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cultural rights, indigenous peoples and the potential contributions of inter-American human rights protection

Elizabeth Salmon *

Mariana Chacón **

cultural rights are often described as "underdeveloped category" human rights. This suggests that, compared with other human rights-civil, political, economic and social-are the least developed regarding scope, legal content and ability to enforce them, although the existing list of cultural rights is relatively comprehensive. Even, it is customary to use the term "economic, social and cultural rights as an indivisible whole, when in fact, cultural rights receive much less attention than the first two.

This can be seen not only in doctrine but in practice state. It is difficult to find a national constitution, in listing the economic and social rights, contains a chapter dealing exclusively with cultural rights. It is possible to identify that, in general, limited to state constitutions the right to education.

There are some reasons for the reserve shown by the doctrine and state practice in relation to cultural rights, are scattered over a large number of instruments, both universal and regional, approved by the United Nations and specialized agencies; On the other hand, the lack of a general treaty or declaration coding leads to different ways of articulation and aggregation of such rights.

This lack of clarity is evident when cultural rights are presented as a single right, namely the right to culture or the right to participate in cultural life, while can also be listed in a more detailed and divided into nine groups: the right to property, education, education, higher education, identity, language, culture, media and sport.

The following lines are some concepts and analysis intended to help clarify some essential ideas of the topic and its inclusion is still incipient in the human rights system.

1. CULTURE DOES NOT COST?

not identify the current stage of international law a univocal concept of culture, but instead we are facing a multidimensional concept that has received regulatory consecration in its different facets:

(1) "Culture" in the classic sense-and elitist-a word that means the traditional canon art, literature, music, theater, architecture, etc.

is this sense of duty to the culture that reflects the Committee on Economic, Social and Cultural Rights (CESCR) in the Revised Guidelines on the Form and Content of Reports to be submitted by States parties under articles 16 and 17 of the International Covenant on Economic, Social and Cultural Rights (ICESCR). They require, in the context of Article 15 of the ICESCR, States to provide information on measures taken "to promote popular participation in culture" through "cultural centers, museums, libraries, theaters, [and] theaters," the which corresponds to the approach that the drafters of the Covenant gives the term "culture." Moreover, popular participation in cultural life includes the right to enjoy work and cultural values, literature and art, but also to create this work and values.

(2) "Culture" in a more pluralistic, comprising all products and demonstrations of creative and expressive motivation. This definition includes not only the "high" culture, but also a phenomenon such as commercial television or radio, the popular press, popular music and contemporary crafts.

The original idea behind the first conception of culture was its "democratization", ie overcoming the default sort of canon of "great" works that had been previously reserved only for a lucky elite. Something not contemplated by the drafters of the ICESCR, however, was the "popularization" of culture, ie the right of all people to enjoy cultural activities and forms of expression that they had considered valuable.

In this regard, since 1968, the Organization of the United Nations Educational, Scientific and Cultural Organization (UNESCO) identified "progressive decline to define" culture "in elitist terms [and] a new appreciation for the diversity of cultural values, creations and shapes, even within the same state. " The adoption by UNESCO of an inclusive and egalitarian definition of "culture" was formalized when its General Conference held in the Recommendation on Participation Cultural Life in 1976, that culture is not merely an accumulation of work and knowledge produced, collected and kept by the elite to put it to everyone. On the contrary, that the concept of culture has expanded to include all forms of creativity and expression of groups and individuals.

This conception of cultural life is not restricted to products of human creativity, but includes other forms of self expression and social expression, such as sports, games and entertainment in general.

According to this new trend, the CESCR has adopted a less restrictive sense of the definition of cultural life promoted by UNESCO. This is evident in the Revised Guidelines released by the committee, describing the right under the provision as "the right of everyone to participate in cultural life that he or she deems appropriate, and express their own culture."

Finally, this sense is also collected as part of the System for the Protection of Human Rights, specifically by the Protocol of San Salvador, which in its Article 14.1, states that "[t] he States Parties in the (...) Protocol recognize the right of everyone to (...) to participate in cultural and artistic life of the community enjoy the benefits of scientific and technological progress, and benefit from the protection of the moral and material interests resulting from any scientific, literary or artistic production of which is the author. "

(3) "Culture" in the anthropological sense, that simply means the products of creativity or expression, but the common features that underlie a particular society-their "lifestyle" - and which emanate from the two previous events.

