Abstract

ORTEGA JARPA, Waldo. Almonacid Arellano, Palamara and Norín Catrimán. Three Moments of the Conventional Dialogue’s Arduous Road to Legitimacy. Opin. jurid. [online]. 2020, vol.19, n.39, pp.111-129. ISSN 1692-2530.  https://doi.org/10.22395/ojum.v19n39a5.

This article examines the state of the conventional dialogue in Chile, taking three sentences of the Inter-American Court of Human Rights as a reference by considering also three very sensitive problems of our transitions towards democracy: we refer, in the first place, to the impugnation to the human rights violation, to the excessive extension of the competence of the military courts for processing civilians, and to the Mapuche conflict through a legal process resolved conventionally. While it is true that the State has assumed, in general, the obligations imposed by the decisions of the court, it can be seen that it has not done it in a timely, appropriate and obedient manner. Furthermore, internally it is far from applying conventionality control completely, i.e., displacing the norm by that contained in the pact. This is the greatest deficit in the integration progress of the Chilean State to the Human Rights jurisdiction.

Keywords : the right to justice; human rights; conventionality control; transition to democracy; Inter-American Court of Human Rights; military justice.

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