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- Title
REFLEXIONES SOBRE LA CONVENCIONALIDAD DE LA REELECCIÓN PRESIDENCIAL INDEFINIDA.
- Authors
Montoya Zamora, Raul
- Abstract
The purpose of this paper is to analyze the conformity of the indefinite presidential re-election with the American Convention on Human Rights, taking as a fundamental reference, the arguments expressed by the Inter-American Court of Human Rights (IDH Court), in advisory opinion OC-28/21, issued in response to a proposal made by Colombia, in the sense of whether indefinite presidential re-election constitutes a human right and its compatibility with the inter-American system for the protection of human rights. In order to achieve the stated objective, with the support of the dogmatic legal, exegetical and case study methods, first of all a theoretical section on the presidential system of government and on reelection will be outlined, emphasizing the principle of non-reelection; Subsequently, the background and the specific approach made by the Colombian State in advisory opinion OC-28/21 (I/A Court HR, 2021) will be specified, to subsequently highlight the main arguments expressed by the I/A Court in response to the issue. Finally, the conclusions reached based on their impact on the States that make up the inter-American system for the protection of human rights will be pointed out.
- Subjects
COLOMBIA; PRESIDENTIAL system; ADVISORY opinions; HUMAN rights; ELECTIONS; CONFORMITY; PRESIDENTIAL elections
- Publication
Quaestio Iuris (QI), 2023, Vol 16, Issue 1, p123
- ISSN
1807-8389
- Publication type
Article
- DOI
10.12957/rqi.2023.71471