3
public policies favorable to the expansion and protection of human rights. This ambit
of reception may be attended, however, even in the absence of explicit constitutional
dispositions –as has occurred in several cases-, with sustenance of internal norms in
favor of fundamental rights and liberties and in the “anthropocentric spirit” which
animates the radical decisions of modern political societies.
F)
Jurisdictional reception
10.
Internal jurisdictional reception of international jurisprudential criteria is
indispensable, which at the same time should undertake the reflection and
contribution which come from internal justice systems. The harmonization of the
continental order of human rights should be the product of persistent and profound
dialogue: jurisprudential dialogue, which advances.
This realm of reception
constitutes –as I have had occasion to affirm in other fora, in particular before the
political organs of the Organization of American States- one of the most encouraging
at the present time in the Inter-American System.
G)
Legal Reception (instrumental)
11.
Likewise, reception is absolutely necessary through the internal norms of
fulfillment (which may be denominated instrumental legal means), which constitute
the bridge such that international orders are naturally and quickly transmitted
without errors and applied domestically, which requires immediate and adequately
facilitated executive steps. I do not say that this normative structure is a condition
for the validity of international provisions; I only recall that it is a natural medium for
their effectiveness.
12.
This angle of reception has been left behind. In general, national formulas are
not ordered
-although there may be good will in practice, which powerfully
contributes to the fulfillment, through appropriate interpretations- which foresee with
detail the internal admission of the international recommendations and resolutions.
Indemnifying reparations exist in some legal systems, but these do not occur in the
same way as other types of reparations, whose complexity requires clear rules that
deliver quick decisions. These other types constitute, for sure, some of the most
important reparations, which are characteristic and evolutionary of the InterAmerican jurisdiction over human rights and the guarantee of adequate reparations
which the system contains.
H)
Regulatory initiatives
13.
There are commendable initiatives which have arisen in some States and
which may be supported, complemented, or enriched by professional and academic
contribution, in the sense of elaborating first drafts of secondary legal systems,
preferably rooted in the constitution, designed to guide the fulfillment of international
recommendations and orders on the subject of human rights. Of course, each State
should have norms that recognize and develop its own circumstances, but it would
be practical to have an instrument which collects the general patterns in the
introduction of international decisions in national legislation, broad rules of
reparations, and special orientations in relation to the variety of categories of
reparation that Inter-American jurisprudence has produced
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