Some Comments on the Inter-American Court of Human Rights’ Advisory Opinion 26/20. Certain Considerations regarding the ‘power of procedure’
Abstract
This paper provides an analysis of the Inter-American Court of Human Rights (IACtHR) Advisory Opinion OC-26/20 (AO 26). It analyzes that decision and, in broader terms, the advisory powers of the IACtHR, which have been enhanced over the years by the Court itself. The Court has made its advisory opinions binding in practice by including them in the conventionality control doctrine and by declaring them obligatory for the Inter-American Commission of Human Rights. The AO 26 is particularly important in that regard, because it shows how those decisions can affect the overall Inter-American System’s architecture. The main argument is that –on occasion–, procedural mechanisms –like an advisory opinion– are used to achieve purposes that cannot be attained using other means. This is mainly due, to the way advisory opinions are requested in the Inter-American System of Human Rights and the law that can be interpreted through them.
Received: 04.10.2022
Accepted: 05.11.2022
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Last update: 08/02/2022
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