Julissa Mantilla has defended the legal doctrine of conventionality control as national judges in Peru face legal complaints and persecution for refusing to enforce domestic impunity rules. Mantilla confirmed she has offered to address Peruvian lawmakers to challenge recent efforts to undermine international human rights standards.
Critics have questioned the doctrine established by the Inter-American Court of Human Rights, arguing that the lack of explicit mention in the American Convention on Human Rights leaves it without a legal foundation. Opponents claim that judges who rely on the principle to strike down impunity measures are acting beyond their authority.
Mantilla stated that the criticism was invalid because the American Convention explicitly grants the Inter-American Court authority to interpret its treaty provisions. She said the tribunal exercises that interpretive function through its judicial rulings and advisory opinions.
Addressing arguments that the Inter-American Court should adopt the margin of appreciation doctrine used in the European Human Rights System, Mantilla said that principle is also absent from the European Convention on Human Rights. She noted that the doctrine was similarly developed through jurisprudence by the European Court of Human Rights, a detail critics had ignored.
Constitutional Court Rulings
Peru's Constitutional Court previously recognized the mandatory nature of conventionality control in a 2012 ruling. The tribunal established that constitutional magistrates were required to exercise conventionality control to resolve disputes over laws, acts, and conduct that violated the American Convention on Human Rights, regional human rights treaties ratified by Peru, ius cogens, or Inter-American Court jurisprudence.
The Constitutional Court changed its stance in 2025 during legislative debate over a measure declaring crimes against humanity subject to statutes of limitations. The shift occurred as domestic judges continued to face administrative reports and legal complaints for prioritizing international treaties over national statutes.
Senate Advisory Role
Conventionality control is a principle in international law requiring national judges to verify that domestic legislation complies with regional human rights treaties. The Inter-American Court of Human Rights, based in San Jose, Costa Rica, serves as the judicial body responsible for interpreting the treaty obligations of signatory states across the Americas.
Mantilla confirmed that she was invited to serve on the Advisory Council of the Senate Committee on the Constitution and Foreign Relations. She expressed readiness to expand her legal arguments before the panel so the committee can correct its opposition to conventionality control.
