12 embodied in the Convention by incorporating this treaty de jure into its domestic law. However, in view of the failure of the Judiciary to interpret it adequately, it should be understood that there is an additional obligation for the Legislature to guarantee that interpretation. This will be achieved by domestic legislation indicating that the international law should be understood to be incorporated into domestic law. If complied with, this obligation to guarantee could affect reparation but not legal responsibility. In his opinion, the reform of article 19(12) of the Chilean Constitution does not help, because it will not produce the effect of preventing the Judiciary from censoring films, books or other artistic manifestations, using permanent precautionary measures. Moreover, the proposed reform “includes an element that distorts the international criteria”; this is the further difficulty that it is incorporated into the Criminal Code regarding crimes when it is committed “in contempt of or offending public authorities.” The Cinematographic Censorship Council has prohibited many films. In some cases it has revised the classification and allowed films that it had censored to be shown. Using the right to honor as a basis for prohibiting the exhibition of a film is “an indirect and undue use of legal provisions that have been developed for other situations, in order to adapt them to the feelings of the Court.” When the judgment states that honor is identified with the capacity for self-determination, according to a person’s values and beliefs, it is, at the very least, confusing honor with the freedom to believe, which is religion. d. Expert report of Humberto constitutional law expert. Nogueira Alcalá, lawyer, The Chilean Constitution does not establish any norm concerning the rank of international treaty law and international common law in relation to domestic law; it only establishes the system of incorporation and applicability of international treaty law to domestic law. Articles 32(17) and 50(1) of the Constitution indicate that the President of the Republic negotiates and concludes treaties, Congress adopts or rejects them, but does not have the authority to introduce amendments and, subsequently, the President of the Republic ratifies them. The Chilean legal system, applied in good faith and according to the corresponding hermeneutics criteria, recognized the primacy of international law over domestic law when it ratified the Vienna Convention on the Law of Treaties; that took place before the Constitution entered into effect. Consequently, should there be normative conflicts between domestic law and international law, Chile is obliged to ensure that international law prevails. With regard to admission of international human rights law into the Chilean legal system being a limitation to sovereignty, the text of article 5(1) of the 1980 Constitution established that sovereignty was inherent in the Nation and was exercised by the people and by the authorities established in accordance with the constitutional system. Article 5(2) established the essential rights emanating from human nature as the limit to sovereignty. In the process of transition from the authoritarian regime to democracy, 54 constitutional reforms were made and one of them was to article 5(2), by adding a phrase which stated “that the organs of the State must respect and promote the rights contained in the Constitution, and also in the international treaties that Chile has ratified and that are in force.” This phrase consolidated the notion that the essential human rights constitute a system with a dual source in the Chilean legal system: one of a domestic nature - the Constitution -

Seleccionar párrafo de destino3