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The plenary session of the Constitutional Court, with four votes in favor and two against, announced the claim for the creation of the National Register of Identity and Civil Status (Reniec). allow parents to change the order of their youngest daughter’s surnames eight years. Therefore, Reniec must issue a new birth certificate immediately and adapt any other identity document with the new surname order.
The verdict states that the violation of the right to equality and non-discrimination on the basis of gender of the plaintiff has been proven. Hence The parents will be empowered so that the mother’s surname may precede the father’s surname..
On the other side, constitutional Court urged the Congress of the Republic to change Article 20 of the Civil Code in accordance with the interpretation of the jurisprudence challenged in the decision. Thus, Parliament is invited to explicitly state that “the order of priority of children’s surnames is determined by parents by mutual agreement”.
In addition, the Tax Code asks the Legislature to determine a mechanism for resolving if parents are dissatisfied with the order of their children’s surnames. This is “in line with the imperative to protect the right to equality and non-discrimination on the basis of sex”.
What does Article 20 of the Civil Code say?
Article 20 of the Civil Code of Peru explicitly states that: “The child has the first surname of the father and the first surname of the mother”. However, nowhere in the chapter “Persons” (which includes details about the right to a name) does the order of surnames that children should bear be given.
Article 10 of the Preliminary Section of the Civil Code, which eliminates gaps in legislation, states that “the Supreme Court, the Court of Constitutional Guarantees and the Prosecutor’s Office They are required to inform Congress of gaps or defects in the legislation.”.
Thus, it is now up to Congress to make appropriate changes to the verdict handed down by the Constitutional Court.
Source: RPP
I am Emma White and I currently work for Buna Times. My specialty is the politics section of the website, where I aim to provide readers with informative and engaging content on current events. In addition to my professional experience in journalism, I hold a Bachelor’s degree in English Literature from Princeton University.