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  • III Inter-University Conference on Constitutional Law “Human Rights and Constitutional Justice”

 

I. Thematic lines on human rights

 

1. Contemporary challenges to classic fundamental rights of freedom
This analysis examines the current challenges facing fundamental rights to freedom—such as life, property, personal liberty, freedom of expression, freedom of conscience, freedom of assembly, and access to information—in contexts of security, digitalization, and political polarization. It explores the tension between freedom and public power, as well as the constitutional and conventional limits on restrictions to these rights.

2. Economic, social and cultural rights and their constitutional enforceability
This study examines the normative content of economic, social, and cultural rights (ESCR), their progressive justiciability, and the constitutional and international standards for their protection. It addresses the role of constitutional courts in effectively guaranteeing the constitutional content of these rights and ensuring substantive equality, as well as the justification and reasonable scope of constitutional review of public policies.

3. Constitutional democracy and fundamental political rights
This paper reflects on the relationship between constitutional democracy and fundamental political rights, particularly the right to form political parties and participate in electoral processes. It analyzes phenomena such as the crisis of representation, electoral regulation, constitutional oversight of democratic processes, and the judicial protection of political rights, aiming to determine how the law can help politics become an effective tool for promoting the common good—a necessary condition for serving the individual.

4. Justification, recognition and limits of the new human rights
A critical examination of the expansion of the human rights catalog, including so-called "new rights" (digital, environmental, bioethical, identity rights, among others). The criteria of justification, legitimacy, universality, and the risks of inflation or distortion of fundamental rights are analyzed.

 

II. Thematic lines on constitutional justice

 

5. Constitutional processes of freedom
This study examines the main challenges that the constitutionalization of law, as well as the emergence of new rights, poses to constitutional processes aimed at protecting fundamental rights (amparo, habeas corpus, and habeas data). It analyzes how constitutional processes can continue to be recognized as means of protecting the constitutional content of fundamental rights when the constitutionalization of law seems to redirect all legal claims to the constitutional content of rights, and when there is no strong social or moral consensus on either the new rights or their constitutionally protected content.

6. Due motivation of judicial decisions and constitutional discretion
Analysis of due process as a guarantee of due process and a limit to judicial discretion. It examines its importance in constitutional justice, the argumentative standards required of constitutional and ordinary judges, and its relationship to the democratic legitimacy of judicial decisions.

7. Artificial intelligence and constitutional justice in the protection of human rights
A reflection on the impact of using artificial intelligence systems in the administration of justice and its effect on the protection of human rights. Issues such as the automation of judicial decisions, algorithmic bias, transparency, constitutional review, and procedural safeguards are addressed.

8. Jurisdictional dialogue between national courts and supranational human rights justice bodies
This study examines the dialogue between national constitutional courts and international human rights tribunals. It analyzes phenomena such as the control of conventionality, the reception of international standards, and conflicts of interpretation between constitutional and conventional norms.