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.

Disappearances in the Post-Transition Era in Latin America

2021 ◽  
Keyword(s):  
Human Rights ◽  
Latin America ◽  
Civil Society ◽  
Best Practices ◽  
Latin American ◽  
Armed Conflict ◽  
Personal Story ◽  
Authoritarian State ◽  
Latin American Countries

The book identifies a new human rights phenomenon. While disappearances have tended to be associated with authoritarian state and armed conflict periods, the study looks at these acts carried out in procedural democracies where democratic institutions prevail. Specifically, the book manuscript analyses disappearances in four Latin American countries (Mexico, Brazil, Argentina, and El Salvador) which provide insights into the dimensions of this contemporary social problem. The theoretical framing for the volume links contemporary disappearances with certain logics that emerged in the authoritarian and armed conflict periods and continue today. It also covers the evolution of legal instruments addressing past disappearances and the current phenomenon. Each case study is introduced by a personal story of disappearance, followed by analyses. The following ‘Tools’ section sets out ‘best practices’ used by civil society groups and non-governmental organisations to address the rights of victims for truth, justice, reparations, and guarantees of non-repetition.

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.

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.

scholarly journals Monetary integration issues in Latin America: A multivariate assessment

2008 ◽  
Vol 55 (3) ◽  
pp. 279-308
Author(s):  
Jean-Pierre Allegret ◽  
Alain Sand-Zantman
Keyword(s):  
Latin America ◽  
Exchange Rate ◽  
Business Cycles ◽  
Latin American ◽  
Monetary Union ◽  
Monetary Integration ◽  
Integration Process ◽  
Common Shocks ◽  
The Impact ◽  
Latin American Countries

This paper assesses the monetary consequences of the Latin-American integration process. Over the period 1991-2007, we analyze a sample of five Latin-American countries focusing on the feasibility of a monetary union between L.A. economies. To this end, we study the issue of business cycle synchronization with the occurrence of common shocks. First, we assess the international disturbances influence on the domestic business cycles. Second, we analyze the impact of the adoption of different exchange rate regimes on the countries' responses to shocks. .

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.

The Hidden Face of Violence in Latin America: Assessing the Criminalization of Protest in Comparative Perspective

2017 ◽  
Vol 44 (5) ◽  
pp. 183-206 ◽  
Author(s):  
Marie-Christine Doran
Keyword(s):  
Human Rights ◽  
Latin America ◽  
Latin American ◽  
Criminal Behavior ◽  
Political Rights ◽  
State Response ◽  
Abusive Behavior ◽  
Derechos Humanos ◽  
America Latina ◽  
Latin American Countries

The criminalization of social movements and protest remains underanalyzed as a problem intrinsic to democracy. Comparison of two seemingly different Latin American countries with regard to the degree of violence, Chile and Mexico, suggests that, far from being caused by the dysfunction of the legal system or other institutional factors, criminalization is a specific form of retrenching on well-established civil and political rights, rendering them synonymous with criminal behavior that must be sanctioned legally, and tolerates abusive behavior by state agents toward human rights defenders, who are viewed as enemies. As such, it is key to an understanding of the current violence in Latin America. Fieldwork and interviews of human rights defenders in the two countries suggest that criminalization of collective action is a systemic state response to the intense multifaceted mobilization in favor of democracy and new generations of rights that Latin America has been experiencing “from below” during the past decade. La criminalización de los movimientos y protestas sociales sigue siendo un problema intrínseco a la democracia pero es poco analizado como tal. Una comparación del grado de violencia en dos países latinoamericanos, Chile y México, sugiere que, lejos de ser el producto del sistema legal u otros factores institucionales, la criminalización es una forma específica de reducir derechos civiles y políticos bien establecidos y convertirlos en sinónimo de comportamiento criminal que debe ser sancionado legalmente. Dicho proceso tolera el comportamiento abusivo por parte de agentes del estado hacia defensores de los derechos humanos, quienes aparecen como enemigos. Esto es crucial para entender la actual violencia en América Latina. La criminalización de la acción colectiva es una respuesta estatal sistémica a una intensa y multifacética movilización de grupos de base a favor de la democracia y nuevos derechos en esta última década.

