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.
|Title of host publication||Ius Gentium|
|Publisher||Springer Science and Business Media B.V.|
|Number of pages||17|
|State||Published - 2013|
Bibliographical notePublisher Copyright:
© 2013, Springer Science+Business Media Dordrecht.
- Constitutional Amendment
- International Treaty
- Judicial Review
- National Court
- Vienna Convention