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The Inter-American Human Rights System and Conventionality Control: Challenges for Democracy and Rights in Latin America

Salón I-305 | Room I-305 | Salle I-305

Chairs:

  • Mónica Andrea Anis – profesoramonicaanis@gmail.com
  • Rodrigo Brito Melgarejo – rbritom@derecho.unam.mx
  • Rocío García Becerril – rgb@posgrado.unam.mx
  • Miguel Martínez Durán – m.mtzd@hotmail.com
  • Noelia Salomé Nazaruka – noelianazaruka@gmail.com

The Inter-American Human Rights System has consolidated itself as a fundamental axis for linking international commitments with domestic law in the region’s states. However, in recent years, increasing tensions have emerged: the militarization of public security, challenges to judicial independence, restrictive migration policies, and justice reforms limiting procedural guarantees have tested the strength and effectiveness of the Inter-American Court of Human Rights’ (IACHR) rulings and advisory opinions.

One of the central dilemmas is the tension between state sovereignty and the binding nature of the IACHR’s decisions. While some national courts and constitutions have moved toward a robust “block of conventionality,” other political actors have questioned the legitimacy of the Inter-American system under the argument of preserving constitutional sovereignty. This debate is key to assessing the real scope of conventionality control and its capacity to consolidate democracies that respect human rights.

This workshop seeks to reflect on the Inter-American experience as a regional laboratory to understand the limits and reach of conventionality control, as well as its ability to strengthen human rights protection and constitutional democracy in contexts of political polarization.

Objectives:

  • Analyze the evolution and application of conventionality control in Latin America.
  • Examine tensions between recent constitutional reforms and international human rights standards.
  • Identify best practices and risks in the relationship between national courts and the IACHR.
  • Assess the scope and limits of conventionality control in relation to state sovereignty and constitutional supremacy in Latin America.
  • Formulate comparative proposals to strengthen dialogue between constitutional justice and the Inter-American System.
  • Analyze the role of the Inter-American System in protecting the rights of migrants, asylum seekers, and refugees, with special attention to children and adolescents in contexts of mobility.

Thematic Axes:

Constitutional democracy and conventionality control: toward a more robust model.

IACHR rulings and opinions: reception, resistance, and effects.

Militarization of security and conventionality: security or structural violation of rights?

Judicial independence and the block of conventionality: advances and setbacks.

Migration and human mobility: Inter-American standards for rights protection against restrictive policies.

State sovereignty and conventionality: conflict or dialogue between the Constitution and the Inter-American System?