80.
Some Mexican courts have begun to exercise “diffuse conventionality
control” in light of conventional jurisprudence. Indeed, the First Collegiate Court on
Administrative and Labor Matters of the Eleventh Circuit, based in Morelia,
Michoacán, when ruling on the direct amparo 1060/2008, on July 2, 2009 (months
before the Judgment in the Case of Radilla Pacheco), referring to the Case of
Almonacid Arellano v. Chile (2006), considered the following:
In that regard, it should be established that the local courts of the Mexican
State should not limit themselves to applying only the local laws but are also
required to apply the Constitution, treaties, or international conventions and
the case-law of the Inter-American Court of Human Rights, among others,
which requires them to exercise conventionality control between domestic
and supranational legal provisions, as decided by the First Chamber of the
Supreme Court when ruling on the direct amparo under review 908/2006,
promoted by Nahum Ramos Yescas, at the session held on April 18, 2007,
when it stated that:
"The concept of the best interest of the child has been interpreted by
the Inter-American Court of Human Rights (whose jurisdiction the Mexican
state accepted on March 24, 1981, upon ratifying the American Convention
on Human Rights and whose standards, therefore are mandatory.”
(…)
Then, the First Chamber of the Supreme Court of Justice considered
that, given that Mexico accepted the American Convention on Human
Rights, it also accepted the interpretation of said Convention made by the
Inter-American Court of Human Rights; consequently, this collegiate court
considers that all State courts are required to exercise conventionality
control to settle any matter submitted to their jurisdiction, as established by
the Inter-American Court in its ruling in the case of Almonacid Arellano et al.
v. Chile, in the judgment issued on September 26, 2006.
Thus, the domestic judicial organs are obliged to exercise
'conventionality control,' with respect to acts of authority, including general
standards, in accordance with the powers conferred upon them by the codes
to which they are subject and the provisions of international human rights
law, to which they are bound through the signing or ratification of treaties or
conventions by the President of the Republic. This seeks to ensure that
domestic provisions conform to the State’s international commitments,
which entail certain duties and recognize certain rights for individuals; such
control is deposited in international-or supranational-courts, as well as in
domestic courts, which are entrusted with the new regional justice system
on human rights and have the additional obligation to adopt within their
legal system, both the standards and the interpretations thereof, through
policies and laws that ensure respect for human rights and their guarantees,
which are expressed in their national constitutions, and of course in their
international treaty commitments.
Consequently, it is necessary to establish that the authorities of the
Mexican State have the ineludible obligation to observe and apply in their
domestic jurisdictions-- as well as in the legislative sphere-- actions of any
other nature to ensure respect for the rights and guarantees, not only of the
Constitution and its domestic provisions but also of the international treaties
to which Mexico is party and the interpretations of its provisions carried out
by international bodies; this serves to confirm that all courts must carry out
diffuse conventionality control, to settle the matters submitted to their
jurisdiction.
(…)
30
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