Abstract

GARRO, Anamari. The influence of the Human Rights European Court in the exercise of the consultative function of the Human Rights Inter American Court. Cuest. Const. [online]. 2009, n.20, pp.191-227. ISSN 1405-9193.

After giving a conceptual framework, the consultive opinions are analyzed chronologically for determining the existence, the level and the subjects of the influence of the HREC. Since the first phase of the HRIC, the European system was the reference point, but of 19 consultive opinions, only eight call on sentences of the HREC. Those refer to different subjects; no-discrimination principle, expression liberty, hermeneutic criteria, children rights and connected topics, the subsidiary nature of the international systems of protection of human rights, the efficiency of the HREC in the inter individual relationships, etcetera. Certainly the number of invoked sentences raised in the last opinions, but the coming up to the European jurisprudence has depended more in the subject in with it was dictated, the integration of the organ or the intervention of the amici curiae. By incorporating via consultive opinions authority of the HRIC, the HREC jurisprudence evolves into an emphasized source of material that formally forms the American judicial orders. We are in presence of a judicial globalization phenomenon.

Keywords : Interamerican Court of Human Rights; Consultive Function; Influence of the European Court of Human Rights.

        · abstract in Spanish     · text in Spanish     · Spanish ( pdf )