2
seemed interesting to me to refer now to the adoption of these measures, which
constitutes a duty broadly examined and accepted- and which was not contracted,
evidently, in this case, inasmuch as it is related to the most relevant and active
issue, today, in the link between the national and international order and in the
consolidation of the Inter-American System for the Protection of Human Rights:
national reception of international decisions.
6.
This theme is of course, multifaceted and has multiple implications that I do
not suggest be examined now, nor could they. It is important to emphasize,
however, that this reception—which is the most relevant and decisive issue in the
present time, and one of the most frequently examined now in the literature1-should motivate the most energetic and sustained effort, and project itself toward
the variety of fronts in which it may be installed and take hold.
C)
Reception in the culture
7.
On other occasions, I have been occupied with the different manners in which
reception should operate and with the actions that must be developed such that
reception is projected forward. I have mentioned the necessity of strengthening
reception in the American culture with respect to human rights, always disrespected,
especially when there are signs of public insecurity that feed the unfavorable
discourse
around human rights (which is, in essence, an unfavorable discourse around law
itself). That culture is the “natural environment” for the observance of rights. Upon
this generalized conviction depends the effective operation, the imperative demand
(which impedes choosing the wrong path and favors the advance into new areas)
and the real effectiveness of the instruments designed for the protection of rights, as
much in the national order as in the international order.
D)
Constitutional reception
8.
Constitutional reception is also required, which has prospered under a variety
of formulas –which as a whole brings a panorama of progress, despite the
heterogeneity of its normative expressions- and which slowly might consolidate the
idea that beyond the always difficult issue of hierarchy among national and
international orders, lies the supreme hierarchy of the human being -common to the
fundamental decisions in both orders, and in their most developed and modern
versions-, which links all decisions and actions.
E)
Political reception
9.
The admission of international relations and their declaratory, normative, and
jurisdictional consequences in the basic laws of the States, causes the adoption of
1
With respect to recent examples of this particular accent in the literature, two works
which emerged in 2007 should be mentioned. The first of these, with a similar prior
publication, which serves as a point of reference, edited a decade ago in Argentina, and the
second which reached several countries in the area: Various Authors, La aplicación de los
tratados sobre derechos humanos en el ámbito local. La experiencia de una década,
Abramovich, Víctor, Bovino, Alberto, y Courtis, Christian (comps.), Editores del Puerto/Centro
de Estudios Legales y Sociales (CELS)/Canadian International Development Agency, Buenos
Aires, 2007, 1005 pp.; and Various Authors, Implementación de las decisiones del Sistema
Interamericano de Derechos Humanos, Jurisprudencia, normativa y experiencias nacionales,
Krsticevic, Viviana, and Rojo, Liliana (coords.), CEJIL, Buenos Aires, 2007, 432 pp.
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