Mexico`s “recurso de amparo” is found in Articles 103 and 107 of the Mexican Constitution – judicial review of government action – to empower state courts to protect individuals from state abuses. Amparo has been divided into five legal departments: therefore, if there is a discrepancy between a State`s amparo remedies and the ICCPR, the State is obliged to adapt Amparo to the minimum standards of the ICCPR, unless there is a legitimate reservation or a so-called exception, limitation or restriction upon ratification. Universal Declaration of Human Rights (UDHR)[13] The inclusion of human rights in the UDHR is largely due to the fact that Latin America and NGOs forced their inclusion in the UN Charter at the San Francisco Conference, after the great powers of Dumbarton Oaks made only one reference to human rights. When the UDHR was negotiated, Mexico had managed to include Amparo as Article 8 in the UDHR. In many countries, an Amparo trial aims to protect all rights that are not specifically protected by the Constitution or by a special law of constitutional rank, such as the right to physical liberty, which may instead be protected by habeas corpus remedies. Just as habeas corpus guarantees physical freedom and habeas data protects the right to maintain the integrity of personal data, amparo protects other fundamental rights. It can therefore be invoked by any person who considers that one of his rights, which are implicitly or explicitly protected by the Constitution, another law (or by applicable international treaties), is violated. By invoking the right to the truth, habeas data will not only force military and government agents to disclose information about desaparecidos, but will also require access to military and police records. Reynato Punos Writ of Amparo – in Spanish for protection – will prevent military officers in judicial proceedings from responding to requests for enforced disappearances or extrajudicial executions that were legally permitted in habeas corpus proceedings. [17] Mexican Amparo has inspired many and served as a model in other dishes. In the Philippines, Chief Justice Reynato Puno noted that the model used for Amparo had been borrowed from Mexico: the Amparo enforcement document is a Mexican legal process for the protection of human rights. [3] Amparo literally means “protection” in Spanish. [4] De Tocqueville`s Democracy in America became available in Mexico in 1837, and his description of the practice of judicial review in the United States.
called on many Mexican lawyers. [5] Mexican Judge Manuel Crescencio Rejón drafted a constitutional provision for his home state, Yucatán (Threat to Mexico`s Independence), which empowers lawyers to protect all people in the exercise of their constitutional and legal rights. This was incorporated into the state constitution in 1847. [6] [7] The great police spread throughout the Western Hemisphere and slowly developed into various forums. Each State Party to the present Covenant undertakes: (a) to ensure that every person whose rights or freedoms are violated as recognized in the present Covenant has an effective remedy, notwithstanding the fact that the violation was committed by persons acting in an official capacity; (b) To ensure that any person who lodges such an appeal is determined by the competent judicial, administrative or legislative authorities or by any other competent authority provided for in the legal order of the State, and to develop the possibilities of judicial remedy; (c) ensure that the competent authorities apply those remedies when they are granted. Amparo in Argentina is a limited, summary, urgent and simply complementary procedure, which requires the prior exhaustion of administrative remedies before the communication of the judgment of Mandamus or the injunction. The decision prohibits cash bonuses and penal provisions, with the exception of non-compliance or declaration of unconstitutionality. [12] The 1994 Constitution establishes the right to Amparo in Article 43.
Amparo has also been enshrined in Latin American jurisdictions. It is now an extraordinary call in Bolivia, Chile, Costa Rica, Ecuador, El Salvador, Guatemala, Honduras, Nicaragua, Panama, Paraguay, Peru, Brazil and Argentina. In Chile, the term recurso de amparo (“amparo remedy”) refers to what is known in comparative law as habeas corpus. The Chilean equivalent of Amparo is the recurso de protección (“conservative”). Amparo and habeas Data orders are prerogatives introduced in the Philippines to supplement the ineffectiveness of habeas corpus (Rule 102, Revised Rules of the Court). Amparo stands for protection, while habeas data is access to information. Both orders sought to resolve the numerous extrajudicial executions and enforced disappearances in the Philippines since 1999. [14] On August 25, 2007, Reynato Puno (at the Silliman University School of Law in Duraguete) explained the legal opinion of Amparo`s twin, the additional data of Habeas of the Philippines. Puno announced the legal birth of these twin execution orders in October 2007 as his legacy to the Philippine nation.