Jump to Content Jump to Main Navigation

Part Three Beyond Judgment—Reparations, Compliance, and the Future of the Inter-American System, 16 The Future of the Inter-American Human Rights System

James L. Cavallaro, Claret Vargas, Clara Sandoval, Bernard Duhaime, Caroline Bettinger-Lopez, Stephanie Erin Brewer, Diana Guzmán, Cecilia Naddeo

From: Doctrine, Practice, and Advocacy in the Inter-American Human Rights System

James L. Cavallaro, Claret Vargas, Clara Sandoval, Bernard Duhaime, Caroline Bettinger-Lopez, Stephanie Erin Brewer, Diana Guzman, Cecilia Naddeo

From: Oxford Public International Law (http://opil.ouplaw.com). (c) Oxford University Press, 2021. All Rights Reserved.date: 17 April 2021

Subject(s):
Human rights

This chapter begins by critically appraising the efficacy of the inter-American system of human rights and recent shifts in the jurisprudence of the Commission and Court. It then turns to proposals for improving the system’s mechanisms for protecting and promoting human rights. It considers major challenges to the system’s operation and the implementation of such changes, particularly the lack of adequate financial resources and the lack of universal ratification of the American Convention in the Organization of American States. The chapter then discusses the domestic political and legal obstacles to ratifying the American Convention in the United States and Canada, before considering the threat of denunciation by already-ratified states. The chapter concludes by considering various proposals of change and reform, as well as existing political pressures and initiatives that could undermine the system.

Users without a subscription are not able to see the full content. Please, subscribe or login to access all content.