THE DOCTRINE OF IMPLIED AND EXPLICIT RIGHTS IN THE DECISIONS OF THE INTER-AMERICAN COURT OF HUMAN RIGHTS

Abstract

This scientific article aims to analyze the issue of explicit rights, and implicit rights, rights that are not expressly regulated in the Inter-American Convention on Human Rights, but are still recognized and protected in fact by its Court. The purpose of this research is to have an analysis of the sentences issued by the Inter-American Court of Human Rights, in which the responsibility of Ecuador is sanctioned and established for violating the human rights of its citizens. In this essay, the Hervadian doctrine of the existence of subsequent natural rights and the need for their promulgation for their historical validity will be defended. The methodology used was a bibliographic-documentary design; the type of qualitative-descriptive research and the tools of content analysis and hermeneutics were assumed. By way of example, the right to identity, to truth, to a dignified life and to a life project will be discussed. At the same time, we will investigate the relationship that could exist between these rights and human dignity, as a justification basis for these rights in a universal human nature. It was concluded that the ordinary Judges of the Ecuadorian Judicial System must compulsorily abide by the inter-American jurisprudential precedents dictated within this type of rights.