32
Convention between domestic legal norms and the American Convention on
Human Rights; indeed the interpretation of such a convention would have
made the Court, as the final interpreter. (Emphasis added).
81.
The foregoing standard is reflected in the Thesis XI.1º.A.T.47 K, whose
rubric and text is:115
CONTROL OF CONFORMITY WITH THE CONVENTION AT THE DOMESTIC
LEVEL. MEXICAN TRIBUNALS ARE OBLIGATED TO EXERCISE IT.
In the case of human rights, the courts of the Mexican State, as they should
not be limited to apply only the local laws, but also the laws of the
Constitution, treaties, or international conventions under the jurisprudence
of any international court that carry out the interpretation of treaties,
agreements, conventions or agreements signed by Mexico; this forces to
exercise control of conformity with the Convention among the domestic legal
and supranational levels, because it implies abiding by and implementing in
their jurisdiction, including the legislative, measures of any order to ensure
respect for the rights and guarantees, through policies and laws that
guarantee. (Emphasis added).
82.
Moreover, the Fourth Collegiate Tribunal on Administrative Matters of the
First Circuit, with residence in the Federal District, upon deciding the direct amparo
505/2009, on January 21, 2010, has maintained the thesis I.4º.A.91 K, whose
rubric and text are:116
CONTROL OF CONFORMITY WITH THE CONVENTION. MUST BE EXERCISED
BY THE JUDGES OF THE MEXICAN STATE IN MATTERS SUBMITTED FOR
CONSIDERATION IN ORDER TO VERIFY THAT THE DOMESTIC LAWS DO NOT
INFRINGE THE OBJECT AND PURPOSE OF THE AMERICAN CONVENTION ON
HUMAN RIGHTS.
The Inter-American Court of Human Rights has issued standards in the
sense that when a State, as in this case Mexico, has ratified an international
treaty such as the American Convention on Human Rights, its judges, as
part of the State apparatus should ensure that the provisions contained
therein are not adversely affected or limited by domestic rules that run
counter to its object and purpose, so they must exercise "control of
conformity with the Convention" between the rules of law and the
Convention itself, taking into account not only the treaty but also the
interpretation of it. This becomes important for those organs that are
responsible for judicial functions, since they must attempt to remove at any
time, practices that tend to deny or define the right of access to justice.
(Underlining added).
83.
This demonstrates the beginning of the practice of "diffused control of
conformity with the Convention" in the Mexican judicial system, in line with InterAmerican conventional jurisprudence and with examples of the high courts of Latin
115
Published in the Semanario Judicial de la Federación y su Gaceta, Novena Época, TCC, Tome
XXXI, May 2010, p. 1932.
116
Published in Semanario Judicial de la Federación y su Gaceta, Novena Época, TCC, tome XXXI,
March 2010, p. 2927.
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