Abstract

CASTILLA JUAREZ, Karlos A. Inter-American conventionality control: A simple application of International Law. Rev. Derecho Estado [online]. 2014, n.33, pp.149-172. ISSN 0122-9893.

Until the year 2013 the term Conventionality Control had been used for 7 years in the jurisprudence of the Inter-American Court of Human Rights. Nevertheless, until March of that year, the Court had clarified little about how it understood that term. For first time in a Resolution of Monitoring of Compliance with Judgment, the Court established a definition of Conventionality Control and the ways in which it can be used. Because of this situation, it's necessary to make a new and complete jurisprudential recount in order to understand what the Inter-American Court is asking to the Member States of the American Convention to comply with. Furthermore, because academically the so called Conventionality Control has lacked comprehensive analysis due to the fact that the apparent doctrine has been built taking reference of only 4 or 5 isolated case law and not with the total 28 case law that, until July 2014, makes reference to the Conventionality Control. Thus this paper seeks to discuss and reflect, one more time, about the Conventionality Control rather than just repeat the provisions of the Court and of the dominant Latin American doctrine.

Keywords : Conventionality control; warranty of treaty; human rights application; case law.

        · abstract in Spanish     · text in Spanish     · Spanish ( pdf )