Derechos humanos electorales: el caso Yatama contra el Estado de Nicaragua, análisis desde la perspectiva del sistema electoral costarricense
In its first part this article discusses the background and process that the Inter-American Court of Human Rights stated, from the standpoint of the Electoral Law, in the decision ruled in the case of the indigenous political party Yatama vs. the State of Nicaragua when its participation in the 2000...
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| Format: | Article |
| Language: | Spanish |
| Published: |
Tribunal Supremo de Elecciones de Costa Rica
2009
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| Online Access: | http://dialnet.unirioja.es/servlet/oaiart?codigo=3655001 |
| Source: | Revista de Derecho Electoral, ISSN 1659-2069, Nº. 7, 2009, pag. 3 |
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| Summary: |
In its first part this article discusses the background and process that the
Inter-American Court of Human Rights stated, from the standpoint of the Electoral
Law, in the decision ruled in the case of the indigenous political party Yatama vs. the
State of Nicaragua when its participation in the 2000 municipal elections was not
permitted. The second part of the article carries out an examination of the Costa
Rican legislation at the light of the violations identified by the Court, so to establish
whether such a ruling could have taken place or not within the institutional and legal
Costa Rican context. Finally, an analysis of the peculiarities that distinguish the
Nicaraguan and the Costa Rican electoral system is carried out, specifically regarding
their electoral courts, in order to conclude why a conflict of this type could have been
resolved internally in Costa Rica, avoinding in principle a resolution like the one issued
in the YATAMA case. |
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