This report is part of CRIN's access to justice for children project, looking at the status of the CRC in national law, the status of children involved in legal proceedings, the legal means to challenge violations of children’s rights and the practical considerations involved in challenging violations.
The CRC has been part of the Peruvian national law since 1990. The CRC can be directly enforced in Peruvian courts. It is increasingly frequent to observe court judgments, mainly by the Constitutional Court, substantiated by international covenants on human rights. The Civil Code of Peru establishes that persons who have attained the age of 18 have legal capacity to take legal action or to appear in court. Persons under 18 can only appear in court through their legal representatives. Victims could also contact the office of the Ombudsman, whose organizational structure includes an office which is responsible for cases of child and adolescents regarding sexual violence, child abuse, and abandoned children. NGO`s can file cases to defend diffuse child rights in their own names. Habeas Corpus claims can be filed without the express acquiescence of the beneficiary.