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Browsing by Author "Sua, Claudia Paola Pérez"

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  • The challenges in the effective materialization of Conventionality Control (CCV): a comparative experience in Chile, Colombia and Mexico

    Institución: Fundación Universitaria Los Libertadores

    Revista: Revista Vía Iuris

    Autores: Cárdenas, Jaime Alfonso Cubides; Triana, Nathalia Chacón; Baquero, Mayra Nathalia Sánchez; Sua, Claudia Paola Pérez

    Fecha de publicación en la Revista: 2015-01-20

    Fecha de cosecha en Ciencia Nacional: 2025-09-29

    Many national legal orders have designed systems of protection of rights for its citizens; however, in many cases these are not sufficient, being the Conventionality Control an essential mechanism for the protection of Human Rights. Unfortunately, this tool lacks specific procedures that can achieve its effects on time to fulfill its objective of guarantee and protection. This article is the result of a research which reflects the need to implement and develop normativity and clear strategies, able to take Conventionality Control to produce practical effects, not just paper statements. likely to perpetuate the breach or deny the respective claims arising from violations of human rights by the Member States of the American Convention on Human Rights. The observations above are the result of case studies in Chile, Colombia, and Mexico, which have been chosen given the manifestations of the Conventionality Control in their legal systems. Human Rights as an innate condition of a person should be flag of the acting of each State, and when these fail there must be another mechanism -hierarchically higher than domestic laws- that permits their effective protection and guarantee.
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