Peru is a South American country located on the shores of the Pacific Ocean, sharing a border with Ecuador, Colombia, Brazil, Bolivia, Chile. The population of this country is approx 3,43,52,000 with 12,85,216 square kilometers area. The official language is Spanish, along with Quechua, Aymara etc. Religiously 94% are Christian and 5% are Atheist.
The state recognizes the right of workers to share in enterprise profits. No citizen is bound to obey someone who has seized power by violating the constitution and laws. Besides, citizens have the right to revolt in defense of constitutional order. Monopoly is prohibited in radio, TV, social media etc.
These are positive aspects. Now let's discuss the negative aspects.
The Creator and the Catholic Church are recognized by the state. There is a seven-member Constitutional Court for five-year terms, and Parliament is largely weak to its powers.
Admirable Articles of Peru's Constitution
Article 2 (Part of it)
Every person has the right:
● To life, his identity, his moral, psychical, and physical integrity, and his free development and well-being. The unborn child is a rights-bearing subject in all cases that benefit him.
● To equality before the law. No person shall be discriminated against on the basis of origin, race, sex, language, religion, opinion, economic situation, or any other distinguishing feature.
● To his honor and reputation, to personal and family privacy, as well as to his own voice and image.
Every person affected by inaccurate statements or injured in any social
medium has the right to demand free, immediate, and proportionate
rectification, other legal liabilities notwithstanding.
● To the inviolability of his home. No one may enter a dwelling or conduct any investigation or search without authorization from the inhabitant or without a warrant, except in cases of in flagrante delicto or serious threat of the perpetration thereof. Exceptions for reasons of health or serious risk are governed by law.
● To the secrecy and inviolability of private communications and documents.
Communications, telecommunications, or any private correspondence may
only be opened, seized, intercepted, or tapped by the authority of a
warrant issued by a judge and with all the guarantees provided in the
law. Any matter unrelated to the circumstances under examination shall
be kept secret.
Private documents obtained in violation of this provision have no legal effect.
Books, receipts, and accounting and administrative documents are
subject to inspection or audit by relevant authority in accordance with
the law. Any action thus taken may not include removal or seizure,
except by a court order.
● To peaceful assembly without arms. Meetings on any premises, whether private or open to the public, do not require prior notification. Meetings held in squares and public thoroughfares require advance notification by the relevant authority, which may prohibit such meetings solely for proved reasons of safety or public health.
● To associate and establish foundations and other forms of not-for-profit legal organizations without prior authorization, and in accordance with the law. These organizations may not be dissolved by administrative resolution.
● To make contracts for lawful purposes, whenever they do not contravene laws of public order.
● To work freely, in accordance with the law.
● To keep his political, philosophical, religious, or any other type of conviction private, as well as to keep professional secrets.
Article 4
The community and the State extend special protection to children, adolescents, mothers, and the elderly in situation of abandonment. They also protect the family and promote marriage, which are recognized as natural and fundamental institutions of society.
The form of marriage and the grounds for separation and dissolution are governed by law.
Article 5
The stable union between a man and a woman, free of any impediment to matrimony, who establishes a common-law marriage, creates community property subject to a marital assets regime, where applicable.
Article 7
Everyone has the right to protection of his health, his family environment, and his community, just as it is his duty to contribute to their development and defense. Any individual unable to care for himself due to physical or mental disability has the right to respect for his dignity and to a regime of protection, care, rehabilitation, and security.
Article 7-A
The State recognizes the right of everyone to have progressive and universal access to drinking water. The State guarantees this right by prioritizing human consumption over other uses.
The State promotes the sustainable management of water, which is recognized as an essential natural resource and as such, constitutes a public good and a patrimony of the Nation. Its domain is inalienable and imprescriptible.
Article 17
Early childhood, primary, and secondary education are compulsory. In public schools, education is free. In public universities, the State guarantees the right to a free education to those students who maintain a satisfactory performance, and lack the economic resources needed to cover the cost of education.
