Wavering Courts: From Impunity to Accountability in Uruguay

2013 ◽  
Vol 45 (3) ◽  
pp. 483-512 ◽  
Author(s):  
ELIN SKAAR
Keyword(s):  
Human Rights ◽  
International Law ◽  
Latin American ◽  
Public Support ◽  
Political Elite ◽  
The Public ◽  
Global Consensus ◽  
The Supreme Court ◽  
The Military ◽  
Latin American Countries

AbstractMany Latin American countries are moving towards increased accountability for past human rights violations, and there is a growing global consensus that international law does not allow some crimes simply to be exempted from prosecution. Uruguay has had a deeply split response to these developments. While the Supreme Court and the political elite increasingly pushed to end impunity, the public actually ratified the 1985 amnesty law protecting the military from prosecution in a 2009 plebiscite. The amnesty law was finally abolished by Parliament in 2011. This article traces the winding road from impunity to accountability in Uruguay in the context of substantial public support for impunity. It argues that, while the lack of judicial independence obstructed the quest for justice for many years, the combination of continued civil society demands for justice met by increasingly human-rights-friendly executives and liberal-minded judges (and lately also prosecutors) explains the recent advance in retributive justice.

scholarly journals Controversias por la administración penitenciaria en Costa Rica, en el contexto del hiperencarcelamiento

2019 ◽  
pp. 78-97
Author(s):  
Jesús Bedoya Ureña
Keyword(s):  
Human Rights ◽  
Costa Rica ◽  
Latin American ◽  
Moral Panic ◽  
Open Model ◽  
State Punishment ◽  
The Public ◽  
Derechos Humanos ◽  
America Latina ◽  
Latin American Countries

Los últimos 30 años en Costa Rica han estado marcados por una notable contradicción dentro de la administración de la justicia. Aunque las bases axiológicas del Ministerio de Justicia y Paz –encargado de gestionar las prisiones en el país– están asentadas sobre la normativa de los derechos humanos y el modelo progresivo de la pena, estos valores han sido sistemáticamente contrariados debido a la enfática legislación punitiva, la cual ha propiciado que el país destaque en los últimos años entre los cinco de América Latina con mayor tasa de encarcelamiento. Esa notable paradoja marcó un reciente y amplio debate. Durante el periodo 2015-2018, se tomaron una serie de medidas para atenuar la condición de hiperencarcelamiento, tales como los traslados extraordinarios al modelo semiinstitucional. Dichas acciones fueron percibidas por la opinión pública desde el pánico moral y la reafirmación del castigo. Este artículo retoma esa controversia, como un ámbito de análisis sugerente de aspectos complejos como la propia concepción del Estado, el castigo y la justicia.   Abstract The last thirty years in Costa Rica had been marked by an important contradiction in the aspect of justice administration. Even though the axiological bases of the Ministry of Justice and Peace –institution in charge of the prisons in the country– were raised in the human rights normative and the progressive penalty system, these values have been systematically contradicted due to the emphatic punitive legislation, which has caused the country to stand out in the last years among the five Latin American countries with the higher rate of imprisonment. This notable paradox propitiated a broad debate. Between 2015 and 2018, some measures were implemented to mitigate the condition of hyper-incarceration, like the extraordinary transfers to the semi-institutional (or semi open) model. Such measures were perceived by the public opinion from a moral panic reaction and a vindication of the punishment. This paper recovers that controversy, as a field of analysis suggestive of complex aspects such as the very conception of the State, punishment and justice.

scholarly journals When Does the Public Get It Right? The Information Environment and the Accuracy of Economic Sentiment

2021 ◽  
pp. 001041402198975
Author(s):  
Ryan E. Carlin ◽  
Timothy Hellwig ◽  
Gregory J. Love ◽  
Cecilia Martínez-Gallardo ◽  
Matthew M. Singer
Keyword(s):  
Latin American ◽  
Economic Conditions ◽  
Economic Evaluations ◽  
Government Performance ◽  
Access To Information ◽  
Government Accountability ◽  
The Public ◽  
High Quality Information ◽  
The Media ◽  
Latin American Countries

Public evaluations of the economy are key for understanding how citizens develop policy opinions and monitor government performance. But what drives economic evaluations? In this article, we argue the context in which information about the economy is distributed shapes economic perceptions. In high-quality information environments—where policies are transparent, the media is free, and political opposition is robust—mass perceptions closely track economic conditions. In contrast, compromised information environments provide openings for political manipulation, leading perceptions to deviate from business cycle fluctuations. We test our argument with unique data from eight Latin American countries. Results show restrictions on access to information distort the public’s view of economic performance. The ability of voters to sanction governments is stronger when democratic institutions and the media protect citizens’ access to independent, unbiased information. Our findings highlight the importance of accurate evaluations of the economy for government accountability and democratic responsiveness.

