INTERNATIONAL PROTECTION OF HUMAN RIGHTS AND ITS INFLUENCE ON JUS COGENS PRO PERSONA

The Vienna Convention on the Law of Treaties recognizes the concept of jus cogens as peremptory norms of international law. According to the theory of the humanization of international law, ius cogens expresses the ethics and protection of the moral values of humanity, on which the community of states is based. Human rights, inherent to the human condition, are of great importance and countries have established organizations to universalize them through international instruments. However, not all human rights norms are considered jus cogens. Therefore, this research aims to analyze the influence of international protection of human rights on ius cogens and how they acquire this status in the protection of individuals. Qualitative research was conducted using analytical-synthetic and historical-logical methods, employing a documentary approach and a non-experimental research design. Exhaustive bibliographic research was carried out to understand the legal concepts. As a conclusion, it was determined that not all international norms that protect human rights are considered ius cogens. This suggests the possibility of establishing a hierarchy among human rights, where those recognized with this status would be considered superior to those that do not possess the character of ius cogens.