This contribution aims to elaborate on the intricate relationship between the Inter-American System for the Protection of Human Rights (IASHR) and those national institutions that reflect the division of powers: the judiciary, legislative power and executive power. It takes into account the specific functions devoted to the IASHR and the peculiarities of the Latin American context. The author focuses on the impact of the decisions taken both by the Inter-American Court of Human Rights (IACtHR) and the Inter-American Commission on Human Rights (IACmHR) on domestic judges, parliaments and governments, offering a synthetic comparative analysis of the mechanisms used to incorporate international standards at the national level. The article explains how the IASHR affects the abovementioned subjects. The analysis is construed through the paradigms of the ius constitutionale commune of human rights (a project carried out at the Max Planck Institute, Heidelberg) and in particular in the light of two core principles: dialogue and legal pluralism.
The importance of the Relationship between Domestic Institutions and the Inter-American System of Protection of Human Rights
RAGONE SABRINA
2016
Abstract
This contribution aims to elaborate on the intricate relationship between the Inter-American System for the Protection of Human Rights (IASHR) and those national institutions that reflect the division of powers: the judiciary, legislative power and executive power. It takes into account the specific functions devoted to the IASHR and the peculiarities of the Latin American context. The author focuses on the impact of the decisions taken both by the Inter-American Court of Human Rights (IACtHR) and the Inter-American Commission on Human Rights (IACmHR) on domestic judges, parliaments and governments, offering a synthetic comparative analysis of the mechanisms used to incorporate international standards at the national level. The article explains how the IASHR affects the abovementioned subjects. The analysis is construed through the paradigms of the ius constitutionale commune of human rights (a project carried out at the Max Planck Institute, Heidelberg) and in particular in the light of two core principles: dialogue and legal pluralism.I documenti in IRIS sono protetti da copyright e tutti i diritti sono riservati, salvo diversa indicazione.
