Género en el Derecho Constitucional Transnacional: Casos ante la Corte Interamericana de Derechos HumanosEn conmemoración de los 100 años del Día Internacional de los Derechos Humanos de las Mujeres

  1. Palacios Valencia, Yennesit
Journal:
Revista Facultad de Derecho y Ciencias Políticas

ISSN: 0120-3886

Year of publication: 2011

Issue: 114

Pages: 131-165

Type: Article

More publications in: Revista Facultad de Derecho y Ciencias Políticas

Abstract

International law is closely linked to the processes taking place in the internal constitutions of the States, since the international body of law in construction, as it regards the protection of human rights, must be integrated into the legal systems of the States. This way, inter alia, the Convention of Belém do Pará is of mandatory compliance for the States parties, as the duty to respect and guarantee issued by that instrument is imperative for achieving the unmet social needs, especially when talking about gender, both about its procedural and its substantial aspect. As for its procedural aspect, the Inter American Commission of Human Rights plays an important role, for even today, it is in charge of resorting in order to activate the jurisdiction of the Inter-American Court, so as to bring the lawsuit that may be controversial in the different instruments of the system. Regarding the implementation of the Convention of Belém do Pará, that role becomes even more prominent, because in any case, petitions containing denunciations or complaints of violations will solely and exclusively be in respect of Article 7 of this Convention, which clearly limits the jurisdiction of the Court for what is embodied in it.