Between the reception and default of an international obligation

Conventionality control in the State Council

Abstract

The promotion and defense of Human Rights, today, is an essential aspect for American States. A major factor that has allowed the development of the International Law of Human Rights is the American Convention on Human Rights, whose second article gives foundation to what would be called by the Inter American Court as “control of conventionality”. This control, which today has become in an obligation of each State which has ratified the Convention mentioned, implies that the various state authorities consider the harmony between domestic law and inter-American law, to avoid infringement of the American Convention. In the Colombian case, is important to analyze how has been the reception of conventionality control in the jurisprudence of the State Council, because this judicial corporation knows many cases where is disputed not only the responsibility of the State but also the possible discussion violation of human rights, making necessary the use of the control studied. From the use, development and importance given to such control by the State Council may be terminated if it is in a high, middle, low or no reception.