Consenso e interpretación evolutiva de los tratados regionales de derechos humanos

Abstract

The paper examines the role played by the concept of consensus when the regional courts of human rights provide an evolutive interpretation of the Rome Convention and the Pact of San José. The International Court of Justice and other international tribunals operating at the regional level, including the Court of Justice of the European Union, have admitted this notion in their decisions when identifying the laws that are applicable to a dispute. Moreover, in the European and American regional frameworks this concept not only explains the evolution of the rights and freedoms recognized by these international treaties, but also the nature and the functioning of these regional courts as international tribunals.