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- Title
La (in)debida fundamentación de la queja ante el Comité de Derechos Humanos. Una mirada desde los Estados latinoamericanos.
- Authors
González-Serrano, Andrés; Castro-Londoño, Katherine
- Abstract
The article's general objective is to describe the admissibility decisions of the United Nations Human Rights Committee that it has issued in relation to the Latin American States that have conferred jurisdiction to it. The result is achieved through the development of qualitative, basic and legal research, which uses the deductive and inductive analytical method, and focuses its analysis on the international practice of the Com- mittees, obtaining that the admissibility itself has focused on the analysis of the lack of exhaustion of domestic remedies, in the abuse of the right of submission, the same matter under other international procedures and the insufficiently substantiated for purposes of admissibility. Decisions that denote a certain homogeneity in the reason for their decision and that do not jeopardize International Law in its adjective aspect, that is, a normati- ve and sectoral pluralism is evident, but a transversal, coherent and shared practice in general aspects, not con- tradictory or incompatible and that promotes absolute autonomy or risk of fragmentation of International Law.
- Subjects
UNITED Nations; LEGAL procedure; INTERNATIONAL law; LEGAL research; HUMAN rights; HOMOGENEITY; PLURALISM
- Publication
Saber, Ciencia y Libertas, 2021, Vol 16, Issue 1, p31
- ISSN
1794-7154
- Publication type
Article
- DOI
10.18041/2382-3240/saber.2021v16n1.7515