From Compliance to Engagement: Assessing the Impact of the Inter-American Court of Human Rights on Constitutional Law in Latin America

2018 ◽  
pp. 115-141 ◽  
Author(s):  
Marcelo Torelly
Keyword(s):  
Human Rights ◽  
Latin America ◽  
Constitutional Law ◽  
The Impact

Constructing “The Same Rights with the Same Names”: The Impact of Spanish Norm Diffusion on Marriage Equality in Argentina

2012 ◽  
Vol 54 (4) ◽  
pp. 29-59 ◽  
Author(s):  
Elisabeth Jay Friedman
Keyword(s):  
Human Rights ◽  
Latin America ◽  
External Force ◽  
Development Aid ◽  
Marriage Equality ◽  
Sexual Diversity ◽  
Resource Transfer ◽  
Norm Diffusion ◽  
The Impact ◽  
Strategic Consulting

AbstractThis article argues that Spain has been the driving external force in the advancement of LGBT rights in Latin America, from marriage in Argentina to the regional recognition of “sexual diversity rights” as human rights. Acting as “norm entrepreneurs,” Spanish activists and organizations, relying on development aid, have promoted their perspectives through two approaches: strategic consulting and resource transfer. Their diffusion is illustrated primarily by the Argentine case. There, activists underwritten by Spanish resources have borrowed Spanish strategies to achieve “the same rights with the same names.” Besides broadening our understanding of the struggle for LGBT equality in Latin America, this article deepens the explanation of norm diffusion, focusing on emergence. In this stage, specific individuals and organizations deliberately select appropriate “targets” for and moments of intervention. But norm “receptors” must also be ready for action.

The Inter-American Court of Human Rights

2018 ◽  
Author(s):  
Alexandra Huneeus
Keyword(s):  
Human Rights ◽  
Latin America ◽  
Case Studies ◽  
Latin American ◽  
Constitutional Reform ◽  
Constitutional Order ◽  
The Impact ◽  
Latin American Countries

This chapter seeks to explain why the impact of the Inter-American Court of Human Rights varies greatly across the different Latin American countries under its jurisdiction. Three case studies suggest that the uneven spread of constitutional ideas and practices across Latin America helps shape the type of authority the IACtHR exerts. In Colombia, where neoconstitutionalist lawyers were able to successfully ally themselves with reformers and participate in the construction of a new constitution and court starting in 1991, the Court now enjoys narrow, intermediate, and extensive authority. In Chile, where constitutional reform was muted, and neoconstitutionalist doctrines have not found strong adherents in the judiciary, the IACtHR has achieved narrow authority and, at times, intermediate authority. In Venezuela, neoconstitutionalism was sidelined as the new Bolivarian constitutional order was forged. Meanwhile, the Mexican case study suggests that the neoconstitutionalist movement can also work transnationally.

The Impact of Human Rights Trials in Latin America

2007 ◽  
Vol 44 (4) ◽  
pp. 427-445 ◽  
Author(s):  
Kathryn Sikkink ◽  
Carrie Booth Walling
Keyword(s):  
Human Rights ◽  
Latin America ◽  
The Impact

Gandhi’s Satyagraha and its Legacy in the Americas and Africa

Social Change ◽  
2021 ◽  
Vol 51 (1) ◽  
pp. 23-37
Author(s):  
Beatriz Bissio
Keyword(s):  
Human Rights ◽  
Latin America ◽  
Latin American ◽  
Jim Crow ◽  
First Century ◽  
The Us ◽  
State And Local ◽  
Civil War Era ◽  
The 1960S ◽  
The Impact

The article addresses the impact of Mahatma Gandhi’s ideas in the US, Latin America and Africa, especially on important political figures. The influence of Gandhi’s ideas in Latin America started very early in the twentieth century. By 1930 and perhaps even earlier, important Latin American intellectuals began to refer to Gandhi, one of whom was José Carlos Mariátegui. Gandhi’s non-violent struggle also had a great impact in America, particularly in the 1950s and the 1960s, the years of peak resistance against the Jim Crow laws––a collection of state and local statutes that legalised racial segregation which had existed for about 100 years from the post-Civil War era until 1965. In the twenty-first century, the Satyagraha philosophy motivated those who were involved in the struggle for human rights, the defenders of indigenous peoples and those fighting against globalisation. We can include among them the Argentinian Nobel Peace Prize awardee Adolfo Pérez Esquivel whose work in the defence of human rights and non-violent resistance forcefully showed the influence of Gandhi and his powerful legacy.

Human Rights on the March: Repression, Oppression, and Protest in Latin America

2019 ◽  
Author(s):  
James C Franklin
Keyword(s):  
Human Rights ◽  
Latin America ◽  
Criminal Justice ◽  
Latin American ◽  
Justice System ◽  
Political Repression ◽  
Human Rights Abuses ◽  
Human Rights Movement ◽  
The Impact ◽  
Latin American Countries

Abstract This research examines the impact of human rights protests on human rights abuses in seven Latin American countries—Argentina, Brazil, Chile, Guatemala, Mexico, Nicaragua, and Venezuela. I find that protests focused broadly on human rights are associated with significant declines in human rights abuses, controlling for important factors from previous studies. Furthermore, I argue that it is important to distinguish political repression (abuses that target political activists) from coercive state oppression, which has nonpolitical targets. These two types of abuses respond to different factors, but broadly focused human rights protests are found to decrease both types of abuses. I argue further that a strong human rights movement, indicated by frequent human rights protests, discourages the police abuses associated with oppression by raising the likelihood of accountability for such abuses, including by improving the likelihood of reforms to the criminal justice system.

