Los “derechos consulares” de los extranjeros detenidos: ¿Nuevas cartas en la baraja de los derechos fundamentales?
Article 36.1.b) of the Vienna Convention on Consular Relations of 1963 defines the “consular rights” we will reflect upon in this essay. They have not merited special attention for decades, although their adoption was achieved in extremis during the 1963 international conference. They are a clear ex...
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| Format: | Article |
| Language: | Spanish |
| Published: |
2017
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| Online Access: | https://dialnet.unirioja.es/servlet/oaiart?codigo=6062575 |
| Source: | Revista electrónica de estudios internacionales (REEI), ISSN 1697-5197, Nº. 33, 2017 |
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| Summary: |
Article 36.1.b) of the Vienna Convention on Consular Relations of 1963 defines the “consular
rights” we will reflect upon in this essay. They have not merited special attention for decades, although
their adoption was achieved in extremis during the 1963 international conference. They are a clear
example of progressive development of the Law of Consular Relations, both then and nowadays as they
have been developed through recent international jurisprudence (at different courts: Inter-American
Court of Human Rights, International Court of Justice and European Court of Human Rights). These
tribunals have established relevant connections between these consular rights and the guarantees in case
of detention and the right to a fair trial. Along with the jurisprudence, the European Union has ruled on
those rights in several instruments, and Spain more or less accordingly, strengthening the connection with
the idea of fundamental rights. The essay analyses national rules for non-criminal detention cases, too,
before concluding on the present nature and effect of the consular rights. |
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