Workshop 169

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Conventionality Control: Tensions and Counterpoints 20 Years After its Incorporation into the Inter-American Human Rights System

Salón G-301 | Room G-301 | Salle G-301

Chairs:

  • Jaime Luis Rojas Castillo – jrojascastillo@gmail.com
  • Elodia Almirón Prujel – prujel@hotmail.com

SPEAKER

José RolandoCardenas Gonzales
MarcelaAedo Rivera
MarianaGuida
Mario ArmandoSandoval Islas

The origin of the doctrine of conventionality control is closely linked to constitutional review. The first person to use the term within the Inter-American Human Rights System (IAHRS) relied on the concept of constitutional review. This doctrine is understood by the Inter-American Court of Human Rights (IACtHR) as an institution designed to apply International Law, particularly International Human Rights Law (IHRL)—specifically, the American Convention, its sources, and the Court’s own jurisprudence—as an obligation of every branch, body, or public authority of a State Party to the American Convention, acting within the scope of their respective competencies and applicable procedural rules, with the purpose of ensuring that the rights of persons under their jurisdiction are respected and guaranteed.

Nearly 20 years after the creation of the doctrine of conventionality control, it seems timely, within the framework of this Congress, to reflect on its capacity to dismantle the structures of inequality present in the Latin American region, even altering the distribution of power established by the State’s Political Constitution and the role of the Region’s High Courts of Justice in fulfilling this objective.

Consequently, we welcome papers that allow us to reflect—preferably, though not exhaustively—on the following questions:

  • Is conventionality control effective in dismantling structural inequality in the region?
  • Is conventionality control a limitation on State sovereignty that exceeds the faculties of the Inter-American Court of Human Rights?
  • Is conventionality control an institution without conventional basis used to interfere in the internal affairs of States Parties to the American Convention?
  • Should bodies whose constitutional function is to issue domestic norms—constitutional and legal—exercise effective conventionality control?
  • Is there an effective application of conventionality control by the Region’s High Courts?
  • Are the courts of justice the guarantors of the exercise of conventionality control?

This Workshop is intended to promote an open debate on the effectiveness of the IAHRS and as part of the celebration of the 20th anniversary of this doctrine, to be marked in 2026. It will also allow us to pay tribute to former IACtHR Judge Sergio García Ramírez.