Influencia del soft law internacional en el reconocimiento de los derechos fundamentales a las víctimas de violaciones de los derechos humanos
The production of international treaties on human rights signed by different States or generated within the framework of International Organizations such as the UN or the OAS have taken a lot of strength for the protection of such essential rights, to the point of being considered as norms of ius co...
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| Format: | Article |
| Language: | Spanish |
| Published: |
2022
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| Online Access: | https://dialnet.unirioja.es/servlet/oaiart?codigo=9039015 |
| Source: | Academia & Derecho, ISSN 2539-4983, null 14, Nº. 25, 2022 |
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| Summary: |
The production of international treaties on human rights signed by different States or generated within the framework of International Organizations such as the UN or the OAS have taken a lot of strength for the protection of such essential rights, to the point of being considered as norms of ius cogensinternational.
However, International Organizations have the power granted by the constitutive treaties themselves to issue certain types of international instruments within the so-called secondary law, which do not have binding force for the States Parties, such as the reports of special rapporteurships, resolutions, minutes, among others, within which it is intended to publicize current situations that should be of special attention to the international community and that on many occasions involve the protection of human rights, in such a way that it is subsequently protocolized through a norm of hard law as an international treaty.
These instruments, known as norms of international soft law, have been taken into account by national and international judges as a basis for establishing the obligations of the States with respect to the guarantee of human rights, which at first sight would imply the application of the international doctrine as indicated by article 38 of the Statute of the International Court of Justice; however, it is interesting to observe the way in which judicial operators have indicated that this type of instrument must be compulsorily applied by the States due to the relevance of its content, thus giving them a kind of binding nature. |
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