PERU RESEARCH

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• PERU RESEARCH
• FULFILLMENT OF HUMAN RIGHTS IN HEALTH SERVICES A
  MAIN ISSUE TO MAKE A REALITY THE HUMAN RIGHTS OF
  PEOPLE LIVING WITH HIV AND AIDS

Authors Ricardo Corcuera - IPYS Alicia Quintana
and Catalina Hidalgo - IES
Sponsors
consorcio de investigación
económica y social
Observatorio del Derecho a la Salud
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GENERAL OBJECTIVE

• Collect evidences with regard to barriers and
  possibilities related with the exigibility of
  human rights in sexual and reproductive health
  and HIV and Aids field

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SPECIFIC OBJECTIVES

• To describe and analyze the choices followed by
  the citizens which health rights was violated
• To determine the suitability of mechanisms
  available to demand to the State the exigibility
  of human rights considering real cases in which
  they were used
• To compare the results obtained by citizens when
  using mechanism available and when they do not
  were used at all
• To propose recommendations to improve the
  mechanisms already available to make a reality
  the exigibility of human rights related with
  sexual and reproductive health and HIV and Aids
  issues

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MECHANISMS FOR THE EXIGIBILITY OF HUMAN RIGHTS
CONSIDERED IN THE RESEARCH

• Administrative
• Complaint to the Director of the health centre
• Complaint to the Defender of Health and
  Transparency Office Ministry of Health
• Judicial
• Amparo
• Ombudsman's Office
• Complaint

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Complaint to the Defender of Health and
Transparency Office (DHTO) Ministry Of Health
Complaint
48 hours
Acceptability
24 hours
Request of information to the aggressor
Immediate Action
5-7 working days
Reply of aggressor
10-20 working days
Final Report of the DHTO
3 working days
Notification to the aggrieved party
Notification to the aggressor
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CONSTITUTIONAL PROCEEDING OF AMPARO

• First Phase Judicial Court (Specialized Court))

Claim
5 working days
Admission
5 working days
Reply of aggressor
The judge has 5 days to pass judgment
Judgment
3 working days
Against
Favorable
Appeal
Admission
3 working days
Transfer of the case to the Superior Court
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The Superior Court requests to the person that
appeal the reasons for that procedure
Second Phase Judicial Court (Superior Court)
3 working days
Presentation of justification for the appeal
3 working days
The Superior Court determine the date to the
summons
Summons Moment in which both parties expose the
case in the Court
The summons
5 working days
Judgment
Favorable
Against
The proceedings conclude
Constitutional Offence Petition
It must be presented within the next 10 working
days
Aceptation of the Petition
3 working days
The case is remitted to the Constitutional Court
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Third Phase Constitucional Court
Evaluation of the case
30 working days
Judgment
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Main results of the Research
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• People is unaware of the mechanism available for
  the exigibility of human rights particularly the
  administrative mechanisms citizens as well as
  government employees
• Mechanism for the exigibility of human rights in
  general should be adapted to the particular
  nature of the complaints/demands in issues
  related to sexual and reproductive health and HIV
  and Aids
• Deadlines excessively long to solve the demands
• To many instances to solve complaints and demands
• Inadequate regulation of the mechanism available,
  particularly when the complaint is presented in
  the health centre

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Analysis of the violation of human rights related
with SRH and HIV and Aids

• In the cases considered in this research we have
  observed that the human rights violation not only
  occurred in health issues but the violation apply
  as well in other dimensions as a constant
• Discrimination for sex, age, the condition to
  live with HIV and Aids and/or due to sexual
  behaviours
• Failure to execute the norms and procedures to
  health attention announced and endorsed by the
  Ministry of Health
• When users of health services try to start the
  proceeding to complain they face again situations
  of discrimination, censure and ill treatment, so
  they feel discourage to put in practice their
  right to demand

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• Socio cultural norms prevail above to health
  norms endorsed by the State due to the
  misconception of health providers about
  sexuality, reproductive health and HIV issues.
  Unfortunately, often attitudes and behaviours of
  health providers define if a user have health
  rights or not or have influence in the decision
  of users to start or not proceeding to complain
  or demand to the State the exigibility of their
  human rights