Editors

Armin von Bogdandy (ed.), Flávia Piovesan (ed.), Eduardo Ferrer Mac-Gregor (ed.), Mariela Morales Antoniazzi (ed.)

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Description

The Inter-American Human Rights System (IAHRS) fosters structural transformations throughout the Americas. This collection of analyses builds upon the studies on Ius Constitutionale Commune en América Latina and Latin American transformative constitutionalism to map out both the ground-level human rights impact of the IAHRS and the institutional characteristics that have enabled such fundamental changes in social reality. The volume starts with essays framing the concept and context of IAHRS impact. Then it navigates thematic analyses on specific rights and types of violations that are front and center to the protection of human rights in Latin America. The concluding essays explore whether and how it is possible to optimize the actions of the Inter-American System, indicating possible paths to increase positive human rights impact. The editors contend that the IAHRS victim-centric approach, community of practice, and openness to institutional reinvention have enabled it to create a virtuous cycle that catalyzes human rights in the Americas, furthering democracy and the Rule of Law throughout the continent.

ISBN

9780197744192

DOI

https://doi.org/10.1093/oso/9780197744161.003.0003

Publication Date

2-24-2024

Book Title

The Impact of the Inter-American Human Rights System: Transformations on the Ground

First Page

34

Last Page

48

Publisher

Oxford University Press

Keywords

Inter-American Commission, human rights, human rights history, Latin America, democracy

Comments

This chapter analyzes the various roles that the Inter-American Commission on Human Rights has played during its history. The chapter distinguishes three phases: fighting dictatorship, dealing with its legacy while embracing the new democracies emerging from authoritarianism, and finally promoting inclusion by expanding the human rights narrative to positive actions including the need to protect economic, social, and cultural rights. The Western Hemisphere confronts serious challenges to democratic governance, including inequality, corruption, discrimination, and concern about security. The Commission faces a possible reversion to authoritarianism, represented by different forms of populism that present alternative narratives of human rights to address the challenges facing the Western Hemisphere. This chapter discusses the techniques and work methodologies that the Commission has used, such as visits in loco, Rapporteurships, and the case system. The chapter assesses the working methods’ impact and suitability to address the current hemispheric reality. It argues that to deliver on its mandate, it is essential that the Commission maintains its independence, which is vital for the Commission’s legitimacy and ensures its ability to take on its broad and evolving mandate. While organizationally, the Commission is dependent on States and the current challenges existing in the Western Hemisphere cannot be underestimated, the Commission’s adaptability, legitimacy, and resilience, together with the existence of vibrant civil societies and States’ support, creates an important opportunity to address the challenges of the region through human rights and democracy.

Protecting Human Rights in the Americas: The Continuous Role of the Inter- American Commission on Human Rights

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