Women’s Political Inclusion in Latin America: The Challenges of Gauging Visibility

2020 ◽  
pp. 55-70
Author(s):  
Magda Hinojosa ◽  
Miki Caul Kittilson
Keyword(s):  
Latin America ◽  
Latin American ◽  
National Survey ◽  
Political Engagement ◽  
Political Support ◽  
Descriptive Representation ◽  
Political Office ◽  
The Impact ◽  
Latin American Countries ◽  
Cross National

Chapter 3 focuses on a select set of Latin American countries (Honduras, Bolivia, Nicaragua, and Panama) where women’s legislative representation doubled from one election to the next and rose above 20 percent. Detecting the effects of quotas and descriptive representation is complicated. Available survey evidence is inadequate to discern clear patterns on how sizable jumps in the numbers of women in political office influence political engagement and support. Cross-national survey timing makes it even more difficult to gauge the impact of these changes. Further, these gains may not have always been publicly visible, and a variety of salient campaign issues and events contend for the public’s attention and may overshadow the influence of women’s election to office. Assessing changes to political engagement and political support requires precise methods. In this way, this chapter sets up the analysis using our unique survey from Uruguay.

The Challenges of the New Social and Scientific Realities in Private International Family Law – The Latin American Experience

2019 ◽  
pp. 268-292
Author(s):  
Nieve Rubaja ◽  
María Mercedes Albornoz
Keyword(s):  
Latin America ◽  
Latin American ◽  
Family Law ◽  
Private International Law ◽  
Social Changes ◽  
International Treaties ◽  
International Protection ◽  
American Experience ◽  
The Impact ◽  
Latin American Countries

Private International Family Law has been challenged by the impact of recent social changes. Such an impact is shaped by an increasing globalization, new types of families, and, especially, technology and biomedical developments. Some of the new complex situations call for the creation of original solutions. Latin American countries are making efforts to gradually include in their domestic Private International Law provisions that capture this scenario. However, some international treaties still in force in the region were drafted many years ago, reflecting cultural, religious and social conceptions which have been outgrown by new realities and principles nowadays prevailing. This chapter shows some of the difficulties, possibilities and challenges that the most relevant multilateral legal instruments currently face in Latin America. It also explores and highlights the work of several international bodies in order to achieve the international protection of families and, in particular, to guarantee the rights of children.

scholarly journals Fear for Manufacturing? China and the Future of Industry in Brazil and Latin America

2012 ◽  
Vol 209 ◽  
pp. 59-81 ◽  
Author(s):  
Rhys Jenkins ◽  
Alexandre de Freitas Barbosa
Keyword(s):  
Latin America ◽  
Latin American ◽  
Industrial Sector ◽  
Export Markets ◽  
Technology Products ◽  
The Us ◽  
Manufactured Exports ◽  
The Impact ◽  
Latin American Countries ◽  
Considerable Concern

AbstractThere has been considerable concern in Latin America over the implications of increased competition from China for local industry. These concerns include the possibility of “deindustrialization,” the increased “primarization” of the region's exports and the difficulties of upgrading manufactured exports into higher technology products. This article examines the impact of Chinese competition both in the domestic market and in export markets on Brazilian industry. It documents the increased penetration of Chinese manufactures in the Brazilian market and the way in which Brazilian exports have lost market share to China in the US, European Union and four Latin American countries. Brazil, because of its more developed and locally integrated industrial sector, is not typical of other Latin American countries and the article also discusses the relevance of the Brazilian experience for the region as a whole.

scholarly journals The Impact of Corporate Liability on Corruption in Latin America

AJIL Unbound ◽  
2019 ◽  
Vol 113 ◽  
pp. 320-325
Author(s):  
Guillermo Jorge
Keyword(s):  
Latin America ◽  
Law Enforcement ◽  
Latin American ◽  
International Standards ◽  
Foreign Corrupt Practices Act ◽  
The Impact ◽  
Corporate Liability ◽  
Latin American Countries ◽  
The U.S

Most Latin American countries are in the process of implementing international anticorruption standards, including standards for combating corporate corruption. Primarily based on the U.S. experience with the Foreign Corrupt Practices Act (FCPA), these international standards for combating corporate corruption are coalescing into a standardized paradigm, which requires states to establish corporate liability regimes that incentivize companies to prevent, self-police, and cooperate with law enforcement authorities in exchange for more lenient sanctions.

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