Dip TP 1
Temas abordados
Dip TP 1
Temas abordados
International treaties such as the American Declaration of the Rights and Duties of Man and the Universal Declaration of Human Rights enshrine procedural guarantees protecting the accused from arbitrary state actions. These guarantees include the right to be informed of charges, the right to a prompt trial by an impartial tribunal, protection against arbitrary detention, and access to effective remedies against rights violations .
International human rights treaties, like the American Convention on Human Rights and the Universal Declaration of Human Rights, provide mechanisms such as the guarantee of natural judges, procedural fairness, right to legal counsel, and prohibition of special tribunals, to prevent misuse of judicial power in Argentina. These provisions deter arbitrary judgments, ensuring that trials and convictions are based on established, impartial criteria and pre-existing legal frameworks .
If a state like Argentina fails to incorporate international treaty obligations into its domestic framework, it risks human rights violations such as arbitrary detention, unfair trials, and lack of access to justice. This non-incorporation could undermine international credibility, lead to conflicts between domestic and international law, and prevent citizens from utilizing international legal remedies effectively. It also precludes the state from benefiting from enhanced human rights standards and judicial practices fostered through global treaties .
National legislation provides a framework tailored to Argentina's cultural and social context for safeguarding human rights, while international treaties offer universal standards and obligations that enhance these protections. International treaties complement national laws by reinforcing rights through global consensus and providing additional mechanisms for redress through international bodies, thereby strengthening the overall legal protection framework in Argentina .
The principles from the Universal Declaration of Human Rights impact legal protections in Argentina by ensuring that accused persons have the right to a fair trial, equality before the law, and public hearings by an independent tribunal. These principles supplement domestic legal frameworks, ensuring comprehensive protections against miscarriages of justice and reinforcing the presumption of innocence until proven guilty .
International treaties with constitutional hierarchy in Argentina create a binding obligation for the state to uphold the principles enshrined in those treaties, thus directly influencing the protection and realization of human rights within the country. These instruments reinforce the guarantees of personal rights and expand the legal remedies available to individuals if those rights are breached .
Article 18 of the Argentine Constitution, which emphasizes the rights to a fair trial and protection against arbitrary detention, is compatible with international human rights treaties such as the American Declaration of the Rights and Duties of Man and the Universal Declaration of Human Rights. These treaties uphold similar principles, emphasizing the right to be judged by pre-established judges, protection against self-incrimination, and the right to defense in a legal proceeding .
The American Convention on Human Rights plays a pivotal role in shaping Argentina's judicial practices by requiring prompt judicial reviews of detention scenarios, obligating the state to inform detainees of charges and ensure they are tried within a reasonable time or released. It also mandates that detainees have access to legal counsel, thus affecting how the judiciary handles detainee rights and enforces legal standards .
The 1994 constitutional amendment in Argentina was significant because it granted constitutional hierarchy to various international human rights treaties, enhancing the protection and integration of international human rights standards into domestic law. Key documents that gained constitutional hierarchy include the American Declaration of the Rights and Duties of Man, the Universal Declaration of Human Rights, and the American Convention on Human Rights (Pact of San José de Costa Rica), among others .
International treaties adopted by Argentina, such as the American Declaration of the Rights and Duties of Man and the American Convention on Human Rights, address arbitrary detention by explicitly prohibiting it and requiring that any detention be based on pre-existing laws and subjected to judicial review. This is significant for upholding human rights, as it ensures that individuals are not deprived of liberty without due process and have the opportunity to seek judicial redress .