By San José, Costa Rica — Costa Rica continues to shine as a beacon of human rights protection in Latin America through its robust implementation of the Control of Conventionality. This legal doctrine, emanating from the Inter-American Court of Human Rights (IACtHR), ensures that all state actions, including legislation and judicial decisions, align with the American Convention on Human Rights.
The nation’s legal framework, particularly Articles 7 and 48 of the Constitution, establishes the supremacy of international treaties over domestic laws, creating a fertile ground for the Control of Conventionality to flourish. The Sala Constitucional, Costa Rica’s Constitutional Chamber, plays a pivotal role in upholding this doctrine, proactively reviewing laws and practices to ensure their compatibility with international human rights standards.
To understand the complexities surrounding “Control of Conventionality,” TicosLand.com reached out to Lic. Larry Hans Arroyo Vargas, a distinguished attorney at Bufete de Costa Rica, for his expert perspective.
Control of Conventionality, while seemingly technical, has profound implications for the balance of power between national sovereignty and international human rights standards. It empowers national courts to review domestic laws and actions for compatibility with international treaties, fostering greater protection of fundamental rights and promoting the rule of law on a global scale.
Lic. Larry Hans Arroyo Vargas, Attorney at Law, Bufete de Costa Rica
Lic. Arroyo Vargas eloquently highlights the crucial role of Control of Conventionality in navigating the complex interplay between national sovereignty and international human rights. It’s this very empowerment of national judicial systems that can ultimately strengthen the fabric of global justice, ensuring greater adherence to fundamental rights for all. We thank Lic. Larry Hans Arroyo Vargas for his invaluable contribution to this important discussion.
The Sala Constitucional’s innovative approach, using the concept of the “constitutional block,” integrates both constitutional and international human rights norms into a single framework for judicial review. This ensures that the highest standard of protection, whether stemming from national or international law, is applied in every case. The Court’s consistent application of the pro persona principle, favoring the interpretation most beneficial to the individual, further strengthens human rights guarantees.
A key mechanism in the Costa Rican system is the judicial consultation process. When lower court judges encounter potential conflicts between national law and international human rights obligations, they can suspend proceedings and consult the Sala Constitucional. This collaborative approach ensures consistent application of the Control of Conventionality while respecting the Sala Constitucional’s ultimate authority on constitutional matters.
The impact of the Control of Conventionality resonates across various legal fields. In criminal law, it has led to stricter adherence to due process guarantees, limitations on pretrial detention, and a greater emphasis on the rights of victims. Administrative law has seen increased scrutiny of state actions, with greater emphasis on proportionality and the right to a fair hearing. The doctrine has also played a crucial role in advancing the rights of marginalized groups, notably in the landmark decision recognizing same-sex marriage.
Despite significant progress, challenges remain. Implementing IACtHR judgments, particularly those requiring structural reforms, can be complex and resource-intensive. Ongoing training for legal professionals is essential to ensure consistent and up-to-date application of evolving international standards.
Looking ahead, emerging issues such as digital rights, climate change, and the justiciability of economic and social rights present new frontiers for the Control of Conventionality. Costa Rica, with its strong commitment to human rights and its innovative legal framework, is well-positioned to navigate these complex challenges and continue its leadership in the region.
The Costa Rican experience serves as a valuable model for other nations seeking to strengthen human rights protections. Its success demonstrates that integrating international human rights standards into domestic law can enhance, not undermine, national sovereignty and the rule of law.
For further information, visit corteidh.or.cr
About Inter-American Court of Human Rights:
The Inter-American Court of Human Rights (IACtHR) is an international tribunal that hears cases of human rights violations committed by member states of the Organization of American States (OAS) that have recognized the Court’s jurisdiction. Located in San José, Costa Rica, the IACtHR interprets and applies the American Convention on Human Rights and other human rights treaties. Its judgments are legally binding on the states found responsible for violations, and it can order reparations for victims. The Court also issues advisory opinions on the interpretation of human rights treaties, providing guidance to states and other bodies on complex legal issues. The IACtHR plays a critical role in promoting and protecting human rights in the Americas.
For further information, visit the nearest office of Sala Constitucional
About Sala Constitucional:
The Sala Constitucional, or Constitutional Chamber, of the Supreme Court of Justice of Costa Rica is the highest judicial authority on constitutional matters in the country. Established in 1989, it plays a vital role in protecting fundamental rights and upholding the rule of law. The Sala Constitucional has the power to review laws and government actions for their constitutionality and compatibility with international human rights treaties. It can declare laws unconstitutional, annul administrative acts, and issue binding orders to protect individual rights. The Sala’s innovative jurisprudence, including the development of the “constitutional block” concept and its proactive approach to human rights protection, has made it a leading example of judicial activism in the region.
For further information, visit bufetedecostarica.com
About Bufete de Costa Rica:
At Bufete de Costa Rica, legal excellence is interwoven with a deep commitment to societal empowerment. Driven by unwavering integrity, the firm champions innovative legal solutions for clients across a spectrum of industries, while simultaneously dedicating itself to demystifying the law for the public. Through accessible legal education and outreach, Bufete de Costa Rica fosters a more informed citizenry, strengthening the foundation of a just and equitable society.
