Nuevos derechos en acción: reconocimiento del matrimonio igualitario en Ecuador y Chile bajo la influencia de la Corte Interamericana de Derechos Humanos

Abstract

In this article we analyze the process of recognition of new fundamental rights. We assume that the fundamental rights system must evolve to provide protection for human dignity. This evolution can occur through statutory interpre-tation, leading to the discovery and advancement of implicit rights, especially through judicial adjudication. New rights can also be added to the system through constitutional amendments and through the reception of norms of international law; there is a mutual influence between national and international legal systems. To avoid an artificial proliferation of rights, we develop criteria for testing new rights. This argument is explored by analyzing the recog-nition of the right to equal marriage in Ecuador and Chile under the influence of the Inter-American Court of Human Rights (IACtHR). We conclude by affirming the fundamenta-lity of the right to equal marriage and the correctness of its recognition.