Analysis of the inter-american human rights system: achievements and challenges

Abstract

This paper provides an overview of the inter-American human rights system within the framework of the organization of American States, addressing its origins, evolution, and current status. It highlights the main milestones that marked its consolidation, such as the American Declaration of the Rights and Duties of Man in 1948, and the entry into force of the American Convention on Human Rights in 1978, together with the establishment of the Inter-American Court. The paper delves into the vital role played by the Inter-American Court through its progressive jurisprudence, both in judgments and advisory opinions, always pro homini, showing how it has contributed to strengthening and expanding the catalogue of protected rights. However, it also addresses persistent challenges, such as the failure of some States to comply with judgments, lack of support from States, and structural obstacles such as limited funding. It also points out areas for improvement in the Court’s practice, such as the application of conventionality control and the need for greater dialogue with national systems. In short, the work provides a comprehensive, critical, and balanced assessment of the inter-American system, highlighting its achievements, limitations, and the challenges it faces in order to remain an effective instrument in the defense of human rights in the region.