Conventionality Control as a Tool to Protect Fundamental Rights and to Avoid State Responsability

Abstract

This paper mainly focuses on the operation and the importance of «conventionality control» to be performed by judges and other public authorities in the domestic sphere to adequately protect human rights, honor international commitments in this area and, among other objectives, avoid international responsibility of the State. Such conventional examination requires verifying the consistency of domestic legal rules (which those authorities apply in specific cases) with the American Convention on Human Rights, among other international instruments constituting the interamerican corpus juris, and hermeneutical standards developed by the Inter-American Court of Human Rights in its judgments and advisory opinions.