United Nations Committees Views Compliance in Spain: Legal Impossibility or Lack of Political Will?

Authors

  • Carmen Montesinos Padilla Universidad Complutense de Madrid

DOI:

https://doi.org/10.18042/cepc/redc.127.02

Abstract

In the doctrinal debate on the legal effects of treaty bodies views, it is typical for their (impossible) comparison with international judgments to come up. This paper purpose is not only to stress this parallelism inconvenience and unfeasibility. Its intention is also to highlight arguments allowing affirm that non-compliance with these resolutions does not depend so much on an alleged legal impossibility as on an evident lack of political will. To this end, we will use the arguments offered by international law and the requirements and possibilities for compliance provided by Spanish law. Furthermore, we will see that national authorities and courts’ practice reinforce our arguments. In Spain, the United Nations Committees views should and are used as an interpretative parameter of our constitutional rights. They have also driven critical legislative reforms and could even be consolidated as grounds for recognising the State’s financial liability.

Published

2023-04-24

Issue

Section

STUDIES