According to the two previous definitions of culture, the concept of "life Cultural "is external and observable product of society. By contrast, an anthropological definition sees culture as the internal frame of reference of a company, the "lifestyle" which emanate from the two previous conceptions. This means that it is "a world view that represents all the encounters between people and external forces that affect your life and your community." This has resulted in concern by the Committee for the rights of linguistic minorities, ethnic and religious communities within states, as well as the right to practice and develop their distinct cultural identity.

need note that this view of "culture" creates a major theoretical question. Is it an individual right, collective right, or both? According to its origin, Article 15 of ICESCR provides an individual right. The Committee will ensure that every citizen is entitled and is eligible to participate in cultural activities. However, when it requires States to preserve the "life forms, whether majorities or minorities, it seems closer to a collective or group rights.

According O'KEEFE, there is no legal reason why the right contained in Article 15 can not be characterized both as an individual right as a group right, depending on the context in which it is exercised. This is because, so far, the CESCR is not entitled to receive individual communications and because the Optional Protocol to the ICESCR in accordance with the current text provides for the possibility of individual and group communications. However, this statement would not be equally valid in the system for the protection of human rights, in which communications are individual only.

However, despite any institutional constraints that this option has, we believe that the so-called rights of minorities and indigenous peoples are strengthened with a broader conception of culture that respects all forms of life individually and collectively

2. CULTURAL DIVERSITY IS OUR HERITAGE AS PART OF HUMANITY

state perception has been rather reluctant to develop and enforce cultural rights on the understanding that strengthening of the various cultural identities that make up a state could encourage trends to secession endangering national unity. Thus, there was opposition to the introduction of cultural rights in the Charter of the United Nations, nor the cultural rights of persons belonging to minorities are mentioned in the Universal Declaration of Human Rights but is only recognized in Article 27 of International Covenant on Civil and Political Rights 1966.

During the World Conference on Cultural Policies (Mexico City, 1982), delegates stressed the growing awareness of cultural identity, pluralism, it is clear that the right to be different and mutual respect one culture by another, including minorities. Experience shows that rather it guarantees peace and stability and not, as feared by the states, secession and the erosion of national sovereignty.

3. THE RIGHTS OF INDIGENOUS AND NATIVE AMERICAN SYSTEM FOR THE PROTECTION OF HUMAN RIGHTS: A LONG WAY TO START TO BE TRAVELED.

currently inhabit the world between 300 and 350 million indigenous people, which are considered the 6% of world population. Of this percentage, about 37% reside in Latin America, and Peru is the second-highest indigenous population of the region.

To date, the rights of individuals and peoples have not had a specific regulation in the basic instruments governing the system American human rights. Neither the American Declaration of the Rights and Duties of Man, or the American Convention on Human Rights and its Additional Protocols and other inter-American human rights treaties contain provisions that specifically develop the rights of indigenous peoples.

All that exists now is a draft American Declaration on the Rights of Indigenous Peoples, which was approved by the Inter-American Commission on Human Rights (hereinafter "the Commission" or "Commission") of 27 February 1997 and submitted to the General Assembly of the OAS where it remains under evaluation to date.

interesting thing is that this orphan legislation has not limited the action of some bodies that have generated a series of statements that are building the pillars of its legal protection. We believe this is a fundamental contribution not only offsets, so starting indeed, the lack of regulatory treatment and opens doors to future developments, as in other cases, they will have to translate the institutional developments of the system.

COMMISSION ON HUMAN RIGHTS

The Commission received and processed a large number of requests on situations that afflict people and communities, primarily using the precepts of the American Declaration of the Rights and Duties of Man, 1948, and the American Convention on Human Rights 1969.

However, the Commission had to follow what was done in the universal system of human rights protection, as it approaches the subject from other rights such as the prohibition of discrimination. However, this approach proved very tenuous, since the prohibition of discrimination only appears in the Declaration and the American Convention in the field of the equality without discrimination based on race, color, language, religion, social status, etc.

Traditional treatment of their minority rights, including by means of the prohibition of discrimination is not sufficient, then ignores the nature and complexity of indigenous peoples, which have individual rights and collective nature closely linked. Indigenous peoples are shaped by history, culture, languages, ethnic, or religious cults, ancestral techniques, artistic traditions, its own institutions, legal systems and administration of justice, territories and habitat. All these elements can not be protected perpetually by rights not capture the true nature and needs of indigenous minorities.

