From Compliance to Engagement: Assessing the Impact of the Inter-American Court of Human Rights on Constitutional Law in Latin America

Abstract

Torelly argues that rather than converging/complying or resisting/non-complying with the Inter-American Human Rights System, domestic judges often engage with it, producing hybrid solutions that combine constitutional and international law. From this engagement perspective, the chapter examines the role of domestic courts as one of the key actors shaping the impact of international human rights law on domestic fundamental rights. Assessing case law from Brazil, Chile, Mexico and Uruguay, the chapter addresses cases of harmonising and dissonant engagement in contrast with cases of resistance and convergence. It concludes that in the absence of possibilities of hierarchical solutions to legal conflicts, the pursuit of engagement may increase the impact of the IAHRS, and amplify the use of international human rights norms by domestic judges.