The obligation to adopt legislative measures in the framework of the process of formation of the law and the control of conventionality
DOI:
https://doi.org/10.20318/universitas.2023.7415Abstract
This work analyzes the duty of the State party to the American Convention on Human Rights to adopt legislative or other measures to comply with the obligations of respect and guarantee of the rights and freedoms recognized in it and the role played by the control of conventionality to ensure your enjoyment and enjoyment. Emphasizes the importance of the Legislative Power in the promotion, respect and guarantee of human rights and the need to adopt, in the process of forming laws, the pertinent measures, including the control of conventionality, to avoid the violation of human rights and the consequent international responsibility of the State for the presence of legal norms contrary to the American Convention in its domestic law. Likewise, it refers to the exercise of conventionality control by the Chilean Constitutional Convention.
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