Latin America and the Socio-Economic Impact of the Cuban Revolution

1962 ◽  
Vol 4 (1) ◽  
pp. 105-120 ◽  
Author(s):  
Pedro C. M. Teichert
Keyword(s):  
Latin America ◽  
Economic Impact ◽  
Latin American ◽  
Cuban Revolution ◽  
Good Neighbor Policy ◽  
Socio Economic Impact ◽  
Imminent Threat ◽  
Good Neighbor ◽  
The Military ◽  
Latin American Countries

The Cuban revolution has profoundly shaken the economic and political foundation traditional in most of the 20 Latin American republics. The demand by the rest of Latin America for Cuban type reforms has also required a reappraisal of U. S.-Latin American relations, which with the breaking off of diplomatic intercourse between Cuba and the U. S., January 4, 1961, have reached their lowest point since the initiation in the mid 1930's of the Good Neighbor Policy by President Roosevelt. Furthermore, the spread of the Cuban revolution, with its ideals and aspirations for the fulfilment of the age-old political, social, and economic aspirations of the downtrodden masses, is now an imminent threat for the remaining undemocratic Latin American governments. There is no denying the fact that most Latin American countries are still run by an oligarchy of landlords and the military.

scholarly journals Democratic Values, Religiosity, and Support for Same-Sex Marriage in Latin America

2017 ◽  
Vol 59 (4) ◽  
pp. 75-98 ◽  
Author(s):  
Michelle L. Dion ◽  
Jordi Díez
Keyword(s):  
Human Rights ◽  
Latin America ◽  
Latin American ◽  
Capital City ◽  
Religious Values ◽  
Democratic Values ◽  
Same Sex ◽  
Same Sex Marriage ◽  
Same Sex Couples ◽  
Latin American Countries

AbstractLatin America has been at the forefront of the expansion of rights for same-sex couples. Proponents of same-sex marriage frame the issue as related to human rights and democratic deepening; opponents emphasize morality tied to religious values. Elite framing shapes public opinion when frames resonate with individuals’ values and the frame source is deemed credible. Using surveys in 18 Latin American countries in 2010 and 2012, this article demonstrates that democratic values are associated with support for same-sex marriage while religiosity reduces support, particularly among strong democrats. The tension between democratic and religious values is particularly salient for women, people who live outside the capital city, and people who came of age during or before democratization.

Judgment of the Supreme Court of Canada of February 28, 2020, on Nevsun v. Araya: a “quiet revolution” in the assessment of the status of corporations under public international law?

2021 ◽  
Vol 11 (2) ◽  
pp. 25-39
Author(s):  
Vera Rusinova ◽  
Olga Ganina
Keyword(s):  
Human Rights ◽  
Supreme Court ◽  
International Law ◽  
Supreme Court Of Canada ◽  
International Human Rights Law ◽  
Human Rights Law ◽  
International Human Rights ◽  
Public International Law ◽  
The Supreme Court ◽  
International Human

The article analyses the Judgment of the Supreme Court of Canada on the Nevsun v. Araya case, which deals with the severe violations of human rights, including slavery and forced labor with respect of the workers of Eritrean mines owned by a Canadian company “Nevsun”. By a 5 to 4 majority, the court concluded that litigants can seek compensation for the violations of international customs committed by a company. This decision is underpinned by the tenets that international customs form a part of Canadian common law, companies can bear responsibility for violations of International Human Rights Law, and under ubi jus ibi remedium principle plaintiffs have a right to receive compensation under national law. Being a commentary to this judgment the article focuses its analysis on an issue that is of a key character for Public International Law, namely on the tenet that international customs impose obligations to respect human rights on companies and they can be called for responsibility for these violations. This conclusion is revolutionary in the part in which it shifts the perception of the companies’ legal status under International Law. The court’s approach is critically assessed against its well-groundness and correspondence to the current stage of International law. In particular, the authors discuss, whether the legal stance on the Supreme Court of Canada, under which companies can bear responsibility for violations of International Human Rights Law is a justified necessity or a head start.

