Study on the so-called process of strengthening the Inter-American Human Rights System: political and legal implications

Abstract

It is curious to discuss schemes to dictate the decisions of the organs of the IAHRS. Until now, the same organs were the pride of American political leaders and were exhibited as a definite sign of progress and civilization in the region, precisely because of its independence, professionalism and progress. The Inter–American Commission on Human Rights, which received extensive praises valuing their contribution to enforce democracy in Latin American countries after dictatorial governments, today is being heavily questioned. Even more, some countries have left the discussion, preferring to leave the system. This situation can be analyzed from two different –but interrelated– points of view. The political approach which usually becomes discursive; and the legal approach, held by the actors of the system. The approach we propose seeks to go beyond the specific criticisms and to rethink the role of politics in law and in the organs of self–control the State creates, in this case, at an international level.