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13.3.Hierarchy of international standards in domestic law
The hierarchy of international standards in domestic law is a procedure by which the hierarchy of international standards over domestic standards is determined.
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Most of the region's constitutions contain provisions recognizing the preferential application of the provisions of international human rights treaties when they are more favorable. International Labour Conventions are international human rights treaties and therefore have this preferential application.
The following are examples of constitutional provisions:
CONSTITUTIONAL PROVISIONS THAT DEMONSTRATE THE HIERARCHY OF INTERNATIONAL LAW
• Constitution of Bolivia, Article 256.I "International treaties and instruments on human rights that have been signed, ratified or to which the State has acceded, which declare rights more favourable than those contained in the Constitution, shall be applied in preference to the Constitution.”
• Constitution of Colombia, Article 93 "International treaties and conventions ratified by the Congress, which recognize human rights and prohibit their limitation in states of emergency, shall prevail in the internal order.”
• Constitution of Costa Rica, Article 7 "Public treaties, international conventions and concordats, duly approved by the Legislative Assembly, shall have, from their promulgation or from the day they are designated, an authority superior to the laws.”
• Constitution of Ecuador, Article 417 "The Constitution and international human rights treaties ratified by the
State that recognize rights more favourable than those contained in the
Constitution shall prevail over any other legal rule or act of public authority.”
• Constitution of Guatemala, Article 46 "[...] in matters of human rights, the treaties and conventions accepted and ratified by Guatemala have precedence over domestic law.”
• Constitution of the Dominican Republic, Article 74.3 "Treaties, covenants and conventions relating to human rights, signed and ratified by the Dominican State, have constitutional hierarchy [...].”
• Constitution of Venezuela, Article 23 "The treaties, pacts and conventions relating to human rights, signed and ratified by Venezuela, have constitutional hierarchy and prevail in the internal order, to the extent that they contain norms on their more favorable enjoyment and exercise.”
