Considerations for optimizing the application of International Human Rights Law in litigation at both domestic and international levels

Abstract

This article analyzes the strategic considerations that should be taken into account to optimize the application of International Human Rights Law and its protection mechanisms in both domestic and international litigation. The author argues that an effective litigation strategy requires the proper identification of violated rights, the selection of the most relevant international instruments, the integration of jurisprudence and standards developed by universal and regional human rights bodies, and the avoidance of common mistakes such as the excessive invocation of treaties or the improper use of international precedents. The study also examines the importance of conventionality control, the complementary relationship between national and international protection systems, and the need to carefully assess when it is appropriate to bring a case before international bodies. Finally, it highlights that strategic litigation seeks not only the reparation of individual cases but also the promotion of structural changes, the strengthening of human rights protection, and the effective fulfillment of States’ international obligations.