Application of the Control of Conventionality in the Internal Order in cases of Political Lawsuits

Abstract

Control of conventionality in the domestic order since its inception has experienced various obstacles that have sometimes prevented full respect for international human rights law by national jurisdictions; Without a doubt, the issue that par excellence occupies us at the center of the debate is the hierarchy between international law and domestic law, specifically the Constitution and its relationship with international human rights treaties. Well, derived from the conflicts that originate in these areas and depending on which of these areas has primacy over the other, the way in which the human rights contemplated in the constitutions of each State will be protected will be noticed.

The objective of this essay is to highlight the most important aspects of the control of conventionality in the internal order in case of political trials, analyzing the standards established by inter-American jurisprudence. Article 23 of the American Convention on Human Rights contemplates the fundamental right to participate in public service with equal opportunities, this can be interpreted, not only in relation to the right to vote, but also in relation to the right of public officials to exercise their rights. functions of the position, depending on whether they have acceded to it by election or by appointment.