Tension between the argentine federal organization and human rights
Human rights constitute a repertoire of freedoms and rights inherent to each human being, based on their equality and personal and social dignity. In 1992, the Supreme Court of Justice of the Nation defined that international law and national law make up the same legal system, establishing a monist...
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| Formato: | Artículo revista |
| Lenguaje: | Español |
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Centro de Estudios Avanzados
2024
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| Acceso en línea: | https://revistas.unc.edu.ar/index.php/restudios/article/view/44505 |
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| Sumario: | Human rights constitute a repertoire of freedoms and rights inherent to each human being, based on their equality and personal and social dignity. In 1992, the Supreme Court of Justice of the Nation defined that international law and national law make up the same legal system, establishing a monist position. In 1994, the reform of the national Constitution confirmed this position and granted constitutional hierarchy to the various norms regarding human rights. Consequently, a minimum floor of rights for all people was established. Subnational States found themselves with a broad set of new obligations to respect, added to the new services they received through the decentralization process of the State Reform. All this without new resources or sources of financing to meet the new expenses. Therefore, a «strangulation» occurs at the subnational level, as a result of pressure to satisfy these new demands of international treaties. This process constituted a transformation of the centralized plural federalism, which Argentina had adopted in the 19th century. |
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