In response to these requests, the Commission has issued resolutions, reports and recommendations to States and States requested urgent action to enforce rights that the inter-American human rights instruments recognize and which have forced respect and guarantee to all its inhabitants.

Such requests, in cases where victims are indigenous and indigenous communities, are referred in particular the right to life, liberty, integrity personal, property, dignity, due process and judicial guarantees, but also have implications for operation and collective rights as communities, societies and cultures and values \u200b\u200balive within each state.

AMERICAN COURT OF HUMAN RIGHTS (HR COURT OR COURT)

The Court exercises judicial functions mandatory to interpret and apply the provisions of the Convention in individual cases submitted to it by the Commission or the States, where they have recognized the jurisdiction of the Court to do so. The Commission has submitted to the Court a number of cases concerning violations of rights of individuals and indigenous communities. Additionally, the ICHR has an advisory role for the interpretation of human rights norms in force in the Americas and the Court's advisory opinions are legitimate interpretation of these rules. Therefore, the work done in relation to the rights of indigenous minorities is of paramount importance.

level of this organ, one of the most famous pronouncements on the rights of indigenous peoples is the case of the Mayagna (Sumo) Awas Tingni. Background In its ruling, dated August 31, 2001, the Court recognized the cultural dimension of the right of ownership over land, and the vital link between indigenous peoples and the territories they occupy. In paragraph 149 of the background statement details the following:

"(...) Among indigenous peoples there is a communitarian tradition regarding a communal form of collective ownership of land, the sense that ownership of land is not centered in one individual but in the group and community. (...) For the indigenous communities relating to land is not merely a matter of possession and production but a material and spiritual must fully enjoy, even to preserve his legacy cultural and transmit to future generations. "

addition, the concurring opinion of Judge Sergio García Ramírez states:

" The Judgement of the Inter-American Court of Human Rights in the Case of the Mayagna (Sumo) Awas Tingni contributes to the recognition of specific legal relationships which contribute to integrate the status characteristic of much of the American people increasingly well understood and recognized by national legislation and international instruments. The theme of this Judgement, and therefore herself is at a point between civil rights and economic, social y culturales; dicho de otra manera: se halla en el punto al que concurren el Derecho civil y el Derecho social. La Convención Americana, aplicada en los términos de la interpretación que ella misma autoriza, y que además figura en las reglas de la materia conforme al Derecho de los Tratados, debe significar y en efecto significa un sistema normativo de protección segura para los indígenas de nuestro Continente, no menos que para los otros pobladores de los países americanos a los que llega el sistema tutelar de la Convención Americana." .

Por otro lado, encontramos el caso de la Comunidad Indígena Yakye Axa c. Paraguay, de 17 de junio de 2005 , que recoge una denuncia por la omisión estatal to recognize the ownership of ancestral lands to indigenous communities. Are extremely important considerations of the Court over the right of the community to exercise their cultural customs.

135. The culture of the indigenous community members corresponds to a particular lifestyle of being, seeing and acting in the world, up from its close relationship with their traditional lands and resources found there, not only because these their main means of subsistence, but also because they constitute an integral part of their worldview, religion and, therefore, their cultural identity.

also related this particular way of life with the special relationship that the community had with their lands or territories:

136. This relates to what was stated in Article 13 of Convention No. 169 of the ILO, in the sense that states must respect "the special importance for the cultures and spiritual values \u200b\u200bof the peoples concerned of their relationship to land or territories, or both, as appropriate, to occupy or otherwise, and in particular the collective aspects of this relationship. "

addition, the Court even linked the guarantee of cultural rights of the community with recognition a legal person, other than the people who make it:

68. The Court considers that granting legal status to operationalize the existing rights of indigenous communities, which historically has been practicing and not from its birth as legal persons. Their own political, social, economic, cultural and religious rights and that this rigging, as the appointment of their own leaders and the right to reclaim their traditional lands are recognized not a legal person must sign to comply with legal formalism, but the community itself to itself Paraguayan Constitution recognizes the State as preexisting.

