Hierarchy of human rights treaty: analysis jurisprudential from the method of cases

Abstract

The Political Constitution of the Republic of Chile does not have a rule that establish which the hierarchy of treaties is in general and treaties about Human Rights in particular. For this reason, it should be determined the range by the interpretation of Article 5.2 of the Fundamental Charter. The task of interpretation is a work for all the organs of State but especially for the courts of justice. The national jurisprudence has been incorporating to the internal legal ordering the rules and principles from the International Human Rights Law, recognizing in the last time hierarchy supralegal and even constitutional to the Human Rights Treaties.