Article by Nicol√°s Carrillo-Santarelli. Opinio Juris.
May 30, 2020.
The Inter-American Court of Human Rights (hereinafter, also the Court) adopted an important decision in the context of the COVID-19 pandemic the 26th of May -which has the potential to have an impact beyond the specific situation analysed by the Court in relation to detention centres in Panama, considering how the problems examined by the Court also exist elsewhere. This potential regional -or even beyond the Americas- impact can take place by virtue of the replication or consideration of the interpretation provided by the Court in relation to analogous rights.
But even more strongly in the jurisdictions subject to the Inter-American system of human rights, this may be caused by the internalisation of the Court’s own doctrine of the control of conventionality, according to which the organs and agents of States that have accepted the competence of the Inter-American Court of Human Rights are required to take into account not only the Inter-American Convention on Human Rights, but also how it has been interpreted by the Court itself when discharging their duties and operating.
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