Judicial Guarantees in States of Emergency (Articles 27(2), 25 and 8 of the American Convention on Human Rights)

Abstract

405Human rights — Judicial guarantees — States of emergency — “Essential” and non-derogable judicial guarantees — Relationship between obligation to provide effective judicial remedies in accordance with due process rules and right to suspend judicial guarantees — American Convention on Human Rights, 1969, Articles 25, 8 and 27(2)International tribunals — Inter-American Court of Human Rights — Jurisdiction — Advisory opinions — Whether State Party to American Convention on Human Rights may request advisory opinion