Finally, in the case of c. Sawhoyamaxa Paraguay, the Court detailing the special consideration due to different "lifestyles" and "see the world", to provide special content to the right to property enshrined in Article 21 of the American Convention on Human Rights:

120. The Court also considers that the concepts of ownership and possession in indigenous communities may have a collective, meaning that ownership of the land "does not focus on one individual but in the group and its community" . This notion of dominance and possession of land does not necessarily correspond to the classical conception of property, but they deserve equal protection under Article 21 of the Convention. Not knowing the specific versions of the right to use and enjoyment of property, given by the culture, customs and beliefs of each people, tantamount to holding that there is only one way to use and dispose of assets, which in turn means make illusory the protection of Article 21 of the Convention for millions of people.

Thus, not only recognizes the cultural rights of indigenous American system protection of human rights, despite not having a specific statement of the matter, but that special consideration of culture as "lifestyle" has acquired a different, broader content, including the rights and the American Convention on Human Rights.

RAPPORTEUR ON RIGHTS OF INDIGENOUS PEOPLES (RAPPORTEUR)

The Commission created the Special Rapporteur in order to promote, organize, strengthen and consolidate the activities that it had been developing in this area. In this sense, it has taken to achieve a better understanding of the system inter-American human rights protection in general and of the Commission and the IACHR in particular by facilitating the access of indigenous peoples to the system.

This has contributed, in part, that in recent years, the jurisprudence of human rights system has known cases and made significant progress in the area of \u200b\u200bindigenous peoples' rights. This both the Commission, reflected in the friendly settlement process, decisions in individual cases and precautionary measures, such as decisions and judgments of the Court. As part of its work, has made a series of visits to indigenous communities, held meetings and established partnerships with agencies (governmental and nongovernmental) responsible for ensuring the rights of indigenous peoples and has participated in seminars on the American System and the Rights of Indigenous Peoples, in various Member States of the OAS.

Among the main tasks of the Special Rapporteur is the ongoing collaboration to provide the Working Group of the OAS Permanent Council to Prepare the Draft American Declaration on the Rights of Indigenous Peoples. "

Currently, the Office is preparing a thematic study on the scope of the right to consultation and link to the right over land, territory and access to natural resources.

FINAL COMMENT:

Cultural rights figure prominently in either theoretical or practical development of human rights. From the same understanding of "culture" as a step to identify the rights of those who wish to exercise their "cultural rights" or their "right to culture" to concrete manifestations of the exercise.

However, the evolution is positive since the idea has evolved from a rigid, elitist, content the ICESCR, to a somewhat more inclusive, provided by UNESCO, finally, the anthropological sense, inclusive result of a work of broad interpretation of the law that has allowed empower linguistic, cultural and religious.

This was achieved largely due to the work of the organs that make up the system for the protection of human rights. In fact, although there is no legal instrument that directly addresses the rights of indigenous peoples as such, both the Inter-American Court and have used existing instruments - the American Declaration of Rights and Duties of Man and the American Convention on Human Rights, "to protect the rights of indigenous peoples indirectly.

is therefore a task that must not be delayed pending since our region has on indigenous peoples an essential pillar of our historical identity. _________________

* Senior Lecturer at the Catholic University of Peru, Academic Director of the Institute for Democracy and Human Rights (IDEHPUCP) and Coordinator of the MA in Human Rights at the same university.

** Academic Assistant Masters in Human Rights at the Pontificia Universidad Catolica del Peru.

Is Raylene Richards Retired

IURIS Veritatis 2010 Challenge Pro-bono

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* For reasons of Holy Week, the meeting of Saturday 03 April, two thousand ten, is suspended for all miebros of the institution.

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INTERVIEW DR. Beatriz Boza

By: Jean Carlo Gonzalo Cuba Yaranga

founding director of Ciudadanos al Día, an independent director of companies in the agricultural and industrial . Dr. Boza has been Chairman of the Boards of Indecopi (1995 - 2000) and PromPeru (1996 - 2000), Ex - Director of the BCR and Chief of Staff of the Minister of Economy and Finance (2001), a lawyer from the Pontificia Universidad Catolica del Peru and an honorary member of the Law Review THEMIS, is also a Master in Law from Yale University (USA) and PAD graduate of the University of Piura, being admitted to practice both in Peru and New York (USA)., president of the Inter-American Affairs Committee of the Bar of the City of New York (1993-1996)

