PRACTICAL ASPECTS OF THE APPLICATION OF CONSTITUTIONAL RESTRICTIONS ON POLITICAL RIGHTS AND FREEDOMS IN LATIN AMERICA BY INTER-AMERICAN COURT
https://doi.org/10.24833/2073-8420-2025-1-74-82-88
Abstract
Introduction. The article analyses the legal limits of restrictions on human rights and freedoms in Latin America. Accordingly, the article examines the provisions of international legal instruments and the provisions of national constitutions on the terms of human rights restrictions. The article also examines the jurisprudence of the Inter-American Court of Human Rights on constitutional limitations to suffrage rights.
Materials and methods. The article examines the Universal Declaration of Human Rights 1948, the American Convention on Human Rights. The provisions of the Constitutions of Mexico, Argentina, Bolivia and Chile were also examined, and the practice of the Inter-American Court of Human Rights on the issue of restrictions on voting rights was also analyzed.
The research is based on the following methods - formal legal, logical, historical, comparative legal and systemic analysis. The use of the formal legal method helps to identify the meaning of international legal documents concluded in various periods and aimed at establishing human rights and freedoms. The logical method contributed to the understanding of the need for countries in Latin America to cooperate with each other in various fields. The historical research method helps to establish the relationship between the historical perspective and the processes of modern development. The use of the historical-systemic method makes it possible to identify and study individual categories. The comparative legal method can be used to study the emergence, content and legislative consolidation of certain categories of human and civil rights and freedoms.
Research results. A distinctive feature of the activities of the bodies of the Inter-American system for the protection of human rights in considering complaints, which distinguishes the latter from other similar regional systems. This concept assumes that political rights, including electoral rights, must be considered from the point of view of two aspects: individual and collective. The “individual aspect” reveals the need to implement the electoral rights of one specific individual and the inadmissibility of their violation, while the “collective aspect” implies that violations of electoral rights in relation to one individual pose a danger to the entire society.
Discussion and conclusion. This work is devoted to the study of the inter-American system in the field of protection of human and civil rights and freedoms in Latin America.
About the Authors
T. O. KuznetsovaRussian Federation
Tamara O. Kuznetsova, Candidate of Sciences (Law), Associate Professor, Constitutional Law Department
Moscow
L. O. Gordeychenko
Russian Federation
Lada O. Gordeychenko, Lecturer, Public Law Department
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Review
For citations:
Kuznetsova T.O., Gordeychenko L.O. PRACTICAL ASPECTS OF THE APPLICATION OF CONSTITUTIONAL RESTRICTIONS ON POLITICAL RIGHTS AND FREEDOMS IN LATIN AMERICA BY INTER-AMERICAN COURT. Journal of Law and Administration. 2025;21(1):82-88. (In Russ.) https://doi.org/10.24833/2073-8420-2025-1-74-82-88