The Constitutional Law of Guyana

2020 ◽  
pp. 161-187
Author(s):  
Jason Haynes
Keyword(s):  
Human Rights ◽  
Constitutional Law ◽  
Constitutional Reform ◽  
Constitutional Rights ◽  
Democratic Accountability ◽  
Constitutional History ◽  
The Impact

This chapter aims to provide an authoritative account of Guyana’s intriguing constitutional history and modern constitutional landscape. It provides a unique analysis of Guyana’s constitutional antecedents, and presents a critical narrative of the nuanced features of its socialist constitution. More particularly, the chapter demonstrates how the exceptional powers of the Executive President and the uneasy relationship between the Legislature and the Executive have dominated Guyana’s recent constitutional affairs, and the impact that these developments have had on democratic accountability in that country. It also critically addresses the human rights dimensions of Guyana’s constitutional landscape, and, argues that there exists a piecemeal approach to the protection of some of the more contested constitutional rights in Guyana. Ultimately, the chapter contends that the while Guyana holds a unique place in regional constitutionalism, given its distinct constitutional antecedents and existing normative prescriptions, constitutional reform is long overdue.

scholarly journals The conservative uses of law: The Catholic mobilization against gender ideology

2020 ◽  
Vol 67 (2) ◽  
pp. 252-266
Author(s):  
Juan Marco Vaggione
Keyword(s):  
Human Rights ◽  
Latin America ◽  
Legal System ◽  
Reproductive Rights ◽  
Gender Ideology ◽  
Universal Human Rights ◽  
The Impact ◽  
Universal Morality ◽  
Sexual And Reproductive Rights

The term ‘gender ideology’ has become a conceptual and political tool used by various religious and secular actors who defend a legal system embedded in a sexual universal morality. Although the use of the term began within the Catholic sphere, it currently characterizes the politics of different countries that are facing a wave of neoconservative activism. The article analyzes the expansion and uses of this term by considering two main aspects: first, an analysis of its emergence as a strategy by the Vatican to combat the impact of Sexual and Reproductive Rights (SRR) on Universal Human Rights; second, a presentation of the appropriations and uses of the fight against gender ideology as part of a neoconservative movement in Latin America.

scholarly journals Peculiar Leap in the Protection of Asylum Seekers: The Inter-American Court of Human Rights' Jurisprudence on the Protection of Asylum Seekers

2021 ◽  
pp. 31-53
Author(s):  
Esraa Adnan Fangary
Keyword(s):  
Human Rights ◽  
Latin America ◽  
Asylum Seekers ◽  
Case Law ◽  
Asylum Law ◽  
European Counterpart ◽  
Jus Cogens ◽  
Refugees And Asylum Seekers ◽  
The Impact

This article pursues to clarify the crucial contribution of the Inter-American Court of Human Rights to protect the rights of refugees and asylum seekers. It debates that the Court has instituted its renewed jurisprudence in the sphere of refuge throughout its case-law and advisory opinionsassociated with the safeguard of refugees, specifically the Court's direction towards affirming on the extended principles affiliating to asylum. The Inter-American Court went further than its European counterpart in interpreting regional and international asylum law. However, the actual protection of asylum seekers promoted by the Court is established on some controversial concepts like jus cogens norms and obligations egra omnes. Furthermore, the Court has an unclear vision concerning asylum and refuge. This may, therefore, curb the impact of a stronger humanrights-based approach to the protection of asylum seekers in Latin America.

scholarly journals CONSTITUTIONAL COMPLAINT AS A NEW INSTITUTE OF CONSTITUTIONAL LAW OF UKRAINE

2020 ◽  
Vol 1 (3) ◽  
pp. 25-33
Author(s):  
R. V. Chernolutsky
Keyword(s):  
Human Rights ◽  
Public Relations ◽  
Rule Of Law ◽  
Constitutional Law ◽  
The State ◽  
Constitutional Court ◽  
The Rule Of Law ◽  
Protection Of Human Rights ◽  
The Individual ◽  
The Impact

The article is devoted to the analysis of the institute of constitutional complaint as a new mechanism of protection of human rights and freedoms for Ukrainian practice. The significance of the constitutional complaint as a new institution of the constitutional law of Ukraine lies in two aspects. First, it is an important additional mechanism (means) to protect individual rights and freedoms. This increases the impact of law on public relations, and the state strengthens its status as a legal entity. This also strengthens the applicability of the rule of law as one of the fundamental principles of law. Secondly, the importance of the constitutional complaint as a separate institution is related to the functioning of the Constitutional Court of Ukraine, which is legally called to ensure the supremacy of the Constitution of Ukraine. A person's appeal to a body of constitutional jurisdiction with a complaint emphasizes the closeness of the entire judicial system to a person, as well as the desire of the state to properly protect his rights. Thus, at the individual (complainant) level, the constitutional complaint increases the importance of the rule of law (due to the protection of human rights and freedoms), and at the public level (constitutional jurisdiction) - promotes the rule of law as the foundation of the entire legal system. The author reviews the current legislation in this area of relations, focuses on the features of the constitutional complaint and aspects of its significance, as well as clarifies some problematic aspects of its implementation in Ukraine. It was noted that due to this the function of protection of human rights by the Constitutional Court of Ukraine will be more effectively and fully implemented.

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