Regulation Of The Rights

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Published on: January 18, 2014

According to data from the National Institute of statistics and Informatics (INEI), in the 2007 2 have been lost? 216,520 man-hours due to strikes performed in the Peru. The Office of the Ombudsman reports, between April and December 2007, 215 stoppages and demonstrations in the country, of which 68 were conducted in metropolitan Lima. The right of Assembly and to manifest itself, is recognized in article 2, paragraph 12, of the Constitution politics in Peru; However, it requires regular, since it is not an absolute right and collides with other constitutional rights from the rest of society such as the right to free transit, to security, to work.There is a collision of different fundamental rights, which must be regulated for its balance and legal harmony and peaceful coexistence in our society, therefore, the Constitutional Court, in its judgment in relapse in Exp. No. 4677-2004-PA/CT, has proposed to the Congress of the Republic issued a law which is responsible for regulating the exercise of the right of Assembly, the competent authority to know the previous notices in cases of meetings in squares and thoroughfares, the deadlines for reporting, causes substantial grounds to restrict or prohibit the holding of the event, its limits, etc.60 Million soles lose carriers every month due to congestion that generate constant marches in the Centre of Lima, said the Association of urban transport in Peru (ASETUP); as a result of the blockade of the main avenues for protesters, buses of transport consume 35% more fuel. And if we add to this that in the last six months protesters have broken windshield of 500 transport units, the summation of losses is substantial. To which must be added the enormous losses of the small shops in the center of Lima and vandalism to which we are exposed.

Consequence of the above, we have tabled the Bill on March 18, 2008 N 222-2007-CR that regulates the exercise of the right of Assembly, which remains without debate in the Committee on Constitution and regulation of the Congress of the Republic, despite being a vital standard for our coexistence and development as a society.Highlights of the proposal is the participation of local governments, who will be notified by the competent authority in the term of 24 hours of receipt of the request for realization of the March or demonstration. The affected Local Government informed the objective reasons that could justify the restriction or prohibition of the meeting, within the existing legal framework with binding.In the same way the provincial municipalities dictate special rules governing the use of public spaces and the exercise of the right of Assembly in places where there are monumental, archaeological zones, historical or artistic centres, etc., in order to safeguard the tourist flow and the historical heritage of cities. We can no longer allow efforts to beautify and recover our historical center refouler by innumerable marches, in detriment of the thousands of merchants who live trade, culture and art as well as our historic heritage.The right of Assembly and demonstration is important, with proper regulation as all fundamental, respecting us law all those who wish to express themselves for some reason and those who want to work and travel in peace.

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