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
Luis Barboza-Sanchez1, Julie Urtecho-Paz2
1Luis Barboza-Sanchez, Department of Derecho, Ciencias Políticas, AV LAS GAVIOTAS 485, LIMA, Peru.
1Julie Urtecho Paz, Department of Derecho, Ciencias Políticas, AV LAS GAVIOTAS 485, LIMA, Peru.
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 | PP: 31-36 | Volume-11 Issue-12 August 2025 | Retrieval Number: 100.1/ijmh.D178111041224 | DOI: 10.35940/ijmh.D1781.11120825
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© The Authors. Blue Eyes Intelligence Engineering and Sciences Publication (BEIESP). This is an open access article under the CC-BY-NC-ND license (http://creativecommons.org/licenses/by-nc-nd/4.0/)
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.
Keywords: Equal Marriage, Substantive Equality, Conventionality Control, Human Rights, OC-24/17, Peruvian Constitutional Court.
Scope of the Article: Management