Abstract

OVALLE FAVELA, José. Human rights and constitutionals guarantees. Bol. Mex. Der. Comp. [online]. 2016, vol.49, n.146, pp.149-177. ISSN 2448-4873.

This article analyzes the 2011 amendment of article 1o. of the Political Constitution, in which a distinction is made between human rights and the guarantees for their protection; it states that human rights have a double source, the Constitution and the international treaties to which the Mexican Estate is a party; and establishes as principles to interpret human rights laws the following: the pro persona, universality, interdependence, indivisibility and progressivity principles. Before this, the author examines the human rights and guarantees in the Mexican Constitutions of the nineteenth and twentieth centuries. The article concludes with the study of the fundamental changes that the 2011 amendment has produced in the jurisprudence regarding constitutional control over general rules of law, and in the adoption of the conventional control of laws and acts in the Mexican Courts.

Keywords : Human rights; constitutional guarantees; international treaties; interpretation of human rights laws; constitutional control; conventional control.

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