Array Los derechos culturales como libertades y su problemática en el Perú

Abstract

This article is based on the thesis that I supported in February 2020 to earn the master’s degree
in Human Rights from the Pontificia Universidad Católica del Perú, where I argue that cultural
human rights, recognized in the first paragraph of article 27 of the Declaration Universal
Human Rights, are freedoms according to the concept established by the German jurist Robert
Alexy. Likewise, the Peruvian legislation of infra-constitutional rank identifies greater attention
by the State to its obligations to protect cultural heritage to the detriment of its obligations to
guarantee the full exercise of cultural rights in their nature of freedom, which include abstaining
to intervene in the exercise of cultural practices and in the access to cultural property and, at the
same time, to carry out actions to ensure that conditions exist for both practices. The relevance
of this thesis is identified in the possibility of generating awareness in officials and servants of
the Peruvian culture sector about the nature of freedom of cultural rights for the most suitable
provision of their services.