This chapter examines the interaction between constitutional law and international human rights law in three Latin American countries: Argentina, Chile, and Colombia. The chapter discusses these countries as exemplary because they... more
This chapter examines the interaction between constitutional law and international human rights law in three Latin American countries: Argentina, Chile, and Colombia. The chapter discusses these countries as exemplary because they reveal the varying levels of integration between domestic and international law in Latin America. In Argentina and Colombia, courts rely extensively on international human rights treaties in local adjudication. In contrast, Chilean courts’ use of international human rights standards is inconsistent. Several Latin American countries have adopted the block of constitutionality doctrine, whereby national judges must not only consider domestic norms when deciding cases involving fundamental rights, but also international treaties and the interpretation of such treaties by international courts. In other countries, such as Argentina, constitutional amendments specifically incorporate a large number of international human rights treatises into the constitution. These three case studies—followed by a set of questions directed to instructors and students—enrich a broader legal debate, namely, how domestic courts interpret and enforce international human rights norms.