¿Son vinculantes las opiniones consultivas que emite la Corte Interamericana de Derechos Humanos?.

Abstract

The Inter-American Court of Human Rights, as an autonomous body for the application and interpretation of the American Convention on Human Rights, has a dual function: meanwhile, the contentious or jurisdictional function that is through which the disputes of the States are submitted members of the Organization of American States or of the Inter-American Commission on Human Rights and, furthermore, there is the advisory or also called interpretive function, which is used for the Inter-American Court of Human Rights to issue advisory opinions, which in a way broadly establish the scope of the human rights contained in the Convention or in an international treaty. Once this is established, the project will focus on the study of the consultative or interpretive function of the Inter-American Court, addressing its historical background, definition, characteristics, the difference that exists regarding the contentious or jurisdictional function, the procedure and legitimation, with the purpose of delimiting what is the scope and effect of said advisory opinions for the OAS member states, agreeing whether these advisory opinions are binding or not, especially for Ecuador. Therefore, through the doctrine, international treaties, laws and rules that regulate the functions of the Inter-American Court of Human Rights, it will seek to delimit the effects of advisory opinions and, in turn, propose recommendations aimed at making the Court clearly establish the scope of the advisory function.