CEU Electronic Theses and Dissertations, 2019
| Author | Alvarez Ayala, Rosendo Jesús |
|---|---|
| Title | Regional and Domestic Courts' (Over)Interpretation of Human Rights Treaties: Shaping the Rights or Creating New Ones? |
| Summary | Since the Universal Declaration of Human Rights, practically all legal systems worldwide have shifted from paradigms, moving from different types of positivism, or other philosophical frameworks, towards a humanistic approach. Traditionally core rights and liberties, such as the right to life, freedom of speech, freedom from slavery, just to mention a few, are now looked from a Human Rights approach. The guidelines to understand these rights are now found in the international treaties and conventions on Human Rights, in both global and regional levels. The signing States parties of such conventions and treaties have undertaken the commitment to adopt and implement the principles crystalized in these binding instruments. This commitment includes legislative, administrative, and judiciary efforts to achieve the outlined system of rights. Ideally, the Legislature branch would reform the Constitution and enact laws; the Executive branch would implement public policies accordingly; and the Judiciary would interpret the other two powers’ acts in the light of the treaties and conventions conforming the Human Rights system. This research will study the Inter-American context, at both regional as well as a domestic levels, taking as examples of the latter Mexico and Colombia. The object of this thesis is to analyze the role of the Courts, as they shape the rights covered by the InterAmerican Convention on Human Rights. The aim is to pinpoint the cases where the aforementioned Courts’ interpretations have gone beyond the text of the international instruments on Human Rights, and have ended up creating rights not covered (at least by the letter) in the signed treaties nor in the addendums. In some cases, even getting to the extent of locating these “newly found” rights at Human Rights level of protection. This research pays especial attention to the Pro Hominem principle, and the right to free development of the personality, as the main arguments used by the studied Courts. |
| Supervisor | Ruiz-Chiriboga, Oswaldo |
| Department | Legal Studies LLM |
| Full text | https://www.etd.ceu.edu/2019/alvarez_rosendo.pdf |
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