been to freeze the official debt payments of developing countries, with the measure recently being extended. Many voices consider that this will not be enough to avoid state defaults however. Saudi Arabia, the first Arab country to hold the presidency, has been eager to use the opportunity provided by its G20 presidency to showcase its ambitious internal reform programme and its economic potential. The Saudis' leadership of the G20 in these times of turmoil has not escaped criticism, first of all because of the perceived inconsistency between stated objectives at G20 level and internal reality in the country, but also because of the role the country played in the oil price crash of 2020. Given the dire human rights situation in Saudi Arabia and in its fighting in Yemen, calls for a boycott of the summit have been multiplying. The European Parliament has suggested that the EU should downgrade its presence at the summit.

40 years of the Hague Convention on child abduction: legal and societal changes in the rights of a child

06-11-2020

This in-depth analysis has been commissioned by the European Parliament’s Policy Department for Citizens’ Rights and Constitutional Affairs at the request of the JURI Committee in the context of the workshop to mark the 40th Anniversary of the Hague Convention on the Civil Aspects of International Child Abduction. It looks into the implementation of the 1980 Convention, as regards the respect of autonomy of parts, validity of agreements and mediation, and describes, from a practitioner’s point of ...

This in-depth analysis has been commissioned by the European Parliament’s Policy Department for Citizens’ Rights and Constitutional Affairs at the request of the JURI Committee in the context of the workshop to mark the 40th Anniversary of the Hague Convention on the Civil Aspects of International Child Abduction. It looks into the implementation of the 1980 Convention, as regards the respect of autonomy of parts, validity of agreements and mediation, and describes, from a practitioner’s point of view, how the parents and children see the process. The paper concludes that in order to protect the interest of the child, the 1980 Convention should be maintained with restricted exceptions, but more should be done in terms of prevention. The new measures should include, in particular, harmonisation of the relocation proceedings and principles, enforceability of mediation agreements, and increasing of the autonomy of the parties through the inclusion of residence and custody plans in prenuptial agreements.

Autor externo

Adriana DE RUITER

THE CHILD PERSPECTIVE IN THE CONTEXT OF THE 1980 HAGUE CONVENTION

31-10-2020

This in-depth analysis, commissioned by the Policy Department for Citizens’ Rights and Constitutional Affairs at the request of the Committee on Legal Affairs in the context of the Workshop to mark the 40th Anniversary of the Hague Convention on the Civil Aspects of International Child Abduction, examines the way in which subject children feature within Convention proceedings. It considers the aims of the Convention, and the lack of supranational control of its application. It draws on empirical ...

This in-depth analysis, commissioned by the Policy Department for Citizens’ Rights and Constitutional Affairs at the request of the Committee on Legal Affairs in the context of the Workshop to mark the 40th Anniversary of the Hague Convention on the Civil Aspects of International Child Abduction, examines the way in which subject children feature within Convention proceedings. It considers the aims of the Convention, and the lack of supranational control of its application. It draws on empirical research relating to the effects and consequences of child abduction to discuss the opportunities for children and young people to participate within Convention proceedings, and highlights the international obligations for such participation within the United Nations Convention on the Rights of the Child, The Charter of Fundamental Rights of the European Union, and other regional instruments. Different jurisdictional approaches are explained, and the role of culture in this context is probed. The impact of COVID-19 on abducted children is also explored.

Autor externo

Marilyn FREEMAN

The coronavirus pandemic in Latin America

30-10-2020

Latin America is among the regions of the world worst affected by the Covid-19 pandemic, and its economies, employment and even human rights will suffer seriously. Governments, and regional and international organisations, including the EU, are making efforts to mitigate the consequences, but the results remain uncertain.

Latin America is among the regions of the world worst affected by the Covid-19 pandemic, and its economies, employment and even human rights will suffer seriously. Governments, and regional and international organisations, including the EU, are making efforts to mitigate the consequences, but the results remain uncertain.

Amazon deforestation and EU-Mercosur deal

29-10-2020

After coming to a political agreement on the trade pillar of the three-pronged EU-Mercosur association agreement in June 2019, the EU and the four founding members of Mercosur (Argentina, Brazil, Paraguay and Uruguay) reached agreement on the political dialogue and cooperation parts in July 2020. However, as environmental deregulation and deforestation continue unabated in Brazil, opposition to the deal is growing. It is unlikely to be submitted to the European Parliament for consent in its current ...

After coming to a political agreement on the trade pillar of the three-pronged EU-Mercosur association agreement in June 2019, the EU and the four founding members of Mercosur (Argentina, Brazil, Paraguay and Uruguay) reached agreement on the political dialogue and cooperation parts in July 2020. However, as environmental deregulation and deforestation continue unabated in Brazil, opposition to the deal is growing. It is unlikely to be submitted to the European Parliament for consent in its current form. A study of the trade pillar's provisions concludes that, taking the risk of deforestation into account, the deal's environmental costs are likely to exceed its economic gains. This raises doubts as to whether Brazil's compliance with its climate change commitments can realistically be achieved based on provisions devoid of an effective enforcement mechanism.

How can international trade contribute to sustainable forestry and the preservation of the world’s forests through the Green Deal?

19-10-2020

High deforestation rates, particularly in tropical areas, remain a pressing concern for the international community, given their impacts on the global climate and the loss of biodiversity. The EU has committed to promoting sustainable forest management both domestically and internationally. However, efforts so far have concentrated on promoting the legality of trade in timber and timber products, via policy instruments such as FLEGT and the EU Timber Regulation. EU trade policy could be employed ...

