Constitutional opening to the international human rights law in a new constitution

Abstract

The article presents a proposal for a constitutional opening clause to the International Human Rights Law in a new Constitution. In order to make this proposal, the author refers to the current context of the relationship between International Human Rights Law and the domestic law, analyzing the different models of constitutional opening and highlighting the problems presented in this matter by the 1980 Chilean Constitution (Article 5). The Mexican and Spanish experiences are analyzed specifically, presenting arguments to maintain that the clause of conforming interpretation of these Constitutions, as well as the explicit incorporation of the pro person principle, are an adequate way of solving the complexity of the relation between the International Human Rights law and Chilean domestic law.