In order to ensure the greatest number of educational offerings and to help those who cannot afford their own education, the law sets forth the method of subsidizing private education in any of its forms, including communal and cooperative education.
The State promotes the establishment of schools, wherever people may require them.
The State guarantees the eradication of illiteracy. It also encourages bilingual and intercultural education, in accordance with the particular characteristics of each area. It preserves the diverse cultural and linguistic manifestations throughout the country. It promotes national integration.
Article 22
Work is a right and a duty. It is the foundation for social welfare and a means of self-realization.
Article 23 (Part of it)
No one is obliged to work without pay or without his free consent.
Article 25
The normal workday is eight hours, or the normal workweek is forty-eight hours, at the longest. In the case of cumulative or atypical workdays, the average number of work hours during an equivalent period may not exceed that maximum.
Workers have the right to weekly and annual paid vacations. This benefit and compensation are regulated by law or agreement.
Article 28
The State recognizes the right of workers to join trade unions, to engage in collective bargaining, and to strike. It ensures their democratic exercise by:
● Guaranteeing freedom to form trade unions.
● Encouraging collective bargaining and promoting peaceful settlement to labor disputes. Collective agreements are binding in the matters concerning their terms.
● Regulating the right to strike so that it is exercised in harmony with the social interest. It defines exceptions and limitations.
Article 29
The State recognizes the right of workers to share in enterprise profits and promotes other forms of participation.
Article 46
No one owes obedience to a usurper government or to anyone who assumes public office in violation of the Constitution and the law.
The civil population has the right to insurrection in defense of the constitutional order.
Acts of those who usurp public office are null and void.
Article 61
The State facilitates and oversees free competition. It fights any practice that would limit it and the abuse of dominant or monopolistic positions. No law or arrangement may authorize or establish monopolies.
The press, radio, television, and other means of expression and social communication and, in general, enterprises, goods and services related to freedom of speech and communication, cannot be objects of exclusivity, monopoly, or hoarding, directly or indirectly, by the State or private parties.
Article 83
The law determines the monetary system of the Republic. Issuance of bills and coins is under the exclusive power of the State. Such power is exercised through the Central Reserve Bank of Peru.
Article 91
The following persons may not be elected members of the national parliament if they have not resigned their offices six (6) months before the election:
● Ministers and Deputy Ministers, and the Comptroller General.
● Members of the Constitutional Court, the National Board of Justice, the Judicial Branch, the Office of the Prosecutor General, the National Election Board, and the Ombudsman.
● The President of the Central Reserve Bank, the Superintendent of Banking, Insurance, and Private Pension Fund Management Firms, and the National Superintendent of Tax Administration.
● Members of the Armed Forces and the National Police on active duty.
● Other individuals as provided in the Constitution.
Article 92 (Part of it)
The office of congressman is a full-time job. Therefore, members are prohibited from holding any other office, profession, or occupation during the time in which Congress operates.
Article 153
Judges and prosecutors are prohibited to participate in politics, unionize, or declare themselves on strike.
Facts of Peru's Constitution
Preamble
The Democratic Constituent Congress invoking Almighty God, obeying the mandate of the Peruvian people, and remembering the sacrifice of all the preceding generations of our land, has resolved to enact the following Constitution:
Article 33
Exercise of citizenship may be suspended by:
● Judicial interdiction.
● Sentence of imprisonment.
● Sentence of disqualification from political rights.
Article 35 (Part of it)
The financing of political organizations can be public and private. It is governed by law according to criteria of transparency and accountability. Public financing promotes the participation and strengthening of political organizations under criteria of equality and proportionality. Private financing is carried out through the financial system with the corresponding exceptions, caps and restrictions. Illegal financing generates the respective administrative, civil and criminal sanction.
Article 50
Within an independent and autonomous system, the State recognizes the Catholic Church as an important element in the historical, cultural, and moral formation of Peru, and lends the church its cooperation.
The State respects other denominations and may establish forms of collaboration with them.
Article 201 (Part of it)
The Constitutional Court is the controlling body
of the Constitution. It is autonomous and independent. It consists of
seven members who are elected for five-year terms.
