CONVENTIONALITY CONTROL: A TOOL TO ENSURE HUMAN RIGHTS PROTECTION

Abstract

This scientific article examines the control of conventionality as a fundamental tool to ensure the protection of human rights. The control of conventionality refers to the obligation of states to harmonize their laws and internal practices with the human rights treaties and conventions they have ratified. The objectives of this study aim to explore the importance of conventionality control in strengthening human rights, highlighting its relevance both at the national and international levels. The justification lies in the significance of the topic and the need to understand the benefits of conventionality control for the protection of human rights, as well as the challenges faced in its effective implementation. The methodology employed in this study is based on a comprehensive review of existing literature on conventionality control, analysis of relevant cases and judicial decisions. Additionally, primary and secondary sources such as international treaties, reports from human rights organizations, and updated jurisprudence are utilized. The results emphasize the importance of conventionality control as a tool to strengthen human rights, promoting legal harmonization and improving governmental practices. However, challenges are also identified, including the resistance of states to the application of conventionality control and issues of interpretation and harmonization of domestic and international norms. In conclusion, this study reaffirms the relevance of conventionality control as an essential tool to ensure the protection of human rights. Despite the challenges faced, conventionality control offers opportunities to strengthen cooperation between regional and universal systems of protection and to promote the incorporation of its principles into national legal systems. With the effective implementation of conventionality control, progress can be made in the consolidation of human rights on a global level.