This means that although - in principle - the Mexican courts and judges
remain subject to the observance and application of domestic law, when the
Mexican State has ratified an international treaty such as the American
Convention, they, as part of the State apparatus, are also subject to it.
Therefore, they are obligated to ensure that the effects of its provisions are
not impaired by the application of laws contrary to its object and purpose,
through the exercise of conventionality control between domestic legal
provisions and the American Convention on Human Rights; and any
interpretation of that Convention made by the Court, as the final interpreter.
(Emphasis added).
81.
The above standard is reflected in Thesis XI.1º.A.T.47 K, with the following
title and text: 114
CONVENTIONALITY CONTROL AT THE DOMESTIC LEVEL. MEXICAN COURTS
ARE REQUIRED TO EXERCISE IT.
In matters of human rights, the courts of the Mexican State should not limit
themselves solely to applying local laws, but also the Constitution, and
international treaties or conventions in accordance with the jurisprudence of
any of the international courts that interpret treaties, pacts, conventions or
agreements signed by Mexico. This requires them to exercise
conventionality control between domestic and supranational legal standards,
which implies abiding by and applying legislative and any other measures in
their jurisdiction to ensure respect for the rights and guarantees, through
policies and laws that protect them. (Emphasis added).
82.
Likewise, the Fourth Collegiate Court on Administrative Matters of the First
Circuit, sitting in the Federal District, upon deciding the direct amparo 505/2009,
on January 21, 2010, upheld the Thesis I.4º.A.91 K, with the following title and
text: 115
CONVENTIONALITY CONTROL. MUST BE EXERCISED BY THE JUDGES OF
THE MEXICAN STATE IN MATTERS SUBMITTED TO THEIR CONSIDERATION
IN ORDER TO ENSURE THAT DOMESTIC LAWS DO NOT CONTRAVENE THE
OBJECT AND PURPOSE OF THE AMERICAN CONVENTION ON HUMAN
RIGHTS.
The Inter-American Court of Human Rights has issued standards in the
sense that when a State, in this case Mexico, has ratified an international
treaty such as the American Convention on Human Rights, its judges, as
part of the State apparatus, must ensure that the provisions contained
therein are not impaired or limited by domestic rules that contravene its
object and purpose. Therefore, they must exercise "conventionality control"
between the provisions of domestic law and the Convention itself, taking
into account not only the treaty but also the interpretation thereof. This is
important for the organs responsible for judicial functions, since they must
try to suppress, at all times, practices that tend to deny or restrict the right
of access to justice. (Underlining added).
114
Published in Semanario Judicial de la Federación y su Gaceta, Ninth Period , TCC, Tome XXXI,
May 2010, p. 1932.
115
Published in Semanario Judicial de la Federación y su Gaceta, Ninth Period , TCC, Tome XXXI,
March 2010, p. 2927.
31
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