TRABAJO DE DERECHO DISCIPLINARIO

Karen Yisela Ovallos Carrascal. Cod. 241651

ESTUDIANTES

Fernanda Liliana Coca Medina

DOCENTE

UNIVERSIDAD FRANCISCO DE PAULA SANTANDER OCAÑA,

Facultad de Educación, Artes y Humanidades
Departamento de Derecho y Ciencias Políticas

Ocaña, Marzo 202

On the 'Control de Convencionalidad' Doctrine: a Critical Appraisal of the Inter
American Court of Human Rights' Relevant Case Law

WORK:
1. IN A MAXIMUM OF 2 LEGAL SIZE SHEETS, YOU MUST ANSWER
IN ENGLISH:
a. What is the main idea of the article?
b. What ś conventionality control?
c. Under what principle governing disciplinary law can conventionality control be used?
d. Create a case (example) through which conventionality control can be used in
disciplinary law.

ANSWER:
B) What is conventionality control?
The Control of Conventionality is a concept that is in continuous doctrinal and
jurisprudential development, its objective is to ensure the protection and respect of the
human rights of people by all States, this protection is called as an international obligation
that they acquire States that sign international treaties, such as the Inter-American
Convention on Human Rights. To ensure the foregoing, States must opt for the creation of
mechanisms or tools whose main objective is to comply with international obligations. In
the case of Colombia, the Special Jurisdiction for Peace created by virtue of the Final Peace
Agreement, has the function of protect the rights of the remaining victims of the armed
conflict, such as truth, justice, reparation and non-repetition, and ensure the maintenance of
peace.
There are two kinds of Conventionality Control, the first one is a Concentrated
Conventionality Control, which is exercised mainly by the bodies of the Inter-American
Human Rights System, that is, by the Inter-American Commission on Human Rights and
the Inter-American Court of Human Rights. , its main function is to analyze the situation
that led to the violation of the right, for which, the affected party must complete the process
of exhausting the internal defense mechanisms, and later, go to the inter-American
jurisdiction, it must also tend to guarantee to the injured person the protection of human
rights and likewise, an indemnity by way of reparation for damages. The second class of
Conventionality Control is the diffuse one, which seeks that national judges, due to the
power to administer justice conferred through the Constitution, carry out a comparison
analysis between an internal law and the Corpus Juris, including additional protocols. ,
jurisprudence and doctrine of the Inter-American Court of Human Rights.
In conclusion, the doctrine and jurisprudence have endeavored to develop a concept known
as Conventionality Control, which is a mechanism that aims to adopt measures to protect
Human Rights and to help States comply with their international obligations.