HUMAN RIGHTS LAW-CONFORMING INTERPRETATION OF NATIONAL LAW: THE CASE OF LATIN AMERICA

The Inter-American Court of Human Rights is one of the world’s most active human rights tribunals. Through an impressive case law, the Court exerts significant influence upon many Latin American states, in particular, constitutional courts.
My paper discusses the impact that inter-American human rights law has upon the interpretation of national law by domestic courts. It explores the interpretive canon of constitutionally-conforming interpretation through the distinct case of Latin American human rights and constitutional law, where domestic courts are expected to use not only their national constitutions but also international human rights law. As this model of enhanced monism is strengthened further by the use of supremacy doctrines, such as conventionality control, the paper analyzes the opportunities, tensions and challenges that conforming interpretation presents when the canon is used by courts that apply both national and international law.