Disappearances in the Post-Transition Era in Latin America

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.

Author(s):  
Alexandra Huneeus

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.


2017 ◽  
Vol 59 (4) ◽  
pp. 75-98 ◽  
Author(s):  
Michelle L. Dion ◽  
Jordi Díez

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.


2017 ◽  
Vol 44 (5) ◽  
pp. 183-206 ◽  
Author(s):  
Marie-Christine Doran

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.


2004 ◽  
Vol 36 (3) ◽  
pp. 423-450 ◽  
Author(s):  
FREDRIK UGGLA

During the last 20 years ombudsmen have been established in most Latin American countries. This article provides an overview of the how these institutions have evolved in six countries, particularly with regard to their political independence and strength. In spite of the potentially important role that such institutions may have in promoting public accountability, respect for human rights and the rule of law in new democracies, some ombudsmen have been more successful than others in these tasks. This article reflects on possible factors accounting for the relative effectiveness of the ombudsman, and discusses the role that this institution plays in contemporary Latin America.


Author(s):  
James C Franklin

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.


2021 ◽  
pp. 1-21
Author(s):  
Tom Ziv

Abstract The relations of the Evangelical movement and Israel have drawn the attention of many scholars of religion, public opinion, and political science in the last two decades. This study examines the influence of Evangelicals on their country's policy toward Israel. I conduct the first quantitative, cross-national research, investigating the links between the size of the Evangelical population of a country and its support for Israel. Analyzing 198 UN General Assembly votes of 18 Latin American countries from 2009 to 2019, my results show that as the Evangelical population in a country grows, so does its support for Israel. Unpredictably, I also find that a state of armed conflict between Israel and the Palestinians does not decrease the support for Israel.


Author(s):  
Mónica Serrano

This chapter explores why Latin American countries have endorsed, or objected to, the principle of the responsibility to protect. Through an exploration of the various positions held by Latin American (LA) countries in international discussions on R2P the chapter aims to account for the role that the region has played in efforts to develop and consolidate the R2P norm. It finds that those countries that experienced mass atrocities have been more willing to accept R2P. Assessments of the relative costs and benefits of a multilateral solution to atrocity crimes have been influenced by the countries’ own record of massive human rights violations and democratization process. The chapter also situates current R2P discourse and practice in a context of regional contestation over human rights and rampant criminal homicidal violence. It concludes that in such a context the capacity of LA countries to engage normatively with R2P will most likely wane.


1995 ◽  
Vol 20 (01) ◽  
pp. 79-116 ◽  
Author(s):  
Margaret Popkin ◽  
Naomi Roht-Arriaza

In recent years, Latin American countries have sought to come to terms with prior periods of widespread human rights violations, relying increasingly on investigatory commissions. Investigatory efforts have been undertaken by democratically elected governments that replaced military dictatorships, by UN-sponsored commissions as part of a UN-mediated peace process, and by national human rights commissioners. This article examines truth commissions in Chile and El Salvador, an investigatory effort in Honduras, and a proposed commission in Guatemala. It compares the achievements and limitations of these commissions within the political constraints and institutional reality of each country, focusing on four major goals: the effort to create an authoritative account of the past; vindication of victims; recommendations for legislative, structural, or other changes to avoid repetition of past abuses; and establishing accountability or the identity of perpetrators.


Author(s):  
Laura García Juan ◽  
Berta Güell Torrent

This research paper focuses on the key challenge that poses the sudden and massive reception of immigrants to build inclusive societies that guarantee peaceful coexistence between natives and newcomers. Some Latin American countries are experiencing unexpected changes in population models, resulting in receiving states of international migration flows. Yet, both the underdevelopment of legislation on immigration and the absence of public integration policies show the need to pursue successful management models as an example. This paper presents an analysis of the Spanish case study between 1998 and 2008, highlighting the driving factors that enabled the integration of newcomers in that decade. Considering the cultural proximity to Latin America and other matching contextual aspects, the article concludes with some recommendations for adopting similar migration and integration policies inspired by the Spanish case.


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