This interview was conducted on February 4, 2010 by Jean Carlo Gonzalo Yaranga Cuba, on the premises of Ciudadanos al Día (CAD) of Lima.
During the second half of November is developing a seminar on Ethics and Accountability Advocate, why the issues of social responsibility, ethics begin to gain importance Lawyer in recent years, what has enabled concepts such as "ethics" and "responsibility" begin to form part of the conversation of a lawyer?
This has to do with the mission of the Advocate and the Advocate, the profession of the Bar is so we can solve our revenues and our family? , The End bone is living? "The goal is to serve a customer? or beyond to have a financial support which to live, hopefully more and more worthy as a lawyer, serving your customer, the beyond the mission of the Lawyer and the Legal Profession has no transcendent purpose, runs the legal profession in the lawyer or the client, or does it have anything to do with society? Do you have something to do with the country? This reflection is in the center of the proposed lawyer's professional responsibility, and the question that you do is you have to do or because it gives one group of people start from the Academy to give a reflection today more than ever in early of this century, relevant in the world but especially in Peru, for three reasons:
- Because Peru is one of the countries of the region where we have less level of credibility, support and legitimacy in the State Constitutional Law, in all international indicators are nowhere near Chile, Brazil, Colombia, even far from Ecuador and Bolivia, do want to get ahead law, law and justice are the foundations of civilized society where we can live in peace, where you can create wealth, which can be equity, not law, law and justice in the modern world do not believe that is possible, in Peru it is an imperative.
- The second reason is because the global market can not function without predictability in the rules, unresolved conflicts, which are harmonious, efficient and timely, that is, no justice without law and whether the regions, provinces, Peru we are strengthen require integrating into the world, to succeed economically, we need to strengthen our legal culture.
- And the third reason is a moral reason what is the moral responsibility of each of us as lawyers and lawyers? Do we serve the right for their own purposes? "To serve customers to earn our" little something "? Or where is who we are, what we believe and what we do with our life through the right, behind the proposal to rethink the standards of professional practice, there is a whole group of students, magazines, associations like you, of lawyers, legal managers, I think there may be a difference, I think we are making a difference, is what everyone is saying, I think I want to make a difference, I think I can individually from the class I'm taking, the association to which I belong, from the journal in stuff, from the practice I am doing, from professional practice or exercise within a company, within the state or independent, I think I can be an example and make a difference, that is what is behind this, conviction of a group of lawyers and lawyers to imagine a profession in which we can be proud, dignified, and they have the ability to Peru to help build a more just, more caring, more peaceful and prosperous for all.

Then with the imperative that you indicate the three categories we are in the rates in Latin America. Are we witnessing a chaotic country?
is that we are at the lowest rates, such as "Satisfaction with democracy in Latin America," according to World Bank indicators of governance are in lower rates than it is rule of law, respect for the constitutional state law, respect and appreciation of the judges, justice, police institutions, we are in the lowest.

But has was necessary to see the face of corruption to react this way or was better to be suspicious and prevented?
is an issue not only of corruption, is a larger issue, one can say I am not corrupt, I am not corrupt and does not mean that this backing the constitutional state of law, that does not mean you are strengthening the role of justice does not mean you're doing your own rules, if we understand that in Peru corruption as an economic issue, but if every day we keep passing the red light, if every day driving is the law of jungle, the law of the freezer, the most powerful law, I would say I am not corrupt, but we have internalized what are the rules of mutual respect, of living together through certain processes and values \u200b\u200bthat imply for the peaceful coexistence require certain limitations or this will be the law of the jungle where everyone drives like you, this is a first idea.
The proposal does not just say no to corruption, to which we must say no bluntly, true, but again, is to assume the culture of legality, is to assume a culture of justice, is to assume the culture of respect for another human being and the capacity of an independent professional, called a lawyer, to serve society.

