Abstract

RENTERIA BARRAGAN, Luis Fernando. The first implementation of conventionality control in México: Before the theory of human rights constitutional restrictions. Derecho glob. Estud. sobre derecho justicia [online]. 2024, vol.10, n.28, pp.115-137.  Epub Feb 28, 2025. ISSN 2448-5136.  https://doi.org/10.32870/dgedj.v10i28.508.

Since 2011, the Supreme Court of Justice of Mexico began the implementation of the doctrine of conventionality control, as the duty of all Mexican judges (both local and federal) to protect international human rights, including those against internal law. Nevertheless, since 2013, the same Court began the construction of a theory of human rights constitutional restrictions, currently in force (although with nuances), which is notably different from the originally proposed model. This work attempts to recover some of the most relevant ideas of the first implementation, in order to explore the possibility of recovering the first model as much as possible, for up to this day this model continues to appear as the ideal one for the effective protection of rights in Mexico.

Keywords : Conventionality control; treaties hierarchy; federal judges; state judges; pro persona principle..

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