El difícil encuadre del asilo diplomático como derecho humano. A propósito de la opinión consultiva número 25 de la Corte Interamericana

Abstract

In its advisory opinion number 25, adopted at the request of Ecuador, the Inter- American Court returns to the issue of asylum, which it had already addressed in previous pronouncements. The Court insists on the problematic idea that the American Convention and the American Declaration consecrate an individual right to receive asylum. Moreover, according to the Court, although that right does not include diplomatic asylum, States must refrain from handing over asylum applicants when there is a risk to their life or liberty. However, it is not clear what the obligations of the territorial State are when another State refuses to hand over or grants diplomatic asylum to an individual.