El Rol del Tribunal Constitucional Peruano y la Eficacia de los Derechos Sociales

The Peruvian Constitution includes many socio-economic rights like health care, housing and social security; but difficulties emerge in the practical application of social rights by the Peruvian Constitutional Court. The main purpose of this paper is to answer some of the main questions arisen by the social fundamental rights critiques as (i) who are the beneficiaries of the social fundamental rights protections?, (ii) should the Constitutional Peruvian Court be the guardianship of those rights, and if this true, to what extent?; and finally (ii) do the social fundamental rights has a transformative effect?