VENEZUELA : Constituent Assembly and human rights

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Luis Britto García, Red 58, October 1st 2017
https://red58.org/constituyente-y-derechos-humanos-3590c6e06e7f

 

The rights and guarantees of citizens must be recognized in this Constitution, recommends Luis Britto García.

Mark Twain noted that the Devil can quote the Bible. Likewise, hegemonic powers also use a false form of the noble wellspring of Human Rights to attack progressive governments. For example:

►Article 19. The State shall guarantee to all persons, in accordance with the principle of progressivism and without any discrimination, joy and the opportunity to achieve which cannot be renounced, indivisible and interdependent with human rights. Their respect and guarantee are obligatory for the organs of the Public Power ...

►Observation: The preceding article seems to raise, "human rights treaties signed and ratified by the Republic", to the constitutional level but without fulfilling the indispensable requirements to protect and maintain this authority. On the other hand, the global legal tendency regarding human rights tends to give greater importance within these guarantees supreme rights that can and must be protected by international and national courts. Any alleged violation of property or other human rights, could thus give rise to a ruling that would deprive the President of the Republic or another agent for alleged human rights violations.

 

► Requests for reform: Article 19. The State shall guarantee to individuals and collective bodies, in accordance with the principle of progressivism and without any discrimination, the enjoyment and opportunity to achieve that can not be renounced, indivisible and interdependent of human rights. Their respect and guarantee are obligatory for the organs of the Public Power, in accordance with the provisions of the international treaties that are ratified by the Republic, except in cases in which this could impair their sovereignty, immunity from jurisdiction and autonomy to resolve internal matters.

►Article 22. The enunciation of the rights and guarantees contained in this Constitution and in international instruments on human rights should not be understood as a denial of others that, being inherent to the person, do not appear expressly in them. The lack of regulatory law of these rights does not affect the exercise of these rights.

►Observation: The source that validates these human rights which are "not expressly stated" in the Constitution or in international human rights instruments must be strictly defined. There can be no vagueness in the generation of norms, taken to the extreme with the statement that "the lack of a statutory law of these rights does not detract from the exercise thereof." But the express and effective law is the source of the competence of the public powers. Any entity, organization or person could claim alleged categories of these rights that "do not appear expressly".

►Requests for reform: Article 22. The rights and guarantees of citizens are those recognized in this Constitution, in the laws that develop it and in international treaties ratified in accordance with it.