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Skrabs and Others v. Kriegler

Argentina.  25 April 1988 ; 21 July 1988 ; 13 October 1988 ; 14 November 1988 .

Published online by Cambridge University Press:  01 January 2021

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Abstract

Consular relations — Immunity — Consuls — Immunity from proceedings for enforcement of constitutional rights — Scope of immunity — Vienna Convention on Consular Relations, 1963, Articles 5 and 43 — Immunity limited to official functions — “Acts performed in the exercise of consular functions” — Interpretation — Whether immunity covers proceedings brought against consul for alleged violation of fundamental rights under Constitution of receiving State

Relationship of international law and municipal law — Treaties — Fundamental rights under State Constitution — Constitutional rights based on provisions of Universal Declaration of Human Rights, 1948 — Action to enforce constitutional rights against consul entitled to immunity under Vienna Convention on Consular Relations, 1963 — Whether constitutional rights prevailing over provisions of prior international conventions — Status of Constitution as “supreme law”

Treaties — Effect in municipal law — Vienna Convention on Consular Relations, 1963 — Ratification by Chile — Whether consular immunity may be invoked in proceedings brought to redress violation of fundamental rights guaranteed by Chilean Constitution

Human rights — Procedure for enforcement — Fundamental rights under Chilean Constitution, 1980 — Constitutional rights based on provisions of Universal Declaration of Human Rights, 1948 — Action to safeguard rights brought under Article 20 of Constitution — Nature of remedy — Whether consular immunity is a bar to proceedings under Article 20

Human rights — Privacy — Nature of right — Conditions for violation — Subjective or objective test — Chilean Constitution, Article 19(4) — The law of Chile

Type
Case Report
Copyright
© Cambridge University Press 1992

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