The Relevance of the Inter-American Court of Human Rights’ Standards on the Right to Prior Consultation in the Domestic Sphere. A Review of the Peruvian Jurisprudence

in International Journal on Minority and Group Rights

This article discusses how the magistrates of the Constitutional Tribunal of Peru have interpreted the right to prior consultation and examines whether and/or to what extent these magistrates have been consistent with the case-law of the Inter-American Court of Human Rights (IACtHR). Taking into account that the jurisprudence of the Constitutional Tribunal has provided the first guidelines on how to legislate and how to conduct the prior consultation processes in Peru, this analysis is relevant to determine if these guidelines have been elaborated according to the IACtHR’s standards.