The multilevel perspective of Human Rights in the new Bolivian Constitution

Abstract

The new structure of the Constitutional Rights raised by the New Bolivian Constitution has assumed in its interpretation that there are no differences, concerning the levels of protection and guarantee, between fundamental rights and any other sorts of rights. The treatment that International Treaties concerning Human Rights get in the moment to join the Constitutional Bloc responds to an adequate assess of the level of protection and guarantee of rights as expected in an international level, in this very sense the application and interpretation that is preferably granted ensures an effective monitors compliance Nevertheless, it is easy to notice the existence of certain limits that are imposed by the claim that the State is the one, through the Constitutional Court of Bolivia, who ultimately settles in a last resort the interpretation keys of human rights in favor of its sovereignty. In this sense we can find a hermeneutic timid activity of the mentioned Judicial Organ in favor of international Human Rights sources, in which we see a greater need of openness and willingness to respond to the current constitutional claims. Key-words: Constitution; Human Rights; interpretation.