Although it exists in the collective unconscious negative image of the lawyer and even self-image How can the profession do to revalue and reverse these ideas?
are two issues, the perception of society's lawyer and self-perception that we have the lawyers in our profession, the perception of society today in Peru of lawyers is far from being the guarantor of legality, custodians of justice, the lawyer is seen as a nice word for profit is like squeezing the customer to get your loot, the lawyer is seen as the leguleyo you need to hit the other whether they have the right and a lot of examples, that is the image society has of us. SUPPORT, opinion and market all the years measured confidence in the professions and firefighters have 96% followed by a doctor, teacher, and then the lawyer, we are outpacing the penultimate one of the congressmen and judges, who are also mostly lawyers.
Then there is the perception that the profession is clearly the vueltero out, which seeks to gain, and self-perception of the lawyer, I do that I have been going to be a decade of teaching this course at the Catholic University of Lima, the perception that there is "Adapt to the system and take off your ventajita soon," because if you're not going to be out, and if corruption is rampant, you better learn as fast and as you become this weapon that the customer can pull the trigger at any time and your there which pitbull sales.
is a profession in which you can profit and profit well. Distinguish the image about us and the self-perception of economic success that gives the profession if you become the pitbull.

"What could we do and what is the period?
I do not know what others can do, do not think I could have a crystal ball or the ability, much less the power to say what they will say the other, I think we can only each one of us, including the decisions that each of us take and how we perceive, "who want to be" and we will make the profession we have assumed, that decision is individual, I think every one of the attorneys are responsible for it before us and to society.
My proposal has been in the academic world to start thinking about these issues and ask the question and the young plants the question "Who are you? And what will you do in your life through the law? Are you the corrupt who lives alone and not beyond? Do you think the profession is only a means to earn money from anything, even your soul? Want it for your family? And your family see you like or want something different.
It is through questions that we can find an answer, as we are now making, that is, there are people that we ask the question and think the answer may be different, that's what this is what will it take? It may be a lifetime, but at least for which we took the question seriously the life and change.

The workshop will present the proposal of the "Standards of Conduct," a work of several entities Is it possible to standardize the ethics of lawyer? Or is it a positivization of "ought."
respect to another human being, telling the truth, lying, seek, work, be loyal to your client, devote yourself to overcome challenges, trying to defend the law, fight for justice, is it alien to all Peruvians from all over the country? Or are these values \u200b\u200bthat we might call intrinsic to human nature that must be maintained according to the religious conception that everyone has, I profess a faith that I start from the premise that we are all made and designed in the image and likeness of Mr. and everything human being simply by virtue of being human beings have the ability to not only respect but love the other, the closeness to the truth and the gift to be reliable for the truth, the will to strive more and more, work and serve the other and if our customers owe us to him and be loyal and to fight for justice, those are values \u200b\u200bthat all we have, because what makes this draft "standards of conduct," we are not talking here about large theological principles, but simple moral rules of conduct say, for example: "THE ATTORNEY MUST EXAMINE CAREFULLY WITH SERIOUS ISSUES TO BE PROPOSED, before accepting" and says we have consensus with the entire group of people to hand students, professors, deans, lawyers, partners major law firms, and say these rules of behavior are possible, this is the fifth comprehensive reference we've had, this is a process we started several years ago and we are already very set, and in the case of Arequipa, on the one hand the Catholic University of Santa Maria and the other the National University of San Agustin, their deans, from the time they were asked said "that's how we teach and we teach updated, put in vogue the mission of how we train our lawyers in Arequipa "and with them are nine law schools are saying what are the new standards for professional practice, save the book of the secrets of the client, not having conflicts of interest, real customer care, ask the client's permission before doing something that suddenly the client does not want us to do for him or her, respect to the judge, they are rather basic issues in which we can clearly generate a consensus, in which the challenge we have is, this is who we are and how we exercise the right, so we think of as lawyers, they have a collar and entelechy Tie're practicing law, suddenly in teaching or journalism, or at least when we say we are lawyers and we imagine that this is rules of conduct are what we expect in each of us respects, as when one goes somewhere class, a religious celebration, a marriage, to a duel, has the finesse to turn off the phone and if you're in the movies and he goes off the phone to another, one hopes that the person does not answer because he going to be annoying, so is it good or bad? Is a social convention, turn off the phone when we are in an enclosed area or a particular activity, and if one says and if one is doing something else bothers us all. And if you want to create more values \u200b\u200bsuch as commitment to the development of Arequipa, and such commitment to a certain level of specific gender or disabilities. Each law firm, each student organization, each university will give them the nuances of the rules of conduct for lawyers and the effort that has gone so far and here there has been much input in particular of Eduardo Schmidt a Jesuit priest who teaches issues Ethics and business at Pacific University in fruitful discussions with him and previous versions of the code of ethics said "in my experience of thirty years, the ethics code does not work in Latin America or Peru, the rules of conduct in plasmémoslas concrete things and that's not just a change of title but as it is the moral and ethical standards to lower them to professional liability, and make the taxi driver did not run over people, it stops when you go down , respecting traffic signals and not pollute the environment, say they are the basic rules of responsibility of the driver or the freezer, these are basic rules of attorney.

