The Inter-American Court of Human Rights’ Doctrine of Conventionality Control

Legal Status of Advisory Opinions, and Domestic Reception

This memorandum was prepared following the Inter-American Court of Human Rights’ Advisory Opinion on the Climate Emergency and Human Rights (OC-32/25). It examines States’ positions on the doctrine of conventionality control and the binding effect of advisory opinions, both of which are critical to understanding the Opinion’s potential implementation within domestic systems across the Latin American and Caribbean region.

Part One introduces the Inter-American Court of Human Rights’ doctrine of conventionality control.

Part Two provides a concise review of how Argentina, Brazil, Chile, Colombia, Costa Rica, Ecuador, Mexico, Paraguay, and Peru have received the doctrine of conventionality control—that is, whether by embracing it, rejecting it, or demonstrating a mixed response.