scholarly journals Maritime Piracy in the Modern Era in Latin America

2020 ◽  
pp. 121-128
Author(s):  
Amarilla Kiss
Keyword(s):  
Latin America ◽  
International Law ◽  
Latin American ◽  
Legal Aspect ◽  
Maritime Piracy ◽  
American States ◽  
The Caribbean ◽  
Domestic Law ◽  
Modern Era ◽  
Latin American Countries

Maritime piracy is an activity that was considered defunct long ago and that Latin American countries experience it again in the 21st century. Since 2016 the number of attacks has increased dramatically involving armed robbery, kidnapping and massacre. Modern day piracy has nothing to do with the romantic illusion of the pirates of the Caribbean, this phenomenon is associated with the governmental, social or economic crisis of a state. When it appears, we can make further conclusions regarding the general conditions of the society in these states. But do these attacks really constitute piracy under international law? Does Latin American piracy have unique features that are different from piracy in the rest of the world? The study attempts to answer the questions why piracy matters in Latin America and how it relates to drug trafficking and terrorism. Apart from that, the study presents a legal aspect comparing the regulation of international law to domestic law, especially to the national law of Latin American states.

Public policies of connectivity in Latin America in the context of COVID-19

2021 ◽  
Vol 12 (1) ◽  
pp. 117-136
Author(s):  
Bernadette Califano ◽  
Martín Becerra
Keyword(s):  
Latin America ◽  
Latin American ◽  
Public Policies ◽  
Regional Level ◽  
Legal Regulations ◽  
Public And Private ◽  
The Public ◽  
The Status ◽  
Telecommunications Policies ◽  
Latin American Countries

This article analyses the digital policies introduced in different Latin American countries during the first three months after the outbreak of COVID-19 reached the region (March–June 2020). This analysis has a three-fold objective: (a) to give an overview of the status of connectivity in five big Latin American countries – Argentina, Brazil, Chile, Colombia and Mexico; (b) to study comparatively the actions and regulations implemented on connectivity matters by the governments of each country to face the pandemic; and (c) to provide insights in relation with telecommunications policies in the context of pandemic emergence at a regional level. To that end, this study will consider legal regulations and specific public policies in this field, official documents from the public and private sectors, and statistics on ICT access and usage in the region.

Legal Traditions, the Universal Declaration of Human Rights, and Intercultural Professional Communication

2011 ◽  
pp. 216-246
Keyword(s):  
Human Rights ◽  
Intellectual Property ◽  
International Law ◽  
Latin American ◽  
Common Law ◽  
Civil Law ◽  
Universal Declaration ◽  
Professional Communication ◽  
Legal Traditions ◽  
Global Communications

This chapter examines the relations between rhetoric and law across cultures, grounding the discussion in U.S. common law, Latin American Civil law, and Asian law. It also explores the writing of the Universal Declaration of Human Rights as a model of developing “international” or “universal” approaches to law and human rights. It concludes by discussing recent events of international law involving intellectual property and global communications.

The Turning Point

2019 ◽  
pp. 301-352
Author(s):  
Steven K. Green
Keyword(s):  
Civil Rights ◽  
Civil Rights Movement ◽  
Vatican Ii ◽  
Common Ground ◽  
Public Support ◽  
The Public ◽  
Education Legislation ◽  
The Supreme Court ◽  
The 1960S ◽  
The Impact

This chapter examines the various events that undermined the public support for church–state separation in the 1960s. It considers the impact of Vatican II, of ecumenism, of the civil rights movement, and of federal social welfare and education legislation on Protestant attitudes. All of these events encouraged Protestants and Catholics to find common ground in working for the greater societal good. These events also suggested a model of church-state cooperation rather than one of separation. The chapter then segues to consider the various church–state cases before the Supreme Court between 1968 and 1975 in which the justices began to step back from applying a strict separationist approach to church–state controversies.

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