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Peru’s Constitutional Court Chief Says Judges Need Not Obey International Rulings That Contradict Constitution

She set out the stance during the court’s judicial year opening.

Overview

  • Luz Pacheco argued that rulings from international tribunals lack legitimacy in Peru if they conflict with the American Convention on Human Rights or the national Constitution.
  • She cited the Inter-American Court’s Artavia Murillo decision on when life begins as incompatible with Article 4 of the Convention and Article 2 of Peru’s Constitution.
  • Pacheco urged judges to reflect on adherence to the Constitutional Court’s majority ruling upholding Law 32107, which narrows the application of crimes against humanity.
  • She stressed this was not a call to civil or legal disobedience and said judges must interpret rights in line with the Universal Declaration and treaties Peru has signed.
  • Reporting on court management, she noted 4,811 cases resolved in 2023, announced electronic notifications and AI use, and sought a larger budget, as the acting Congress chief later pressed for sanctions on judges who ignore the TC’s decisions.