La referencia al derecho local en la jurisprudencia de la Corte Interamericana de Derechos Humanos

In recent years, the Inter-American Court of Human rights has incorporated the reference to domestic law in its decisions. This approach might look for an inter-jurisdictional dialogue between local and supranational courts. It is not clear, however, whether this practice has any influence in the reasoning of the Court or whether the Court would arrive at the same conclusions without any reference to domestic law. On the other hand, the methodology used by the Court has flaws, such as (1) comparing norms of different rank, (2) superficially comparing the texts of the norms without looking at how the countries apply them, and (3) omitting from the comparison many of the member states of the Inter-American system. The paper suggests domestic law might have a more active role in the reasoning of international human rights courts, and proposes some changes to the Inter-American Court methods based on the practice of the European Court of Human Rights.