Control de convencionalidad, deferencia internacional y discreción nacional en la jurisprudencia de la corte

Abstract

The paper reviews the issue of national discretion under the case law of the Inter-American Court of Human Rights, especially taking into consideration the conventionality control doctrine. First, the text explains the margin of appreciation doctrine and the proportionality principle in the Court's jurisprudence. They are two standards in which it is possible to analyze international deference to national authorities. Second, it describes the conventionality control doctrine, advancing a proposal for its classification that illustrates different levels of national discretion as has been defined by the Inter-American Court. The paper concludes that the different types of the conventionality control doctrine carry different degrees of international deference.