The Impact of the Jurisprudence Inter-American Court of Human Rights on the Chilean Constitutional System

José Ignacio Martínez Estay

doi:10.1007/978-94-007-4510-0_4

The Impact of the Jurisprudence Inter-American Court of Human Rights on the Chilean Constitutional System

José Ignacio Martínez Estay^*

^*Corresponding author for this work

Research output: Chapter in Book/Report/Conference proceeding › Chapter › peer-review

Abstract

Chilean Constitution adheres to the idea that human rights emanate from a human person. Article 5, paragraph 2 of the Constitution says that the State shall not only respect and guarantee the rights established therein but also those contemplated in “the international treaties ratified by Chile and that are in force”. This Chapter will analyze the Inter-American human rights system, the relationship between Constitution and rights in Chile as well as the position of the treaties on human rights vis-à-vis the Constitution and the Chilean national law. Finally, the four cases in which Chile has been condemned for infringement of the San José Pact will be briefly revised, in particular, as to how this has affected the national juridical system.

Original language	English
Title of host publication	Ius Gentium
Publisher	Springer Science and Business Media B.V.
Pages	63-79
Number of pages	17
DOIs	https://doi.org/10.1007/978-94-007-4510-0_4
State	Published - 2013
Externally published	Yes

Publication series

Name	Ius Gentium
Volume	16
ISSN (Electronic)	2214-9902

Bibliographical note

Publisher Copyright:
© 2013, Springer Science+Business Media Dordrecht.

Keywords

Constitutional Amendment
International Treaty
Judicial Review
National Court
Vienna Convention

Access to Document

10.1007/978-94-007-4510-0_4

Cite this

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KW - Vienna Convention

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ER -

The Impact of the Jurisprudence Inter-American Court of Human Rights on the Chilean Constitutional System

Abstract

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Bibliographical note

Keywords

Access to Document

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