Adopting legislative measures: How much can the legislature and its members do to implement human rights?

Abstract

This paper analyzes the importance of the Legislative Branch in giving effect to the rights and freedoms recognized by the American Convention on Human Rights, in compliance with the obligation established in its Article 2, as well as the challenges faced by members of the National Congress, in particular, in incorporating international human rights standards into the law-making process. The complexity involved in adopting or amending legislative measures compatible with these standards is exemplified by a parliamentary motion that demonstrates how the lack of a mechanism allowing members of Congress to be aware of these standards, which must be incorporated into their motions or in the discussion of a message from the Executive Branch, can entail international liability for the State or fail to comply with the constitutional mandate to respect and promote the rights guaranteed in the Constitution and international treaties ratified by the State and in force.