In the jurisprudence of the Inter-American Court, the concept of "conventionality control" has emerged to denote the tool that allows States to fulfill the obligation to guarantee human rights within their domestic sphere, through the verification of the conformity of national norms and practices with the American Convention on Human Rights and its jurisprudence.
Article 2 of the American Convention on Human Rights establishes the obligation of the States Parties to adapt internal law provisions. If the exercise of the rights and freedoms referred to in Article 1 is not already ensured by legislative or other provisions, the States Parties undertake to adopt, in accordance with their constitutional processes and the provisions of this Convention, such legislative or other measures as may be necessary to give effect to those rights and freedoms.
The objective of the Organization of American States, through the American Convention, the Inter-American Commission, and the Inter-American Court, is for American countries, along with their constitutions, to progressively advance in human rights matters. By applying the tool of Conventionality Control, as well as the jurisprudence of the Court, States can ensure, respect, and promote Human Rights for their citizens.
Day by day in our country, as well as in the world, there are human rights violations by States against their citizens. The lack of knowledge among the population regarding Human Rights exacerbates the grievances against their rights, and hence the vulnerability to specific situations.
In Mexico, there is a legal remedy in human rights matters called the amparo proceeding, which aims to serve as a rapid and effective remedy as stipulated by Article 25 of the ACHR, in human rights matters to protect Mexicans from actions by authorities that could violate rights, under the light of Article 107 of the Constitution. The effectiveness of this remedy guarantees the compliance with Article 25 of the Convention, regarding a rapid and effective remedy, and therefore Article 2 on conventionality control.
At Vila, we have a team of experts in the defense of human rights, as well as in administrative law, to protect you from any act of authority that violates your human rights.
Chat With Us