The president of the Constitutional Court (TC), Luz Pacheco, maintained that judges are not obliged to execute rulings of international courts when they conflict with the fundamental rights enshrined in the Constitution and in current treaties.
“With this I am not calling for civil or legal disobedience. What I am doing is inviting you to reflect to realize that the important thing is not which court says something, but what it says; the object of the decision. Not because the Inter-American Court or the International Criminal Court says it, but what it is saying, if it is defending basic human rights, yes or no?”, said the magistrate during the opening ceremony of the jurisdictional year.
In his speech, Pacheco highlighted the importance of respecting the decisions of the bodies administering justice to avoid legal uncertainty.
“It is essential to abide by the decisions of the bodies in charge of administering justice. The opposite leads to chaos and legal insecurity. That is why I would like to refer to the fact that it is understandable that there are people who criticize our decisions. It is understood because if seven magistrates do not agree, how are we going to expect the entire society to agree with what we have decided, that is impossible,” said Pacheco.
The head of the TC explained that it is essential that in this difference of opinions the decision of the majority is defended “because that is what must be abided by, whether we agree or not.”
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