¿Qué efectos produce el control de convencionalidad decretado por la corte interamericana en un ordenamiento jurídico?

Abstract

This text seeks to demonstrate the existence of the obligation and the right to protection against forced displacement due to environmental factors, based on the right to a healthy environment within the framework of the Inter-American Human Rights System. To comply with this obligation, resort to legal hermeneutics to, firstly, define the concept of displacement due to environmental factors and its categories. Secondly, we start from the characterization of the right to a healthy environment as an Economic, Social, Cultural and Environmental Law and we relate the jurisprudential and doctrinal debate regarding the enforceability of this last category, emphasizing the method of derivation of rights of Article 26 of the American Convention on Human Rights. Subsequently, it is recommended to resort to article 25.1 of the Convention in order to complement the method of derivation of rights of the conventional article 26 based on the derivation of rights from the legal framework of the States party. Finally, analyze the international obligations derived from the right to a healthy environment, to verify the enforceability of protection against displacement due to environmental factors.