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Justicia

versão impressa ISSN 0124-7441

Resumo

OSORIO SANCHEZ, Eduardo Gabriel  e  HERNANDEZ GRANADOS, Liany Yetzira. Interamerican commission and the states denouncing the american convention and the OAS charter. Justicia [online]. 2020, vol.25, n.37, pp.185-200. ISSN 0124-7441.  https://doi.org/10.17081/just.25.37.4344.

Objective:

To establish the powers that the Inter-American Commission on Human Rights would have vis-à-vis a State that has denounced the American Convention and the OAS Charter once this denunciation comes into force.

Method:

A methodology with a qualitative approach was used, with the hermeneutic method developed, which included the analysis of primary information made up of the regulations that make up the Inter-American Human Righ+ts System and the jurisprudence issued by the Inter-American Court, as well as reports from the Inter-American Commission on Human Rights. Likewise, secondary information was analyzed, consisting of books, book chapters, academic journal articles, among others, which were considered decisive in the research.

Results:

The Inter-American Commission on Human Rights would continue to have competencies to guarantee human rights with respect to a State that denounces the American Convention and the OAS Charter, which is important for the construction of a space for democracy in the Americas.

Conclusions:

Although the departure of an American State from the OAS would be a failure in the construction of democracy at the regional level, it does not automatically imply that this State is left out of human rights obligations in the regional system, nor the loss of competence of the Inter-American Commission in the protection and guarantee of these rights

Palavras-chave : american convention on human rights; competition; human rights; inter-american commission on human rights; organization of american states..

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