scholarly journals The Sources of Resilience of International Human Rights Courts: The Case of the Inter-American System

2021 ◽  
pp. 1-37
Author(s):  
Ezequiel Gonzalez-Ocantos ◽  
Wayne Sandholtz
Keyword(s):  
Human Rights ◽  
International Law ◽  
International Courts ◽  
American System ◽  
National Human ◽  
The Face ◽  
Training And Research ◽  
Key Sites ◽  
National Human Rights Institutions ◽  
Domestic Law

International courts (ICs) with human rights mandates have recently faced instances of backlash aiming to curb their authority. Taking cues from research on the functioning of ICs, we argue that ICs will be resilient—able to maintain their competences and authority in the face of backlash—to the extent that they are embedded in domestic “legal complexes.” Our framework identifies key sites of embeddedness and stresses the importance of synergies between them, including: (1) the incorporation of treaties into domestic law; (2) independent courts; (3) acceptance and use of IC jurisprudence by domestic judiciaries; (4) strong national human rights institutions; (5) incorporation of international law into legal training and research; and (6) the presence of NGOs that rely on ICs. This article explores resilience in the Inter-American System of Human Rights. First, we discuss and map the state of each source of resilience across Latin America. Second, we show how the activation of sources of resilience helped preserve the integrity of Inter-American institutions in the face of backlash orchestrated by several countries between 2011 and 2014.

Making Human Rights a Reality

2013 ◽  
Author(s):  
Emilie M. Hafner-Burton
Keyword(s):  
Human Rights ◽  
International Law ◽  
World Population ◽  
International Human Rights Law ◽  
Legal Norms ◽  
Human Rights Protection ◽  
National Human ◽  
The World ◽  
Protection Of Human Rights ◽  
National Human Rights Institutions

In the last six decades, one of the most striking developments in international law is the emergence of a massive body of legal norms and procedures aimed at protecting human rights. In many countries, though, there is little relationship between international law and the actual protection of human rights on the ground. This book takes a fresh look at why it's been so hard for international law to have much impact in parts of the world where human rights are most at risk. The book argues that more progress is possible if human rights promoters work strategically with the group of states that have dedicated resources to human rights protection. These human rights “stewards” can focus their resources on places where the tangible benefits to human rights are greatest. Success will require setting priorities as well as engaging local stakeholders such as nongovernmental organizations and national human rights institutions. To date, promoters of international human rights law have relied too heavily on setting universal goals and procedures and not enough on assessing what actually works and setting priorities. This book illustrates how, with a different strategy, human rights stewards can make international law more effective and also safeguard human rights for more of the world population.

24. Within the state

2017 ◽  
Author(s):  
Andrew Byrnes ◽  
Catherine Renshaw
Keyword(s):  
Human Rights ◽  
Common Law ◽  
International Human Rights ◽  
General Law ◽  
National Human ◽  
Protection Of Human Rights ◽  
The Common ◽  
Human Rights Norms ◽  
National Human Rights Institutions ◽  
Domestic Law

This chapter examines the state’s role in promoting and protecting human rights, and is organized as follows. Section 2 deals with substantive protections: the nature, status, and scope of human rights protections under national law. These include the incorporation or other use of international human rights norms in domestic law, constitutional guarantees of rights, human rights legislation, protection under the general law, including the concept of the rule of law, and the common law. Section 3 considers institutional protections of human rights. It briefly outlines the types of institutions that commonly play a role in the implementation, monitoring, and protection of human rights, including the courts, the executive, and the legislature, as well as mechanisms such as ombudsmen and national human rights institutions.

The Role of National Human Rights Institutions in Implementing Decisions of the Inter-American System: Three Recent Examples from Costa Rica

2020 ◽  
Vol 12 (1) ◽  
pp. 217-223
Author(s):  
Montserrat Solano Carboni
Keyword(s):  
Human Rights ◽  
Costa Rica ◽  
Potential Role ◽  
American System ◽  
National Human ◽  
The Future ◽  
National Human Rights Institutions

Abstract This practice note reflects on the potential role that national human rights institutions could play to promote implementation of judgments and decisions from supranational human rights bodies. In particular, it reflects on the experience the author had as head of one such institution in Costa Rica and the role she played promoting compliance by Costa Rica with cases decided by the Inter-American Court. She writes about the changing landscape of national human rights institutions in the Americas region and their potential in the future to impact implementation.

National Human Rights Institutions and Sustainable Development with Specific Reference to Selected African Examples

2020 ◽  
Vol 53 (1) ◽  
Author(s):  
John Mubangizi
Keyword(s):  
Sustainable Development ◽  
Human Rights ◽  
Best Practice ◽  
Specific Reference ◽  
African Countries ◽  
The Sustainable Development ◽  
Study Approach ◽  
National Human ◽  
Development Goals ◽  
National Human Rights Institutions

That National Human Rights Institutions (NHRIs) play an important role in the protection and promotion of human rights is a well-known fact. This has been widely acknowledged by the United Nations (UN). Also well-known is the fact that several African countries have enacted new constitutions during the last two to three decades. One of the most salient features of those new constitutions is that they establish NHRIs, among other things. Given their unique role and mandate, these NHRIs can and do play an important role in the realisation of the sustainable development goals contained in the UN 2030 Agenda for Sustainable Development. Adopting a case study approach, this article explores the role NHRIs have played in the promotion and protection of human rights in selected African countries and implications for sustainable development in those countries. The main argument is that there are several lessons African countries can learn from each other on how their NHRIs can more meaningfully play that role. Accordingly, best practice and comparative lessons are identified and it is recommended that NHRIs can contribute to sustainable development more meaningfully if they can make themselves more relevant, credible, legitimate, efficient and effective.

Advances and progress in the obligation to return the remains of missing and forcibly disappeared persons

2017 ◽  
Vol 99 (905) ◽  
pp. 709-733
Author(s):  
Grażyna Baranowska
Keyword(s):  
Human Rights ◽  
International Law ◽  
International Community ◽  
International Courts ◽  
Missing Persons

AbstractThis article analyzes the evolution in international law of the obligation to search for and return the remains of forcibly disappeared and missing persons. Receiving the remains of forcibly disappeared and missing persons is one of the primary needs of their families, who bring the issue to international courts and non-judicial mechanisms. This obligation has been incrementally recognized and developed by different human rights courts, which have included the obligation to search for and return the remains of disappeared persons in their remedies. In parallel to the development of the obligation by international courts, the international community has begun to become more involved in assisting in return of the remains of forcibly disappeared and missing persons to their families.

Domestic politics and the power to punish: The case of national human rights institutions

2017 ◽  
Vol 36 (4) ◽  
pp. 385-404 ◽  
Author(s):  
Ryan M. Welch
Keyword(s):  
Human Rights ◽  
Domestic Politics ◽  
Past Research ◽  
Domestic Institutions ◽  
Electoral Institutions ◽  
The Public ◽  
Legal Punishment ◽  
International Pressure ◽  
National Human ◽  
National Human Rights Institutions

Why do states give institutions the ability to legally punish them? While past research focuses on international pressure to delegate authority to third parties, I argue that domestic politics plays a key role. By viewing domestic politics through a principal–agent framework, I argue that the more accountable individual legislators remain to the public, the more likely it is that the legislature will delegate legal punishment authority. I focus on National Human Rights Institutions—domestic institutions tasked with protection and promotion of human rights—to build the argument. Electoral institutions that decrease monitoring of legislator agents, or institutional makeup that allows the executive to displace the public as the principal lead to National Human Rights Institutions without punishment power. Using Bayesian logistic analyses I test four hypotheses, all of which are in agreement with the argument.

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