Denunciation of international human rights conventions and its consequences according to advisory opinion no. 26/20 of the Inter-American Court of Human Rights
This article aims to study Advisory Opinion 26, issued by the Inter-American Court of Human Rights in November 2020. Through the analysis of the Court's pronouncement, the procedure for denouncing human rights treaties was addressed, notably on the interpretation of the denunciation clauses of...
| Autores: | , |
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| Tipo de documento: | artigo |
| Estado: | Versão publicada |
| Data de publicação: | 2024 |
| País: | Brasil |
| Recursos: | Universidade Federal de Minas Gerais (UFMG) |
| Repositório: | Revista do CAAP (Online) |
| Idioma: | português |
| OAI Identifier: | oai:periodicos.ufmg.br:article/52184 |
| Acesso em linha: | https://periodicos.ufmg.br/index.php/caap/article/view/52184 |
| Access Level: | Acceso aberto |
| Palavra-chave: | Corte Interamericana de Direitos Humanos Opinião Consultiva 26 Denúncia Tratados Inter-American Court of Human Rights Advisory Opinion 26 Denunciation Treaties |
| Resumo: | This article aims to study Advisory Opinion 26, issued by the Inter-American Court of Human Rights in November 2020. Through the analysis of the Court's pronouncement, the procedure for denouncing human rights treaties was addressed, notably on the interpretation of the denunciation clauses of the American Convention on Human Rights and the OAS Charter, as well as the consequences of the denunciation for the denouncing state, for its jurisdicted and for the other member States. To this end, an explanation is given of the main clarifications of the Inter-American Court regarding the denunciation procedure. After this explanation, the main conceptual advances present in OC-26/20 and what they represent for the regional protection of human rights are detected. Subsequently, the challenges that remained due to the failure to develop certain aspects by the Court are highlighted, given the criticisms made by the dissenting votes in the advisory opinion under study. Finally, it concludes by the relevance of OC-26/20 for the technical advance in the process of denouncing treaties and for guaranteeing the protection of human rights of those jurisdicted under of a denouncing State, despite the existence of conceptual gaps that must be filled in the future by the Inter-American Court, given the possibility of giving rise to problematic interpretations, motivated by political interests. |
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