The IACtHR turned 40 in 2018, and in 2019 five governments belonging to the OAS signed a declaration demanding changes in its attitude towards the states subject to its jurisdiction. This text analyzes the evolution of the IACtHR taking into account, first, its legal basis and context. The critical examination then moves to the evolution of its jurisprudence, on which the author elaborates a classification into different periods which cover the time-span of the decisions, until recent cases addressing economic and social rights. Comparatively, the article contrasts the Inter-American case with the role played by the European Court of Human Rights, as well as international tribunals in general, in order to highlight the peculiarities of the American system. Finally, it offers a critical assessment of the current state of affairs, concluding with a series of reflections and innovative proposals on how to increase the Court’s legitimacy.
RAGONE, S. (2019). The Inter-American Court of Human Rights turned 40: achievements and challenges. REVISTA GENERAL DE DERECHO PÚBLICO COMPARADO, 25, 1-27.
The Inter-American Court of Human Rights turned 40: achievements and challenges
RAGONE, SABRINA
2019
Abstract
The IACtHR turned 40 in 2018, and in 2019 five governments belonging to the OAS signed a declaration demanding changes in its attitude towards the states subject to its jurisdiction. This text analyzes the evolution of the IACtHR taking into account, first, its legal basis and context. The critical examination then moves to the evolution of its jurisprudence, on which the author elaborates a classification into different periods which cover the time-span of the decisions, until recent cases addressing economic and social rights. Comparatively, the article contrasts the Inter-American case with the role played by the European Court of Human Rights, as well as international tribunals in general, in order to highlight the peculiarities of the American system. Finally, it offers a critical assessment of the current state of affairs, concluding with a series of reflections and innovative proposals on how to increase the Court’s legitimacy.I documenti in IRIS sono protetti da copyright e tutti i diritti sono riservati, salvo diversa indicazione.