The Interpretation of Human Rights according to International Treaties: Notes for their Jurisdictional Application in Mexico
Journal Title: The Age of Human Rights Journal - Year 2016, Vol 6, Issue 6
Abstract
The reform of article 1 of the Political Constitution of the Mexican United States in June 2011, has incorporated into the constitutional text the clause of interpretation according to international treaties on human rights as the hermeneutic criteria which domestic judges must adopt in their verdicts. This clause reflects an evolutionary tendency which the Constitutional States are adopting, generating a new understanding of the state function as a whole, especially of the judiciary function. Despite this aperture, which enables the application of this type of hermeneutic techniques, it is possible to see how in some jurisprudential criteria a restraining posture is adopted towards international regulatory contents in human rights, leaving aside the possibility of an interpretative process of harmonization
Authors and Affiliations
Geofredo Angulo López
The Emerging Human Rights Revolution: The Beginning of the Fifth Historical Process in the Consolidation of Human Rights
Emerging human rights are destined to modify, improve and transform a number of already traditional concepts so as to achieve greater guarantees and protection for the rights of individuals and collectivities. One of the...
Legal analysis of article 7 of the convention on the rights of persons with disabilities: children with disabilities
The aim of this article is to carry out an in-depth analysis of Article 7, “Children with disabilities”, of the Convention on the Rights of Persons with Disabilities. First of all it is explained how the Article 7 is the...
The Position of Children´s Freedom of Thought and Religion in the Rulings of the European Court of Human Rights on the Case Lautsi V. Italy
In the case Lautsi v. Italy, the European Court of Human Rights ruled twice on the validity of the presence of crucifixes in public school classrooms of a country where the principle of secularism rules. In the first jud...
Human Rights and Vulnerability. Examples of Sexism and Ageism
A human rights based approach applied to the idea of ‘vulnerable group’ connects vulnerability and structural discrimination. The Convention on the Rights of Persons with Disability provides some elements that allow to s...
The Right to Internal Self-Determination in Peacebuilding Processes: A Reinterpretation of the Concept of Local Ownership from a Legal Perspective
I. INTRODUCTION; II. A RIGHT NEEDS TO BE EXPLORED: INTERNAL SELF-DETERMINATION; II.1. The Legal Foundations of Internal Self-Determination; II.2. The Right to Internal SelfDetermination: Definition, Scope and Methods;...