The inter-American human rights system

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Abstract

This chapter examines the Inter-American Human Rights System from the perspective of its relationship to domestic Latin American legislation. It does so by focusing on the conventionality control doctrine, one of the Inter-American Court of Human Rights' most influential creations. Under this doctrine, State institutions have an obligation to monitor compliance of domestic law with the American Convention on Human Rights (ACHR) and Inter-American case law. The chapter explores the structure and scope of the doctrine and how it has been applied by the Inter-American Court and by Latin American states, focusing on issues of anti-impunity and LGBTQ+ rights. The chapter ends by presenting the view that it is impossible to understand Latin American law in isolation from Inter-American law.

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Dunkelberg, A. G. (2023). The inter-American human rights system. In Göttingen Handbook on Latin American Public Law and Criminal Justice (pp. 709–733). Nomos Verlagsgesellschaft mbH und Co KG. https://doi.org/10.5771/9783748920717-709

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