Reconocimiento en el sistema interamericano de lso derechos políticos a los extranjeros referente al derecho de sufragio activo y pasivo, conforme al derecho internacional privado

Abstract

This article analyzes whether the forms of recognition of the political rights of foreigners referring to active and passive suffrage in the Inter-American System are effective following the International Law, through the legal treatment of the member countries. The analysis begins with the description of the doctrine on suffrage, as well as of the regional international regulations complemented with the investigation of the internal International Regulations of each country through the study of both the Constitutions and Electoral Codes. Consequently, this study considers requirements concerning the foreign element, such as residence and/or nationality. It also considers the existence of certain countries that do not recognize this right in any of its forms. Another procedure for granting the right to active and passive suffrage is through reciprocity treaties. In conclusion, it is deduced that the ratification of international conventions is not enough since the final decision is in the power of the States through their national legal system, thus, political rights are still partial and limited, proving the hypothesis that the forms of recognition of this right are acceptable, but not satisfactory to what is established in International Law.