La Defensoría del Pueblo del Perú y el significado de sus recomendaciones
The ombudsmen are institutions that investigate to defend rights. The results of their research produce at least these two effects: the verification of the rights affected or put at risk, and the formulation of recommen-dations to introduce positive changes in functional behavior, norms or public po...
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Main Author: | |
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Format: | Article |
Language: | Spanish |
Published: |
2022
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Online Access: | https://dialnet.unirioja.es/servlet/oaiart?codigo=8541794 |
Source: | Derecho & Sociedad, ISSN 2079-3634, Nº. 58, 2022, pags. 1-36 |
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Summary: |
The ombudsmen are institutions that investigate to defend rights. The results of their research produce at least these two effects: the verification of the rights affected or put at risk, and the formulation of recommen-dations to introduce positive changes in functional behavior, norms or public policies. But, due to the treatment they receive from state enti-ties, the nature of a recommendation or its significance does not seem to be clear, and even less the obligations that the authorities have in relation to them. This essay approaches the language and the meaning of the recommendations, their “non-binding” nature, and the route that should be followed for their compliance, their discussion, and the use of complementary means to ensure that the defense of rights continues. The basis of the analysis is fundamentally the work carried out by the Peruvian Ombudsman, and the author’s experience in this institution. |
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