Honduras has a civil law justice system, organized within a unitary state and structured hierarchically through judicial bodies of different levels and jurisdictions, headed by the Supreme Court of Justice. The Supreme Court of Justice—comprising 15 magistrates with nationwide jurisdiction pursuant to Articles 303 and 308 of the 1982 Constitution of the Republic of Honduras—serves as the highest judicial body, sitting in the capital city and featuring a Constitutional Chamber as well as contentious-administrative oversight. Below the Supreme Court operate Courts of Appeals and specialized courts of first instance (covering civil, penal, labor, children's, family, and domestic violence matters).

Pursuant to Article 311 of the Constitution, the Magistrates of the Supreme Court of Justice are elected by the National Congress from lists of nominees submitted by a Nominating Board. Lower court judges enter through the judicial career system, and under Article 313 (paragraphs 11 and 12) and Article 317 of the Constitution, the Supreme Court holds the power to establish jurisdictional territorial divisions, create, suppress, or relocate courts, and administer the Council of the Judiciary and Judicial Career, thereby enabling operational decentralization at the departmental level. Furthermore, under Article 319 of the Constitution, judges and magistrates act with strict exclusivity and independence, being subject only to the Constitution and the laws, and are expressly prohibited from engaging in partisan political activity or holding any other position or employment, under penalty of forfeiture of office.

Alternative dispute resolution mechanisms carry constitutional standing: Article 110 of the Constitution provides that no natural person with the free administration of their assets may be deprived of the right to settle their civil disputes through compromise or arbitration; similarly, Article 139 mandates that the State has the obligation to promote, organize, and regulate conciliation and arbitration for the peaceful resolution of labor disputes. Under Article 134 of the Constitution, all matters regarding employer-employee relations fall under the exclusive jurisdiction of the Labor and Social Security Courts. Although there is no formal recognition of ethnic or indigenous tribunals—as the authority to administer justice is concentrated within the state Judiciary—ILO Convention 169 legally obligates judges to consider indigenous customary law when applying penal legislation.

Related provisions of domestic law or policy

Constitution of the Republic of Honduras

• Year: 1982
• Type: Domestic law
• Rights Category: Asylum, Education, Freedom of movement, Health, Housing, land & property, Liberty & security of person, Nationality, Integration & Public Affairs, Social protection, Work & Workplace rights, Family life, Documentation
• Link to external source: https://www.refworld.org/legal/legislation/natlegbod/1982/es/102763?prevDestination=search&prevPath=/search?keywords=Constitución+de+la+República+de+Honduras&order=desc&sm_country_name%5B%5D=Honduras&sort=score&result=result-102763-en

Legal provision