Is it necessary to teach ethics to a law student and who is right?, Because it often tends to place a teacher in order to complete hours to fill and solve a syllabus.

says that ethics are learned at home, he also says that to teach in college, if I had a student training for their parents at home, then had 9, 11 or 13 years school depending on the system that has been, then had general studies, and this is not the right job might say, but all he learned before are human values \u200b\u200band when one takes the law Unlike deciding on becoming a doctor or engineer, there are values \u200b\u200binherent in professional practice, such as two brothers, contiguous land, a doctor can attend both if you are injured due to each one and no problem, an engineer can construct the house at two, if siblings are feuding lawyer can serve only one of them, even though the two are friends, why the doctor, the engineer, the architect and the lawyer can not? Because the law is the conflict of interest behind it is a value called customer loyalty where the lawyer when he assumes a client can not be with the other hand, the notion of justice also is a value, one would say inherent in every human being, a doctor, engineer, architect, educator may be fair to the attorney's loyalty has a different connotation, if anyone imagine my watch or the garment that I have and has my name because someone would have given me and now somebody comes and steals it aggressively me and you go to the corner and someone who is wearing and you say the clock is not the doctor and ask and say this was my watch devuélvanmelo , if we were in an auditorium all say, "you must return the watch because it is the doctor," but we lawyers are saying "if that party has acquired in good faith, acquires good for most who has not won ", if you purchased in good faith and made him the tradition of not registrable movable, that third party acquires in good faith and lawyers say legal certainty, good faith acquisition, which is a result unfair, but is above the principle that possession is the owner or something like a sentence that has become res judicata and has reached its last resort and we know the bottom line is that he was corrupt, or the test is performed however it was approved at all levels and no way of proving fraud res judicata, society and the actors say that's an unfair result and lawyers say legal certainty could example of those values, the value of friendship has different consequences than for a doctor and an architect, you can create a conflict of interest, the value of justice, the truth value of these securities to be realized in practice have different consequences, is the responsibility of a law school socialization that realization of the values \u200b\u200bin a specific profession, in this case in the legal profession, you is not taught at home, you is not taught in school, it is own law school where you studied and you have to show what those values, and for example if you are studying journalism or let's say two-run economy and right, journalism is going to be the way it is realized the truth the duty of information, communication has certain values \u200b\u200band counsel others, and one will have to decide on their training, their practice if you want to practice law there are certain values \u200b\u200bthat guide the actions, it is learned solely on the law school and learned to standards of conduct and learn through knowledge, cases, learning, but also skills to identify the dilemmas of this form of posed action is imperative to review the curricula of how we teach, I would not say that ethics, applied ethics, but it call "ethics and professional responsibility" or "ethics and professional responsibility" as we call it at the Pontifical Catholic University, Ethics and professional responsibility we have to review the contents, purpose and we must be aware that there is a course and not filling enough that dictates who is a decent and honorable person, we need to know the rules of conduct, we need to delve into how to teach students to identify the dilemmas that lie behind their actions.

tells us that people are at home, the first stage is basic to the concepts moral form, but without being fatalistic, current generations of lawyers who are past that stage of learning could consciously abide by the rules of conduct or simply going to be a way to pretend to be a person of integrity.

Are rules of conduct can be adapted to a graduate with a perception already defined?

What lies behind is a view of human beings, we have a fatalistic view, default, and we could even call it materialistic human being, then the answer will be no, because the tree can not be twisted right, someone who is old, and fruit set, which proved the easy way to profit at the expense of the customer, to profit at the expense of the system with a deterministic view of human beings, that person from that vision are going to change anything, with all transparency I would argue that delivery of a different premise, I assume that all human beings regardless of place of origin, color, race, socioeconomic status, gender, preferences, ideology, any person at all times of our lives have a divine gift which is not ours, which we have just born, which is called freedom, freedom of conscience, freedom of choice, freedom to decide on everything we do, from that perspective even the most corrupt of the corrupt can decide today to start making a difference, even the holy of holies can say today I will make a difference, everyone at all times have the ability to decide, the question is whether we are aware of it and if we exercise that ability to decide, if we care about who we are, if we care we believe, if we care we do in our daily life, if we see ourselves as something more than ourselves and if we are to capacity changes throughout, I assume that this capacity is daily, is valid and that anyone can make that decision, from that perspective I have only a horizon waiting.

