ANALYSIS

Honduras belongs to the civil law tradition, with a legal system structured around codification (including civil, penal, procedural, commercial, and labor codes, among others) and written law as its primary source. Case law contributes to the interpretation of the law and, in certain cases, gives rise to binding legal doctrine or effect of general applicability, particularly in constitutional matters. The Constitution is the supreme legal norm: pursuant to Article 373 of the 1982 Constitution of the Republic of Honduras, which governs the procedure for constitutional amendment, any modification to the Constitution requires approval by a two-thirds majority of the entire membership of the National Congress in ordinary sessions, followed by ratification during the subsequent ordinary legislative session.

The Constitution operates as the standard of validity for all sub-constitutional norms pursuant to Article 320, as well as for international treaties—which hold supralegal but not supraconstitutional status under Articles 17 and 18. Furthermore, under Article 64 of the Constitution, laws, governmental regulations, or measures of any other order that regulate the exercise of constitutional rights and guarantees shall not be applied if they diminish, restrict, or pervert them.

Honduras does not possess a system of legal pluralism based on procedural parity; however, through the ratification of ILO Convention 169 on Indigenous and Tribal Peoples (1989) via Decree No. 26-94, the State is legally bound under Article 8 of said Convention to respect the customary methods of indigenous peoples for dealing with offenses, provided these practices are compatible with the fundamental rights defined by the national legal system and internationally recognized human rights standards.

LAW & POLICY

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

Decree No. 26-94 - Approval of Convention No. 169 concerning Indigenous and Tribal Peoples in Independent Countries, 1989

• Year: 1994
• Type: Domestic law
• Rights Category: Asylum
• Link to external source: https://leyes.hn/tratado/convenio-169-pueblos-indigenas-2015

Legal provision