Published August 30, 2025 | Version CC-BY-NC-ND 4.0
Journal article Open

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

  • 1. Department of Derecho, Ciencias Políticas, AV LAS GAVIOTAS 485, LIMA, Peru.

Contributors

Contact person:

  • 1. Department of Derecho, Ciencias Políticas, AV LAS GAVIOTAS 485, LIMA, Peru.

Description

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.

Files

D178111041224.pdf

Files (531.6 kB)

Name Size Download all
md5:4f65e4cd463ef7a1af465c8f6f126b61
531.6 kB Preview Download

Additional details

Identifiers

DOI
10.35940/ijmh.D1781.11120825
EISSN
2394-0913

Dates

Accepted
2025-08-15
Manuscript Received on 27 December 2024 | First Revised Manuscript Received on 13 July 2025 | Second Revised Manuscript Received on 09 August 2025 | Manuscript Accepted on 15 August 2025 | Manuscript published on 30 August 2025.

References