Innominate Rights in the Inter-American System
Universidad Cooperativa de Colombia
Introduction: Th central theme of this research article is the implementation of conventionality control exercised by the Inter-American Court of Human Rights and its reception by judges, judicial offials, and public authorities. Other core topics include the implementation of guarantees of innominate rights, and the creation of judicial activism through the right to education as a local jurisdictional matter within the American member countries, as well as how these member countries have lashed out in serious collective violation.
Methodology: In order to analyze these issues, it is necessary to place them in the context of Mexican and Colombian law to demonstrate the necessary role of these legalsystems in the determination of the issues’ origin and causes, which include: 1) the transition from a block of constitutionality to a block of conventionality; 2) the internationalization of human rights; 3) the conventionalization of law; 4) transjudicial communication on precedent; and 5) innominate rights.
Results: All of the above is a result of the open-textured norms of the American Declaration and American Convention on Human Rights, as well as a strong commitment to international human rights law.
Conclusions: A hermeneutical interpretation of inter partes cases and their effcts on sentencing for the American countries is needed.
