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Revista Latinoamericana de Derechos Humanos
Article . 2020 . Peer-reviewed
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Revista Latinoamericana de Derechos Humanos
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El Comité de derechos humanos y la presunción de inocencia: ¿Un derecho extraprocesal?

Authors: Héctor Ivar Hidalgo Flores;

El Comité de derechos humanos y la presunción de inocencia: ¿Un derecho extraprocesal?

Abstract

The Human Rights Committee has issued several legal opinions wherein it has analyzed the right to the presumption of innocence. This United Nations body has unraveled the scope of this guarantee and, certainly, has brought to surface its multifaceted character. However, much of its jurisprudence has focused on the extra-procedural aspect of this right. Therefore, as the working hypothesis, it was formulated that the right to the presumption of innocence, from the interpretation of the Human Rights Committee, was a purely extra-procedural guarantee. However, the investigation showed that although its jurisprudence has been characterized by conceiving this principle as a right that comes to life outside the legal process, it also contains other criteria that extend the scope of this legal institution.

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Keywords

K201-487, Jurisprudence. Philosophy and theory of law, comité de derechos humanos; presunción de inocencia; derechos humanos; proceso penal.

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selected citations
These citations are derived from selected sources.
This is an alternative to the "Influence" indicator, which also reflects the overall/total impact of an article in the research community at large, based on the underlying citation network (diachronically).
BIP!Citations provided by BIP!
popularity
This indicator reflects the "current" impact/attention (the "hype") of an article in the research community at large, based on the underlying citation network.
BIP!Popularity provided by BIP!
influence
This indicator reflects the overall/total impact of an article in the research community at large, based on the underlying citation network (diachronically).
BIP!Influence provided by BIP!
impulse
This indicator reflects the initial momentum of an article directly after its publication, based on the underlying citation network.
BIP!Impulse provided by BIP!
0
Average
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