International treaties ratified by the State are automatically incorporated into the domestic legal order once they enter into force, pursuant to Articles 16 and 18 of the Constitution of the Republic. Nevertheless, treaties remain subordinate to the Constitution, which constitutes the supreme law of the legal system. Consequently, where a treaty contains provisions that are incompatible with the Constitution, Article 17 requires that the corresponding constitutional amendment be approved in advance through the procedure established for constitutional reforms before the treaty may be ratified by the Executive Branch. Likewise, in the event of a conflict between an international treaty and ordinary legislation, the treaty shall prevail. Accordingly, international treaties occupy a supra-legal but sub-constitutional position within the Honduran legal hierarchy, without prejudice to the special interpretative significance that international human rights instruments have acquired in Honduran constitutional practice.

Article 15 of the Constitution reflects the openness of the Honduran legal system to international law and international dispute settlement mechanisms. This approach, together with Articles 16, 17, and 18, provides the basis for the incorporation of international obligations into domestic law and for the supremacy of treaties over ordinary legislation. In the field of human rights, this implies that national authorities must interpret and apply the law in accordance with the international commitments assumed by the State, including the jurisprudence of the Inter-American Court of Human Rights within the scope of its jurisdiction. At the domestic level, the Constitutional Chamber of the Supreme Court of Justice serves as the highest body for constitutional review, while Article 320 establishes the duty of courts to administer justice and refrain from applying norms that are incompatible with the Constitution.

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