Remedies for Violations of Rights
Remedies Under International Law in Domestic Courts
  Incorporation of Treaty Law into Domestic Law Incorporation of Customary Int'l Law into Domestic Law
Constitutions
  South African Constitution §231(4): an int’l agreement "becomes law in the Republic" only when implemented by national legislation, except that a "self-executing provision of an agreement that has been approved by Parliament is law in the Republic" unless inconsistent with the Constitution or an "Act of Parliament." §232: customary int’l law "is law in the Republic" unless inconsistent with the Constitution or an "Act of Parliament."
French 1958 Constitution Art. 55 provides that treaties prevail over legislation, subject to reciprocal implementation by the other party.  Treaties are not superior to the Constitution.  The reciprocity requirement may not apply to multilateral treaties. See Bell, at 75-76. (no provision found)
Canadian Charter of Rights and Freedoms (no provision) (no provision)
Constitution of Argentina Art. 75(22): treaties are superior to legislation.  Ten enumerated instruments are incorporated in their entirety into the Constitution, see the discussion of the Argentine Constitution. (no provision)
United States Constitution Under the Supremacy Clause of Art. VI, §2, treaties form part of "the supreme law of the land."  However, treaties which are non self-executing (i.e., drafted so as to require Congressional implementation, or declared to be of such a nature by the Senate upon giving its advice and consent to ratification) have no domestic legal effect.  Even self-executing treaties are superceded by any subsequent conflicting federal statute. See Tribe, §4-4. There is no explicit provision on this subject. Customary international law is not mentioned in the Supremacy Clause, though the Restatement 3d of the Foreign Relations Law of the U.S., §111 comment d, takes the view that customary international law has the domestic legal effect of federal common law, superior to State law.
Constitution of India While not explicitly stated in the Constitution, the courts will not give effect to the provision of a treaty that conflicts with domestic law.  Therefore, implementation is needed of any treaty provision that goes beyond or contradicts provision of domestic law.  Rao, at 137-39. While not explicitly stated in the Constitution, the courts cannot apply customary int’l law that is in conflict with domestic law.  Rao, at 179-86.
Würzburg Key System (Key has not yet been developed) (Key has not yet been developed)
International Instruments
  Universal Declaration of Human rights (not applicable) (not applicable)
Int’l Covenant on Civil and Political Rights (not applicable) (not applicable)

Human and Constitutional Rights Resource Page
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