CONCURRING OPINION OF AD HOC JUDGE EDUARDO FERRER MAC-GREGOR POISOT REGARDING THE JUDGMENT OF THE INTERAMERICAN COURT OF HUMAN RIGHTS IN THE CASE OF CABRERA GARCÍA AND MONTIEL FLORES v. MEXICO, NOVEMBER 26, 2010 I. INTRODUCTION 1. The Inter-American Court of Human Rights (hereinafter the “Inter-American Court ” or the “Inter-American Court”) has reiterated in the case at hand, by unanimity, its doctrinal jurisprudence on “conventionality control.” I consider it timely to issue this concurring opinion in order to highlight the new considerations and clarifications rendered on this doctrine in this Judgment, as well as to emphasize its importance for the Mexican judicial system, and in general, for the future of the Inter-American System for the Protection of Human Rights. 2. As the judges comprising the Inter-American Court . in the present matter, we deliberated on several aspects of the “conventionality control” at two different moments, as is evident from the two sections of the Judgment rendered in the Case of Cabrera García and Montiel Flores v. Mexico (hereinafter “the Judgment”). First, upon dismissing the preliminary objection raised by the respondent State, regarding the alleged lack of jurisdiction of the Inter-American Court . as a “court of appeals” or “fourth instance”; 1 second, upon establishing the measures of reparation stemming from the breach of certain international obligations, particularly in the chapter on “Guarantees of non-repetition” and specifically in the section on the necessary “Adaptation of domestic law to international standards of justice.” 2 3. For the purposes of greater clarity, we will address the following separately: a) the preliminary objection filed, considering that the Inter-American Court . lacked jurisdiction based on the argument of “fourth instance” due to the domestic courts exercising “conventionality control” (paras. 4 to 12); b) the principal characteristics of the “diffused conventionality control” and its details in the present case (paras. 13 to 63); c) the implications of this jurisprudential doctrine in the Mexican legal system (paras. 64 to 84), and d) some general conclusions regarding the importance of this fundamental doctrine of the Inter-American Court, which is progressively creating a ius constitutionale commune on the subject of human rights for the American continent, or at least, for Latin America (paras. 85 to 88). 1 Cf. Case of Cabrera García and Montiel Flores v. Mexico. Preliminary Objections, Merits, Reparations and Costs. Judgment of November 26, 2010, para. 12 to 22. 2 Case of Cabrera García and Montiel Flores v. Mexico, supra note 1, para. 224 to 235.