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In a significant move, the Congress of the Republic of Peru has approved Bill No. 6290, redefining its stance on the decisions of the Inter-American Court of Human Rights (IACtHR). This law, sponsored by Congressman Alejandro Muñante, aims to strengthen the country’s legal independence by freeing Peru from the obligation to adhere to guidelines stemming from IACtHR rulings in cases where Peru is not a party.

This modification to the Constitutional Procedural Code allows Peruvian judges to interpret rights in accordance with treaties and rulings that directly involve Peru without being obliged to include interpretation guidelines that the IACtHR uses in rulings from other countries. This is a very concrete and effective way to prioritize the country’s legal sovereignty.

This law has put an end to a doctrine that has been developed in the inter-American human rights system called control of conventionality. Under this doctrine, countries adapt their legislation and judicial decisions to the guidelines that the IACtHR makes regarding the American Convention on Human Rights (ACHR), regardless of whether the country is part of the case or not.

Before this new law, judges were required to issue their rulings in accordance with international human rights treaties, which are part of domestic law in the country. While the current legislation did not specify anything about the inclusion of the IACtHR’s ACHR interpretations in cases where Peru was not a party, in practice, judges implemented them as mandatory. As a result, Peru has had to pay large sums of money as compensation, for example, to terrorists.

The doctrine of control of conventionality goes against national sovereignty and several international principles. Take the example of the principle of good faith. Under this principle, Peru argues that when signing the ACHR in 1969, there was nothing regarding the control of conventionality, so it would be contrary to good faith to impose a certain doctrine on judges when they decide cases. There is also the principle of pacta sunt servanda, which establishes that agreements are binding and obligates Peru to comply with what is stipulated in the ACHR, and, regarding the Optional Protocol, what the IACtHR establishes in cases where the country is a party.

The passage of this law carries special relevance in the international context we are currently experiencing. The IACtHR has determined that between November 11 and 29, it will rule on the case Beatriz v. El Salvador, in which it is expected that the Court will decide whether or not there is a right to abortion. Many countries in the region, which followed the same doctrine as Peru before the passage of this law, will view the Court’s decision as mandatory and modify many of their internal provisions to align with the Court’s guidelines. This could potentially lead to the decriminalization of abortion, perhaps through more litigation, or in the worst-case scenario, establish abortion as a right.

Numerous individuals and groups have expressed their desire for the IACtHR to be impartial, but it should not be overlooked that at the same time, it has received funding to rule in favor of abortion.

Muñante, known for his pro-life activism, considers this law an example for all of Latin America, showing how countries can defend their jurisdiction against external interference while strengthening judicial independence and national sovereignty.

Read the Spanish version of this article here.

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