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Revista Electrónica de Estudios Internacionales
Article . 2025 . Peer-reviewed
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Los “derechos consulares” de los extranjeros detenidos: ¿Nuevas cartas en la baraja de los derechos fundamentales?

Authors: Eulalia W. Petit de Gabriel;

Los “derechos consulares” de los extranjeros detenidos: ¿Nuevas cartas en la baraja de los derechos fundamentales?

Abstract

Article 36.1.b) of the Vienna Convention on Consular Relations of 1963 defines the “consular rights” we will reflect upon in this essay. They have not merited special attention for decades, although their adoption was achieved in extremis during the 1963 international conference. They are a clear example of progressive development of the Law of Consular Relations, both then and nowadays as they have been developed through recent international jurisprudence (at different courts: Inter-American Court of Human Rights, International Court of Justice and European Court of Human Rights). These tribunals have established relevant connections between these consular rights and the guarantees in case of detention and the right to a fair trial. Along with the jurisprudence, the European Union has ruled on those rights in several instruments, and Spain more or less accordingly, strengthening the connection with the idea of fundamental rights. The essay analyses national rules for non-criminal detention cases, too, before concluding on the present nature and effect of the consular rights.

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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!
2
Average
Average
Average
gold
Fields of Science
Fields of Science