Control of Conventionality in Colombia: a guarantor proposal for its optimization

Abstract

This article proposes legal measures in order to optimize the praxis of conventionality control in Colombia. For this purpose, in principle, it addresses the examination of the background, characteristics and legal foundations of the institution, as well as the analysis of its legitimacy; further on, considering that the philosophy of the American Convention on Human Rights and Conventionality Control rests on the observance and protection of human rights, the essential basis of the legitimacy of the social State of law, it proposes the institutionalization of procedural mechanisms that They seek to reinforce their jurisdictional guarantee and binding nature. The methodology of this work is of a legal and qualitative nature, since the purpose outlined leads to the examination of the positions assumed by various authors against the control of conventionality, as well as the review and study of sentences issued by the Inter-American Court of Human Rights, whose content corroborates the binding nature of the hermeneutical rules put forward by this jurisdictional body. This work allowed us to verify that the Colombian State, contrary to the jurisprudential standards emanating from the IACHR, which require its application by the public authorities of the States party to the American Convention on Human Rights, has not yet permeated the generality of judicial scenarios. and administrative, a situation that made it possible to conclude, from a guaranteeist perspective, the need to establish in the Political Constitution the aforementioned mechanism to achieve its effectiveness and thereby advance in the materialization of human rights.