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In that order, it should be established that the local courts of the Mexican
State should not limit themselves to applying only the local laws but are also
obligated to apply the Constitution, treaties, or international conventions
and the jurisprudence of the Inter-American Court of Human Rights, among
others, which obligates them to exercise the control of conformity with the
Convention among the domestic legal and supranational norms, as was
considered by the First Chamber of the Supreme Court of the Nation, upon
solving the direct review under 908/2006, promoted by Nahum Ramos
Yescas, at the session held on April 18 two thousand seven, when it was
determined that:
"The concept of best interest of the child has been interpreted by the
Inter-American Court of Human Rights (whose jurisdiction the Mexican state
accepted on March 24,1981, upon ratifying the American Convention on
Human Rights and whose standards, therefore are mandatory.”
(…)
Then, upon the First Chamber of the Supreme Court of Argentina
having considered that given that Mexico accepted the American Convention
on Human Rights, it also acknowledged the interpretation of said Convention
made by the Inter-American Court of Human Rights, which leads the
appellate court to consider that all State courts are obligated to exercise
control of conformity with the Convention to resolve any matter under its
jurisdiction, as stated by the Inter-American Court decision cited in the case
of Almonacid Arellano et al. v. Chile, in a ruling issued on September
twenty-six, two thousand six.
Hence, the national judicial bodies are obliged to exercise 'control of
conformity with the Convention,' with respect to acts of authority, including
general standards, pursuant to the authority conferred upon them by the
codes to which they are subject and the provisions of international law of
human rights, to which they are bound by the conclusion or ratification of
treaties or conventions of the President of the Republic, which aims to
create conformity among the domestic acts and international commitments
of the State, which generate it certain duties and recognize certain rights for
individuals; a control which remains in international-or supranationaltribunals, as well as in the national ones, who therefrom entrust them with
the new regional courts of human rights and acquire further obligation to
adopt in their legal apparatus, both the norms and the interpretation
thereof, through policies and laws that guarantee respect for human rights
and guarantees, expressed in their national constitutions, and of course in
their international treaty commitments.
Because of this, it is necessary to establish that the authorities of the
Mexican state have the unavoidable obligation to observe and apply in their
domestic jurisdiction-- as well as in the legislative-- actions of any other
order to ensure respect for the rights and guarantees, not only of the
constitution and internal rules but also of the international conventions to
which Mexico is party and the interpretations of its provisions carried out by
international bodies; which leads to substantiate that all courts must carry
out the diffused control of conformity with the Convention, to resolve the
issues under its jurisdiction.
(…)
This means that although the Mexican courts and judges, in principle,
are subject to the observance and application of the rule of national law;
when the Mexican State ratified an international treaty, the American
Convention, as part of the State apparatus, they also are subject to it,
therefore, are obligated to ensure that the effects of the provisions that
make it up are not diminished by the application of laws contrary to its
object and purpose; through the exercise of control of conformity with the
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