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P
e r u 6. MANDATORY LICENSING AND UNIVERSITY
DEGREE REQUIREMENTS With respect to mandatory membership in the Colegio for the
practice of journalism, Article 2, Section 4, of the Constitution
of 1993 prevails in the regulation of the freedom to express and
disseminate thought. The requirement of a professional degree is only established
in Law No. 23,221 entitled ?Law of the College of Journalists of
Peru? for the professional journalists who wish to join said College. The unconstitutionality of mandatory licensing of journalists,
ratified by the Supreme Court of Justice of Cost Rica based on the
American Convention on Human Rights, is valid in Peru, as established
in Article 55 of the Constitution as it incorporates all the international
treaties entered into by the State. Congress decided to clarify the uncertainty regarding the mandatory
affiliation to such journalistic association by passing Law 26937
of 1998. Art. 1 of this law states that ?Section 4 of Art. 2 of
the Constitution guarantees the full exercise of freedom of thought
under the constitutional guidelines.? Art. 2 sets forth that: ?the right established in the prior
provision can be exercised freely by any person.? Art. 3 establishes
that: ?association in order to exercise journalism is not obligatory.?
Art 4. states that mandatory affiliation to a journalistic association
is strictly for purposes of obtaining benefits relative to the trade
association inherent to the profession.?
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