Fundamental rights as reasons and limits to the constitutional reform in Peru

With the aggravation of the political and social crisis, there is a scenario in which total constitutional reform has found an echo. Peru is the country with the highest number of deaths per million people due to Covid-19. When the pandemic began, the State could not guarantee general access to quality health services: 3000 hospital beds and 100 ICU for more than 32 million people.

The Constitutions establish organizational structures to guarantee, as the ultimate goal, people’s rights; thus, in our current context, there is a general idea that such an objective has not been fulfilled. However, constitutional reform is not an unlimited power. The democratic exercise of constituent power must be conducted through an orderly procedure, and it also has certain material limits, such as equal human dignity and fundamental rights. Therefore, in the current debate, fundamental rights are reasons for change, but also to establish better guarantees of development and limits to avoid setbacks.