LA PROTECCIÓN JURÍDICO-CONSTITUCIONAL DEL DERECHO A LA IDENTIDAD EN EL PERÚ: RESPUESTAS FRENTE AL COVID-19

Abstract

: The right to identity in Peru has been consolidated thanks to the jurisprudential development of the Constitutional Court, which has as a precedent the very important doctrine of Professor Carlos Fernández Sessarego. So much so that a constitutional recognition of the right to identity has been achieved, such as that made up of static and dynamic elements. Along these lines, it has been established that sex is a dynamic element of identity and therefore can be modified, in such a way that it responds to the psychosocial identity of the person. The Peruvian constitutional jurisprudence has responded to the emergency call of a minority and historically discriminated population such as the trans population in Peru, restoring legal protection to them through judicial hearing of the cases related to the change of the mention of sex in the records. In this essay, the right to personal identity of trans people is analyzed, whose legal protection has been affected by the COVID-19 pandemic, which allows us to analyze what needs to be developed in terms of the effective protection of this law.