Régimen constitucional de los tratados de derechos humanos en el derecho comparado latinoamericano
This article analyzes the current constitutional issues on the primacy of human rights treaties over domestic law in Latin American States. A series of clauses on (supra-constitutional, constitutional, supralegal or legal) character granted by constitutions to treaties, against its own legislation a...
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| Format: | Article |
| Language: | Spanish |
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2015
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| Online Access: | https://dialnet.unirioja.es/servlet/oaiart?codigo=5331205 |
| Source: | Revista Prolegómenos. Derechos y Valores de la Facultad de Derecho, ISSN 0121-182X, Vol. 18, Nº. 35, 2015, pags. 135-151 |
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| Summary: |
This article analyzes the current constitutional issues on the primacy of human rights treaties over domestic law in Latin American States. A series of clauses on (supra-constitutional, constitutional, supralegal or legal) character granted by constitutions to treaties, against its own legislation and when incorporated into domestic law, is comparatively analyzed. Finally, it is intended that human rights treaties are considered a conceptual and operational tool for all those who are engaged in this process within the state public service. And, in this context, that the lack or ambiguity of constitutional clauses, which can cause conflicts in the implementation of a treaty in domestic law, can be overcome. |
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