Winning entries of the “Justice and Conventionality” competition

Fecha: (6/28/2016 9:53:23 AM)

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SanJosé, CostaRica, June 24,2016. The IIHR announces the decision of the jury in the “Justice and Conventionality” competition that was sponsored by the Regional International Law and Access to Justice in Latin America program (DIRAJus) of the Deutsche Gesellschaftfür InternationaleZusammenarbeitGmbH(GIZ).

The IIHR thanks the jury, comprised of Mariela Morales,FlaviaPiovesanand Florentín Meléndez, for their collaboration in promoting the concept of the control of conventionality in the daily work of national justice. This appreciation extends to all of those who participated in the competition by selecting and submitting the decisions that, in their opinion, met the standards of the competition .


Criteria of the jury

  First place was awarded to the Constitutional Chamber of the Supreme Court of El Salvador, which based its decision on domestic norms and jurisprudence and that of the International Law of Human Rights, including the Universal Declaration of Human Rights, the Declaration on the Protection of All Persons from Enforced Disappearance and the Inter-American Convention on Forced Disappearance of Persons. In addition the decision referred to judgments of the Inter-American Court of Human Rights in stating that forced disappearances imply “a crass abandonment of the basic principles on which the Inter-American System of Human Rights is based ”.

In the jury’s opinion, the judgment will contribute to a more effective access to justice for the victims of forced disappearances by ordering an investigation into the events regarding the military operations in the case and that all the information on the case be made available .

  Second place was awarded to the decision of the Second Chamber of the Supreme Court of Mendoza, Argentina, which, in addition to utilizing Comparative Law, applied national and international norms, among them the American Declaration on the Rights and Duties of Man, the American Convention on Human Rights, the Minimum Rules for the Treatment of Prisoners, the Principles and Best Practices on the Protection of Persons Deprived of Liberty in the Americas and the Body of Principles for the Protection of All Persons Under Any Form of Detention or Imprisonment. In addition, it cited judgments of the Inter-American Court, the European Tribunal of Human Rights and the decisions and precautionary measures of the Inter-American Commission on Human Rights, which also refers to this material in their reports .

The substantive part of the judgment is important since, without expressing it directly, it refers to the concept of the control of conventionality by “Ordering that the tribunals, judges of guarantees and investigative judges who order preventive detention, comply with what is established in the jurisprudence of the Inter-American Court, the reports of the Inter-American Commission, the jurisprudence of the Argentine Supreme Court, especially the “Loyo Fraire” case, and this Resolution ”.

  With respect to third place, the jury lauded the Constitutional Court of Colombia for applying the control of conventionality at the request of the petitioner and by the vote of a judge in which were developed its concept, basis and scope. The decision also cites the jurisprudence and reports of the Inter-American System and the General Observations of the Human Rights Committee of the United Nations.

The prizes

Those who submitted the winning entries are invited to participate in the XXXI VIIHR Interdisciplinary Course on Human Rights (SanJosé, CostaRica, August 22 to September 2, 2016).

  In accordance with Art.VII.4 of the  Rules

1er. place: place:A full scholarship that includes air transportation, lodging, meals and tuition .

2do. place: A half scholarship that includes air transportation, lodging and meals .

3er. place: A choice between air transportation and tuition .

In addition, they will receive a collection of books and other documents relating to human rights and a certificate of  participation.

The prizes will be awarded on August 29 at 6 pm during the XXXIV Interdisciplinary Course.

The “Justice and Conventionality” competition, a dynamic activity with the purpose of strengthening inter-American justice and the jurisprudential dialogue in the region, seeks to contribute to the integration of International Law of Human Rights into domestic law through the application of the control of conventionality in the decisions of the operators of justice .

The document that contains links to the texts of the winning judgments may be found  here

Information on the competition may be found  here