Las quejas intestatales ante órganos judiciales o cuasi-judiciales de garantía de los derechos humanos: ¿Un mecanismo útil en situaciones de crisis?
As an expression of the erga omnes nature of the legal obligations regarding the protection of human rights, many human rights treaties that establish bodies of experts allow the States Parties to make a complaint before those bodies against other Parties that don�t comply with the conventional obli...
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| Format: | Article |
| Language: | Spanish |
| Published: |
Asociación Española de Profesores de Derecho Internacional y Relaciones Internacionales
2011
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| Subjects: | |
| Online Access: | http://dialnet.unirioja.es/servlet/oaiart?codigo=3828279 |
| Source: | Revista electrónica de estudios internacionales, ISSN 1697-5197, Nº. 22, 2011 |
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| Summary: |
As an expression of the erga omnes nature of the legal obligations regarding the protection of
human rights, many human rights treaties that establish bodies of experts allow the States Parties to
make a complaint before those bodies against other Parties that don�t comply with the conventional
obligations therein. Such interstate complaints are a hybrid mechanism aiming at supervising the
application of the treaty, to solve controversies among States Parties and/or to prevent those
controversies. In practice, however, interstate complaints are very rarely filed, mainly due to their high
political component that makes them be considered an unfriendly act. Despite such infrequent use, it is
somehow surprising that most of the complaints filed up to date have regarded exceptional situations that
qualify as �crisis�, what seems to highlight that this mechanism could be particularly useful to address
violations of human rights committed in times of exceptionality. |
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