Reevaluating Regional Human Rights Litigation in the Twenty-First Century: The Case of the Inter-American Court

Abstract

This article addresses the radical transformation over the past two decades of the political landscapes over which regional human rights courts exercise jurisdiction. Considering briefly the European Court of Human Rights, but focusing primarily on its Inter-American counterpart, the article posits several hypotheses concerning the means of maximizing courts’ effectiveness in today’s political context. The article recommends that the Inter-American Court: 1) consider intensifying its use of live fact-finding; 2) ensure that state recognitions of responsibility do not allow governments to manipulate Court proceedings; and 3) issue grounded jurisprudence that is maximally relevant to domestic human rights conditions.

Keywords: Inter-American, human rights litigation, supranational tribunals, fact-finding, jurisprudence, European Court of Human Rights, witness testimony, allanamientos