Full Citation
Title: The consular assistance to an arrested foreigner at United States: the case of Mexico
Citation Type: Dissertation/Thesis
Publication Year: 2012
ISBN:
ISSN:
DOI:
NSFID:
PMCID:
PMID:
Abstract: The consular assistance to the national citizen of the sending State is provided in article 5 of the Convention of Vienna on Consular Relations between the diverse consular functions. The article 36 of the same diploma with the purpose of making the exercise of consular functions easy it grants rights to the foreign citizen and to the sending State; and impose duties to the local authorities of the receiving State. It requires that the local authorities inform, without delay, the competent consular post as to the detention of a national citizen of the sending State. The local authorities will also have to inform the foreign prisoner about such right, at the pisoners request, the authorities shall notify the detention to the consulate; besides authorize the access of the consular officers to the prisoner. This piece, analyzes the importance of this right, specially in the cases of death penalty; and describes the Consular Assistance institute, particularly, in respect to Mexican immigrants prisoners with a death penalty sentence in the United States. The relevance of the migratory phenomenon in Latin America, above all of the Mexicans in United States, makes this situation a vital example. It contributes, in this sense, with the discussion of international law in consular matters, as an instrument of citizenship and human rights achievement. It presents the International Court of Justice position - main international law judicial organism to solution of conflict between States - and, by comparison, the Inter-American Commission on Human Rights position, in the regional sphere. Upon the analysis of International Law and the main contingent of migrants in the United States circumstances - the Latin-Americans, and among them, the Mexicans, this piece contributes to a better understanding of the integration process on the continent.
Url: http://www.teses.usp.br/teses/disponiveis/84/84131/tde-27062011-092712/en.php
User Submitted?: No
Authors: Sala, Martha, G
Institution: Integration of Latin America
Department:
Advisor:
Degree:
Publisher Location:
Pages:
Data Collections: IPUMS International
Topics: Migration and Immigration
Countries: