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Cuestiones constitucionales

Print version ISSN 1405-9193

Abstract

SALGADO LEDESMA, Eréndira. The likely nonperformance of judgments of the Inter-American Court of Human Rights. Cuest. Const. [online]. 2012, n.26, pp.221-260. ISSN 1405-9193.

In the international arena have evolved the obligations agreed to at the various instruments in the field of human rights and the performance parameters and protection of the bodies to ensure its effectiveness. And while the signing of a treaty and the submission to the jurisdiction of the Inter-American Court are decisions that a State adopts the equation form within the exercise of sovereignty; once marked that and accepted this, the court is entitled to compare if it meet the obligations. In case negative dictates a judgment restorative, final and unassailable. Occasionally the rules and criteria that govern its contentious activity are questioned; it argues uncertainty in their competence and overstepping its powers, despite his judgments are compliant.

Keywords : international jurisdiction; subsidiary law; hierarchy of the treaties; control of conventionality; effective protection of rights.

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