Constitution prevents Venezuela's withdrawal from IACHR Court
Until 1999 it was possible for Venezuela to denounce the American Convention of Human Rights from the formal point of view. However, Article 31 of the constitution shapes the right to request that the Convention offers as a human right of constitutional rank" explains Asdrúbal Aguiar
For Venezuela's withdrawal from Inter-American Court of Human Rights, it is necessary to denounce the American Convention of Human Rights, but according to Asdrúbal Aguiar, former judge of this body, the current constitution prevents it.
"Until 1999 it was possible for Venezuela to denounce the American Convention of Human Rights from the formal point of view. However, the 31st article of the constitution crystallizes the right to request that the Convention offers as a human right of constitutional range. Therefore, Venezuela's President cannot denounce a treaty that violates a right ratified by the constitution," explained Aguiar.
Aguiar stated that the Venezuelan President "must previously request a constitutional reform because it is an important element."
As set forth in Article 31, "Everyone has the right, on the terms established by human rights treaties, pacts and conventions ratified by the Republic, to file applications and complaints with the international organs created for such purpose, in order to ask for protection of his or her rights." Besides, it establishes that the State shall adopt, "the necessary measures to enforce the decisions emanating from the international organs."
The former judge explained that ordinary international treaties can be denounced by the States, but the international treaties of human rights have a different nature because they are of a public order and take precedence over the States sovereignty.
Translated by Karina Salas
José Vicente Rangel clearly said: "We are not conducting negotiations threatened with a gun in the head." He warned behind closed doors in the midst of the social upheaval occurred during the oil strike in 2002 and 2003. Dissenting Timoteo Zambrano answered back that no other option was available: "The thing is that otherwise, you do not negotiate."