High deforestation rates, particularly in tropical areas, remain a pressing concern for the international community, given their impacts on the global climate and the loss of biodiversity. The EU has committed to promoting sustainable forest management both domestically and internationally. However, efforts so far have concentrated on promoting the legality of trade in timber and timber products, via policy instruments such as FLEGT and the EU Timber Regulation. EU trade policy could be employed more systematically to promote sustainable forestry and deforestation-free value chains. The report proposes eleven measures to this end, both at the unilateral, bilateral and multilateral level, that inter alia combine market access incentives on the part of consumer markets such as the EU with obligations to promote principles of sustainable production on the part of producer countries.

Autor externo

Werner RAZA, Bernhard TRÖSTER, Bernhard WOLFSLEHNER, Markus KRAJEWSKI.

Bolivia in the run-up to the 2020 elections

14-10-2020

The Plurinational State of Bolivia has been experiencing a difficult socio-political situation since the resignation of former President, Evo Morales, and the annulment of the 2019 general election. The new elections called for May 2020 have had to be postponed twice, due to the Covid-19 pandemic, and will finally be held on 18 October 2020. Morales' party, Movement for Socialism (MAS), and its presidential candidate, Luis Arce, are leading the polls, closely followed by Carlos Mesa (Citizens' Community ...

The Plurinational State of Bolivia has been experiencing a difficult socio-political situation since the resignation of former President, Evo Morales, and the annulment of the 2019 general election. The new elections called for May 2020 have had to be postponed twice, due to the Covid-19 pandemic, and will finally be held on 18 October 2020. Morales' party, Movement for Socialism (MAS), and its presidential candidate, Luis Arce, are leading the polls, closely followed by Carlos Mesa (Citizens' Community, CC), making a second round seem likely.

International Agreements in Progress - After Cotonou: Towards a new agreement with the African, Caribbean and Pacific states

12-10-2020

The Cotonou partnership agreement between the European Union (EU) and the African, Caribbean, and Pacific (ACP) states is due to expire at the end of 2020. The then ACP Group of States – which later became the Organisation of the ACP States (OACPS) – and the EU adopted their negotiating mandates in May and June 2018 respectively, thus starting negotiations for a 'post-Cotonou' agreement in September 2018. The main challenge for the EU is to maintain its cooperation with the three OACPS sub-regions ...

The Cotonou partnership agreement between the European Union (EU) and the African, Caribbean, and Pacific (ACP) states is due to expire at the end of 2020. The then ACP Group of States – which later became the Organisation of the ACP States (OACPS) – and the EU adopted their negotiating mandates in May and June 2018 respectively, thus starting negotiations for a 'post-Cotonou' agreement in September 2018. The main challenge for the EU is to maintain its cooperation with the three OACPS sub-regions and to continue to promote the values enshrined in the EU Treaties. At the same time, the new partnership should take into account the United Nations' sustainable development goals, the redefinition of European strategies in the concerned regions, the new ambitions of the ACP states and the changing balance of power at the global level. Both the EU and the OACPS have agreed on the principle of a common foundation complemented by three regional protocols. These multi-level negotiations and the ongoing discussions on the next EU multiannual budget prevented the new agreement from being finalised by February 2020, the initial expiry date set in the Cotonou Agreement. Thus, in order to avoid a legal vacuum in relations, the provisions of the latter have been extended until the end of 2020. Negotiations are now in their final stages, however some complex issues remain to be solved, among which the institutional setting of the partnership, including the future of the ACP-EU Joint Parliamentary Assembly. Fifth edition. The ‘International Agreements in Progress’ briefings are updated at key stages throughout the process, from initial discussions through to ratification. To view earlier editions of this briefing (in French), please see the EPRS blog, https://epthinktank.eu/2018/07/09/le-futur-partenariat-de-lunion-europeenne-avec-les-pays-dafrique-des-caraibes-et-du-pacifique-international-agreements-in-progress/.

WTO e-commerce negotiations

05-10-2020

While e-commerce represents an increasing portion of the economy, international regulation of e-commerce is lagging behind. In 2017, the WTO Ministerial Conference issued a Joint Statement Initiative signalling the intention to launch plurilateral e-commerce talks. In January 2019, in the margins of the World Economic Forum in Davos, 76 of 164 WTO members, among them the EU, Australia, China, Japan, and the USA launched e commerce negotiations. Members seek a high-standard outcome building on WTO ...

While e-commerce represents an increasing portion of the economy, international regulation of e-commerce is lagging behind. In 2017, the WTO Ministerial Conference issued a Joint Statement Initiative signalling the intention to launch plurilateral e-commerce talks. In January 2019, in the margins of the World Economic Forum in Davos, 76 of 164 WTO members, among them the EU, Australia, China, Japan, and the USA launched e commerce negotiations. Members seek a high-standard outcome building on WTO agreements, but the legal form of the deal is not yet clear. Participants wish to modernise trade rules to fit the digital age and show that the WTO's negotiating function can deliver. Key issues in the negotiations include e-contracts and e-signatures, data flows, data localisation requirements, disclosure of source code, and customs duties on electronic transmissions. While some divergences persist, in particular on data flows and privacy, the talks are progressing with a view to deliver a consolidated draft text by the end of 2020.

Futuros eventos

07-12-2020
Health and environmental impacts of 5G
Seminário -
STOA
07-12-2020
What role can trade policy play to advance the objectives of the Green Deal?
Audição -
INTA
07-12-2020
Public Hearing on Women's Rights Defenders
Audição -
FEMM

Parceiros