Judicial independence and conventionality control

Abstract

The control of conventionality is a mechanism exercised by the Inter-American Court of Human Rights when domestic law is incompatible with the American Convention on Human Rights or other treaties that are part of the Inter-American System. This involves conducting a normative comparison in a specific case, issuing a judicial ruling, and ordering the modification, repeal, annulment, or reform of domestic norms or practices, as appropriate, to protect human rights and guarantee the supremacy of the American Convention on Human Rights.The constitutional standards, principles, or guidelines developed by the Inter-American Court of Human Rights through its jurisprudence and advisory opinions are binding on the States that are part of the Inter-American System for the Protection of Human Rights. These standards, principles or guidelines that form part of the Conventionality Control constitute a constitutional legal basis that should be taken into account by States when adapting and perfecting their constitutional systems and Internal Law.