Let me pose a hypothetical situation.
Fundamental and non-derogable rights include the right to life, that is, the right not to be subjected to extrajudicial executions or disappearances, and the right not to be tortured or subjected to cruel, inhuman or degrading treatment.
Suppose that certain individuals in a nation, a signatory nation that has agreed to comply with the American Convention on Human Rights, were to argue that torture or extrajudicial disappearances are not only permitted, but are somehow required by an interpretation of the national Constitution. .
Could that be an excuse for the failure to protect and implement the fundamental rights to life and freedom from torture? Could a nation claim that it could continue to repeal and not protect these fundamental rights until a plebiscite was held to see if the population or parliamentarians agreed that the practice was not acceptable?
How can a Member State even call a plebiscite to authorize or continue the violation of a fundamental human right?
The answer is that it can't.
The right to nationality is a fundamental human right that cannot be derogated from at the same level as those in my hypothetical scenario. And now this is no longer hypothetical.
The obligation to end the denial of nationality to legal stateless citizens in Uruguay is immediate and unequivocal. It is not subject to legislation nor can it be the appropriate subject of a plebiscite.
The executive, legislative and judicial power in Uruguay has the immediate duty to exercise conventionality control and not apply offensive laws or constitutional interpretations.
Waiting for an inappropriate plebiscite to approve or disapprove of torture and disappearance would never be an option. And neither is it in the case of the nationality of legal stateless citizens.
The right to obtain full Uruguayan nationality is at the same level according to international law. It's fundamental. It is non-derogable. It is not optional and cannot be phased in or addressed in the future.
Nationality is not a right subject to progressive implementation and best efforts. It is a political right subject to immediate execution.
#uruguay #derechoshumanos #nacionalidad
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