We talked about you at first in opinion polls about trust, it is mainly the lawyers who finish these lists, it is common to hear it is the responsibility of the media daily dent this image

But we can blame it all world, let's blame the tabloid press that grabs with lawyers and has radio and I do not know, let's blame the police, the authorities who do nothing and the excessive bureaucracy, and because not we blame the customers who are requiring us to do anything and because we blame the Peruvian family that has collapsed and there is family violence and to taxi drivers who are abusive driving, let's take the blame to others, and we (attorneys and lawyers) were like victims because deep, but deep down we are good.

I think that's a check very cheap and very easy to go with that argument, anyone who thinks that what is self image? How much values \u200b\u200bhimself or herself? is conceived as a capable person, free to make a difference or just a NN that goes with the current daily drowning.

some proposals Reading What is the border between access to information in the case of privilege and culture secrecy, will always be a limit, for example if I know my client is doing wrong, but I have this duty is the "trade secret", what should I do, what criteria should I take to continue: to sever the relationship with the customer or just considering me for not know?

These rules of conduct show that something is what I hope at least one lawyer does or does not do and in each of these rules or with the examples given earlier about the concept of justice with respect to the concept of truth may be different from the layman in law, but the lawyer is going to present dilemmas, he will present dilemma facing the customer as opposed at the same type of work, he will present dilemma over the very essence of the lawyer and his family, he will present dilemmas facing the authority, he will present dilemmas facing the social responsibility of the lawyer not only a but hundreds, like I have to answer the phone because it is my home and my daughter was ill, then I do in the meeting answer? I have dilemmas as I anticipate, as appropriate, for example me a message, as I anticipate for you as I train, I can go to measures taken and we assume that we are not perfect, but we are perfect beings and as a result I'll make errors, which I do when I made a mistake, I correct, I keep it below the rock, I hide it, I assume my responsibility to try to mitigate, in reality there is a proposal here that we are not angels and wings and we are all perfect, but what are the basic rules of behavior for a boy named lawyer and that is what expected assuming that we will have a difficult dilemma situations and even ended wandering, but as I face, with its head held high, proud, happy to work as a lawyer in dealing with those dilemmas and there are more delicate, like when you find out the client will commit a wrongful act, it is your responsibility when you have two clients who had nothing in common and are now fighting over you can do the deal or not? The dilemma is clarified by a rule that says you have to let the two clients, you can not accommodate the more you pay and when you find something that the client knows exactly who will commit a grave act that damages the physical integrity of a person, in that case and only then that you are aware of the eminence of the consequence of the will, you can share this information but not by the media, but to the authority or person entitled to know to prevent such serious injury to a person who would otherwise be dead or may be seriously injured, is a matter of balancing like everything in life.

How

implement the Pro Bono Project?

Probono

The project we are leading as Citizens Al Día (CAD) is a technology platform which already involved the twenty major studies of Lima, twenty NGOs and governmental entities through which lawyers can channel part of our social responsibility, which is cross access to justice for poor people or vulnerable, then all these axes will be able to refer certain cases to lawyers devoting hours of free as they are earmarked for pro customers profit they are going to provide customers of this system Probono, this is ongoing, we to be throwing and May should be fully installed and lawyers still hopefully of Arequipa to join this initiative and other organizations can join to channel this aspect is one of the many rules of conduct of professional responsibility law.

Dr. Boza Any final message for law students at the Catholic University of Santa Maria.

I think every student should study this race thinking because why did you decide to study law? What do you imagine? Keep a journal

professional to write it Why? What motivates you? And then put another page Who are you? Make an essay about who you are, single, unique and unrepeatable in the world

Thirdly what do you think?, And finally what you do in your life through the law?, Because the right should be a means for your personal fulfillment, ie, so you can be happy doing the happy people you care about these questions plantéense who read the interview, because that is what the profession will be for you.