Weak Institutions, Rights Claims and Pathways to Compliance: The Transformative Role of the Peruvian Human Rights Ombudsman

Abstract

This article examines the contribution of the Peruvian human rights ombudsman towards upholding a stable and enforceable rights framework, an important component of an inclusive democratic political regime. It argues that the human rights ombudsman may play a significant role in advancing social transformation through the articulation and facilitation of rights claims in an institutional terrain informed by the politically contested nature of formal rules. The analysis goes beyond formal legal channels of redress to consider innovative mechanisms to increase social accountability, including a variety of non-judicial remedies such as policy initiatives, media advocacy and conflict mediation. The article suggests the human rights ombudsman is well placed to advance rights claims through legal, institutional and social pathways, with particular focus on the question of compliance — understood as a matter of both enforcement and management.

Keywords: Human rights, ombudsmen, Peru, accountability, democratization