LOS DERECHOS HUMANOS EN ESTADOS EXCEPCIONALES Y EL CONCEPTO DE SUSPENSIÓN DE DERECHOS FUNDAMENTALES

Abstract

This article applies the principle of interpretation of fundamental rights to a specific case, in accordance with international human rights law. After reviewing, in chronological order, the most important international treaties, at the universal, european and inter-american levels, as well as the doctrine that interprets them (with special attention to the jurisprudence of the European Court of Human Rights), it is concluded that «derogation of rights» is a superfluous concept for the material theory of fundamental rights and its usefulness is limited to reinforcing their guarantees. All the concepts of fundamental rights are connected; for this reason, some considerations are made on the margin regarding the essential content and the restriction of rights.