Singular aspects of conventionality, supported by judgments of the Inter-American Court of Human Rights

Abstract

This research invites reflection on specific and particularly nuanced aspects of the control of conventionality, grounded in recent rulings of the Inter-American Court of Human Rights. It examines issues of significant contemporary relevance, such as binding precedent and the erga omnes effects of conventional judgments, as well as the obligation of States to harmonize their domestic legislation in order to ensure the effective implementation of human rights at the national level. It also seeks to draw attention to emerging developments in the Court’s case law, addressing vital issues that contribute to a deeper understanding of what constitutes a dignified life, including aspects of environmental protection, ecological omission, and the cultural worldview of environmental stewardship. Furthermore, it highlights key areas in which the Inter-American Court has refined and evolved its initial doctrines, such as the notion of communal property of indigenous peoples, the principle of non-regression, and the duty to provide reasoned decisions, among other relevant developments. Methodologically, this study is based on an updated state-of-the-art review, drawing upon the American Convention on Human Rights and the jurisprudence of the Inter-American Court of Human Rights, whose ongoing dynamism continually reshapes the foundational pillars of interpretation, enriching them with new connotations aimed at achieving stronger protection.