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[Women's right to participation in the Peruvian legal system] El derecho a la participacion de la mujer en el sistema juridico peruano.
In: Los derechos de la mujer: comentarios juridicos. Tomo II, edited by Maria Isabel Rosas Ballinas and Mery Vargas Cuno. Lima, Peru, DEMUS, Estudio para la Defensa de los Derechos de la Mujer, 1998 Nov. 267-76.This work reflects on the right of women to participate as it is treated in the international juridical system, in constitutional law, and in Peruvian legislation. The right to participate is based on the essential dignity of the person, an inherent trait rather than a faculty conceded by the state or social group. The right to participate is a human right characterized by universality, integrality, and indivisibility with other rights. Participation may be exercised in individual or associated form, and includes the spheres of political life (traditionally the most developed) as well as economic, social, and cultural life. A country is democratic because its regimen is not just representative, but participatory. The work examines the right to participate as treated in such international instruments as the Universal Declaration of Human Rights, the International Civil and Political Rights Pact, and the Convention on Elimination of all Forms of Discrimination Against Women, before examining its treatment in the Peruvian constitution and legislation. The work concludes that the incorporation of international law as part of Peruvian law situates the international instruments alluding to women’s rights at the highest level. The interpreter should apply the most protective instrument, whether it is the written text of the constitution, the international human rights treaties, or the declarations of rights. If the internal law offers inferior protection, the constitutional or international law should be applied. Suggestions are presented for legislation that would promote exercise of the right to participation.