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Sumary
Through this research I will specify the theoretical framework of the states of emergency, its origin in the theory of national security, its relationship with both the rule of law and the violation of the human rights, and its history in America. Following, I will analyze the rules on such state of emergency set forth in the American Convention on Human Rights and its interpretation laid down by the American organs of protection of human rights. Finally, I will mention different proposals to improve protection of human rights in the states of emergency.
The purpose of this investigation is to determine the principal elements to be considered pursuant to the application of the states of emergency and the best proposals presented to improve its application and control by the civil society, the States and the international organizations involved in the protection of human rights. Furthermore, this research aims to make aware that the states of emergency are not weapons to violate Human Rights and Rule of Law, but the tools to preserve them. |
