Las Normas internacionales protectoras de los Derechos Humanos y los disturbios o tensiones internas dentro del estado constitucional

Abstract

The existence of the violation of human rights within internal disturbances and tensions, is a new conception of the legal and social reality product of disagreements with the political-economic system of the state, in which citizens defend a position and state through its public forces it is protected from these. The determination of the facts, the degree of violence and organization allow: determine which legal rules apply, that type of conflict is occurring and the type or appropriate to apply in these cases of internal disturbances and tensions criminal figure, all these framed in the respect for human rights are inherent to every citizen. This study takes as its priority the methodology of casuistry, which gives a high value of legality, importance and legal research. They have been taken as an object of study eight cases that have been brought and resolved by National Courts and Courts of Justice.