La restricción de los derechos humanos en el ámbito del Sistema Interamericano
The restriction of Human Rights implies its operation from other areas, not its elimination, but the application of a law under certain legal steps that are the formula for its application in accordance with the foundations of legitimacy and legality. A restriction of a right takes place every time...
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| Formato: | Artículo revista |
| Lenguaje: | Español |
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Universidad Nacional del Litoral
2025
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| Acceso en línea: | https://bibliotecavirtual.unl.edu.ar/publicaciones/index.php/index/article/view/15081 |
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| Sumario: | The restriction of Human Rights implies its operation from other areas, not its elimination, but the application of a law under certain legal steps that are the formula for its application in accordance with the foundations of legitimacy and legality. A restriction of a right takes place every time an action by the State denies or prevents the right holder from exercising it in accordance with the full extent of the fact that the right is actually assumed. So, the most important element for a human right to be validly restricted is proportionality, no matter how restricted it is, by which authority, by which authority, or by which legal discipline, or which type of fundamental right; that is, it cannot be automatically restricted, but steps must be taken to justify proportionality and to be tested, as well as facts which, in addition to the test, permit validly restrict it (Barak, 2017: 664). |
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